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HomeMy WebLinkAbout2026.0421TCRSP.2 NOTICE OF REGULAR MEETING OF THE TOWN COUNCIL Mayor Gerry M. Friedel Vice Mayor Gayle Earle Councilmember Peggy McMahon Councilmember Brenda J. Kalivianakis Councilmember Allen Skillicorn Councilmember Hannah Larrabee Councilmember Rick Watts TIME: WHEN: WHERE: 5:30 PM - REGULAR MEETING DOORS OPEN 15 MINUTES PRIOR TO THE START OF THE MEETING TUESDAY, APRIL 21, 2026 FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, ARIZONA 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. 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. PARTICIPATION IN PUBLIC MEETINGS Request to Comment Cards To speak or submit written comments, a Request to Comment card is required. Cards must be completed and submitted to the Town Clerk before the meeting begins. Late or incomplete cards will not be accepted. A separate card is required for each agenda item. Agenda Items (Consent or Regular) Request to Comment cards must include the agenda item number, whether the speaker is FOR or AGAINST the item, and whether the individual wishes to speak or submit written comments. Online Request to Comment cards may be submitted for regular agenda items only to either provide written comments or request to speak at the meeting. Online submissions must be received by 12:00 PM the day before the meeting at: https://www.fountainhillsaz.gov/publiccomment. Online comments are shared with the Town Council. Call to the Public requests are accepted in person only. Request to Comment cards must be submitted prior to the meeting commencing. Online submissions are not accepted for Call to the Public. Speaking Rules Speakers may speak only when recognized by the Presiding Officer and are limited to three (3) minutes. All comments must be directed through the Presiding Officer, not to individual Councilmembers or staff. Request to Comment cards and submitted information are public records subject to public disclosure. 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). Meeting Packet Page 1 of 338 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. INVOCATION a. Provided by: Vicky Derksen 3. ROLL CALL 4. STATEMENT OF PARTICIPATION Anyone wishing to address the Council regarding items listed on the agenda or during Call to the Public must completely fill out a Request to Comment card located in the back of the Council Chambers and hand it to the Town Clerk prior to the start of the meeting. Once the meeting has started, late requests to speak cannot be accepted. When your name is called, please approach the podium, speak into the microphone, and state your name and if you are a resident for the public record. Comments may not exceed three minutes. It is the policy of the Mayor and Council not to 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. To avoid disruption of the meeting, to maintain decorum, and provide for an equal and uninterrupted presentation, applause is not permitted, except during Proclamations, Awards, and Recognitions. All meeting participants must maintain proper decorum as specified in Section 6 of the Council Rules of Procedure. 5. SUMMARY OF CURRENT EVENTS BY TOWN MANAGER 6. PRESENTATIONS a. PRESENTATION: Community Services Capital Improvement Plan Update FY26 b. PRESENTATION: Public Works Capital Improvement Projects Update FY26 c. PRESENTATION: Public Works Update 7. PROCLAMATIONS, AWARDS, AND RECOGNITIONS a. RECOGNITION: Mayor's Business Spotlight: Saddle Bronc Grill b. RECOGNITION: Mayor's Veteran of the Month - YN3 Sanford "Sandy" Borken, USN (Ret) 8. CONSENT AGENDA All items listed are considered to be routine, non-controversial matters and will be enacted by one motion and vote 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 item will be removed from the Consent Agenda and considered as the first item on the Regular Agenda. The remaining items on the Consent Agenda will be enacted by one motion and vote of the Council. a. CONSIDERATION AND POSSIBLE ACTION: Approving Resolution 2026-13, renewing the Intergovernmental Agreement with Maricopa County Superior Court to coordinate Jury Services for Fountain Hills Municipal Court. b. CONSIDERATION AND POSSIBLE ACTION: Approving a request from Turf Paradise to operate Off-track Parimutuel Wagering (Off-Track Betting) at Parkview Tap House, located at 16828 E Parkview Ave, Fountain Hills, AZ 85268 Meeting Packet Page 2 of 338 9. REGULAR AGENDA a. CONSIDERATION AND POSSIBLE ACTION: Approval of Council Subcommittee B’s recommendation to appoint two (2) members to the Planning & Zoning Commission for full three-year terms (May 1, 2026 – April 30, 2029). b. CONSIDERATION AND POSSIBLE ACTION: Approval of Council Subcommittee A's recommendation to reappoint a member to the Community Services Advisory Commission for full three-year terms (May 1, 2026 – April 30, 2029). c. CONSIDERATION AND POSSIBLE ACTION: Approval of Council Subcommittee A’s recommendation to appoint three (3) members to the Strategic Planning Advisory Commission for full three-year terms (May 1, 2026 – April 30, 2029). d. PUBLIC HEARING, with CONSIDERATION AND POSSIBLE ACTION: Regarding the REZONE of approximately 20 acres located approximately 600-feet south of the southeast corner of Golden Eagle Blvd. and Nyack Drive (APN 176-21-181) from R1-35 (35,000 sq. ft. lot size minimum) to R1-10A (10,000 sq. ft. lot size minimum) to allow development of 25 single-family residential lots. e. PUBLIC HEARING, with CONSIDERATION AND POSSIBLE ACTION: Relating to Ordinance 26-02, amending Zoning Ordinance Chapter 27, Downtown Overlay, Section 27.02 A. regarding permitted density for residential development. f. PUBLIC HEARING, with CONSIDERATION AND POSSIBLE ACTION: Relating to Ordinance 26-08, rezoning the area bounded by La Montana Dr., Saguaro Boulevard, and Avenue of the Fountains, to adopt the Downtown Overly District and to remove the existing Entertainment and Planned Shopping Plaza Overlay Districts to the area bounded by La Montana Drive, Palisades Boulevard, Saguaro Boulevard, and Avenue of the Fountains. g. CONSIDERATION AND POSSIBLE ACTION: Related to any item included in the Arizona Cities and Town's Weekly Legislative Bulletin or relating to any action proposed or pending before the State Legislature. 10. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431.01, or as prescribed by state law. 11. COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER Members of the Council may (1) request the Town Manager follow-up on matters raised at that meeting; (2) request one two-minute response to directed criticism raised any portion of the meeting; (3) a consensus of the Council may request the Town Manager to research a matter and report back to the Council. 12. FUTURE AGENDA ITEMS 13. ADJOURNMENT Dated this 16th day of April, 2026. Bevelyn J. Bender, Town Clerk Meeting Packet Page 3 of 338 The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call (480) 816-5100 (voice) or AZRelay 7-1-1 the Thursday prior to the meeting to request reasonable accommodation. Meeting Packet Page 4 of 338 Presented by Kevin Snipes, Community Services Director FY26 Capital Projects Update Meeting Packet Page 5 of 338 Golden Eagle Park Playground Replacement Complete, Carry Over from Last Year 2 Budgeted $150,000 Expended $152,555 Over Budget $ -2,555 Meeting Packet Page 6 of 338 Avenue Linear Park Improvements (Multi-Year 2 of 3) Complete Budgeted $200,000 Expended $193,305 Remaining Budget $ 6,695 Meeting Packet Page 7 of 338 COMMUNITY CENTER LIGHTING AND FANS BEFORE AFTERAFTER Meeting Packet Page 8 of 338 Budgeted $550,000 Ceiling Fans $49,100 Motorized Roller Blinds $46,500 Light Fixtures in the Lobby $115,203 Divider Walls in the Ballrooms $332,873 Expended $543,676 Under Budget $6,324 COMMUNITY CENTER DIVIDER WALLS, BLINDS, LIGHTING AND FANS Meeting Packet Page 9 of 338 Skyview Park Out For Bid Construction Meeting Packet Page 10 of 338 Skyview Park Development Fees Budgeted $700,000 Expended For Design $36,348 Meeting Packet Page 11 of 338 •Budgeted $50,000 •Encumbered $40,213Budget Remaining $ 9,787 Centennial Pavilion Shade Lighting Meeting Packet Page 12 of 338 Fountain Park Ramada Replacement Out for Bid Meeting Packet Page 13 of 338 Fountain Park Splash Pad Shade Lighting- Met with vendor design In ProcessBudgeted $50,000 Expended $0 Desert Vista Dog Park Improvements- Work to begin end of May-JuneBudgeted $50,000 Expended $0 Desert Vista Pumphouse and Four Peaks Electrical Room Design- Met with contractor and working on design/build to save 100,000 designBudgeted $50,000 Each Expended $0 Meeting Packet Page 14 of 338 Questions Meeting Packet Page 15 of 338 Presented by Justin T. Weldy, Public Works Director Town Council Meeting April 21, 2026 FY26 Public Works Capital ProjectsUpdate Meeting Packet Page 16 of 338 Public Works FY 2026 Capital Projects 2Meeting Packet Page 17 of 338 S6058 – Shea Boulevard Widening South Side Between Palisades Blvd & FHBLVD State Funding (Prop 400) UNDER CONSTRUCTION FY26 Budget $3,525,000 Expended $170,371.35 Available $3,354,628.65 Development Fee Eligible MAG Grant $2,100,000 3Meeting Packet Page 18 of 338 S7003 – Palomino Boulevard Full Depth Pavement Reconstruction 4 Budgeted - $5,400,000.00 Construction bid - $3,176,633.92 Expended - $ 1,304,057.59 Budget Available - $4,095,942.41 Meeting Packet Page 19 of 338 5 Pedestrian Marked Crosswalks/Sidewalk Infill – Town -Wide S7002 - Crosswalks Budgeted: $152,900.00 Expended: $140,803.77 Encumbered: $12,096.23 (Saguaro & Monterey) Budget Available: $0 S6061 - Sidewalks Budgeted: $325,000.00 Expended: $237,261.66 Encumbered: $54,230.72 (Saguaro & Monterey) Budget Available: $33,507.62 Crosswalk Locations Completed in FY26: •El Lago Mid-Block Crossing (between Saguaro & La Montana) •Golden Eagle Blvd & Brittlebush Dr •La Montana Dr & Cambria Dr •La Montana & Hamilton Dr Sidewalk Infill Completed in FY26: •La Montana between Hamilton Dr and Saguaro Blvd •Sidewalk on Hamilton Dr Meeting Packet Page 20 of 338 S6068 – Town wide Guardrail replacement Guardrail Locations Completed in FY26: •McDowell Mountain Road – Milepost 2 6 Budgeted: $50,000 Expended: $14,261 Encumbered: $29,140 (for Palisades Blvd) Budget Available: $6,599 Meeting Packet Page 21 of 338 S6059 - Wayfinding Signs Installation Nearly Complete 7 Budgeted: $88,194 Expended: 54,704.31 Encumbered: $33,263.50 Budget Available: $226.19 Meeting Packet Page 22 of 338 D6057 - Golden Eagle Impoundment Area - Phase 2 (Golden Eagle Dam Improvements Only) Design almost complete – Coord. with ADEQ Construction anticipated for FY27 75% Grant Funded from Flood Control District of Maricopa County for Construction 8 Budgeted (FY26): $300,000.00 Expended: $291,2333.55 FY26 Budget Available: $8,766.45 Meeting Packet Page 23 of 338 D6060 – Stormwater Infrastructure Rehabilitation Projects Completed in FY26 – Wendover Court Spillway Currently Underway – Nelson Drainage Channel 9 Budgeted: $150,360.00 Expended: $150,354.59 Meeting Packet Page 24 of 338 E-8506 - Downtown Streetscape Improvements – Phase I (Verde River Dr and Parkview Ave) MAG Design Assistance Grant Work Completed in September 2025 (15% Plan and Project Assessment Report) Public Meeting Held – April 9, 2026 Design of Verde River & Parkview Underway – 30% Completion by June 10 Budgeted: $515,000 Expended: $88,529.29 Encumbered: $407,908.40 Budget Available: $18,562.31 Meeting Packet Page 25 of 338 Questions Meeting Packet Page 26 of 338 Presented by Justin T. Weldy, Public Works Director Town Council Meeting April 21, 2026 FY26 Public Works Update Meeting Packet Page 27 of 338 Public Works FY 2025 Pavement Maintenance Cost - $4,093,023 2Meeting Packet Page 28 of 338 Pavement Maintenance FY26 Mill & Pave In FY26, the Town will be spending $3,919,830 on asphalt milling and paving of streets Completed: 0.35 Lane Miles Cardinal Ct Bumblebee/Scorpion Underway/to be completed: 8.92 Lane Miles Richwood, Indian Wells, Kim Dr, Rand Dr, Nicklaus Dr, Thistle, Kingstree, Eagle & Niblick, Mangrum, Twin Deer Run & Several Alleys Meeting Packet Page 29 of 338 Pavement Maintenance FY26 Crackseal & PMRE 83,580 lb of Crackseal/PMRE treatment was applied at various locations throughout Town Expended - $173,192.65 Meeting Packet Page 30 of 338 Street Department 5Meeting Packet Page 31 of 338 6 After hours calls for service Staff responded to 138.5 hours of emergency call outs Meeting Packet Page 32 of 338 7 Pothole Repair •Street Department Staff and contractors placed 24 tons of cold patch asphalt, repairing hundreds of potholes Townwide. •Hot patch pothole repair was performed by a contract crew at: •Fountain Hills Blvd – Palisades Blvd to Glenbrook Blvd •Palisades Blvd – Saguaro Blvd to La Montana Dr Saguaro Blvd Tree Planting •45 new trees were planted on Saguaro Blvd between Kingstree Blvd and Panorama Blvd Meeting Packet Page 33 of 338 8 •Non-ferrous - These metals include aluminum, copper, nickel, lead, tin, and zinc •Ferrous metals - Most common ferrous metals are steel, alloy steel, cast iron, and wrought iron The Street Department collects and sells on average 2,500 lbs a month The funds ($500.00) is deposited into the Streets Fund for sign replacement Non-Ferrous & Ferrous Metals Collection & Recycling Meeting Packet Page 34 of 338 Facilities Division 9Meeting Packet Page 35 of 338 F4045 – Replacement of Chiller #3 Chiller installed: December, 2025 10 FY26 Budget: $251,377.50 Expended: $240,225.00 Encumbered: $7,975 Budget Available: $3,177.50 Meeting Packet Page 36 of 338 Facilities Updates 11 Recently Completed Projects: • Charge Point- Credit Card Terminal replaced • Insulated Chilled Water Pump #5 • Garage doors Range Extender at FS1 completed • FS1 & FS2 garage doors annual maintenance completed • FS1 Roof top HVAC replacement completed • Installed new motor and controller at Community Center front door • Fire alarm & sprinkler annuals completed Shredding Event is scheduled for April 18th Meeting Packet Page 37 of 338 12 Environmental Programs •Household Hazardous Waste Collection Event – Saturday, Nov 8, 2025 Collected: 97 lb Lithium Ion Batteries 3,778 lb batteries 267 lb Bulbs 800 lb oil 14,250 lb paint 900 lb flammable aerosols 1,225 lb pesticides 825 lb of gasoline 1,500 lb various chemicals 92 lb propane Meeting Packet Page 38 of 338 13 Environmental Programs Electronic Recycling Collection Event – Scheduled for Saturday, April 11, 2025 Last year, collected: 10,620 pounds (5tons) of electronics on 19 pallets. Meeting Packet Page 39 of 338 Questions Meeting Packet Page 40 of 338 ITEM 8.a. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 4/21/2026 Meeting Type: Town Council Regular Meeting Submitting Department: Municipal Court Prepared by: Joanna Elliott, Court Administrator Staff Contact Information: Phone: 480-816-5121 Email: jelliott@fountainhillsaz.gov Request to Town Council Regular Meeting (Agenda Language) CONSIDERATION AND POSSIBLE ACTION: Approving Resolution 2026-13, renewing the Intergovernmental Agreement with Maricopa County Superior Court to coordinate Jury Services for Fountain Hills Municipal Court. Staff Summary (background) The IGA between Fountain Hills Municipal Court and Maricopa County Superior Court has been in place for many years to facilitate consistent and lawfully appropriate jury services. The Jury office provides services such as jury summonsing, jury coordination in the event of postponement or an excusat, and maintaining the jurors' information. Though Jury Trials are uncommon in Fountain Hills, the contract ensures the proper services are provided. The annual cost is $300.00 and if a Jury Trial does happen, the cost to summons Jurors' is placed on the defendant. Related Ordinance, Policy or Guiding Principle Please see attached Resolution 2024-21 for background information on IGA. Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the IGA with Maricopa County Superior Court. Suggested Motion MOVE TO APPROVE Resolution 2026-13 FISCAL IMPACT Fiscal Impact: N/A Budget Reference: N/A Funding Source: N/A ATTACHMENTS 1. Town of Fountain Hills Renewal_2 2. Resolution 2026-13 final 3. Res 2024-21 Meeting Packet Page 41 of 338 AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR JURY SERVICES On or about June 12, 2024, the Town of Fountain Hills, Town of Fountain Hills Municipal Court, and the Superior Court of Arizona in Maricopa County entered into an intergovernmental agreement for Jury Services (“IGA”). The initial term of the agreement is through June 30, 2026. The Town of Fountain Hills Municipal Court and the Superior Court of Arizona in Maricopa County agreed to amend paragraph 6 of the IGA as follows, with the additional term in capital letters: If the Town of Fountain Hills Municipal Court requires any virtual private network (VPN) services (also known as RAS accounts), the Town of Fountain Hills Municipal Court shall be charged a set up charge of $50.00 per user, and a monthly charge of $8.00 per user. The fee for services rendered by Superior Court to the Town of Fountain Hills Municipal Court shall be payable on or after July 1st, within 30 days of receipt of billing, for services rendered during the previous 12- month period. Each party will establish and maintain its own budget according to its established rules and procedures. This Amendment renews the Jury Services IGA for the Town of Fountain Hills Municipal Court for an additional two-year term, from July 1, 2026, through June 30, 2028, with the terms and conditions of the IGA entered on or about June 12, 2024. Also in accordance with Paragraph 4 of the IGA, the Superior Court may increase the cost per summons at the time of renewal to reflect an increase in actual costs. Effective July 1, 2027, the cost per summons will be $4.35. All other costs shall remain the same. All other provisions of the IGA shall remain in their entirety. In witness whereof, the parties hereto have executed this Amendment on the date written below: ___________________________ Honorable Pamela S. Gates Presiding Judge Superior Court of Arizona in Maricopa County __________________________ Date ______________________________ Presiding Judge Fountain Hills Municipal Court ______________________________ Date Meeting Packet Page 42 of 338 IN ACCORDANCE WITH A.R.S §11-592, THIS CONTRACT HAS BEEN REVIEWED BY THE UNDERSIGNED WHO HAVE DETERMINED THAT THIS CONTRACT IS IN APPROPRIATE FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED TO EACH RESPECTIVE PUBLIC BODY. TOWN ATTORNEY ____________________________ Town Attorney ______________________________ Date ARIZONA ATTORNEY GENERAL’S OFFICE __________________________ Assistant Attorney General __________________________ Date ATTEST ____________________________ Town Clerk, Fountain Hills ____________________________ Date Meeting Packet Page 43 of 338 RESOLUTION NO. 2026-13 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA ON BEHALF OF THE SUPERIOR COURT OF ARIZONA, IN AND FOR THE COUNTY OF MARICOPA (“SUPERIOR COURT”) WHEREAS, the Town desires to coordinate with the Superior Court to coordinate certain jury services for the Town of Fountain Hills Municipal Court; and WHEREAS, the Town and Municipal Court have historically entered into this relationship; and WHEREAS, the County of Maricopa, through its Superior Court, has the recourse and ability to provide such services. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the Town, through its Mayor and Council, hereby approves the Intergovernmental Agreement (“the Agreement”), in substantially the form attached hereto as Exhibit A. SECTION 2. Pursuant to the terms of the Agreement, the Town hereby authorizes the expenditure of $300 per year, and a cumulative total of not more than $500. And XX/100 ($500). SECTION 3. July 1, 2026 This resolution shall become effective thirty (30) days after its passage and adoption by the Town Council of the Town of Fountain Hills, Arizona, and its approval by the Mayor and attestation by the Town Clerk. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this 21 day of April, 2026. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Mayor Town Clerk REVIEWED BY: APPROVED AS TO FORM: Town Manager Town Attorney CERTIFICATION [INSERT WHEN NECESSARY] Meeting Packet Page 44 of 338 I, Bev Bender the duly appointed Clerk of the Town of Fountain Hills, Arizona, do hereby certify that the above and foregoing Resolution No._________ was duly passed by the Mayor and the Council of the Town of Fountain Hills, Arizona, at a [INSERT TYPE OF MEETING] held on [INSERT DATE OF MEETING], and the roll call of the vote thereon was ______ Ayes, ______ Nays, and that the Mayor and ______ Councilmembers were present thereat. __________________________________________________ Bev Bender, Town Clerk Town of Fountain Hills Meeting Packet Page 45 of 338 EXHIBIT A TO RESOLUTION NO. 2026-13 AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR JURY SERVICES On or about June 12, 2024, the Town of Fountain Hills, Town of Fountain Hills Municipal Court, and the Superior Court of Arizona in Maricopa County entered into an intergovernmental agreement for Jury Services (“IGA”). approved by the Town Council as Resolution 2024-21 The Town of Fountain Hills Municipal Court and the Superior Court of Arizona in Maricopa County agreed to amend paragraph 6 of the IGA to replace in totality subsection B, item (iii) as follows: iii. If the Town of Fountain Hills Municipal Court requires any virtual private network (VPN) services (also known as RAS accounts), the Town of Fountain Hills Municipal Court shall be charged a set up charge of $50.00 per user, and a monthly charge of $8.00 per user. The fee for services rendered by Superior Court to the Town of Fountain Hills Municipal Court shall be payable on or after July 1st, within 30 days of receipt of billing, for services rendered during the previous 12-month period. Each party will establish and maintain its own budget according to its established rules and procedures. This Amendment renews the Jury Services IGA for the Town of Fountain Hills Municipal Court for an additional two-year term, from July 1, 2026, through June 30, 2028, with the terms and conditions of the IGA entered on or about June 12, 2024. In accordance with Paragraph 4 of the IGA, the Superior Court may increase the cost per summons at the time of renewal to reflect an increase in actual costs. Effective July 1, 2027, the cost per summons will be $4.35. All other costs shall remain the same. As such, paragraph 6, subsection B, item (i) is amended as follows: i. A fee of $4.35 for each summons printed and mailed by the Superior Court on behalf of the Municipal Court. All other provisions of the IGA shall remain in their entirety. In witness whereof, the parties hereto have executed this Amendment on the date written below: Meeting Packet Page 46 of 338 Honorable Pamela S. Gates Presiding Judge Superior Court of Arizona in Maricopa County Presiding Judge Town of Fountain Hills Court Date Date Meeting Packet Page 47 of 338 RESOLUTION NO. 2026-13 IN ACCORDANCE WITH A.R.S §11-592, THIS CONTRACT HAS BEEN REVIEWED BY THE UNDERSIGNED WHO HAVE DETERMINED THAT THIS CONTRACT IS IN APPROPRIATE FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED TO EACH RESPECTIVE PUBLIC BODY. ARIZONA ATTORNEY GENERAL’S OFFICE TOWN ATTORNEY Assistant Attorney General Town Attorney Date Date ATTEST Town Clerk, Fountain Hills Town Clerk Date Meeting Packet Page 48 of 338 RESOLUTION NO.2024-21 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA ON BEHALF OF THE SUPERIOR COURT OF ARIZONA, IN AND FOR THE COUNTY OF MARICOPA ("SUPERIOR COURT"), WHEREAS, the Town desires to coordinate with the Superior Court to coordinate certain jury services for the Town of Fountain Hills municipal court; and WHEREAS, the Town and municipal court have historically entered into this relationship; and WHEREAS, the County of Maricopa, through its Superior Court, has the recourse and ability to provide such services. BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Town, through its Mayor and Council, hereby approves the Intergovernmental Agreement (the "Agreement"), in substantially the form attached hereto as Exhibit A. SECTION 2. Pursuant to the terms of the Agreement, the Town hereby authorizes the expenditure of $300 per year, and a cumulative total of not more than $500 and XX/100 ($500). SECTION 3. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the Agreement and to take all steps necessary to carry out the purpose and intent of this Resolution. Signatures on following page] Meeting Packet Page 49 of 338 PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Maricopa County, Arizona, this day of , 2024. FOR THE TOWN OF FOUNTAIN HILLS: A/N1. Ginn Dickey, Mayor REVIEWED BY: Rachael Go , Town Manager ATTESTED TO: in • a Mendenhall, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney Meeting Packet Page 50 of 338 INTERGOVERNMENTAL AGREEMENT BETWEEN THE SUPERIOR COURT OF ARIZONA IN MARICOPA COUNTY and THE TOWN OF FOUNTAIN HILLS, ARIZONA This Intergovernmental Agreement ("IGA" or "Agreement"), is entered into between the State of Arizona on behalf of the Superior Court of Arizona, in and for the County of Maricopa Superior Court"), and the Town of Fountain Hills, Arizona, a municipal corporation, on behalf of its municipal court ("Municipal Court"), for jury services. The Superior Court and the Municipal Court are sometimes collectively referred to, herein, as "parties" and sometimes individually as "party." 1. RECITALS WHEREAS, the Superior Court has historically offered certain jury services to certain municipal courts in Maricopa County; and WHEREAS, Municipal Court desires to use the jury services offered by the Superior Court; THEREFORE, in consideration of the mutual agreement expressed herein, the parties agree as follows: 2. PURPOSE The purpose of this IGA is to provide jury services as specified herein. 3. AUTHORITY The Superior Court has the duty and authority to summon jurors. A.R.S. § 21-301 et seq. The Municipal Court has the duty and authority to summon jurors. A.R.S. §§ 21-301 et. seq., 22-401 et. seq. The parties are authorized to enter into this IGA pursuant to A.R.S. § 11-952(J). 4. TERM AND RENEWAL; TERMINATION A. This IGA shall be effective July 1, 2024, and shall expire June 30, 2026. The parties may renew this IGA in writing for four additional two-year terms, to expire no later than June 30, 2034. If the Municipal Court wishes to renew this IGA, it must notify the Superior Court at least ninety (90) days in advance of its expiration. If Town Council approval is required and has been obtained to enter into this IGA, renewal may be executed by the Municipal Presiding Judge or the Town Manager. The Municipal Court understands and 1 Meeting Packet Page 51 of 338 agrees that the Superior Court may increase the cost per summons or cost per compact disc CD") at the time of renewal to reflect an increase in actual costs. B. Either party may terminate this IGA for any reason upon thirty (30) days' written notice. Either party may terminate this IGA immediately if the other party materially breaches the IGA. Either party may terminate this IGA due to non -availability of funds, as stated in paragraph 17. Upon termination, all property used in performance of this IGA shall be returned to the party owning the property or entitled to possession. C. This IGA supersedes all prior agreements between the parties for jury services. Any amendments to this IGA must be in writing and signed by both parties. 5. DUTIES OF SUPERIOR COURT A. If the Municipal Court in paragraph 6, below, elects to have the Superior Court print and mail summons, the Superior Court shall do the following on behalf of the Municipal Court: i. The Superior Court will print and mail a summons to potential jurors on behalf of the Municipal Court. The potential jurors will be selected to receive a summons from a master jury list in accordance with state law. See A.R.S. § 21-301 et seq. In addition to printing and mailing the summonses, the Superior Court will field phone calls about postponements, excuses, and disqualifications. ii. The Superior Court shall include the phone number provided by the Municipal Court on all summonses for potential jurors issued a summons to call and listen to a recording and/or to inquire about whether they must report at the date and time specified in the summons. The Superior Court is not responsible for maintaining or staffing this phone line or recording. iii. The Superior Court shall process the payment of jury fees and mileage reimbursements. iv. The Superior Court is not responsible for setting up the Remote Access Services RAS") account or providing maintenance or services related to the RAS account. The RAS accounts and related maintenance or services are provided through the Office of Enterprise Technology ("OET"). B. If the Municipal Court in paragraph 6, below, elects to have the Superior Court provide a CD with the names and addresses of potential jurors to whom the Municipal Court may issue its own summonses, the Superior Court shall provide a CD within ten (10) business days with one -hundred (100) such names. If the Municipal Court elects to have the Superior Court provide a CD, the CD is the only product or service provided by the Superior Court, and the Superior Court will not: print and mail the summonses; field phone calls about postponements, excuses, disqualifications; or process payment of jury fees and mileage reimbursements. 2 Meeting Packet Page 52 of 338 C. The Superior Court shall submit bills to the Municipal Court on a quarterly basis, except the Superior Court may bill for the CDs and RAS accounts at the time they are provided. 6. DUTIES OF MUNICIPAL COURT A. On or before the start of the term of this IGA and any renewal terms, the Municipal Court shall elect in writing to the Superior Court Jury Office whether the Municipal Court wants the Superior Court to print and mail summonses, wants a RAS account, and/or wants a CD with the names and addresses of potential jurors to whom the Municipal Court may print and issue its own summonses. The Municipal Court may make its election by checking one of the options below, or it may otherwise make this election in writing to the Superior Court Jury Office. Print and Mail Summons CD with Juror Names 3- Number of RAS accounts B. The Municipal Court agrees to pay the following fees, depending on the elections made by the Municipal Court: i. A fee of $2.90 for each summons printed and mailed by the Superior Court on behalf of the Municipal Court. ii. The Municipal Court shall reimburse the Superior Court for the daily attendance fees and mileage reimbursements the Superior Court pays to jurors on behalf of the Municipal Court. iii. A $50.00 activation fee and an $8.00 monthly subscriber fee for each RAS account. Each person who enters data or has access through a RAS account must have his/her own account. The Municipal Court must notify the Superior Court and OET when the Municipal Court changes RAS account users. If the Superior Court incurs additional fees or costs from OET related to RAS accounts for the Municipal Court, the Municipal Court shall reimburse the Superior Court for such reasonable and justifiable fees or costs. iv. A fee of $25.00 for each 100 potential jurors listed on the CD. v. A fee of $150.00 if the Municipal Court fails to timely enter juror data, as set forth below. C. If the Municipal Court elects to have the Superior Court print and mail summons on its behalf, the Municipal Court is responsible for the following: i. By July 1 of each year, the Municipal Court shall provide the Superior Court with information on the number of jurors to be summoned and on which days they shall be summoned. The Municipal Court shall notify the Superior Court at least seven 7) weeks in advance of any changes in the number of summonses needed and the dates for which summonses shall be sent. Each year, by the first Friday in 3 Meeting Packet Page 53 of 338 November, the Municipal Court shall provide the Superior Court with blackout dates for the next year. Blackout dates are days on which the Municipal Court knows at the beginning of the year it will not need jurors to appear for service during that year. ii. The Municipal Court shall operate a phone line for jurors to call to inquire whether they must report on the date and time specified on their summons. The Municipal Court shall provide the Superior Court with the phone number and any changes to the phone number so the Superior Court can include it on the summons. The Municipal Court is solely responsible for the costs, maintenance and staffing associated with this phone line. iii. Within three (3) business days of the first day a juror reports for jury service in the Municipal Court, the Municipal Court shall provide the Superior Court with information regarding individuals who have reported for jury service in response to a summons sent by the Superior Court pursuant to this IGA as follows: a. The Municipal Court may use the Superior Court's form. The Municipal Court shall type the information requested in the form in order to ensure accurate information is processed by the Maricopa County Superior Court; or b. If the Municipal Court has elected to have RAS account card access and paid the associated fees for such access, the Municipal Court may enter the data into the program the Superior Court uses for juror management (currently, Clearview Jury). The Superior Court may provide general direction regarding how to enter the data in Clearview Jury (or any other program the Superior Court later decides to use for juror management). However, the Municipal Court is responsible for all technical support of its computer system and training of its employees. c. If the Municipal Court fails to enter the data within the three (3) business days described, the Superior Court will charge the Municipal Court a fee of $150.00 for each day for which juror information is not entered to cover additional costs for re -running billing data, analyzing billing data, and re-entry into billing spreadsheets. D. If the Municipal Court elects to have the Superior Court provide a CD of names and addresses, the Municipal Court is responsible for all of its own jury services, including but not limited to printing and mailing the summonses, fielding phone calls relating to jury service, and processing payment of jury fees and mileage reimbursements. E. The Municipal Court is responsible for enforcement of any juror summonses issued on behalf of its court, including contempt notices, hearings, proceedings, procedures, and/or other enforcement measures. The Superior Court is not obligated by this IGA to conduct any contempt or enforcement proceedings on behalf of the Municipal Court. 4 Meeting Packet Page 54 of 338 F. The Municipal Court is not authorized and shall not permanently excuse any jurors. The Municipal Court shall refer any jurors seeking to be permanently excused to the Superior Court, regardless of whether the Superior Court printed and mailed the summons or the Municipal Court printed and mailed the summons. G. The identity of jurors or potential jurors is sensitive, confidential, and protected by statute and court rule. The Municipal Court agrees to restrict access to information provided under this agreement to individuals who are authorized to access such information for the completion of their official duties. H. The Municipal Court shall comply with the Minimum Accounting Standards and Generally Accepted Accounting Principles related to financial transactions involving jurors. I. The Municipal Court shall remit payment to the Superior Court within thirty (30) calendar days of receiving a bill from the Superior Court. 7. INDEMINIFICATION Each party (as "Indemnitor") agrees to indemnify, defend, and hold harmless the other party (as Indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorneys' fees) (hereinafter collectively referred to as "Claims") arising out of bodily injury of any person (including death) or property damage, but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. In addition, each party shall cause its contractor(s) and subcontractor(s), if any, to indemnify, defend, save and hold harmless the other party, any jurisdiction or agency of that other party, and that other parry's respective directors, officers, officials, agents, and employees (hereinafter referred to as "Indemnitee") from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys' fees, and costs of claim processing, investigation and litigation —hereinafter, referred to as "Claims") for bodily injury, personal injury including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of the contractor(s) and/or subcontractor(s), or any of the directors, officers, agents, or employees of contractor(s) and/or subcontractor(s) for any work arising out of this Agreement. This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation Law or arising out of the failure of such contractor(s) and/or subcontractor(s) to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by such contractor(s) and/or subcontractor(s) from and against any and all claims. It is agreed that such contractor(s) and/or subcontractor(s) will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. 5 Meeting Packet Page 55 of 338 8. INSURANCE Both parties are insured as governmental entities and therefore no insurance certificates are required by either party pursuant to this IGA. If the Municipal Court uses a contractor(s) to perform services in relation to this Agreement, the below insurance requirements shall apply, and shall apply to any subcontractor(s) of contractor(s). Insurance Requirements for Any Contractors Used by Municipal Court: The insurance requirements, herein, are minimum requirements and in no way limit the indemnity covenants contained, herein. The State of Arizona in no way warrants that the minimum limits below are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this IGA by the Contractor, its agents, representatives, employees or subcontractors, and Contractor is free to purchase additional insurance. A. MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide coverage with limits of liability not less than those stated below. 1. Commercial General Liability — Occurrence Form Policy shall include bodily injury, property damage, personal and advertising injury and broad form contractual liability. General Aggregate $2,000,000 Products — Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Blanket Contractual Liability — Written and Oral $1,000,000 Damage to Rented Premises $ 50,000 Each Occurrence $1,000,000 a. The policy shall be endorsed to include the following additional insured language: "The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor." Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by this Contract. b. Policy shall contain a waiver of subrogation endorsement in favor of the State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. 2. Business Automobile Liability Bodily Injury and Property Damage for any owned, hired, and/or non -owned vehicles used by Contractor in the performance of this IGA. Combined Single Limit (CSL) $1,000,000 6 Meeting Packet Page 56 of 338 a. The policy shall be endorsed to include the following additional insured language: "The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor, involving automobiles owned, leased, hired or borrowed by the Contractor." Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by this Contract. b. Policy shall contain a waiver of subrogation endorsement in favor of the State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. c. Policy shall contain a severability of interest provision. 3. Workers' Compensation and Employers' Liability Workers' Compensation Statutory Employers' Liability Each Accident $ 500,000 Disease — Each Employee $ 500,000 Disease — Policy Limit $ 1,000,000 a. Policy shall contain a waiver of subrogation endorsement in favor of the State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. b. This requirement shall not apply to: Separately, EACH contractor or subcontractor exempt under A.R.S. § 23-901 et. seq., AND when such contractor or subcontractor executes the appropriate waiver Sole Proprietor/Independent Contractor) form. B. ADDITIONAL INSURANCE REQUIREMENTS: The policies are to contain, or be endorsed to contain, the following provisions: 1. The Contractor's policies shall stipulate that the insurance afforded the Contractor shall be primary insurance and that any insurance carried by the Department, its agents, officials, employees or the State of Arizona shall be excess and not contributory insurance, as provided by A.R.S § 41-621 (E). 2. The Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of its contract with the other governmental entity(ies) party to this IGA. C. NOTICE OF CANCELLATION: With the exception of ten (10) day notice of 7 Meeting Packet Page 57 of 338 cancellation for non-payment of premium, any changes material to compliance with this IGA in relation to the insurance policies above shall require thirty (30) days written notice to the State of Arizona. Such notice shall be sent directly to the Department and shall be sent by certified mail, return receipt requested. D. ACCEPTABILITY OF INSURERS: Contractor's insurance shall be placed with companies duly licensed in the State of Arizona or hold approved non -admitted status on the Arizona Department of Insurance List of Qualified Unauthorized Insurers. Insurers shall have an "A.M. Best" rating of not less than A- VII or duly authorized to transact Workers' Compensation insurance in the State of Arizona. The State of Arizona in no way warrants that the above -required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. E. VERIFICATION OF COVERAGE: Contractor shall furnish the State of Arizona with certificates of insurance (ACORD form or equivalent approved by the State of Arizona) as required by this Contract. The certificates for each insurance policy are to be signed by an authorized representative. All certificates and endorsements are to be received and approved by the State of Arizona before work commences. Each insurance policy required by this IGA must be in effect at or prior to Contractor's commencement of work under this IGA and remain in effect for the duration of Contractor's work under this IGA. Failure to maintain the insurance policies as required by this IGA, or to provide evidence of renewal, is a material breach of contract. All certificates required by this IGA shall be sent directly to the Department. The State of Arizona project/contract number and project description are to be noted on each certificate of insurance. The State of Arizona reserves the right to require complete, certified copies of all insurance policies required by this IGA at any time. F. SUBCONTRACTORS: Contractor's certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall furnish to the State of Arizona separate certificates for each subcontractor. All coverages for subcontractors shall be subject to the minimum requirements identified above. G. APPROVAL: Any modification or variation from the insurance requirements in this IGA must have prior approval from the State of Arizona Department of Administration, Risk Management Division, whose decision shall be final. Such action will not require a formal contract amendment, but may be made by administrative action. H. EXCEPTIONS: In the event the Contractor or sub-contractor(s) is/are a public entity, then the insurance requirements shall not apply. Such public entity shall provide a Certificate of Self -Insurance. If the Contractor or sub-contractor(s) is/are a State of Arizona agency, board, commission, or university then none of the above shall apply. 9. AUDIT OF RECORDS 8 Meeting Packet Page 58 of 338 Pursuant to A.R.S. §§ 35-214 and 35-215, both parties shall retain all data, books and other records records") relating to this Agreement for a period of five years after completion of the Agreement. All records of a party shall be subject to reasonable inspection and audit by the other party at reasonable times. Upon request, either party shall produce the original of any, or all such records. 10. CANCELLATION FOR CONFLICT OF INTEREST The requirements of A.R.S. § 38-511 apply to this Agreement. Either party may cancel this Agreement, without penalty or further obligation, if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of either party is, at any time while this Agreement or any extension is in effect, an employee or agent of the other party, or a consultant to any other party with respect to the subject matter of this Agreement. 11. NON-DISCRIMINATION Both parties shall comply with Executive Orders 2009-09 and 2023-01, which mandate that all persons, regardless of race, color, religion, sex, age, national origin or political affiliation, shall have equal access to employment opportunities, and all other applicable state and Federal employment laws, rules, and regulations, including the Americans with Disabilities Act. Both parties shall take affirmative action to ensure that applicants for employment and employees are not discriminated against due to race, creed, color, religion, sex, national origin or disability. The parties shall comply with Executive Order 2023-09 prohibiting race - based hair discrimination. 12. COMPLIANCE REQUIREMENTS UNDER A.R.S. 41-4401—IMMIGRATION LAWS AND E-VERIFY REQUIREMENT A. Both parties warrant compliance with all federal immigration laws and regulations relating to employees and warrant compliance with A.R.S. § 23-214, Subsection A, which reads: After December 31, 2007, every employer, after hiring an employee, shall verify the employment eligibility of the employee through the E-Verify program." B. A breach of the warranty regarding compliance with immigration laws and regulations shall be deemed a material breach of the IGA and the other party may be subject to penalties up to and including termination of the Agreement. C. Both parties retain the legal right to audit the documentation of any employee working in relation to this IGA to ensure that the other party, or any contractor or subcontractor are in compliance with the warranty under paragraph 12(A). 13. APPLICABLE LAW This Agreement shall be construed in accordance the laws of the State of Arizona. 14. LEGAL OBLIGATIONS 9 Meeting Packet Page 59 of 338 This IGA does not relieve either party of any obligation or responsibility imposed upon it by law. 15. ARBITRATION The parties agree to resolve all disputes arising out of or relating to this Agreement through arbitration, after exhausting applicable administrative review, to the extent required by A.R.S. § 12-1518, except as may be required by other applicable statutes. 16. WAIVER AND MODIFICATION None of the provisions of the Agreement may be waived, changed or altered except in writing signed by both parties. 17. AVAILABILITY OF FUNDS Every payment obligation of the parties under this Agreement is conditioned upon the availability of funds allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the parties or any other agency of the State of Arizona at the end of the period for which funds are available. No legal liability on the part of the parties or any other agency of the State of Arizona for any payment may arise under this Agreement as long as funds are made available for performance of this Agreement. If the necessary funds are not made available, then that party shall provide written notice to the other party and may cancel this Agreement without further obligation. No liability shall accrue to either of the parties or any other agency of the State of Arizona in the event this provision is exercised, and neither the parties, nor any other agency of the State of Arizona shall be obligated or liable for any future payments or for any damages as a result of termination of this Agreement under this paragraph, including payments or damages for purchases or subcontracts entered into in anticipation of funding. 18. NOTICES All notices, claims, request, and demands under this IGA are to be in writing and served in person or via certified (return receipt requested) United States mail, postage prepaid, addressed as follows: If to the Superior Court: Superior Court in Maricopa County Jury Administrator 175 W. Madison St. Phoenix, AZ. 85003-2243 Attn: Jury Manager If to Municipal Court: Fountain Hills Municipal Court Attn: Court Administrator 16705 E Ave of the Fountains Fountain Hills, Arizona 85268 10 Meeting Packet Page 60 of 338 or at such other address as shall be indicated in writing by each party, through an amendment to this IGA. Service by certified mail will be deemed to occur on the postmark date borne by the return receipt. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURES FOLLOW 11 Meeting Packet Page 61 of 338 In witness whereof, the parties, hereto, have executed this IGA on the date written below: Honorable Joseph Welty DATE Honorable Robert Melton DATE Presiding Judge Chief Presiding Judge Superior Court of Arizona Fountain Hills Municipal Court in Maricopa County ATTEST: Fountain Hills Town Clerk DATE IN ACCORDANCE WITH A.R.S. § 11-952 THIS CONTRACT HAS BEEN REVIEWED BY THE UNDERSIGNED WHO HAVE DETERMINED THAT THIS CONTRACT IS IN APPROPRIATE FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED TO EACH RESPECTIVE PUBLIC BODY. ARIZONA ATTORNEY GENERAL'S OFFICE JULIE M. KRIEGH, CITY ATTORNEY By: By: Assistant Attorney General DATE Assistant Chief Counsel DATE 12 Meeting Packet Page 62 of 338 ITEM 8.b. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 4/21/2026 Meeting Type: Town Council Regular Meeting Submitting Department: Administration / Finance Prepared by: Paul Soldinger, Chief Financial Officer Staff Contact Information: Phone: 480-816-5160 Email: psoldinger@fountainhillsaz.gov Request to Town Council Regular Meeting (Agenda Language) CONSIDERATION AND POSSIBLE ACTION: Approving a request from Turf Paradise to operate Off-track Parimutuel Wagering (Off-Track Betting) at Parkview Tap House, located at 16828 E Parkview Ave, Fountain Hills, AZ 85268 Staff Summary (background) On March 27, 2026, the Town received a request from Skyfall 7, LLC dba Turf Paradise, to operate Off-track Parimutuel Wagering (otherwise known as Off-track betting) at Parkview Tap House, located at 16828 E. Parkview Ave in the Town of Fountain Hills. Turf Paradise provided a copy of its Teletrack Wagering Permit approved by the State of Arizona that is valid through May 31, 2028, and requested that the Town approve for Parkview Tap House to be able to offer Off-track betting at its business location through the same time period valid through May 31, 2028. Town staff requested feedback on this request from nearby Tribal Nations/Communities and received response letters from the Fort McDowell Yavapai Nation and the Salt River Pima- Maricopa Indian Community. These response letters are included in the agenda packet for the Council's consideration. The purpose of this agenda item is to obtain the Town Council's approval regarding the request for an Off-track Parimutuel Wagering License for Parkview Tap House, submitted by David Johnson, Agent for the business and Vice President of Turf Paradise. Arizona Revised Statutes require approval from a city or town before the Arizona Department of Gaming will approve an Off-track betting location, and therefore, the Council's approval will be forwarded to the Department. Staff reviewed the business and did not identify substantial compliance issues with Town Code requirements. Related Ordinance, Policy or Guiding Principle ARS §5-111(A) Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) N/A Suggested Motion Meeting Packet Page 63 of 338 MOVE TO approve Skyfall 7, LLC dba Turf Paradise, to operate Off-track Parimutuel Wagering (otherwise known as Off-track betting) at Parkview Tap House, located at 16828 E. Parkview Ave in the Town of Fountain Hills through May 31, 2028, and direct staff send appropriate notification to the Arizona Department of Gaming of the Council's approval. FISCAL IMPACT Fiscal Impact: N/A Budget Reference: N/A Funding Source: N/A ATTACHMENTS 1. Parkview Tap House - 2026 Town Request 2. OTB CONTRACT Parkview Taphouse - Skyfall 7 3. FMYN Response Comments to The Town of Fountain Hills 4.2026 4. SRPMIC gaming_fountainhills_otb_srpmic_harvier_ltr_04062026 signed Meeting Packet Page 64 of 338 March 27, 2026 Town of Fountain Hills To wn Clerk 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Attn: Bev Bender, Skyfall 7, LLC dba Turf Paradise is hereby requesting an Off-track Parimutuel Wagering license for Parkview Taphouse, located at 16828 E. Parkview Ave. # B & C, Fountain Hills, AZ. 85268. Skyfall 7, LLC dba Turf Paradise's Teletrack Wagering Permit, approved by the Arizona Department of Gaming/Racing Division on December 15, 2025, is valid through May 31, 2028. Therefore, we ask that the term of the license for Parkview Taphouse be valid until that date. A copy of the Teletrack Wagering Permit is attached. Applicant: David Johnson, Agent Parkview Taphouse 16828 E. Parkview Ave. # B & C Fountain Hills, AZ. 85268 Thank you for your attention to this matter. If you have any questions or concerns, please contact me at (602) 375-6431. David Johnson Vice President C: Jackie Johnson, Director of Arizona Department of Gaming Heidi McNeil Staudenmaier Turf Paradise Meeting Packet Page 65 of 338 Meeting Packet Page 66 of 338 Meeting Packet Page 67 of 338 Meeting Packet Page 68 of 338 Meeting Packet Page 69 of 338 Meeting Packet Page 70 of 338 Meeting Packet Page 71 of 338 Meeting Packet Page 72 of 338 Meeting Packet Page 73 of 338 Meeting Packet Page 74 of 338 Meeting Packet Page 75 of 338 Meeting Packet Page 76 of 338 Meeting Packet Page 77 of 338 Meeting Packet Page 78 of 338 Meeting Packet Page 79 of 338 Meeting Packet Page 80 of 338 Meeting Packet Page 81 of 338 Meeting Packet Page 82 of 338 Meeting Packet Page 83 of 338 Meeting Packet Page 84 of 338 Meeting Packet Page 85 of 338 Meeting Packet Page 86 of 338 Meeting Packet Page 87 of 338 Meeting Packet Page 88 of 338 Meeting Packet Page 89 of 338 ITEM 9.a. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 4/21/2026 Meeting Type: Town Council Regular Meeting Submitting Department: Development Services / Planning Prepared by: Paula Woodward, Executive Assistant Staff Contact Information: Phone: 480-816-5122 Email: pwoodward@fountainhillsaz.gov Request to Town Council Regular Meeting (Agenda Language) CONSIDERATION AND POSSIBLE ACTION: Approval of Council Subcommittee B’s recommendation to appoint two (2) members to the Planning & Zoning Commission for full three-year terms (May 1, 2026 – April 30, 2029). Staff Summary (background) The purpose of the Council Subcommittee (B) is to review applications, interview applicants (in Executive Session) and provide a recommendation to the Mayor for possible appointment to fill vacancies based upon the applicants' skills, experience, and background as required under Section 9.4. of the Council Rules of Procedure. Pursuant to Council Rules of Procedure, Section 9.2(A), a call for applications was issued in March 2026 to fill two vacancies on the Planning and Zoning Commission. The Town received six applications; however, only three applicants were available for interviews. In addition, two incumbent Commissioners—Nick Proctor and Scott Schlossberg — submitted requests for reappointment as their current terms are set to expire at the end of April 2026. In accordance with Council Rules of Procedure, Sections 9.2(F) and (G), Subcommittee B conducted an interview with the available applicants and interviewed the two incumbents that requested reappointment. At its meeting on March 31, 2026, Subcommittee B completed its review and provided recommendations to the Mayor. Related Ordinance, Policy or Guiding Principle Chapter 2A of the Town Code Council Rules of Procedure, Section 9.2 (A through G), Section 9.3 and Section 9.4 Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) Recommendations to the Mayor have been made by the Council Subcommittee B. Staff Recommendation(s) Staff recommends approval of the appointment of__________________ and ___________ to the Planning and Zoning Commission for full three-year terms commencing May 1, 2026, and expiring April 30, 2029, consistent with the recommendation of Council Subcommittee B. Meeting Packet Page 90 of 338 Suggested Motion I, Mayor Friedel, MOVE, approve the appointment of ______________, and ______________ to the Planning and Zoning Commission, each to serve a full three-year term commencing May 1, 2026, and expiring April 30, 2029. FISCAL IMPACT Fiscal Impact: N/A Budget Reference: N/A Funding Source: N/A ATTACHMENTS None Meeting Packet Page 91 of 338 ITEM 9.b. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 4/21/2026 Meeting Type: Town Council Regular Meeting Submitting Department: Community Services Prepared by: Stormy Mazeikis, Administrative Assistant Staff Contact Information: Phone: 480-816-5148 Email: smazeikis@fountainhillsaz.gov Request to Town Council Regular Meeting (Agenda Language) CONSIDERATION AND POSSIBLE ACTION: Approval of Council Subcommittee A's recommendation to reappoint a member to the Community Services Advisory Commission for full three-year terms (May 1, 2026 – April 30, 2029). Staff Summary (background) The purpose of Council Subcommittee (A) is to review applications, interview applicants (in Executive Session) and provide a recommendation to the Mayor for possible appointment to fill vacancies based upon the applicants' skills, experience, and background as required under Section 9.4. of the Council Rules of Procedure. Pursuant to Council Rules of Procedure, Section 9.2(A), a call for applications was issued in March 2026 to fill two vacancies on the Community Services Advisory Commission. Incumbent Commissioner Craig Ruldophy submitted a request for reappointment as the current term is set to expire at the end of April 2026. In accordance with Council Rules of Procedure, Sections 9.2(F) and (G), Subcommittee A conducted an interview with the available applicants and reviewed the reappointment requests submitted by the incumbent. At its meeting on March 24, 2026, Subcommittee A completed its review for appointments to the Community Services Advisory Commission for full three-year terms, commencing May 1, 2026, and ending April 30, 2029: Related Ordinance, Policy or Guiding Principle Chapter 2A of the Town Code Council Rules of Procedure, Section 9.2 (A through G), Section 9.3 and Section 9.4 Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) Recommendations to the Mayor have been made by the Council Subcommittee. Staff Recommendation(s) Staff recommends approval of the reappointment of ____________ to the Community Services Advisory Commission, to serve a full three-year term commencing May 1, 2026, and expiring April 30, 2029, consistent with the recommendation of Council Subcommittee A. Suggested Motion Meeting Packet Page 92 of 338 I, Mayor Friedel, MOVE, approve the reappointment of ____________, to the Community Services Advisory Commission, to serve a full three-year term commencing May 1, 2026, and expiring April 30, 2029. FISCAL IMPACT Fiscal Impact: N/A Budget Reference: N/A Funding Source: N/A ATTACHMENTS None Meeting Packet Page 93 of 338 ITEM 9.c. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 4/21/2026 Meeting Type: Town Council Regular Meeting Submitting Department: Administration Prepared by: Angela Espiritu, Executive Assistant/Deputy Town Clerk Staff Contact Information: Phone: 480-816-5107 Email: aespiritu@fountainhillsaz.gov Request to Town Council Regular Meeting (Agenda Language) CONSIDERATION AND POSSIBLE ACTION: Approval of Council Subcommittee A’s recommendation to appoint three (3) members to the Strategic Planning Advisory Commission for full three-year terms (May 1, 2026 – April 30, 2029). Staff Summary (background) The purpose of Council Subcommittee (A) is to review applications, interview applicants (in Executive Session) and provide a recommendation to the Mayor for possible appointment to fill vacancies based upon the applicants' skills, experience, and background as required under Section 9.4. of the Council Rules of Procedure. Pursuant to Council Rules of Procedure, Section 9.2(A), a call for applications was issued in March 2026 to fill three vacancies on the Strategic Planning Advisory Commission. The Town received two applications from Gregory Dupuis and Kevin Konczai; however, only one applicant was available for interview. In addition, three incumbent Commissioners—Geoff Yazzetta, Joseph Reyes, and Polly Bonnett—submitted requests for reappointment as their current terms are set to expire at the end of April 2026. In accordance with Council Rules of Procedure, Sections 9.2(F) and (G), Subcommittee A conducted an interview with the available applicant and reviewed the reappointment requests submitted by the incumbents. At its meeting on March 24, 2026, Subcommittee A completed its review for appointments to the Strategic Planning Advisory Commission for full three-year terms, commencing May 1, 2026, and ending April 30, 2029: Related Ordinance, Policy or Guiding Principle Chapter 2A of the Town Code Council Rules of Procedure, Section 9.2 (A through G), Section 9.3 and Section 9.4 Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) Recommendations to the Mayor have been made by the Council Subcommittee. Meeting Packet Page 94 of 338 Staff Recommendation(s) Staff recommends approval of the appointment of ____________, ______________, and ______________ to the Strategic Planning Advisory Commission, each to serve a full three- year term commencing May 1, 2026, and expiring April 30, 2029, consistent with the recommendation of Council Subcommittee A. Suggested Motion I, Mayor Friedel, MOVE to approve the appointment of ____________, ______________, and ______________ to the Strategic Planning Advisory Commission, each to serve a full three-year term commencing May 1, 2026, and expiring April 30, 2029. FISCAL IMPACT Fiscal Impact: N/A Budget Reference: N/A Funding Source: N/A ATTACHMENTS None Meeting Packet Page 95 of 338 ITEM 9.d. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 4/21/2026 Meeting Type: Town Council Regular Meeting Submitting Department: Development Services / Planning Prepared by: Farhad Tavassoli, Senior Planner Staff Contact Information: Phone: 480-816-5139 Email: ftavassoli@fountainhillsaz.gov Request to Town Council Regular Meeting (Agenda Language) PUBLIC HEARING, with CONSIDERATION AND POSSIBLE ACTION: Regarding the REZONE of approximately 20 acres located approximately 600-feet south of the southeast corner of Golden Eagle Blvd. and Nyack Drive (APN 176-21-181) from R1-35 (35,000 sq. ft. lot size minimum) to R1-10A (10,000 sq. ft. lot size minimum) to allow development of 25 single-family residential lots. Staff Summary (background) Background The applicant, Toll Brothers, Inc., requests approval to rezone approximately 19.35 acres from R1-35 (Single-Family Residential) to R1-10A (Single-Family Residential) to allow development of a single-story, for-sale residential subdivision totaling 25 lots. The rezoning would permit lot sizes and development standards consistent with the adjacent R1-10 subdivisions while preserving a significant natural wash located on the western portion of the property. In 2024, the Fountain Hills Unified School District (FHUSD) initiated a public process to evaluate and dispose of two underutilized properties, including the subject parcel. Voters approved the sale in November 2024. FHUSD subsequently selected Toll Brothers as the preferred buyer and entered escrow following required public notice and statutory review. Sale proceeds will be used to support FHUSD’s educational mission. The property has remained vacant and previously served as a potential school site. The applicant notes that a school use would generate significantly more daily traffic than the proposed residential development. A traffic trip comparison prepared for the applicant indicates approximately 310 fewer daily vehicle trips with the proposed single-family subdivision than with a charter elementary school. Existing Conditions The property is vacant and bordered by established single-family neighborhoods. A large natural wash, approximately 9 acres and nearly half of the site’s total area, traverses the western portion of the parcel. The wash functions as a drainage corridor and wildlife habitat. The applicant proposes to preserve the wash in its natural condition and dedicate an easement to protect its alignment. No homes will be constructed within the wash area. Existing Zoning The site is zoned R1-35 (Single-Family Residential). The applicant states that the Meeting Packet Page 96 of 338 existing zoning does not reflect the prevailing lot sizes in the area and does not allow a feasible or context-appropriate subdivision design given the natural wash and irregular buildable area. Proposed Zoning and Development Plan The applicant proposes to rezone the property to R1-10A to establish a residential subdivision that reflects the lot sizes and development patterns of the surrounding R1-10 neighborhoods while accommodating the site’s unique physical constraints. The R1-10A District provides the necessary flexibility to design lots around the substantial natural wash that traverses nearly half of the property and is planned to be preserved as open space. Under the proposed plan, all homes would be limited to a single story, despite the district permitting two-story construction, in order to protect existing views and maintain compatibility with nearby residences. It is important to note that the only substantive distinction between the R1-10A and R1-10 zoning designations is maximum lot coverage, with R1-10A allowing 40 percent coverage compared to the 30 percent permitted in R1-10, a difference that enables a more efficient and context-appropriate design for this constrained site. Typical lots would measure approximately 80 feet by 130 feet, with building envelopes of about 60 feet by 80 feet. The project includes the following R1-10A development standards, which the plan meets: • Front setback: 20 feet • Side setback: 7 feet • Street side setback: 20 feet • Rear setback: 20 feet • Maximum lot coverage: 40% • Minimum lot width: 80 feet Approximately 10 acres remain undisturbed, significantly reducing the developable land area. The resulting density is well below the maximum 4.35 du/ac allowed in the R1-10A district and comparable to the surrounding neighborhoods. The applicant initially submitted a proposal for 29 lots. Following multiple meetings with adjacent property owners, the applicant revised the plan to reduce the total number of lots to 25. The four removed lots were located in the northeast portion of the site, which is now designated as a 1.25 acre open space tract. This modification was formally presented at the Planning and Zoning Commission meeting on March 9, 2026. The attached applicant narrative reflects the original 29-lot proposal, and a separate attachment has been provided to depict the revised 25-lot plan. General Plan Conformance: The property is located within the Neighborhoods Character Area, which supports a range of single-family lot sizes and infill development. Staff finds the request consistent with the following General Plan goals and policies, as supported by the applicant’s narrative: Economic Development Element • Supports FHUSD through reuse of underutilized school district property. • Facilitates high-quality residential infill attractive to families and working professionals. Thriving Neighborhoods Element Meeting Packet Page 97 of 338 • Maintains compatibility with adjacent R1-10 neighborhoods through 1-story homes and appropriate setbacks. • Enhances neighborhood character and protects established views and privacy. • Provides safe, quality housing and connectivity to nearby services. Character Areas & Great Places • Utilizes an infill site with existing infrastructure. • Preserves natural washes as buffers and integrates the wash into site design as an amenity. Natural Resources / Open Space • Protects the natural wash as permanent open space, consistent with Town policy. Citizen Participation The applicant’s Citizen Participation Plan describes how Toll Brothers notified and engaged surrounding property owners, homeowners’ associations, and other interested parties regarding the proposed rezoning from R1-35 to R1-10A. Affected property owners within 300 feet, as well as agencies identified by Maricopa County, were sent mailed notice of a neighborhood meeting on January 20, 2026, during which the applicant presented the project and answered questions. Furthermore, the property was posted with a public notice sign on February 20. Both the neighborhood meeting and sign postings were done well prior to the minimum of 15 days required by the Town. The Citizen Participation Report describes the applicant’s outreach efforts for the proposed rezoning of the Aspen Drive property, including mailed notices to property owners within and slightly beyond the required 300-foot radius, distribution of materials to interested parties, and posting of two on-site signs as required by Town regulations. A neighborhood meeting was held on January 20, 2026, using an open-house format followed by a group Q&A session at residents’ request, with approximately 65 attendees participating. Throughout the process, the applicant and its representatives engaged in follow-up conversations with nearby residents (both before and after the meeting) to address questions related to density, subdivision design, traffic, drainage, wildlife, and view impacts, as well as to clarify commitments such as single-story homes and preservation of the on-site wash. Several residents expressed concerns about the proposed development, while others voiced support for aspects such as the project’s single-story design, wash preservation, and consistency with surrounding lot sizes. The report concludes that the applicant exceeded the Town’s participation requirements by providing additional outreach, follow-up meetings, and ongoing communication with both neighbors and Town staff. In the week leading up to the meeting, a resident submitted a petition containing 123 signatures protesting against the rezone request. Three additional respondents opposed the Toll Brothers proposal but indicated they were open to a rezoning. The Town also received six letters of support. At the Commission meeting, eight individuals submitted speaker cards in support of the rezone request, and seven submitted cards in opposition, although not all who completed speaker cards ultimately spoke. Under Section 2.01(F) of the Fountain Hills Zoning Ordinance, a rezoning request may require a super majority vote by the Town Council if certain protest conditions are met. When written protests are filed by the owners of 20 percent or more of the property (in number of lots and area) within the defined zoning area, which includes the subject site and all properties within 150 feet of its boundaries, the rezoning cannot be approved by a simple majority. Meeting Packet Page 98 of 338 Instead, the ordinance requires an affirmative vote of at least three fourths of all members of the Town Council for the rezoning to take effect. To be valid, written protests must be signed by the property owners. Based on a review of the petition and the locations of the property owners who signed it, the minimum threshold for requiring a super majority vote has not been met by the protests filed to date. Therefore, only a simple majority vote will be required for approval of the rezoning request. Analysis The proposed rezoning preserves the single-family residential use already permitted on the property while introducing lot sizes and architectural standards compatible with the surrounding neighborhood. The development approach reflects sensitivity to the site’s natural features by preserving the existing wash and designing the subdivision in a manner that respects environmental and topographical constraints. These preservation efforts necessarily concentrate the dwelling units on the eastern portion of the site while keeping the proposed gross density at approximately 1.29 du/acre. The preservation of the wash, combined with the applicant’s commitment to single-story homes, helps protect existing views and ensures a visually harmonious transition to adjacent residences. The project also offers needed housing options and generates fewer potential traffic impacts compared to the school district’s prior consideration of a new school on the site. Additionally, the redevelopment of former school district property supports broader community objectives by enabling reinvestment in local educational facilities, benefiting both the surrounding neighborhood and the Town as a whole. 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 10 (Single Family Residential Zoning Districts) General Plan 2020, Thriving Neighborhoods and Character Areas Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) At its regular meeting on March 9, 2026, the Planning and Zoning Commission recommended approval of the rezoning request, subject to the four stipulations listed under the suggested motion. The Commission also advised the applicant to coordinate with the Public Works Department to evaluate potential traffic and pedestrian safety improvements along Aspen Drive. Following further review and discussion, Public Works staff determined that installing a sidewalk along Aspen Drive would be the most appropriate and feasible measure. A copy of the email is attached. Staff Recommendation(s) Staff recommends APPROVAL of Case RZ25-000002, a request to rezone approximately 19.35 acres from R1-35 to R1-10A, subject to the following stipulations: 1. A note shall be included on the Final Plat limiting homes to one story. 2. A note shall be included on the Final Plat that would establish a non- developable area for (at minimum) the area defined by the regulatory floodplain and erosion setback limits. 3. The total number of residential lots shall be 25 lots as depicted on the development plan dated March 4, 2026. 4. A sidewalk shall be constructed along the east side of Aspen Drive, spanning Meeting Packet Page 99 of 338 the full length of the subject property’s frontage. Suggested Motion Move to APPROVE the REZONE of approximately 20 acres located approximately 600-feet south of the southeast corner of Golden Eagle Blvd. and Nyack Drive (APN 176-21-181) from R1-35 (35,000 sq. ft. lot size minimum) to R1-10A (10,000 sq. ft. lot size minimum) to allow development of 25 single-family residential lots, subject to the following conditions: 1. A note shall be included on the Final Plat limiting homes to one story. 2. A note shall be included on the Final Plat that would establish a non- developable area for (at minimum) the area defined by the regulatory floodplain and erosion setback limits. 3. The total number of residential lots shall be 25 lots as depicted on the development plan dated March 4, 2026. 4. A sidewalk shall be constructed along the east side of Aspen Drive, spanning the full length of the subject property’s frontage. FISCAL IMPACT Fiscal Impact: N/A Budget Reference: N/A Funding Source: N/A ATTACHMENTS 1. ORD 26-07 2. Vicinity Map 3. Applicant Narrative (Original 29-lot proposal) 4. Illustrative Plan (Original 29-lot proposal) 5. Illustrative Plan (Revised 25-lot proposal) 6. Citizen Participation Plan 7. Citizen Participation Report 8. Email From Town Engineer to Applicant Regarding Aspen Dr. 9. Letters of Support (6) 10. 2nd Packet - REZONE25-000002 11. 1st Packet - REZONE25-000002 Meeting Packet Page 100 of 338 ORDINANCE NO. 26-07 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 19.35 ACRES LOCATED APPROXIMATELY 600-FEET SOUTH OF THE SOUTHEAST CORNER OF GOLDEN EAGLE BLVD. AND NYACK DRIVE AS SHOWN IN CASE NO. RZ25-000002 FROM R1-35 (35,000 SQ. FT. LOT SIZE MINIMUM) TO R1-10A (10,000 SQ. FT. LOT SIZE MINIMUM) TO ALLOW DEVELOPMENT OF 25 SINGLE-FAMILY RESIDENTIAL LOTS. 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 19.35-acre parcel of real property from R1-35 to R1-10A (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 March 9, 2026 on the Zoning District Map Amendment; and WHEREAS, the Town Council held an additional public hearing regarding the Zoning District Map Amendment on April 21, 2026. 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 19.35-acre parcel of real property generally located approximately 600-feet south of the southeast corner of Golden Eagle Blvd. and Nyack Drive from R1-35 to R1-10A as shown in Case No. RZ-25-000002 from R1-35 (35,000 sq. ft. lot size minimum) to R1-10A (10,000 sq. ft. lot size minimum), subject to the following conditions: a.A note shall be included on the Final Plat limiting homes to one story. b.A note shall be included on the Final Plat that would establish a non-developable area for (at minimum) the area defined by the regulatory floodplain and erosion setback limits. c.The total number of residential lots shall be 25 lots as depicted on the development plan dated March 4, 2026. d.A sidewalk shall be constructed along the east side of Aspen Drive, spanning the full length of the subject property’s frontage. Meeting Packet Page 101 of 338 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, April 21, 2026. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: ________________________________ __________________________________ Gerry M. Friedel, Mayor Bevelyn Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: ________________________________ __________________________________ Rachael Goodwin, Town Manager Jennifer Wright, Town Attorney Meeting Packet Page 102 of 338 EXHIBIT A TO ORDINANCE No. 26-07 [Legal Description and Map] See following pages. Meeting Packet Page 103 of 338 LEGAL DESCRIPTION LOT 4, BLOCK 2, FOUNTAIN HILLS, ARIZONA, FINAL PLAT NO. 506-C, ACCORDING TO THE PLAT OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, IN BOOK 159 OF MAPS, PAGE 31. CONTAINING 842,886 SQ,FT. OR 19.35 ACRES MORE OR LESS. Meeting Packet Page 104 of 338 EXHIBIT B OFFICIAL SUPPLEMENTARY ZONING MAP AMENDING THE TOWN OF FOUNTAIN HILLS ZONING MAP Please be advised that the attached zoning amendments were approved by the Fountain Hills Town Council on April 21st, 2026, by Ordinance #. 26-07. If you have any questions regarding these amendments, please contact the Town of Fountain Hills Development Services Department at 480-816-5122. ATTEST: DATE: MAYOR TOWN CLERK ASPEN DR CASE: RZ25-000002 ACREAGE: 19.35 REQUEST: REZONE FROM R1-35 (MIN. 35,000 SQ. FT. LOTS) ZONING DISTRICT TO R1-10A (MIN. 10,000 SQ, FT. LOTS) ZONING DISTRICT . ORDINANCE: ORD 26-07 A ll that is A r i z o n a F O U N T A IN HI L L S T O WN OF I NC. 1989 N S E W Meeting Packet Page 105 of 338 Case Details Vicinity Map: RZ25-000002 MCDOWELL MOUNTAIN REGIONAL PARK I is C. N SC O T T S D A L E CASE: RZ25-000002 SITE / ADDRESS: LOCATED APPROXIMATELY 600-FEET SOUTH OF THE SOUTHEAST CORNER OF GOLDEN EAGLE BLVD. AND NYACK DRIVE REQUEST: REZONE OF APPROXIMATELY 20 ACRES (FROM R1-35 (35,000 SQ. FT. LOT SIZE MINIMUM) TO R1-10A (10,000 SQ. FT. LOT SIZE MINIMUM) TO ALLOW DEVELOPMENT OF 29 SINGLE-FAMILY RESIDENTIAL LOTS. Meeting Packet Page 106 of 338 11791.4.5382203.1 REZONING NARRATIVE 15680 NORTH ASPEN DRIVE 1st Submittal- November 24th, 2025 2nd Submittal- February 9th, 2026 Meeting Packet Page 107 of 338 11791.4.5382203.1 2 I. INTRODUCTION Gammage & Burnham, P.L.C. is pleased to represent Toll Brothers, Inc., the potential developer of approximately 19.35 net acres located approximately 600-feet south of the southwest corner of Golden Eagle Boulevard and Nyack Drive (i.e., 15680 North Aspen Drive; APN: 176-21-181) (the “Property”). The Property is vacant and outlined in yellow below. Toll Brothers, Inc., a Fortune 500 Company, is the nation's leading builder of luxury homes. The Company was founded 58 years ago in 1967 and became a public company in 1986. Its common stock is listed on the New York Stock Exchange under the symbol “TOL.” The Company serves first-time, move- up, empty-nester, active-adult, and second-home buyers, as well as urban and suburban renters. Toll Brothers builds in over 60 markets in 24 states: Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Indiana, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New York, North Carolina, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Virginia, and Washington, as well as in the District of Columbia. The Company operates its own architectural, engineering, mortgage, title, land development, smart home technology, and landscape subsidiaries. The Company also develops master-planned and golf course communities as well as operates its own lumber distribution, house component assembly, and manufacturing operations. Toll Brothers has been one of Fortune magazine’s World's Most Admired Companies ™ for 10+ years in a row, and in 2024 the Company’s Chairman and CEO Douglas C. Yearley, Jr. was named one of 25 Top CEOs by Barron’s magazine. Toll Brothers has also been named Builder of the Year by Builder magazine and is the first two-time recipient of Builder of the Year from Professional Builder magazine. Their Arizona division has earned national recognition, including the 2025 Master Plan Community of the Year award (Sereno Canyon). The proposed subdivision will reflect this legacy, offering thoughtfully designed, single-story homes that will be harmonious to the surrounding neighborhood and the desert landscape. This new community will not only uphold Toll Brothers’ tradition of excellence but also contribute meaningfully to the Town’s vision for sustainable, context-sensitive growth. Meeting Packet Page 108 of 338 11791.4.5382203.1 3 II. PURPOSE OF REQUEST In 2024, Fountain Hills Unified School District (“FHUSD”) initiated a public process to evaluate the future of two (2) underutilized, vacant properties. As part of this effort, the school district sought voter approval to sell both parcels, including the subject Property. The measure appeared on the November 2024 ballot and passed decisively, with 69% of voters supporting the sale. Following this community endorsement, Toll Brothers approached FHUSD with interest in acquiring both parcels. On May 7, 2025, the FHUSD Governing Board convened in executive session and unanimously selected Toll Brothers as the preferred buyer, a decision that reflects the builder’s outstanding reputation for delivering high-quality, context-sensitive residential communities within the Town of Fountain Hills and throughout the Valley. FHUSD entered escrow with Toll Brothers after completing public notice, school district staff analysis, and alignment with Arizona Revised Statutes governing the disposition of school district property. The sale enables FHUSD to reinvest proceeds back into its educational mission while supporting compatible residential development for the Town of Fountain Hills. Toll Brothers plans to develop the Property into a luxury, for-sale residential subdivision, creating a thoughtfully designed, single-story community that aligns with the surrounding neighborhood and the Town’s long-term planning goals. It is worth noting that if an elementary school or charter school was built then the existing neighborhood would experience greater traffic, queueing, parking, lighting, etc., which is typical for schools. However, based on a traffic trip analysis by Toll Brothers, the proposed single-family detached development is projected to generate 310 fewer trips daily compared to a comparable charter elementary school. The purpose of this request is to rezone from R1-35 (Single-Family Residential to R1-10A (Single-Family Residential). Toll Brothers plans to develop single-story homes within the subdivision. Rezoning to R1-10A will allow for a residential subdivision that seamlessly transitions with the existing homes and street network adjacent to the Property. III. EXISTING CONDITIONS The Property is currently vacant, bordered by established residential subdivisions and anchored by a large wash that spans over 9-acres, nearly half of the Property’s total area. This wash serves as both a functional drainage corridor and a wildlife habitat. Toll Brothers recognizes the importance of this wash not only for local wildlife and stormwater management, but also for the community’s enjoyment of the desert landscape and open space character. Meeting Packet Page 109 of 338 11791.4.5382203.1 4 In keeping with their commitment to environmentally sensitive development, Toll Brothers will not construct any homes within the wash. Instead, the wash will be preserved in its natural alignment as Toll Brothers intends to preserve this natural feature via an easement and maintain the wash alignment, as much as possible, for the Town of Fountain Hills. This approach ensures that the subdivision design respects the site’s natural constraints while contributing to the Town’s broader goals of open space preservation, wildlife connectivity, and neighborhood compatibility. IV. EXISTING ZONING As stated, the Property is currently zoned R1-35 (Single-Family Residential). The proposed rezoning from R1-35 to R1-10A does not introduce a new land use; rather, it seeks to match the existing lot sizes and development standards within the area to allow a more efficient design that is sensitive to both the environment and existing residences. The proposed rezoning will continue the single- family residential character already permitted on the Property, ensuring compatibility with existing homes to the east while thoughtfully integrating the natural wash and topography into the overall site layout. V. PROPOSED ZONING The requested rezoning from R1-35 to R1-10A is driven by both compatibility and practicality. Immediately adjacent to the Property is an existing R1-10 subdivision, and the proposed zoning will ensure a seamless transition and consistent neighborhood character. Toll Brothers proposes to develop the property with typical lot dimensions of approximately 80 feet x 130 feet, accommodating a building envelope of 60 feet x 80 feet. Toll Brothers is also proposing to limit the development to all 1-story homes as opposed to 2-story currently allowed. By limiting the community to 1-story homes, Toll Brothers is preserving the character of the area and protecting surrounding views. However, single-story construction typically requires slightly greater lot coverage to achieve a livable and efficient floor plan as well as storage space and covered patios customarily sought- after by homeowners. The R1-10A district provides the necessary flexibility to meet these design and livability objectives without compromising compatibility or visual quality. Meeting Packet Page 110 of 338 11791.4.5382203.1 5 Further supporting the appropriateness of the R1-10A zoning is the fact that approximately 9-acres of the Property, nearly half the Property, will remain undeveloped as an open-space, wash corridor. This substantial corridor preserves the existing wash, provides a natural buffer to surrounding neighborhoods, yet significantly reduces the developable area of the Property. The R1-10A district provides a 20-foot rear yard setback compared to 25 feet in R1-10 and permits 40 percent maximum lot coverage compared to 30 percent in R1-10. The irregular shape of the buildable area and practical lot constraints necessitate the flexibility of the R1-10A regarding lot layout and setbacks. This is particularly true along the wash and internal cul-de-sac areas. The proposed density is also well below 4.35 du/ac allowed in both R1-10 and R1-10A zoning districts. When viewing the surrounding R1-10 and R1-10A zoned neighborhoods in the area the proposed density is well within the range/compatible with those existing neighborhoods. Collectively, these factors demonstrate that the R1-10A zoning designation is the most logical and contextually sensitive approach for this uniquely shaped Property. It balances environmental preservation, neighborhood compatibility, and the practical realities of residential lotting/site design - resulting in a community that reflects the high standards and quality design associated with Toll Brothers and the Town of Fountain Hills. Below are the R1-10A development standards and our adherence to those standards. PROPOSED R1-10A DEVELOPMENT STANDARDS STANDARD REQUIRED PROVIDED Min. Yard Setbacks Front Side Street Side Rear 20’ 20’ 7’ 7’ 20’ 20’ 20’ 20’ Max. Lot Coverage 40% 40% Min. Lot Width Standard Lot 80’ 80’ VI. CONSISTENCY WITH THE GENERAL PLAN The Town of Fountain Hills General Plan designates the Property within the Neighborhoods Character Area, which supports residential development in a variety of lot sizes and configurations. The proposed R1-10A (i.e. minimum lot size 10,000 square feet) zoning is fully consistent with this designation. This section highlights the General Plan elements most applicable to the proposed rezoning and provides brief summaries demonstrating consistency. A. Economic Development Element Goal 3: Attract families and younger working professionals to Fountain Hills. Policy 1: Utilize planning and zoning tools and land use strategies to attract families and working professionals to Fountain Hills by: Meeting Packet Page 111 of 338 11791.4.5382203.1 6 a. Supporting residential development in the Adero Canyon and Eagles Nest areas, infill residential development in residential character areas throughout the Town, and in areas supporting urban densities or mixed use such as the Town Center and Shea Corridor character areas; Response: The proposed rezoning directly supports this goal by facilitating infill residential development within an existing Neighborhood Character Area. The Property is one of the few remaining undeveloped parcels within the Town’s existing limits and represents an opportunity to attract families through high-quality, single-story homes. Goal 5: Support strong public/private partnerships to strengthen the community, ensure long-term viability, and improve the Town’s quality of life. Policy 1: Continue to partner with the Fountain Hills Unified School District (FHUSD) to promote the education system by: c. Assisting FHUSD in exploring the sale/lease of underutilized properties. Response: This proposal implements this specific policy. The Property was one of FHUSD’s underutilized school sites, and its sale to Toll Brothers allows the District to reinvest proceeds back into educational facilities. The proposed residential community directly fulfills this General Plan objective by enabling that partnership. B. Thriving Neighborhoods Element Goal 1: Continue to develop and maintain thriving neighborhoods. Policy 1: Continue to support safe, tranquil, quality residential development that is properly maintained and provides vehicular, pedestrian and bicycle connectivity to parks, schools, and other neighborhood amenities and services and trail connectivity to quality open space. Policy 2: Protect existing neighborhoods from incompatible development that does not support the character of that area. Policy 5: Encourage development and redevelopment of housing and associated amenities within neighborhoods to attract families with children and young professionals. Response: The project continues the single-family residential pattern already permitted on the Property and consistent with surrounding R1-10 neighborhoods. The 1-story home design, internal street layout, and pedestrian connectivity all contribute to a safe, family-oriented neighborhood consistent with the Town’s goals. 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 1: Encourage a broad range of housing types affordable to all income ranges and age groups in a manner compatible with adjacent development. 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. Policy 3: Encourage home ownership and rental opportunities for families with children and working professionals by requiring the amenities and services valued by these groups. Meeting Packet Page 112 of 338 11791.4.5382203.1 7 Policy 4: Support quality residential development that meets Town housing needs, promotes the vitality of established neighborhoods, and enhances the quality of life of Fountain Hills. Response: The proposed development preserves the single-family character of the surrounding neighborhood, broadening the Town’s housing options without changing its identity. The design supports long-term vitality and provides high-quality homeownership opportunities in a desirable, established area. Goal 3: Maintain the quality of existing neighborhoods. Policy 1: Protect established single-family residential neighborhoods from the transition, intensification, and encroachment of uses that detract and/or change the character of the residential neighborhood. Response: The proposed rezoning maintains single-family residential use and introduces compatible lot sizes and architectural quality consistent with neighboring homes, ensuring seamless integration and protection of existing neighborhood character. C. Character Areas & Great Places Elements 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. Policy 6: Continue to prioritize development of infill areas in proximity to shopping, recreation, community services and existing infrastructure Policy 10: Continue to preserve open space and natural washes as buffers between and within zoning districts Policy 11: Continue to integrate natural areas into site design as an amenity. Response: The Property represents an ideal infill site with immediate access to established roads, utilities, and services. The design preserves the existing wash as a natural buffer and visual/wildlife corridor, meeting the General Plan’s guidance for environmentally responsive development. D. Natural Resources / Open Space Element 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 natural desert open spaces Response: The proposed plan preserves the western wash in its natural state aligning directly with these open space objectives. The proposed rezoning from R1-35 to R1-10A directly advances the Town of Fountain Hills’ General Plan by maintaining the Property’s existing single-family residential use with a context-sensitive design. It implements the Town’s stated goal of supporting the Fountain Hills Unified School District through the redevelopment of underutilized school property, allowing the school district to reinvest in its educational Meeting Packet Page 113 of 338 11791.4.5382203.1 8 mission. The project promotes thoughtful infill development that is compatible with surrounding neighborhoods, reinforcing the established residential character and ensuring a seamless transition in scale and design. By preserving the adjacent wash as permanent open space, the subdivision also aligns with the Town’s environmental priorities and open space preservation goals. The proposed 1-story home design further protects view corridors and complements the surrounding built environment. The project also supports the Town’s housing and economic goals by introducing high-quality, for-sale homes that meet market demand while enhancing neighborhood vitality. Ultimately, the proposed rezoning reflects a balanced approach to growth as it honors the Town’s planning vision while preserving natural features and enhancing neighborhood character. VII. CONCLUSION The proposed rezoning from R1-35 to R1-10A will allow Toll Brothers to transform a long-vacant school Property into a thoughtfully designed residential community that reflects both the Town’s planning vision and the builder’s legacy of excellence. The subdivision layout respects the site’s natural constraints, preserves over 9-acres of open space within the existing wash, and introduces single-story homes that complement the surrounding neighborhood in scale, character, and architectural quality. This request represents a strategic infill opportunity that advances multiple General Plan goals including the provision of quality housing, environmental stewardship, and the continued support of thriving neighborhoods. It enables Fountain Hills Unified School District to reinvest in its educational mission and allows Toll Brothers to provide a high-quality housing product that meets market demand and enhances neighborhood vitality. Toll Brothers’ proven track record with the Town of Fountain Hills, including the nearby Adero Canyon community, underscores their ability to deliver a lasting, context- sensitive development that contributes meaningfully to the Town’s long-term growth and livability. Overall, the proposed rezoning reflects a balanced and forward-looking land use strategy, one that transforms an underutilized property into a vibrant residential neighborhood, strengthens the Town’s housing portfolio, and reinforces its commitment to sustainable, community-oriented development. Meeting Packet Page 114 of 338 Meeting Packet Page 115 of 338 N A S P E N D R N E A G L E N E S T D R E G O L D E N E A G L E B V L D N Aspen Dr & E Wrangler Ct development plan 03.04.2026 SCALE: 1’=50’ 0 50 100 150 * 1 Foot Interval Contour PROPERTY BOUNDARY FEMA ZONE AE R1-10A LOT DATA TOTAL HOMES: 25 HOMES SINGLE-FAMILY RESIDENTIAL MIN. LOT SIZE: 10,400 SF R1-10A REQUIREMENTS MINIMUM YARD SETBACKS REQUIRED PROVIDED FRONT 20’20’ SIDE 7’10’ STREETSIDE 20’20’ REAR 20’20’ MAXIMUM LOT COVERAGE REQUIRED PROVIDED 40%40% 1 2 3 4 5 6 7 8 9 10 11 12 13 15 14 25 16 17 18 19 20 21 22 23 24 Open Space Natural Open Space Meeting Packet Page 116 of 338 ZONE CHANGE TOLL BROTHERS ASPEN AND WRANGLER CITIZEN PARTICIPATION PLAN Generally located South of the Southwest Corner of Golden Eagle Boulevard and Nyack Drive Request: Rezone from R1-35 to R1-10A Case No. ________ Original Submittal: November 25, 2025 Gammage & Burnham PLC / Ashley Z. Marsh & Dennis Newcombe amarsh@gblaw.com & dnewcombe@gblaw.com Meeting Packet Page 117 of 338 2 I. PROJECT DESCRIPTION PROJECT NAME: Aspen and Wrangler PROJECT REQUESTS: 1. Rezone from R1-35 (Single-Family Residential, minimum lot size 35,000 square feet) to R1-10A (Single-Family Residential, minimum lot size 10,000 square feet). GENERAL LOCATION: Approximately 600-feet south of the southwest corner of Golden Eagle Boulevard and Nyack Drive Toll Brothers (“Applicant”) seeks the Town’s permission to rezone the “Property” to allow for a single-story, single-family residential development. The Applicant will conduct citizen participation in the following manner and in accordance with the requirements enumerated in Section 2.08 of the Town’s Zoning Ordinance. II. PARTIES AFFECTED BY APPLICATION The following parties may be affected by the Application (“Affected Parties”): 1. Real property owners within 300 feet of the Property (See Exhibit A for Map and List) 2. Homeowners’ associations within 300 feet of the Property (if any) 3. Other potentially affected citizens or interested parties as provided by Maricopa County Planning Department (See Exhibit B for List) III. NOTIFICATION AND INFORMATION PROCEDURES Neighborhood Meeting We plan to host a neighborhood meeting virtually or in-person. A notice of the neighborhood meeting will be mailed within fifteen (15) calendar days of the meeting. The letter will provide a description of the Property, a general explanation of the proposal, contact information, and meeting details for interested parties to join. During the meeting, we will discuss the proposed application and allow any participants to ask questions regarding the proposed development. A summary of the meeting will be provided along with a list of attendees and questions that were posed. Notice of Public Hearings The Applicant is proposing to post the Property with one sign, and will be done so at least 15 days prior to the Planning & Zoning Commission meeting. The sign will remain in place Meeting Packet Page 118 of 338 3 for the entire application period. The signs will include a brief description of the Property, a general explanation of the Application, contact information for the Applicant’s legal representative, and contact information for the County Planner assigned to the case. The Applicant will submit photographs of the sign, a map illustrating the posting location, and an affidavit of posting. IV. RESPONSE PROCEDURES The Applicant’s legal representative will respond to and document all substantive inquiries regarding the Application in the Citizen Participation Report. V. SCHEDULE FOR COMPLETION Submit Formal Application Nov. 2025 Mail Notice of Application Dec. 2025 Neighborhood Meeting Jan. 2026 Complete Site Posting Feb. 2026 (Min. 15 days prior to P&Z Hearing) Submit Citizen Participation Results Report Mar. 2026 Planning and Zoning Commission Mar. 2026 Town Council Apr. 2026 VI. STATUS PROCEDURES Upon completion of the Citizen Review Process, a Citizen Participation Report will be submitted to the Maricopa County documenting correspondence, phone calls, meetings, etc. with the Affected Parties or other interested citizens. Meeting Packet Page 119 of 338 300’ Property Owner Buffer Meeting Packet Page 120 of 338 Parcel Number Owner Property Address Mailing Address MAIL_ADDR1 MAIL_CITY STATE ZIP 176-21-178 ARMOR TRUST/LEGACY TRUST 15864 N ASPEN DR FOUNTAIN HILLS 85268 15864 N ASPEN DR FOUNTAIN HILLS AZ USA 85268 15864 N ASPEN DR FOUNTAIN HILLS AZ 85268 176-21-179 GILSTRAP DEBRA/TILZER DAVID 15856 N ASPEN DR FOUNTAIN HILLS 85268 15856 N ASPEN DR FOUNTAIN HILLS AZ USA 85268 15856 N ASPEN DR FOUNTAIN HILLS AZ 85268 176-21-180 DAMORE RAE 15844 N ASPEN DR FOUNTAIN HILLS 85268 15844 N ASPEN DR FOUNTAIN HILLS AZ USA 85268 15844 N ASPEN DR FOUNTAIN HILLS AZ 85268 176-21-181 FOUNTAIN HILLS SCHOOL 15680 N ASPEN DR FOUNTAIN HILLS PO BOX 18049 FOUNTAIN HILLS AZ USA 85268 PO BOX 18049 FOUNTAIN HILLS AZ 85268 176-21-182 THOMAS-AGEE FAMILY TRUST 15644 N ASPEN DR FOUNTAIN HILLS 85268 15644 N ASPEN DR FOUNTAIN HILLS AZ USA 85268 15644 N ASPEN DR FOUNTAIN HILLS AZ 85268 176-21-183 CHRISTOPHER JOHN RACANA TRUST 15632 N ASPEN DR FOUNTAIN HILLS 85268 861 CAMINITO ESTRELLA CHULA VISTA CA USA 91910 861 CAMINITO ESTRELLA CHULA VISTA CA 91910 176-21-209 FOUNTAIN HILLS TOWN OF 16705 E AVENUE OF THE FOUNTAINS FOUNTAIN HILLS AZ USA 85268-3815 16705 E AVENUE OF THE FOUNTAINS FOUNTAIN HILLS AZ 85268-3815 176-21-210 FOUNTAIN HILLS TOWN OF 16705 E AVENUE OF THE FOUNTAINS FOUNTAIN HILLS AZ USA 85268-3815 16705 E AVENUE OF THE FOUNTAINS FOUNTAIN HILLS AZ 85268-3815 176-21-485 PAULSEN RANDY D JR 15147 E MAZATZAL CIR FOUNTAIN HILLS 85268 15147 E MAZATZAL CIR FOUNTAIN HILLS AZ USA 85268 15147 E MAZATZAL CIR FOUNTAIN HILLS AZ 85268 300' Property Owner List Meeting Packet Page 121 of 338 176-21-487 RYTAN MANAGEMENT INC 15633 N CERRO ALTO DR FOUNTAIN HILLS 15633 CERRO ALTO DR FOUNTAIN HILLS AZ USA 85268 15633 CERRO ALTO DR FOUNTAIN HILLS AZ 85268 176-21-488 CONLAN LAND DEVELOPMENT 15431 N CERRO ALTO DR 138 THE LN HINSDALE IL USA 60521 138 THE LN HINSDALE IL 60521 176-22-480 YARPEZESHKAN ASPEN DR VENTURES LLC 16004 N ASPEN DR FOUNTAIN HILLS 85268 8 RIVERSIDE DR CORNWALL ON HUDSON NY USA 12520 8 RIVERSIDE DR CORNWALL ON HUDSON NY 12520 176-22-481 SUSAN HIXSON FAMILY TRUST 15872 N ASPEN DR FOUNTAIN HILLS 85268 15872 N ASPEN DR FOUNTAIN HILLS AZ USA 85268 15872 N ASPEN DR FOUNTAIN HILLS AZ 85268 176-22-482 THOMAS W KECK REVOCABLE 15868 N ASPEN DR FOUNTAIN HILLS 85268 6938 ASHLAND RD AGENCY IA USA 52530 6938 ASHLAND RD AGENCY IA 52530 176-22-495 TRAMONTE IRREVOCABLE 15860 N NYACK DR FOUNTAIN HILLS 27 OAK RUN STONY BROOK NY USA 11790 27 OAK RUN STONY BROOK NY 11790 176-22-496 TUCKER CHRISTOPHER JOHN/BARBARA 15853 N ASPEN DR FOUNTAIN HILLS 85268 15853 N ASPEN DR FOUNTAIN HILLS AZ USA 85268 15853 N ASPEN DR FOUNTAIN HILLS AZ 85268 176-22-497 HUSKE DORIAN 15859 N ASPEN DR FOUNTAIN HILLS 85268 5618 W GUNNISON CHICAGO IL USA 60630 5618 W GUNNISON CHICAGO IL 60630 176-22-498 BONNETT JAMES F/LINDA J/POLLY R 15305 E WALNUT LN FOUNTAIN HILLS 85268 15305 E WALNUT LN FOUNTAIN HILLS AZ USA 85268 15305 E WALNUT LN FOUNTAIN HILLS AZ 85268 176-22-499 KORONA ALBERT M/PATRICIA A 15317 E WALNUT LN FOUNTAIN HILLS 85268 15317 E WALNUT LN FOUNTAIN HILLS AZ USA 85268 15317 E WALNUT LN FOUNTAIN HILLS AZ 85268 176-22-551 SMITH ROBERT F/WEEGMAN MARY L 15827 N EAGLE NEST DR FOUNTAIN HILLS 10622 COUNTY RD 77 SW NISSWA MN USA 56468 10622 COUNTY RD 77 SW NISSWA MN 56468 Meeting Packet Page 122 of 338 176-22-552 COFFEL JASON A/KIMBERLY S 15831 N EAGLE NEST DR FOUNTAIN HILLS 15831 N EAGLE NEST DR FOUNTAIN HILLS AZ USA 85268 15831 N EAGLE NEST DR FOUNTAIN HILLS AZ 85268 176-22-553 ALTON E BOSTWICK REVOCABLE 15835 N EAGLE NEST DR FOUNTAIN HILLS 15835 N EAGLE NEST DR FOUNTAIN HILLS AZ USA 85268 15835 N EAGLE NEST DR FOUNTAIN HILLS AZ 85268 176-22-554 PRESTENBACK KAYLA MARIE/CHATAG 15843 N ASPEN DR FOUNTAIN HILLS 85268 15843 N ASPEN DR FOUNTAIN HILLS AZ USA 85268 15843 N ASPEN DR FOUNTAIN HILLS AZ 85268 176-22-555 GRAHLMANN GREGORY/ASHL 15859 N NYACK DR FOUNTAIN HILLS PO BOX 10002 PRESCOTT AZ USA 86304 PO BOX 10002 PRESCOTT AZ 86304 176-22-556 MAHADEEN FAMILY 2025 16013 N NYACK DR FOUNTAIN HILLS 20 OAK LN VERONA NJ USA 07044 20 OAK LN VERONA NJ 7044 176-22-557 VERGETIS CHARLES L/SANDRA L 15836 N EAGLE NEST DR FOUNTAIN HILLS 15836 N EAGLE NEST DR FOUNTAIN HILLS AZ USA 85268 15836 N EAGLE NEST DR FOUNTAIN HILLS AZ 85268 176-22-558 LINCOLN BRETT W/BECKER ANN C 15830 N EAGLE NEST DR FOUNTAIN HILLS 15830 N EAGLE NEST DR FOUNTAIN HILLS AZ USA 85268 15830 N EAGLE NEST DR FOUNTAIN HILLS AZ 85268 176-22-559 WILSON MATTHEW L/SUSAN W 15824 N EAGLE NEST DR FOUNTAIN HILLS 15824 N EAGLE NEST DR FOUNTAIN HILLS AZ USA 85268 15824 N EAGLE NEST DR FOUNTAIN HILLS AZ 85268 176-22-560 RUBINO LAWRENCE C/LOIS M 15820 N EAGLE NEST DR FOUNTAIN HILLS 15820 N EAGLE NEST DR FOUNTAIN HILLS AZ USA 85268 15820 N EAGLE NEST DR FOUNTAIN HILLS AZ 85268 176-22-565 GARY K AND CHRISTINE I OLIVER LIVING 15656 N EAGLE NEST DR FOUNTAIN HILLS 15656 N EAGLE NEST DR FOUNTAIN HILLS AZ USA 85268 15656 N EAGLE NEST DR FOUNTAIN HILLS AZ 85268 176-22-566 COMBS FAMILY TRUST 15648 N EAGLE NEST DR FOUNTAIN HILLS 15648 N EAGLE NEST DR FOUNTAIN HILLS AZ USA 85268 15648 N EAGLE NEST DR FOUNTAIN HILLS AZ 85268 Meeting Packet Page 123 of 338 176-22-567 HOTTENSTEIN PAUL A/SHERRY E 15640 N EAGLE NEST DR FOUNTAIN HILLS 15640 N EAGLE NEST DR FOUNTAIN HILLS AZ USA 85268 15640 N EAGLE NEST DR FOUNTAIN HILLS AZ 85268 176-22-568 COMBS FAMILY TRUST 15645 N ASPEN DR FOUNTAIN HILLS 85268 15648 N EAGLES NEST DR FOUNTAIN HILLS AZ USA 85268 15648 N EAGLES NEST DR FOUNTAIN HILLS AZ 85268 176-22-569 BACKSTROM JAY/KAREN 15649 N ASPEN DR FOUNTAIN HILLS 85268 15649 N ASPEN DR FOUNTAIN HILLS AZ USA 85268 15649 N ASPEN DR FOUNTAIN HILLS AZ 85268 176-22-570 COOK PAMELA D/DAVID E 15659 N ASPEN DR FOUNTAIN HILLS 85268 15659 N ASPEN DR FOUNTAIN HILLS AZ USA 85268 15659 N ASPEN DR FOUNTAIN HILLS AZ 85268 176-22-571 IMMENGA REVOCABLE LIVING TRUST 15405 E ROUND UP CIR FOUNTAIN HILLS 85268 15405 E ROUND UP CIR FOUNTAIN HILLS AZ USA 85268 15405 E ROUND UP CIR FOUNTAIN HILLS AZ 85268 176-22-572 BARLETT STEPHEN 15413 E ROUND UP CIR FOUNTAIN HILLS 85268 15413 E ROUND UP CIR FOUNTAIN HILLS AZ USA 85268 15413 E ROUND UP CIR FOUNTAIN HILLS AZ 85268 176-22-573 SUSAN MORRIS REVOCABLE TRUST OF 2011 15412 E ROUND UP CIR FOUNTAIN HILLS 85268 15412 E ROUND UP CIR FOUNTAIN HILLS AZ USA 85268 15412 E ROUND UP CIR FOUNTAIN HILLS AZ 85268 176-22-574 LORVICK VICKY L/GARY 15404 E ROUND UP CIR FOUNTAIN HILLS 85268 15404 E ROUND UP CIR FOUNTAIN HILLS AZ USA 85268 15404 E ROUND UP CIR FOUNTAIN HILLS AZ 85268 176-22-575 CANZONERI PETER D/GRAZIELLA 15403 E WRANGLER CT FOUNTAIN HILLS 15403 E WRANGLER CT FOUNTAN HILLS AZ USA 85268 15403 E WRANGLER CT FOUNTAN HILLS AZ 85268 176-22-576 MURCHISON LIVING TRUST 15411 E WRANGLER CT FOUNTAIN HILLS 15411 E WRANGLER CT FOUNTAIN HILLS AZ USA 85268 15411 E WRANGLER CT FOUNTAIN HILLS AZ 85268 176-22-577 BECKER- LINCOLN REVOCABLE 15410 E WRANGLER CT FOUNTAIN HILLS 15830 N EAGLE NEST DR FOUNTAIN HILLS AZ USA 85268 15830 N EAGLE NEST DR FOUNTAIN HILLS AZ 85268 Meeting Packet Page 124 of 338 176-22-578 MCCARTY PATRICK MICHAEL/BREN 15402 E WRANGLER CT FOUNTAIN HILLS 15402 E WRANGLER CT FOUNTAIN HILLS AZ USA 85268 15402 E WRANGLER CT FOUNTAIN HILLS AZ 85268 JUST OUTSIDE OF 300' 176-22-561 WASSERSTROM SAM A/FABIELLI 15814 N EAGLE NEST DR FOUNTAIN 4022 N LAWLER CHICAGO IL USA 60641 176-22-562 MNS TRUST 15810 N EAGLE NEST DR FOUNTAIN 15810 N EAGLE NEST DR FOUNTAIN HILLS 85268 176-22-563 LYNETTE M PIACENZA 15806 N EAGLE NEST DR FOUNTAIN 15806 N EAGLE NEST DR FOUNTAIN HILLS 85268 176-22-564 CAMPBELL PHILIP 15802 N EAGLE NEST DR FOUNTAIN PO BOX 35 DILLON CO USA 80435 Meeting Packet Page 125 of 338 Name Address City Contact Email Phone State Suite ZIP Fort McDowell Yavapai Nation Erika McCalvin emccalvin@fmyn.org AZ Fort McDowell Yavapai Nation PO Box 17779 Fountain Hills Alfonso Rodriguez omoreno@fmyn.org AZ 85269 Assignments for County Planning and Future Growth Fountain Hills, Captain Larry Kratzer l_kratzer@mcso.maricopa .gov 602-526-4241 City of Scottsdale 7447 E Indian School Rd Ste 20 Scottsdale Erin Perreault eperreault@scottsdaleaz. gov AZ 85251 City of Scottsdale 7447 E Indian School Rd Ste 20 Scottsdale Adam Yaron ayaron@scottsdaleaz.gov AZ 85251 AZGFD Region 6 Bobby Lamoureux rlamoureux@azgfd.gov (480)-324-3547 District 2 Greg Harmon GregHarmon@msn.com District 2 Elizabeth Bradley azcakes@mac.com District 2 Jack Farmer jack@santolinafarm.com Maricopa County Parks and Recreation 41835 N Castle Hot Springs Rd Morristown maricopacountyparks@m aricopa.gov AZ 85342 Maricopa Association of Governments 302 N. 1st Avenue Phoenix Kurt Cotner kcotner@azmag.gov AZ 300 85003 Maricopa Association of Governments 302 N. 1st Avenue Phoenix P Burnett pburnett@azmag.gov AZ 300 85003 Arizona State Land Department Karen Dada pe@azland.gov MCSO 550 W Jackson St Phoenix Paul Chagolla p_chagolla@mcso.marico pa.gov 602-876-4479 AZ 85003 Arizona Fish & Game Department 9140 E. 28th St. pep@azgfd.gov 623.236.7222 Interested Parties List Meeting Packet Page 126 of 338 Air Quality Business Assistance AQBusinessAssistance@ maricopa.gov 602-506-5102 Arizona Public Service Steven Kadatz Steven.Kadatz@aps.com Requested per Pre-App Eagles Nest HOA www.eaglesnestliving.co m (602) 437-4777 Neighborhood Property Owners’ Association (480) 837-5317 Meeting Packet Page 127 of 338 11791.4.5395986.1 CITIZEN PARTICIPATION REPORT TOLL BROTHERS REZONING CASE NO. RZ25-000002 Vicinity Map Generally located south of the southwest corner of Golden Eagle Blvd. and Nyack Dr. Gammage & Burnham, PLC / Ashley Z. Marsh and Dennis Newcombe amarsh@gblaw.com & dnewcombe@gblaw.com Submitted: February 26, 2026 Meeting Packet Page 128 of 338 11791.4.5395986.1 2 1. Project Description The purpose of this Citizen Participation Report is to summarize how citizen participation was conducted for Toll Brothers regarding their rezoning application (RZ25-000002) on approximately 20 acres of land located 600-feet south of the southwest corner of Golden Eagle Boulevard and Nyack Drive (i.e., 15680 North Aspen Drive; APN 176-21-181) (the “Property”). Gammage & Burnham, P.L.C. filed with the Town of Fountain Hills Planning and Zoning Division the request to rezone the Property from R1-35 (Single-Family Residential) to R1-10A (Single-Family Residential) to allow for a 29-lot single-family subdivision. The Property became available for purchase following a Special Election held in November 2024. The ballot measure asked residents whether the Fountain Hills Unified School District (FHUSD) should be permitted to sell the land, with proceeds to be reinvested into the District. The measure was approved with approximately 69% voter support. Following voter approval, FHUSD unanimously selected Toll Brothers as the prospective builder and developer of the site. 2. Notified Parties The following parties were initially notified about the application: 1. Per Town requirements, all property owners located within 300 feet of the Property. 2. Four (4) additional property owners outside 300 feet of the Property where include for consistency. 3. Homeowners Associations within 300 feet of the Property. 4. Other citizens or interested parties as provided by Town Planning Staff were included. 5. Planning Staff. The notification letter, aerial map, site plan, map illustrating the notification area, and mailing list are attached to this plan as Exhibit A. 3. Notification and Information Procedures January 5, 2026, within thirty (30) days of filing the rezoning request and deemed administratively complete by the Fountain Hills Planning and Zoning Division, Gammage & Meeting Packet Page 129 of 338 11791.4.5395986.1 3 Burnham, P.L.C. mailed a notice of the application filed and of a neighborhood meeting via first class mail as noted in Section 2 above. The letter provided a general description of the rezoning request, a general explanation of the proposal, the neighborhood meeting details, the name and contact information for the Gammage & Burnham, P.L.C.’s representative, and included an aerial map and site plan. A neighborhood meeting was desired to meet with adjacent neighbors to answer any questions they may have in advance of formal public hearings. February 9, 2026- Fountain Hill’s Planning & Zoning Division submitted a legal ad in the Fountain Hills Times Independent for February 18 th and February 25th. The ad gave notice of the March 9th Planning and Zoning Commission and April 21st Town Council meetings. February 19, 2026- Town of Fountain Hills Planning and Zoning Division Staff completed the notification letter advising of the case going to Planning and Zoning Commission on March 9, 2026 and Town Council on April 21, 2026. In addition to the Section 2 above, the Town of Fountain Hills Planning and Zoning Division letter was sent to all attendees who provided their mailing address at the January 20, 2026 neighborhood meeting. February 20, 2026, the Property was posted with two signs (only 1 required) visible from the nearest public right-of-way locations. The posting included a brief description of the rezoning area, a general explanation of the proposal, and the name and contact information for Gammage & Burnham, P.L.C.’s representative. Photographs of the signs, a map illustrating posting sites, and an affidavit of the postings was sent to the Town of Fountain Hills Planning and Zoning Division Staff within 15-days of the March 9th Planning and Zoning Commission hearing. The affidavit sign posting is attached as Exhibit B. 4. Neighborhood Meeting Overview/Summary As stated, a neighborhood meeting was held on January 20, 2026, at the Fountain Hills Unified School District Learning Center. Representatives from the School Board, Gammage & Burnham, Toll Brothers and its engineering consultants were in attendance. The development team prepared several poster-sized exhibits to illustrate the proposal and encouraged review, mingling, and direct dialogue with the development team. The open house format was selected to provide flexibility for residents to attend at their convenience and to allow for more individualized conversations. This format gave neighbors the opportunity to ask questions specific to them and/or to share thoughtful feedback directly with members of the development team. During the meeting it was requested and agreed to by the development team that a more formal question & answer format be offered to the residents. Thus, a hybrid meeting option was provided where residents could ask questions with the development team representatives answering them to the group. Residents that wanted direct interaction with the exhibits and the development team representatives were allowed to continue . Meeting Packet Page 130 of 338 11791.4.5395986.1 4 The meeting went from 6:00 to 7:30 PM, the development team remained until approximately 8:00 PM to ensure all questions were asked and/or addressed, if possible, or contact information provided for future discussions. Approximately 65 residents attended. The sign-in sheet is included as Exhibit C. 5. Correspondence and Phone Calls January 9, 2026 – Ms. Ann Becker submitted correspondence to Gammage & Burnham, P.L.C. regarding the neighborhood notification letter and the proposed rezoning/development. Gammage & Burnham, P.L.C. responded via email, which led to a subsequent virtual meeting on February 19, 2026, (see below) and discussions continue to today. January 19, 2026 – Mr. Paul Hottenstein contacted Gammage & Burnham, P.L.C. by phone regarding the project. The call consisted of general questions and discussion about the proposal. February 10, 2026 – Ms. Tammy Bell spoke with Gammage & Burnham, P.L.C. regarding the development plan both at the neighborhood meeting and after. The discussion/correspondence included general inquiries related to the development plan and surrounding properties. A follow-up discussion was held to respond to her questions. February 19, 2026 – Representatives from Toll Brothers and Gammage & Burnham, P.L.C. met virtually with Ms. Ann Becker, Mr. David Tilzer, and Ms. Debra Gilstrap to discuss the proposed development and respond to questions. The meeting provided an opportunity for additional clarification and dialogue. In addition, the Gammage & Burnham, P.L.C. has been in regular communication with the immediately abutting neighbors throughout the process, including emails with Mr. Rae Meeting Packet Page 131 of 338 11791.4.5395986.1 5 D’Amore regarding updates and development related questions. Gammage & Burnham, P.L.C. has maintained communication with Town of Fountain Hills Planning and Zoning Division Staff from the initial submittal through the public hearing notice process in accordance with the Town’s Citizen Participation Guidelines. 6. Summary of Concerns, Issues, and Problems In addition to the meetings with nearby neighbors, the neighborhood meeting provided the opportunity to meet with residents and listen to their thoughts on the project. Below is a brief overview of the concerns and support received: Residents expressed concerns regarding the following:  The proposed density under R1-10A zoning compared to the existing R1-35 zoning  Subdivision design  Traffic volumes, vehicle speeds, roadway curves, and site access points  The perception of “tract-style” housing  Potential loss of views, particularly for properties directly adjacent to the site  Loss of open space and neighborhood connectivity  Drainage patterns and potential flooding impacts  Potential effects on wildlife movement and environmental resources  Utility infrastructure and service connections  Notification letter notice radius area too small (300-feet) Comments in support: Several attendees also expressed support, including:  Appreciation of the proposal of single-story homes to help preserve views.  Preservation of the open space (wash area)  Proposed lot sizes matching those along Aspen Drive Meeting Packet Page 132 of 338 11791.4.5395986.1 6  The residential density and lot sizes are consistent with surrounding neighborhood  Subdivision design and lot sizes exceeding the 10,000 square-foot minimum  The reputation of Toll Brothers and the quality of the proposed housing product.  New ‘for sale’ housing  The sale of school land and the benefit the sale would have for the school district  The applicant’s willingness to listen to and consider neighborhood feedback. 7. Next Steps After the neighborhood meeting, representatives from Toll Brothers and Gammage & Burnham, P.L.C. met with nearby residents virtually and/or in person to have continued conversations regarding the development. Topics included open space redesign, density, wash preservation, retaining wall functionality, landscape/mature tree salvage, and traffic mitigation devices. Below are answers to the concerns raised:  Confirmation that the intention is for single-story homes, not two-story homes, to protect views for existing neighbors  Confirmation that the wash will remain undisturbed and can be done via easement or dedication of the land to Fountain Hills  Promise to review if certain mature landscaping can maintain on site to act as visual buffer for adjacent neighbors to the north of the site  Promise to meet with Engineering Department to discuss potential traffic safety measures for Aspen Drive  Discuss coordination with Town on adjacent Town-owned property  Confirmation that preliminary Environmental Site Assessment studies have been completed.  Confirmation that grading and drainage and hydrology studies will be conducted according to Town requirements Meeting Packet Page 133 of 338 11791.4.5395986.1 7  Confirmation that lighting standards will follow Town requirements in respect of the Fountain Hills Dark Sky Association 8. Conclusion The Gammage and Burnham, P.L.C. has gone to extensive lengths to not only meet but exceed the requirements for the Citizen Participation Process.  Notification letters met Town requirements and sent in the appropriate timeframe  Notification letters were also sent to residents outside the minimum distance requirements  A neighborhood meeting was provided even though not required. The format of the meeting was updated to allow both an open house format and Q+A.  Gammage and Burnham, P.L.C. and the team has proactively met with residents after the neighborhood meeting to discuss the project and possible solutions  Gammage and Burnham, P.L.C. has been in phone and email communications with Planning staff providing summaries regarding outreach efforts  Exceeded Town requirements for posting of signs on property and completed affidavit of posting prior to public hearings Collectively, these efforts reflect a proactive and comprehensive approach to citizen participation that goes beyond what is required by the Town’s Zoning Ordinance. The applicant has made meaningful efforts to ensure neighbors were informed, heard, and given opportunities for continued dialogue. Meeting Packet Page 134 of 338 11791.4.5395986.1 8 EXHIBIT A Notification Letter Aerial Map Site Plan Property Owner Map Mailing List Meeting Packet Page 135 of 338 GAMMAGE & BURNHAM, PLC ATTORNEYS AT LAW 40 NORTH CENTRAL AVENUE 20TH FLOOR PHOENIX, ARIZONA 85004 TELEPHONE (602) 256-0566 FACSIMILE (602) 256-4475 ___________________ WRITER’S DIRECT LINE (602) 256-4443 January 5, 2026 NOTICE OF APPLICATION Dear Property Owner, Association, or Interested Party: The purpose of this letter is to inform you that on behalf of our client, Toll Brothers, Inc. (“Toll Brothers”), we have recently filed an application (RZ25-000002) to rezone an approximately 19 gross acre site located at 15680 North Aspen Drive (APN: 176-21-181) (the “Property”). (See attached “Property Aerial Map”). The rezoning request is to rezone from R1-35 (i.e., originally proposed school site) to R1-10A (residential zoning designation) for a proposed luxury single-family residential subdivision by Toll Brothers. As you may know, the Property is currently owned by Fountain Hills Unified School District (“FHUSD”). In 2024, FHUSD initiated a public process to evaluate the future of two underutilized, vacant properties and sought voter approval to sell them. The measure was approved by voters in November 2024. Following this approval, the FHUSD Governing Board unanimously selected Toll Brothers as the preferred homebuilder, reflecting Toll Brother’s strong track record of high-quality residential development in Fountain Hills and throughout the Valley. Toll Brothers proposes to develop approximately 8 acres of the Property as a 29-lot luxury, for-sale, single-story residential subdivision compatible with the surrounding neighborhood and consistent with the Town’s long-term planning goals. Notably, approximately 9 acres of the Property is encumbered by a wash that will remain undisturbed; meaning no homes will be constructed in the wash. The proposed rezoning allows for an award-winning home builder the ability to transform a long-vacant property once planned for a school into a thoughtfully designed luxury community. (See attached “Conceptual Site Plan”). Please accept this letter as an invitation to attend a Neighborhood Open House Meeting, where members of the development team will be available to discuss the rezoning proposal. The details of the Open House are as follows: NEIGHBORHOOD OPEN HOUSE MEETING January 20, 2026, 6:00 PM – 7:00 PM Fountain Hills Unified School District’s Learning Center 16000 East Palisades Boulevard, Fountain Hills Should you have any questions regarding Toll Brothers’ proposal, please do not hesitate to contact me. You may reach me at (602) 256-4443 or amarsh@gblaw.com. Sincerely, Ashley Z. Marsh, Esq. Gammage & Burnham, PLC Enclosures: Property Aerial Map; Conceptual Site Plan Meeting Packet Page 136 of 338 SITE Aerial Map Meeting Packet Page 137 of 338 Meeting Packet Page 138 of 338 300’ Property Owner Buffer Meeting Packet Page 139 of 338 Parcel Number Owner Property Address Mailing Address MAIL_ADDR1 MAIL_CITY STATE ZIP 176-21-178 ARMOR TRUST/LEGACY TRUST 15864 N ASPEN DR FOUNTAIN HILLS 85268 15864 N ASPEN DR FOUNTAIN HILLS AZ USA 85268 15864 N ASPEN DR FOUNTAIN HILLS AZ 85268 176-21-179 GILSTRAP DEBRA/TILZER DAVID 15856 N ASPEN DR FOUNTAIN HILLS 85268 15856 N ASPEN DR FOUNTAIN HILLS AZ USA 85268 15856 N ASPEN DR FOUNTAIN HILLS AZ 85268 176-21-180 DAMORE RAE 15844 N ASPEN DR FOUNTAIN HILLS 85268 15844 N ASPEN DR FOUNTAIN HILLS AZ USA 85268 15844 N ASPEN DR FOUNTAIN HILLS AZ 85268 176-21-181 FOUNTAIN HILLS SCHOOL 15680 N ASPEN DR FOUNTAIN HILLS PO BOX 18049 FOUNTAIN HILLS AZ USA 85268 PO BOX 18049 FOUNTAIN HILLS AZ 85268 176-21-182 THOMAS-AGEE FAMILY TRUST 15644 N ASPEN DR FOUNTAIN HILLS 85268 15644 N ASPEN DR FOUNTAIN HILLS AZ USA 85268 15644 N ASPEN DR FOUNTAIN HILLS AZ 85268 176-21-183 CHRISTOPHER JOHN RACANA TRUST 15632 N ASPEN DR FOUNTAIN HILLS 85268 861 CAMINITO ESTRELLA CHULA VISTA CA USA 91910 861 CAMINITO ESTRELLA CHULA VISTA CA 91910 176-21-209 FOUNTAIN HILLS TOWN OF 16705 E AVENUE OF THE FOUNTAINS FOUNTAIN HILLS AZ USA 85268-3815 16705 E AVENUE OF THE FOUNTAINS FOUNTAIN HILLS AZ 85268-3815 176-21-210 FOUNTAIN HILLS TOWN OF 16705 E AVENUE OF THE FOUNTAINS FOUNTAIN HILLS AZ USA 85268-3815 16705 E AVENUE OF THE FOUNTAINS FOUNTAIN HILLS AZ 85268-3815 176-21-485 PAULSEN RANDY D JR 15147 E MAZATZAL CIR FOUNTAIN HILLS 85268 15147 E MAZATZAL CIR FOUNTAIN HILLS AZ USA 85268 15147 E MAZATZAL CIR FOUNTAIN HILLS AZ 85268 300' Property Owner List Meeting Packet Page 140 of 338 176-21-487 RYTAN MANAGEMENT INC 15633 N CERRO ALTO DR FOUNTAIN HILLS 15633 CERRO ALTO DR FOUNTAIN HILLS AZ USA 85268 15633 CERRO ALTO DR FOUNTAIN HILLS AZ 85268 176-21-488 CONLAN LAND DEVELOPMENT 15431 N CERRO ALTO DR 138 THE LN HINSDALE IL USA 60521 138 THE LN HINSDALE IL 60521 176-22-480 YARPEZESHKAN ASPEN DR VENTURES LLC 16004 N ASPEN DR FOUNTAIN HILLS 85268 8 RIVERSIDE DR CORNWALL ON HUDSON NY USA 12520 8 RIVERSIDE DR CORNWALL ON HUDSON NY 12520 176-22-481 SUSAN HIXSON FAMILY TRUST 15872 N ASPEN DR FOUNTAIN HILLS 85268 15872 N ASPEN DR FOUNTAIN HILLS AZ USA 85268 15872 N ASPEN DR FOUNTAIN HILLS AZ 85268 176-22-482 THOMAS W KECK REVOCABLE 15868 N ASPEN DR FOUNTAIN HILLS 85268 6938 ASHLAND RD AGENCY IA USA 52530 6938 ASHLAND RD AGENCY IA 52530 176-22-495 TRAMONTE IRREVOCABLE 15860 N NYACK DR FOUNTAIN HILLS 27 OAK RUN STONY BROOK NY USA 11790 27 OAK RUN STONY BROOK NY 11790 176-22-496 TUCKER CHRISTOPHER JOHN/BARBARA 15853 N ASPEN DR FOUNTAIN HILLS 85268 15853 N ASPEN DR FOUNTAIN HILLS AZ USA 85268 15853 N ASPEN DR FOUNTAIN HILLS AZ 85268 176-22-497 HUSKE DORIAN 15859 N ASPEN DR FOUNTAIN HILLS 85268 5618 W GUNNISON CHICAGO IL USA 60630 5618 W GUNNISON CHICAGO IL 60630 176-22-498 BONNETT JAMES F/LINDA J/POLLY R 15305 E WALNUT LN FOUNTAIN HILLS 85268 15305 E WALNUT LN FOUNTAIN HILLS AZ USA 85268 15305 E WALNUT LN FOUNTAIN HILLS AZ 85268 176-22-499 KORONA ALBERT M/PATRICIA A 15317 E WALNUT LN FOUNTAIN HILLS 85268 15317 E WALNUT LN FOUNTAIN HILLS AZ USA 85268 15317 E WALNUT LN FOUNTAIN HILLS AZ 85268 176-22-551 SMITH ROBERT F/WEEGMAN MARY L 15827 N EAGLE NEST DR FOUNTAIN HILLS 10622 COUNTY RD 77 SW NISSWA MN USA 56468 10622 COUNTY RD 77 SW NISSWA MN 56468 Meeting Packet Page 141 of 338 176-22-552 COFFEL JASON A/KIMBERLY S 15831 N EAGLE NEST DR FOUNTAIN HILLS 15831 N EAGLE NEST DR FOUNTAIN HILLS AZ USA 85268 15831 N EAGLE NEST DR FOUNTAIN HILLS AZ 85268 176-22-553 ALTON E BOSTWICK REVOCABLE 15835 N EAGLE NEST DR FOUNTAIN HILLS 15835 N EAGLE NEST DR FOUNTAIN HILLS AZ USA 85268 15835 N EAGLE NEST DR FOUNTAIN HILLS AZ 85268 176-22-554 PRESTENBACK KAYLA MARIE/CHATAG 15843 N ASPEN DR FOUNTAIN HILLS 85268 15843 N ASPEN DR FOUNTAIN HILLS AZ USA 85268 15843 N ASPEN DR FOUNTAIN HILLS AZ 85268 176-22-555 GRAHLMANN GREGORY/ASHL 15859 N NYACK DR FOUNTAIN HILLS PO BOX 10002 PRESCOTT AZ USA 86304 PO BOX 10002 PRESCOTT AZ 86304 176-22-556 MAHADEEN FAMILY 2025 16013 N NYACK DR FOUNTAIN HILLS 20 OAK LN VERONA NJ USA 07044 20 OAK LN VERONA NJ 7044 176-22-557 VERGETIS CHARLES L/SANDRA L 15836 N EAGLE NEST DR FOUNTAIN HILLS 15836 N EAGLE NEST DR FOUNTAIN HILLS AZ USA 85268 15836 N EAGLE NEST DR FOUNTAIN HILLS AZ 85268 176-22-558 LINCOLN BRETT W/BECKER ANN C 15830 N EAGLE NEST DR FOUNTAIN HILLS 15830 N EAGLE NEST DR FOUNTAIN HILLS AZ USA 85268 15830 N EAGLE NEST DR FOUNTAIN HILLS AZ 85268 176-22-559 WILSON MATTHEW L/SUSAN W 15824 N EAGLE NEST DR FOUNTAIN HILLS 15824 N EAGLE NEST DR FOUNTAIN HILLS AZ USA 85268 15824 N EAGLE NEST DR FOUNTAIN HILLS AZ 85268 176-22-560 RUBINO LAWRENCE C/LOIS M 15820 N EAGLE NEST DR FOUNTAIN HILLS 15820 N EAGLE NEST DR FOUNTAIN HILLS AZ USA 85268 15820 N EAGLE NEST DR FOUNTAIN HILLS AZ 85268 176-22-565 GARY K AND CHRISTINE I OLIVER LIVING 15656 N EAGLE NEST DR FOUNTAIN HILLS 15656 N EAGLE NEST DR FOUNTAIN HILLS AZ USA 85268 15656 N EAGLE NEST DR FOUNTAIN HILLS AZ 85268 176-22-566 COMBS FAMILY TRUST 15648 N EAGLE NEST DR FOUNTAIN HILLS 15648 N EAGLE NEST DR FOUNTAIN HILLS AZ USA 85268 15648 N EAGLE NEST DR FOUNTAIN HILLS AZ 85268 Meeting Packet Page 142 of 338 176-22-567 HOTTENSTEIN PAUL A/SHERRY E 15640 N EAGLE NEST DR FOUNTAIN HILLS 15640 N EAGLE NEST DR FOUNTAIN HILLS AZ USA 85268 15640 N EAGLE NEST DR FOUNTAIN HILLS AZ 85268 176-22-568 COMBS FAMILY TRUST 15645 N ASPEN DR FOUNTAIN HILLS 85268 15648 N EAGLES NEST DR FOUNTAIN HILLS AZ USA 85268 15648 N EAGLES NEST DR FOUNTAIN HILLS AZ 85268 176-22-569 BACKSTROM JAY/KAREN 15649 N ASPEN DR FOUNTAIN HILLS 85268 15649 N ASPEN DR FOUNTAIN HILLS AZ USA 85268 15649 N ASPEN DR FOUNTAIN HILLS AZ 85268 176-22-570 COOK PAMELA D/DAVID E 15659 N ASPEN DR FOUNTAIN HILLS 85268 15659 N ASPEN DR FOUNTAIN HILLS AZ USA 85268 15659 N ASPEN DR FOUNTAIN HILLS AZ 85268 176-22-571 IMMENGA REVOCABLE LIVING TRUST 15405 E ROUND UP CIR FOUNTAIN HILLS 85268 15405 E ROUND UP CIR FOUNTAIN HILLS AZ USA 85268 15405 E ROUND UP CIR FOUNTAIN HILLS AZ 85268 176-22-572 BARLETT STEPHEN 15413 E ROUND UP CIR FOUNTAIN HILLS 85268 15413 E ROUND UP CIR FOUNTAIN HILLS AZ USA 85268 15413 E ROUND UP CIR FOUNTAIN HILLS AZ 85268 176-22-573 SUSAN MORRIS REVOCABLE TRUST OF 2011 15412 E ROUND UP CIR FOUNTAIN HILLS 85268 15412 E ROUND UP CIR FOUNTAIN HILLS AZ USA 85268 15412 E ROUND UP CIR FOUNTAIN HILLS AZ 85268 176-22-574 LORVICK VICKY L/GARY 15404 E ROUND UP CIR FOUNTAIN HILLS 85268 15404 E ROUND UP CIR FOUNTAIN HILLS AZ USA 85268 15404 E ROUND UP CIR FOUNTAIN HILLS AZ 85268 176-22-575 CANZONERI PETER D/GRAZIELLA 15403 E WRANGLER CT FOUNTAIN HILLS 15403 E WRANGLER CT FOUNTAN HILLS AZ USA 85268 15403 E WRANGLER CT FOUNTAN HILLS AZ 85268 176-22-576 MURCHISON LIVING TRUST 15411 E WRANGLER CT FOUNTAIN HILLS 15411 E WRANGLER CT FOUNTAIN HILLS AZ USA 85268 15411 E WRANGLER CT FOUNTAIN HILLS AZ 85268 176-22-577 BECKER- LINCOLN REVOCABLE 15410 E WRANGLER CT FOUNTAIN HILLS 15830 N EAGLE NEST DR FOUNTAIN HILLS AZ USA 85268 15830 N EAGLE NEST DR FOUNTAIN HILLS AZ 85268 Meeting Packet Page 143 of 338 176-22-578 MCCARTY PATRICK MICHAEL/BREN 15402 E WRANGLER CT FOUNTAIN HILLS 15402 E WRANGLER CT FOUNTAIN HILLS AZ USA 85268 15402 E WRANGLER CT FOUNTAIN HILLS AZ 85268 JUST OUTSIDE OF 300' 176-22-561 WASSERSTROM SAM A/FABIELLI 15814 N EAGLE NEST DR FOUNTAIN 4022 N LAWLER CHICAGO IL USA 60641 176-22-562 MNS TRUST 15810 N EAGLE NEST DR FOUNTAIN 15810 N EAGLE NEST DR FOUNTAIN HILLS 85268 176-22-563 LYNETTE M PIACENZA 15806 N EAGLE NEST DR FOUNTAIN 15806 N EAGLE NEST DR FOUNTAIN HILLS 85268 176-22-564 CAMPBELL PHILIP 15802 N EAGLE NEST DR FOUNTAIN PO BOX 35 DILLON CO USA 80435 Meeting Packet Page 144 of 338 Name Address City Contact Email Phone State Suite ZIP Fort McDowell Yavapai Nation Erika McCalvin emccalvin@fmyn.org AZ Fort McDowell Yavapai Nation PO Box 17779 Fountain Hills Alfonso Rodriguez omoreno@fmyn.org AZ 85269 Assignments for County Planning and Future Growth Fountain Hills, Captain Larry Kratzer l_kratzer@mcso.maricopa .gov 602-526-4241 City of Scottsdale 7447 E Indian School Rd Ste 20 Scottsdale Erin Perreault eperreault@scottsdaleaz. gov AZ 85251 City of Scottsdale 7447 E Indian School Rd Ste 20 Scottsdale Adam Yaron ayaron@scottsdaleaz.gov AZ 85251 AZGFD Region 6 Bobby Lamoureux rlamoureux@azgfd.gov (480)-324-3547 District 2 Greg Harmon GregHarmon@msn.com District 2 Elizabeth Bradley azcakes@mac.com District 2 Jack Farmer jack@santolinafarm.com Maricopa County Parks and Recreation 41835 N Castle Hot Springs Rd Morristown maricopacountyparks@m aricopa.gov AZ 85342 Maricopa Association of Governments 302 N. 1st Avenue Phoenix Kurt Cotner kcotner@azmag.gov AZ 300 85003 Maricopa Association of Governments 302 N. 1st Avenue Phoenix P Burnett pburnett@azmag.gov AZ 300 85003 Arizona State Land Department Karen Dada pe@azland.gov MCSO 550 W Jackson St Phoenix Paul Chagolla p_chagolla@mcso.marico pa.gov 602-876-4479 AZ 85003 Arizona Fish & Game Department 9140 E. 28th St. pep@azgfd.gov 623.236.7222 Meeting Packet Page 145 of 338 Air Quality Business Assistance AQBusinessAssistance@ maricopa.gov 602-506-5102 Arizona Public Service Steven Kadatz Steven.Kadatz@aps.com Requested per Pre-App Eagles Nest HOA www.eaglesnestliving.co m (602) 437-4777 Neighborhood Property Owners’ Association (480) 837-5317 Meeting Packet Page 146 of 338 Meeting Packet Page 147 of 338 11791.4.5395986.1 9 Exhibit B Sign Posting Notification Meeting Packet Page 148 of 338 Notarized Affidavit of Posting Application No.: _________________________ Applicant Name: _________________________ Location: _________________________ ___________________________________ ____________________ Applicant/Representative Signature Date This instrument was acknowledged before me on this day of , 20 , by ___________________________________. In witness whereof, I hereunto set my hand and official seal. ________________________________________ Notary Public My commission expires: ____________________ I confirm that the site has been posted as required not less than fifteen calendar days prior to the Fountain Hills Planning and Zoning Commission meeting for the case noted above. A picture or pictures of the site posting(s) are included with this affidavit. Meeting Packet Page 149 of 338 Meeting Packet Page 150 of 338 Meeting Packet Page 151 of 338 11791.4.5395986.1 10 Exhibit C Neighborhood Sign-in Sheet Meeting Packet Page 152 of 338 Meeting Packet Page 153 of 338 Meeting Packet Page 154 of 338 Meeting Packet Page 155 of 338 Meeting Packet Page 156 of 338 Meeting Packet Page 157 of 338 Meeting Packet Page 158 of 338 Meeting Packet Page 159 of 338 Meeting Packet Page 160 of 338 Meeting Packet Page 161 of 338 Dear Town of Fountain Hills O3icials: As a resident of Fountain Hills, I am writing to support Toll Brother’s proposed single-family rezoning at 15680 N. Aspen Drive (RZ25-000002). The Town approved the sale of this land so the Fountain Hills Unified School District could receive funding to support our schools. Allowing this project to move forward helps honor that decision and supports our local teachers and students. I’ve seen the homes in Adero that Toll Brothers have built, and they are well done and I know many of us would love to live in them one day. I’ve seen the site plan and I believe their project fits with the surrounding homes and the character of the area. I also appreciate that the wash will remain untouched, protecting open space and wildlife. For these reasons, I respectfully ask you to approve the rezoning request. Thank you for your consideration. Printed Name _______________________________________________________________ Signature___________________________________________________________________ Address____________________________________________________________________ Date_______________________________________________________________________ Courtney Argenti 16559 e fayette drive, fountain hills, AZ, 85268 12/15/2026 Meeting Packet Page 162 of 338 Meeting Packet Page 163 of 338 Meeting Packet Page 164 of 338 Meeting Packet Page 165 of 338 Dear Town of Fountain Hills O3icials: As a resident of Fountain Hills, I am writing to support Toll Brother’s proposed single-family rezoning at 15680 N. Aspen Drive (RZ25-000002). The Town approved the sale of this land so the Fountain Hills Unified School District could receive funding to support our schools. Allowing this project to move forward helps honor that decision and supports our local teachers and students. I’ve seen the homes in Adero that Toll Brothers have built, and they are well done and I know many of us would love to live in them one day. I’ve seen the site plan and I believe their project fits with the surrounding homes and the character of the area. I also appreciate that the wash will remain untouched, protecting open space and wildlife. For these reasons, I respectfully ask you to approve the rezoning request. Thank you for your consideration. Printed Name _______________________________________________________________ Signature___________________________________________________________________ Address____________________________________________________________________ Date_______________________________________________________________________ Kimberly Argenti 16559 E Fayette Drive, Fountain Hills, AZ 85268 February 14, 2026 Meeting Packet Page 166 of 338 Meeting Packet Page 167 of 338 Last Name First Name Number Address City State Zip Phone Notes 1 Becker AnnC 15410 Wrangler Ct Fountain Hills Arizona 85268 602-320-4517 2 Becker Ann C 15830 N Eagles Nest Dr Fountain Hills Arizona 85268 602-320-4517 3 Bostwick Alton 15835 N Eagle Nest Dr Fountain Hills Arizona 85268 480-215-6126 4 Cagala Robert M 15473 E Golden Eagle Blvd Fountain Hills Arizona 85268 602-312-7475 5 Cagle David 16230 N Aspen Dr Fountain Hills Arizona 85268 928-242-9871 6 Capozzi Catherine M 15329 E Walnut Ln Fountain Hills Arizona 85268 928-750-2278 7 Cappelli Eliane 15579 E Golden Eagle Blvd Fountain Hills Arizona 85268 831-920-8255 8 Chatagnier Eric 15843 N Aspen Dr Fountain Hills Arizona 85268 985-212-4259 9 Cochran Gregory R 16020 N Nyack Dr Fountain Hills Arizona 85268 541-521-1438 10 Cochran Tamie 16020 N Nyack Dr Fountain Hills Arizona 85268 541-521-1438 11 Cook Pamela 15659 N Aspen Dr Fountain Hills Arizona 85268 203-907-8252 12 Davis Susan H 16624 N Aspen Dr Fountain Hills Arizona 85268 832-517-3606 13 Dilweg Rory 16248 N Aspen Dr Fountain Hills Arizona 85268 310-386-7071 14 Erickson Kris 15316 Quick Draw Pl Fountain Hills Arizona 85268 480-646-7994 15 Erickson Sylivia 15316 Quick Draw Pl Fountain Hills. Arizona 85268 480-646-7994 16 Evans Julie 13421 N CliffTop Dr Fountain Hills Arizona 85268 804-441-1068 17 Fredrickson Susan 14407 N El Pueblo Blvd Fountain Hills Arizona 85268 480-200-7552 18 Gilbert Catherine 16417 N Aspen Dr Fountain Hills Arizona 85268 480-540-9025 19 Gilbertstadt Terryl 15403 E Golden Eagle Blvd Fountain Hills Arizona 85268 612-723-8412 20 Haughey Claire 16425 N Aspen Dr Fountain Hills Arizona 85268 480-375-1860 21 Hills Teri K 15649 N Eagle Nest Dr Fountain Hills Arizona 85268 480-529-1621 22 Hixson Susan L 15872 N Aspen Dr Fountain Hills Arizona 85268 602-463-9567 23 Holland Gary 15404 E Round Up Cir Fountain Hills Arizona 85268 406-595-5700 24 lmmenga Dianne 15405 E Round Up Cir Fountain Hills Arizona 85268 480-836-1235 25 Jones Reid 15315 E Quick Draw Pl Fountain Hills Arizona 85268 480-703-9554 26 Kangas RobertAtri 16256 N Aspen Dr Fountain Hills Arizona 85268 602-538-3939 27 Kelleher Anna Lisa 16026, N Aspen Dr Fountain Hills Arizona 85268 480-255-9879 28 Kerulis Larry 15656 N Eagle Nest Dr Fountain Hills Arizona 85268 84 7-308-1309 29 Korona Patricia 15317 EWalnutLn Fountain Hills Arizona 85268 480-586-5603 ON 1ST LIST 30 Larsen Adrienne 15318 E Walnut Ln Fountain Hills Arizona 85268 480-907-4104 31 Maglio Graziella 15403 E Wrangler Ct Fountain Hills Arizona 85268 480-547-0531 ON 1ST LIST ON 1st LIST Meeting Packet Page 168 of 338 Meeting Packet Page 169 of 338 Meeting Packet Page 170 of 338 Meeting Packet Page 171 of 338 Meeting Packet Page 172 of 338 Meeting Packet Page 173 of 338 Meeting Packet Page 174 of 338 Meeting Packet Page 175 of 338 Meeting Packet Page 176 of 338 Meeting Packet Page 177 of 338 Meeting Packet Page 178 of 338 Meeting Packet Page 179 of 338 Meeting Packet Page 180 of 338 Meeting Packet Page 181 of 338 Meeting Packet Page 182 of 338 Meeting Packet Page 183 of 338 Meeting Packet Page 184 of 338 Meeting Packet Page 185 of 338 Meeting Packet Page 186 of 338 Meeting Packet Page 187 of 338 Meeting Packet Page 188 of 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of 338 Meeting Packet Page 318 of 338 Meeting Packet Page 319 of 338 Meeting Packet Page 320 of 338 Meeting Packet Page 321 of 338 Meeting Packet Page 322 of 338 Meeting Packet Page 323 of 338 ITEM 9.e. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 4/21/2026 Meeting Type: Town Council Regular Meeting Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: Phone: 480-816-5138 Email: jwesley@fountainhillsaz.gov Request to Town Council Regular Meeting (Agenda Language) PUBLIC HEARING, with CONSIDERATION AND POSSIBLE ACTION: Relating to Ordinance 26-02, amending Zoning Ordinance Chapter 27, Downtown Overlay, Section 27.02 A. regarding permitted density for residential development. Staff Summary (background) At the September 4, 2024, Town Council meeting, the Council adopted Resolution 2024-28 Approving the Downtown Strategy. This strategy was developed as part of the Council- directed staff effort to implement the 2023 Community Economic Development Strategy and was the culmination of a year's worth of public input. Staff held six focus group meetings with residents and businesses, conducted four electronic surveys and a public open house. Based on the feedback received, the Downtown Strategy focuses on four focus areas: • Land Use • Infrastructure • Economic Vitality • Public Spaces/Placemaking Following Council adoption of the Downtown Strategy, staff began actively taking steps to implement the strategy approved by the Council. Design work has commenced on the infrastructure and construction will begin later this year. Placemaking elements such as the utility box murals have expanded and attracted positive comments. Staff are working with a number of property owners and developers considering projects in the downtown. One of the approved implementation steps was to review the existing zoning for the downtown area and recommend modifications to achieve the goals and recommendations contained in the strategy. Based on this review, staff drafted, the Planning and Zoning Commission reviewed and recommended, and Council adopted Ordinance 25-02, Downtown Overlay District. This new overlay district was approved to replace the two existing overlay districts in the downtown area and put the tools in place to achieve the desired mix of uses for the downtown area. To achieve the goals of the Council's adopted Strategy, the new downtown overlay district includes: • Provisions that direct active retail and entertainment uses to The Avenue; • Maintains the primary non-residential focus of this commercial area; Meeting Packet Page 324 of 338 • Removes a roadblock to development by reducing the requirement for Special Use Permits for low-density residential development; • Expands the uses allowed in the Innovation District to encourage employment uses; and, • Provides for temporary uses of vacant properties. Following adoption of the new overlay district, staff initiated the process of rezoning the downtown area to remove the existing overlays and apply the new overlay district. This rezoning action was recommended for approval by the Planning and Zoning Commission at their regular meeting on November 10, 2025. The Town Council held a public hearing on December 18, 2025, for the rezoning. At that meeting, a few residents expressed concern about the provision overlay district that allows up to 35 dwelling units per acre by right on the upper floors of buildings in the Avenue and Business Districts. Based on those concerns, the Council requested that the Planning and Zoning Commission review the ordinance and consider possibly lowering this density. Over the years, staff have had multiple discussions with downtown property owners and individuals interested in developing in the downtown area. Most of those discussions have involved the desire for mixed-use buildings to make the projects financially viable. The property owners and developers staff have talked to believe there is not a strong market for additional commercial uses and activity in the downtown area. To make projects work, it is necessary to add a residential, mixed-use component. Because of the uncertainty and cost associated with processing a Special Use Permit, many property owners have not proceeded with development projects. A goal of the new overlay is to remove an unnecessary hurdle to development by raising the level of residential density allowed by right. With the Town's development regulations, it is important to make the desired development the easy option. By raising the density, any density up to the minimum level becomes easy. If it stays at 8 or is raised to just 15 units per acre, every development will need a Special Use Permit. Once the SUP is required, the developer may as well ask for 40 or 50 units per acre. The discussion by the Planning Commissioners highlighted the point that the density contained in the ordinance is just for the platted lots. Most multi-residential developments will include open space and parking as part of the density calculation. Based on this realization, allowing a density of up to 45 units per acre would result in an overall density for an entire block around 20 units per acre if every lot were developed at the maximum allowed. Based on the previous staff analysis, it would be good to add 400-550 additional dwelling units within the downtown area. At least 300 of these should be in Plat 208. The possible number of units that could be added to the area by density allowance are shown in this table. Dwelling Units/Acre # Units All Lots # Units Vacant Lots Density for Entire Block 15 294 88 6.7 25 468 149 10.4 35 662 208 15 45 920 267 20.9 When averaged over the entire block, as is typical for calculating residential density, the 35 Meeting Packet Page 325 of 338 units per acre for a lot, equals out to the 15 units per acre for the entire block. Some members of Council suggested 15 units per acre as an appropriate density before sending this back to the Planning and Zoning Commission. Several projects have been approved in the downtown area with densities in excess of 45 units per acre. The Planning and Zoning Commission reviewed Ordinance 26-02 at a public hearing on January 12, 2026, and followed up with additional discussion at their meeting on March 9, 2026. The Commission members were unable to focus their discussion strictly on the question of density and ended up not recommending approval of the ordinance as drafted and recommended by staff. A couple of citizens spoke to the Commission and expressed the following concerns: • Sales tax dollars will be minimized because most of the renters will be seasonal. At this point, we do not know if the multifamily units will be apartments or condominiums. Based on a recent review of residents in larger complexes in the downtown area, over 90% of the residents are year-round residents. • Having the residential units will thwart the establishment of the downtown "fun zone." The main concern is that residents will not want to live above active restaurant and entertainment uses. Given that the primary "fun zone" area will be along the Avenue and that area is already built, it is unlikely there will be second story residential in this area. Further, anyone moving into a dwelling above an active commercial use will do so know those conditions. • We need goals for the downtown area. There is a vision and a goal established in the Downtown Strategy that Council approved and staff is working to implement. The established vision includes increasing the resident population in the downtown area to increase the general vibrancy of the area, providing places for people who want to live and work downtown, and increasing the customer base for businesses. Pros and Cons of a Special Use Permit (SUP) • SUP's are used to allow consideration of uses that might not always be appropriate in a given zoning district. • SUP's give the public and council the opportunity to review a specific situation and place conditions on approval. • SUP's slow down the development process. • SUP's can discourage development due to the time, cost, and uncertainty associated with the review and approval. • SUP's can and should be used in a manner that will encourage and facilitate the desired development. Summary of this Issue • The ONLY ISSUE before the Council is what density of residential development is allowed by right within the overlay. • The ordinance DOES NOT allow first floor residential in the Avenue District. • The ordinance REQUIRES an SUP for first floor residential in the Business District. • Plat 208 ownership will NOT allow development of the common property. • The Council approved strategies for the improvement of downtown includes increasing residential development in the area. Meeting Packet Page 326 of 338 • Any development with a residential component with a density above that set by right will REQUIRE Council approval. It is important that this density be set at a level that will encourage development. • Calculations show around 300 dwelling units should be added in Plat 208. • A density of 45 units per acre would be consistent with other development in the downtown, set a level that encourages development, and meets the target for residential development in the downtown. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) The Planning and Zoning Commission discussed this change to the Overlay District at two meetings. During the first meeting, the Commission Chairperson brought in calculations demonstrating the density should be set at 45 units per acre for the platted lots, but there should be a limit on the density for a block as a whole, just in case conditions changed, and the existing parking area could also be developed. There was additional discussion regarding related matters of the overall design of Plat 208. The Commission continued their discussion to their March meeting. At the March meeting, staff presented a revised ordinance that kept 35 units per acre for the buildable lots, but added a limitation on the maximum density allowed on a total block. Following discussion, a motion was made to recommend approval of the proposed ordinance revision. That motion failed on a 2-4 vote. The effect of the Commission action is to leave the current ordinance allowing 35 units per acre in place. Staff Recommendation(s) Staff recommends maintaining a base allowance for a downtown residential density that will encourage continued investment and development in downtown. At a minimum, the 35 units per acre in the adopted ordinance should be maintained. Staff supports increasing the allowed density to at least 45 units per acre with the provision that the overall density of a block cannot exceed 20 units per acre. Suggested Motion MOVE TO: DENY Ordinance 26-02, which will leave the current ordinance allowing 35 units per acre unchanged. or ADOPT Ordinance 26-02 with the density Council determines is appropriate for Plat 208. FISCAL IMPACT Fiscal Impact: N/A Budget Reference: N/A Funding Source: N/A ATTACHMENTS 1. Draft Ordinance 26-02 Meeting Packet Page 327 of 338 ORDINANCE NO. 26-02 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS ZONING ORDINANCE CHAPTER 27, DOWNTOWN OVERLAY DISTRICT TO AMEND THE ALLOWED DENSITY IN THE AVENUE AND BUSINESS DISTRICTS ENACTMENTS: NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That Chapter 27, Downtown Overlay District, Sections 27.02 A and B of the Fountain Hills Zoning Ordinance is amended as provided in Exhibit A attached hereto. PASSED AND ADOPTED by the Mayor and Council of the Fountain Hills, Maricopa County, Arizona, this 21th day of April, 2026. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: _________________________________ ________________________________ Gerry M. Friedel, Mayor Bevelyn Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: ____________________________________ __________________________________ Rachael Goodwin, Town Manager Jennifer J. Wright, Town Attorney Meeting Packet Page 328 of 338 Ordinance No. 26-02 Ordinance No. 26-02 Exhibit A Section 27.02 Permitted Uses Uses permitted in the Downtown Overlay District shall be: A. The Avenue District. 1. Permitted uses: … d. Multifamily residential up to thirty-five (35) units per acre above the ground floor per lot, provided the average density for a total block does not exceed 15 units per acre. 2. Uses permitted by special use permit shall be residential above the ground floor at a density more than thirty-five (35) units per acre per lot, provided the average density for a total block does not exceed 15 units per acre. B. The Business District. 1. Those uses permitted in Zoning Ordinance Sections 12.02(A), (B), and (C). … b. Multifamily residential up to thirty-five (35) units per acre above the ground floor per lot, provided the average density for a total block does not exceed 15 units per acre. 2. Uses permitted by special use permit shall be residential uses on the ground floor or at a density more than thirty-five (35) units per acre per lot, provided the average density for a total block does not exceed 15 units per acre. … Meeting Packet Page 329 of 338 ITEM 9.f. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 4/21/2026 Meeting Type: Town Council Regular Meeting Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: Phone: 480-816-5138 Email: jwesley@fountainhillsaz.gov Request to Town Council Regular Meeting (Agenda Language) PUBLIC HEARING, with CONSIDERATION AND POSSIBLE ACTION: Relating to Ordinance 26-08, rezoning the area bounded by La Montana Dr., Saguaro Boulevard, and Avenue of the Fountains, to adopt the Downtown Overly District and to remove the existing Entertainment and Planned Shopping Plaza Overlay Districts to the area bounded by La Montana Drive, Palisades Boulevard, Saguaro Boulevard, and Avenue of the Fountains. Staff Summary (background) On September 2, 2025, the Town Council approved the new Downtown Overlay District. Following the approval of this new zoning overlay, staff began the process of rezoning the area to apply the new zoning district to the designated area. This proposed rezoning will remove the two existing overlays in the area bounded by La Montana, Palisades, Saguaro, and Avenue of the Fountains and apply the new Downtown Overlay as approved by Council to the area bounded by La Montana, Saguaro, and Avenue of the Fountains. Staff have processed this rezoning in the same manner as any other rezoning application. The steps have included: • Creating a Citizen Participation Plan. The Plan involved sending a letter to all property owners within the overlay area them of the rezoning process. Information was also posted on the Town's website, including a link to the new ordinance. As a result of the Citizen Participation notice sent to all property owners, staff received an email asking questions about some specifics of the new ordinance and restricting residential use of the ground floor in the Avenue District. There were no comments or questions about the actual rezoning, removing the existing overlays and replacing them with the new overlay. • Providing notice of the public hearing. Notices were mailed to all property owners in the area and within 300' of the area and signs were posted throughout the area on October 21, 2025. A notice has also been published in the newspaper on October 22 and 29, 2025. Each of these notices describe the action being proposed and provides the dates and times for the rezoning hearings that will be held by the Planning and Zoning Commission and the Town Council. Meeting Packet Page 330 of 338 As a result of the public notice which was sent, staff have received several emails and phone calls requesting additional information.These came primarily from residents north of La Montana. Staff have responded to the calls and emails and explained the change. Most of the residents' concerns have been satisfied. Some are concerned the increased employment use opportunity might spur new buildings in the area south of La Montana and those new buildings would be built at the maximum allowed height of 40 feet and block their views. It should be understood, the 40' building height is in the base C-2 zoning district which applies today and is not changed with the overlay. One property owner within the area raised a concern about the new overlay establishing a built-to line. The new overlay district was drafted and approved based on the goals of the new Downtown Strategic Plan to bring increased residential density, additional employment opportunities, and entertainment activities to the downtown area. The issue before the Commission at this time is not about any of the provisions contained within the new overlay district. The issue is whether or not to remove the existing overlays and replace them with the newly adopted overlay district. The new district implements the goals for the area by increasing the allowed residential density by right from 8 units per acre, adds employment options for the area north of Palisades, and facilitating active uses along the Avenue over time. The Town Council held a public hearing to consider this rezoning action on December 16, 2025. At that meeting, several residents expressed concerns with the residential density provided in the overlay. Following discussion, the Council voted to return the overlay district ordinance to the Planning and Zoning Commission for consideration of amending the allowed density. A separate item is on the Council agenda to consider and approve any amendments to the overlay district. Adopting this rezoning will adopt the overlay district as amended by the Council. Related Ordinance, Policy or Guiding Principle General Plan, Downtown Character Area General Plan, Economic Development Element, Goal 1, Policies 1 and 2 Community Economic Development Strategy Resolution 2024-28, Downtown Strategy Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) The Planning and Zoning Commission held a public hearing and received comments on this application at their regular meeting on November 10, 2025. Two citizens spoke and expressed concerns regarding potential impacts of employment development and activities on their residences north of La Montana. Commissioners reviewed other ordinance provisions on light and noise that will help mitigate any possible negative impacts. Following the hearing and discussion, the Commission voted 5-1 to recommend approval of the rezoning. Staff Recommendation(s) Staff recommends adoption of Ordinance 26-08. Suggested Motion MOVE TO approve Ordinance 26-08. FISCAL IMPACT Fiscal Impact: N/A Budget Reference: N/A Meeting Packet Page 331 of 338 Funding Source: N/A ATTACHMENTS 1. Ord 26-08 Rezoning 2. Citizen Participation Plan 3. Citizen Participation Report Meeting Packet Page 332 of 338 ORDINANCE NO. 26-08 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE OFFICIAL ZONING DISTRICT MAPS OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, BY CHANGING THE ZONING DESIGNATION FOR 50.7 ACRES OF A 72.3-ACRE PROPERTY SOUTH OF PALISADES TO REMOVE THE ENTERTAINMENT AND PLANNED SHOPPING PLAZA OVERLAY DISTRICTS AND REZONING THE ENTIRE AREA BOUNDED BY LA MONTANA DRIVE, SAGUARO BOULEVARD, AND AVENUE OF THE FOUNTAINS TO ADOPT THE DOWNTOWN OVERLAY DISTRICT, KEEPING THE UNDERLYING BASE ZONES AS THEY EXIST ENACTMENTS NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The approximately 50.7 acres depicted on Exhibit A, attached hereto and incorporated herein by reference, is rezoned to remove the Entertainment and Planned Shopping Plaza Overlay Districts. SECTION 2. The approximately 72.3 acres depicted on Exhibit B, attached hereto and incorporated herein by reference, is rezoned to add the Downtown Overlay District to the existing base zoning districts. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision 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 execute all documents and 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, Arizona, this 21th day of April, 2026. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Gerry Friedel, Mayor Bevelyn Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Rachael Goodwin, Town Manager Jennifer J. Wright, Town Attorney Meeting Packet Page 333 of 338 Meeting Packet Page 334 of 338 Meeting Packet Page 335 of 338 Citizen Participation Plan Rezoning downtown to apply the Downtown Overlay Ordinance Purpose: The purpose of this Citizen Participation Plan is to inform citizens, property owners, business owners, and property owner associations of the rezoning application to apply the newly created Downtown Overlay to the defined downtown area. The rezoning will remove the existing two overlay districts from the Plat 208 area. This plan has been prepared to define the process which will be used to inform the impacted property owners and businesses of the intended rezoning and provide them with a means to provide input to the proposed zoning change. Applicant: Town of Fountain Hills Location: The area bounded by Avenue of the Fountains, La Montana, and Saguaro. Action Plan: In order to provide effective citizen participation in conjunction with this rezoning process, the following actions will be taken: 1. A contact list of property owners, business owners, and property owner associations within the area and property owners within 300’ of the boundary of the rezoning area will be created. 2. All persons on the contact list will be sent a letter describing the proposed rezoning and provided a link to the new Downtown Overlay District. The letter will describe the process for Planning and Zoning Commission and Town Council consideration and adoption of the new overlay district. The letter will also inform the recipients of the options to provide feedback on the proposed rezoning. 3. The Town’s website will be updated with a page describing the rezoning and the new overlay and provide interested individuals with information on how to provide feedback on the proposal. Schedule: Letters mailed: NLT 9/18 Public hearings: Planning and Zoning Commission November 10; Town Council December 16 Meeting Packet Page 336 of 338 Citizen Participation Report Notiflcation As required by the Plan, the letters were mailed to the property owners on September 19. The letter provided property owners with information about the rezoning request and the staff email address and phone number to ask questions or provide comments. Results One property owner emailed with a comment about the zoning. The comments were about a couple of the details of the ordinance, the restriction on services uses along the Avenue the on ground fioor residential uses. There was no comment speciflcally on the removal of the existing overlay to be replaced with the new overlay. No other comments were received. Meeting Packet Page 337 of 338 ITEM 9.g. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 4/21/2026 Meeting Type: Town Council Regular Meeting Submitting Department: Administration / Town Clerk Prepared by: Staff Contact Information: Phone: Email: Request to Town Council Regular Meeting (Agenda Language) CONSIDERATION AND POSSIBLE ACTION: Related to any item included in the Arizona Cities and Town's Weekly Legislative Bulletin or relating to any action proposed or pending before the State Legislature. Staff Summary (background) Related Ordinance, Policy or Guiding Principle Risk Analysis Recommendation(s) by Board(s) or Commission(s) Staff Recommendation(s) Suggested Motion FISCAL IMPACT Fiscal Impact: Budget Reference: Funding Source: ATTACHMENTS None Meeting Packet Page 338 of 338