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Home My WebLink About140417P NOTICE OF THE FY 2014/15 PROPOSED BUDGET OPEN HOUSE AND REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 5:30 P.M. – 6:30 P.M. [FY 2014/15 PROPOSED BUDGET OPEN HOUSE] 6:30 P.M. - REGULAR SESSION WHEN: THURSDAY, APRIL 17, 2014 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person o r 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 politic al subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and , as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived. PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk’s position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name and whether or not they reside in Fountain Hills (do not provide a home address) prior to commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. Mayor Linda M. Kavanagh Councilmember Dennis Brown Vice Mayor Cassie Hansen Councilmember Ginny Dickey Councilmember Henry Leger Councilmember Tait D. Elkie Councilmember Cecil A. Yates POST ACTION AGENDA NOTICE Z:\z:\council packets\2014\r140417\140417a.docx Last Printed 4/23/2014 11:59 AM Page 2 of 3 REGULAR AGENDA  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh 6:30 p.m.  INVOCATION – Ms. Julie Orwin, President Congregation Beth Hagivot  ROLL CALL – Mayor Linda M. Kavanagh  MAYOR’S REPORT i) None.  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor may review recent events attended relating to economic development. ii) Update by Councilmember Ginny Dickey regarding the recent Maricopa Association of Governments Regional Domestic Violence Council meeting held April 3, 2014. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(H), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are pro perly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. CONSENT AGENDA ITEMS (1 – 3) APPROVED AS LISTED All items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be enacted by one motion and one roll call 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 items will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from April 3rd, 2014. 2. CONSIDERATION of approving RESOLUTION 2014-18, abandoning whatever right, title, or interest the Town has in portions of the certain drainage and public utility easements located at the northerly and northeasterly property lines of Plat 604B, Block 6, Lot 20 (11771 N. Spotted Horse Way) as recorded in Book 196 of Maps, Page 27, Records of Maricopa County, Arizona. EA2014-03. (Cromer) 3. CONSIDERATION of approving the CONTINUATION of all Adero Canyon related business items to a future Council Meeting. Z:\z:\council packets\2014\r140417\140417a.docx Last Printed 4/23/2014 11:59 AM Page 3 of 3 REGULAR AGENDA ITEMS 4. CONSIDERATION of ACCEPTING two bronze sculptures, titled “hugs n kitten” and “Gahn Dancer II” and their placements, and the new placement of “Man in the Moon” in Fountain Park, as requested by the Fountain Hills Public Art Committee. APPROVED 5. CONSIDERATION of appointing one (1) Planning and Zoning Commissioner to fill a vacant seat and complete a five (5) month term on the Commission beginning April 17, 2014 and ending on September 30, 2014. NO ACTION TAKEN 6. PUBLIC HEARING regarding a SPECIAL USE PERMIT for Verizon Wireless to allow the installation of a 26’ tall stealth Saguaro cellular antenna array at 9800 N. Summer Hill Boulevard, located in the “R1-6A/Resort” zoning district. Case # SU2014-01. 7. CONSIDERATION of a SPECIAL USE PERMIT for Verizon Wireless to allow the installation of a 26’ tall stealth Saguaro cellular antenna array at 9800 N. Summer Hill Boulevard, located in the “R1-6A/Resort” zoning district. Case # SU2014-01. APPROVED 8. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN(S) or relating to any ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE. NO ACTION TAKEN 9. COUNCIL DISCUSSION/DIRECTION to the Town Manager. NO ACTION TAKEN Items listed below are related only to the propriety of (i) placing such items on a future agenda for acti on or (ii) directing staff to conduct further research and report back to the Council: A. NONE. 10. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 11. ADJOURNMENT. 6:49 p.m. DATED this 10th day of April, 2014. Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480 -816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk’s office. NOTICE OF THE FY 2014/15 PROPOSED BUDGET OPEN HOUSE AND REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 5:30 P.M. – 6:30 P.M. [FY 2014/15 PROPOSED BUDGET OPEN HOUSE] 6:30 P.M. - REGULAR SESSION WHEN: THURSDAY, APRIL 17, 2014 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town’s various Commission, Committee or Board members may be in attendance at the Council meeting. Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived. PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk’s position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name and whether or not they reside in Fountain Hills (do not provide a home address) prior to commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. Mayor Linda M. Kavanagh Councilmember Dennis Brown Vice Mayor Cassie Hansen Councilmember Ginny Dickey Councilmember Henry Leger Councilmember Tait D. Elkie Councilmember Cecil A. Yates Z:\z:\council packets\2014\r140417\140417a.docx Last Printed 4/8/2014 3:42 PM Page 2 of 3 REGULAR AGENDA  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh  INVOCATION – Ms. Julie Orwin, President Congregation Beth Hagivot  ROLL CALL – Mayor Linda M. Kavanagh  MAYOR’S REPORT i) None.  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor may review recent events attended relating to economic development. ii) Update by Councilmember Ginny Dickey regarding the recent Maricopa Association of Governments Regional Domestic Violence Council meeting held April 3, 2014. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(H), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. CONSENT AGENDA ITEMS (1 – 3) All items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be enacted by one motion and one roll call 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 items will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from April 3rd, 2014. 2. CONSIDERATION of approving RESOLUTION 2014-18, abandoning whatever right, title, or interest the Town has in portions of the certain drainage and public utility easements located at the northerly and northeasterly property lines of Plat 604B, Block 6, Lot 20 (11771 N. Spotted Horse Way) as recorded in Book 196 of Maps, Page 27, Records of Maricopa County, Arizona. EA2014-03. (Cromer) 3. CONSIDERATION of approving the CONTINUATION of all Adero Canyon related business items to a future Council Meeting. Z:\z:\council packets\2014\r140417\140417a.docx Last Printed 4/8/2014 3:42 PM Page 3 of 3 REGULAR AGENDA ITEMS 4. CONSIDERATION of ACCEPTING two bronze sculptures, titled “hugs n kitten” and “Gahn Dancer II” and their placements, and the new placement of “Man in the Moon” in Fountain Park, as requested by the Fountain Hills Public Art Committee. 5. CONSIDERATION of appointing one (1) Planning and Zoning Commissioner to fill a vacant seat and complete a five (5) month term on the Commission beginning April 17, 2014 and ending on September 30, 2014. 6. PUBLIC HEARING regarding a SPECIAL USE PERMIT for Verizon Wireless to allow the installation of a 26’ tall stealth Saguaro cellular antenna array at 9800 N. Summer Hill Boulevard, located in the “R1-6A/Resort” zoning district. Case # SU2014-01. 7. CONSIDERATION of a SPECIAL USE PERMIT for Verizon Wireless to allow the installation of a 26’ tall stealth Saguaro cellular antenna array at 9800 N. Summer Hill Boulevard, located in the “R1-6A/Resort” zoning district. Case # SU2014-01. 8. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN(S) or relating to any ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE. 9. COUNCIL DISCUSSION/DIRECTION to the Town Manager. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: A. NONE. 10. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 11. ADJOURNMENT. DATED this 10th day of April, 2014. Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk’s office. TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:4/17/2014 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Administration Staff Contact Information:Bevelyn J.Bender,Town Clerk;480-816-5115;bbender@fh.az.gov Council Goal: Strategic Values:Civic Responsibility C3 Solicit feedback in decision-making REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from April 3, 2014. Applicant:NA Applicant Contact Information: Property Location: Related Ordinance,Policy or Guiding Principle:A.R.S.§38-431.01 Staff Summary (background):The intent of approving previous meeting minutes is to ensure an accurate account of the discussion and action that took place at that meeting for archival purposes.Approved minutes are placed on the Town's website in compliance with state law. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs;budget status): Budget Reference (page number): Funding Source:NA If Multiple Funds utilized,list here: Budgeted;if No,attach Budget Adjustment Form: na Recommendation(s)by Board(s)or Commission(s): Staff Recommendation(s):Approve List Attachment(s):None SUGGESTED MOTION (for council use):Move to approve the consent agenda as listed Prepared by:Approved: Bevelyn Bender,Town Clerk 4/7/2014 Ken Buchanan,Town Manager 4/8/2014enBuchanan,Town Manager Page 1 of 1 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:4/17/2014 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Development Services Staff Contact Information:Randy Harrel, Town Engineer (480-816-5112 or rharrel@fh.az.gov Council Goal: Strategic Values:Not Applicable (NA)Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION for approval of RESOLUTION 2014-18 abandoning whateverright,title, or interestthe Town has in portions of the certain drainage and public utilityeasements locatedat the northerly and northeasterly property lines of Plat 604B, Block 6, Lot 20 (11771 N. Spotted Horse Way) as recorded in Book 196 of Maps, Page 27,Records of Maricopa County,Arizona.EA2014-03 (Cromer) Applicant:Bruce and Jennifer Cromer Applicant Contact Information:205-910-7387 Property Location:11771 N.Spotted Horseway Related Ordinance,Policy or Guiding Principle:N/A Staff Summary (background):This item on the Town Council's agenda is a proposal to abandon the public utility easements located at the northerly and northeasterly property lines of Plat 604B,Block 6,Lot 20 (11771 N.Spotted Horse Way)as shown in Exhibit "A".The property owner desires the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. All affected utility companies have been notified of this abandonment proposal and have approved the proposed abandonment of these public utility easements. A 10'x 10'Public Utility Easement will be retained at the northwesterly corner of the lot for existing and potential future utility boxes and lines. The Engineering Section has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement.It is the professional opinion of the Engineering Section that there is no need for the Town to retain the portion of the drainage easement proposed to be abandoned,with the understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff.The property owner of Lot 20 is required to pass the developed flows generated by the upstream lots across their property. Risk Analysis (options or alternatives with implications):N/A Fiscal Impact (initial and ongoing costs;budget status):N/A Budget Reference (page number):N/A Funding Source:NA If Multiple Funds utilized,list here:N/A Page 1 of 2 Budgeted;if No,attach Budget Adjustment Form:NA Recommendation(s)by Board(s)or Commission(s):N/A Staff Recommendation(s):Staff recommends approval of Resolution 2014-18. List Attachment(s):Vicinity Map;Aerial Photo Map;Resolution;Exhibit "A"Map SUGGESTED MOTION (for council use):Move to approve the abandonment of the drainage easement and portions of of the public utility easement at Plat 604B,Block 6, Lot 20. preparedby: ^OKRandyHarfel,]Town [Engineer Director's Approv Paul Mood,Development Services Director Approved:Droned:^—>. Ken Buchanan,Town Manager 4/8/2014 4/8/2014 4/8/2014 Pa«c2of2 RESOLUTION 2014-18 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,ABANDONING WHATEVER RIGHT,TITLE,OR INTEREST IT HAS IN THE DRAINAGE EASEMENT AND PORTIONS OF THE PUBLIC UTILITY EASEMENT AT THE NORTHERLY AND NORTHEASTERLY PROPERTY LINES OF PLAT 604B,BLOCK 6,LOT 20,FOUNTAIN HILLS, ARIZONA,AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPACOUNTY,ARIZONA,RECORDED IN BOOK 196 OF MAPS, PAGE 27. WHEREAS,the Mayor and Council ofthe Town of Fountain Hills (the "Town Council"),as the governing body ofreal property located in the Town of Fountain Hills (the "Town"),may require the dedication of public streets, sewer, water,drainage, and other utility easements or rights-of-way within any proposed subdivision;and WHEREAS,the Town Council has the authority toacceptorreject offers of dedication of private property by easement,deed,subdivision, plat or other lawful means;and WHEREAS,allpresent utility companies have received notification ofthe proposed abandonment. NOW THEREFORE,BE IT RESOLVED BYTHE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,as follows: SECTION 1.Thatthe drainageeasement and portions ofthecertain public utility easement, located at the northerlyand northeasterly property lines of Plat 604B,Block6, Lot20, Fountain Hills,as recordedthe Office ofthe CountyRecorderof Maricopa County,Arizona,Book 196 of Maps,Page 27, and as more particularly described in Exhibit A,attached hereto and incorporated herein byreference,are herebydeclared to be abandoned bythe Town.Certain lots within this subdivision are subjectto lot-to-lot drainage runoff.The property owneris required to pass the developed flows generated bythe upstreamlots across their property. SECTION 2.Thatthis Resolution isone ofabandonmentand disclaimer bythe Town solely for the purposeof removing any potential cloudon the title tosaid property and thatthe Town in noway attemptstoaffectthe rights ofany private partytooppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, April 17,2014. FOR THE TOWN OF FOUNTAIN HILLS: Linda M.Kavanagh,Mayor REVIEWED BY: Kenneth Buchanan,Town Manager ATTESTED TO: Bevelyn J.Bender,Town Clerk APPROVED AS TO FORM: Andrew J.McGuire,Town Attorney SCALE: 1" -40' DATE:4-8-14 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 604B BLOCK 6 LOT 20 r«s 3, A Z^mK TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT -wr e**tU&&l NORTH SCALE:1" =3500' VICINITY MAP Mcdowell mountain park TOWN BOUNDARYl SALT RIVER PIMA MARICOPA INDIAN COMMUNITY DEVELOPMENT SERVICES AERIAL PHOTO MAP PLAT 604B,BLOCK 6,LOT 20 11771 N SPOTTED HORSE WAY LEGEND: LOTLINE ROW EASEMENT FLOODPLAIN SUBJECT SITE A 0 100'200' SCALE: 1" =200' AERIAL FLIGHT DATE:11/12 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:4/17/2014 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Development Services Staff Contact Information:Robert Rodgers,Senior Planner (480)816-5138 rrodgers@fh.az.gov Strategic Values:Not Applicable (NA)Council Goal:Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving the CONTINUATION of all Adero Canyon related business items to a future Council Meeting. Applicant:NA Applicant Contact Information:NA Property Location: Formerly the Eagle Ridge North subdivision (MCR #58026)located at the current end of Eagle Ridge Drive. (APN's #217-19-855A,#217-19-855B,#217-19-856,#217-19-857, #217-19-858,#217-19-859,#217-19-860, #217-19-861,#217-19-862 and #217-19-863) Related Ordinance,Policy or Guiding Principle:NA Staff Summary (background): The Adero Canyon related items were heard by the Planning &Zoning Commission on February 13, 2014,but the Commission did not reach a decision on a recommendation to Town Council.In the absence of a recommendation by the Commission,the default provisions in Section 2.01(D)(1)of the Zoning Ordinance cause the items to be forwarded to the Town Council 60 days after the date of the original hearing,with a recommendation for denial.The first available Town Council date is April 17, 2014.However,in order for the Town Council to consider the Adero Canyon PAD Rezoning,the related changes to the existing Settlement Agreement must be completed.The Town staff and the developer have been diligently working to resolve the complicated issues involved in amending the Settlement Agreement,but the work is not completed and will not be prior to April 17.Therefore,the Town Council's consideration of the Adero Canyon items must be continued to a later date,pending the completion of the amended Settlement Agreement. Risk Analysis (options or alternatives with implications):NA Fiscal Impact (initial and ongoing costs;budget status):NA Budget Reference (page number):NA Funding Source:NA Pagel of 2 If Multiple Funds utilized,listhere: NA Budgeted;if No,attach Budget Adjustment Form:NA Recommendation(s)by Board(s)or Commission(s):NA Staff Recommendation(s): Staff recommends continuing the Adero Canyon related items to a date to be determined subsequent to completion of an amended draft Settlement Agreement. List Attachment(s):NA SUGGESTED MOTION (for Council use):Move to CONTINUE all Adero Canyon related items to a date to be determined subsequent to completion of an amended draft Settlement Agreement. Prepared by: (Robert (Rodgers Robert Rodgers,Senior Plahrl|rp*?~4/9/2014 Director's Approval: Development Services Director 4/9/2014 Approved: (en Buchanan,Town Manager COLAA&A^^ Ken Buchanan,Town Manager 4/9/2014 Paso 2 of2 List Attachment(s):Letters from Sandi Thompson,Public Art Committee Chair/Pictures ofthe pieces/site maps SUGGESTED MOTION (for Council use):MOTION to ACCEPT two bronze sculptures titled "hugs n'kitten"and "Gahn Dancer II"and new placement of "Man in the Moon"in Fountain Park, and the placement of "Gahn Dancer II"and "hugs n'kitten"as requested by the Fountain Hills PublicArtCommittee. Prepared by: f&m•\at\dy Walter,Corrfmunity Srvcs Exec Asst Director's Approval: Mark Mayer,Community Services Directo 4/2/2014 4/3/2014 Approve Ken BucITiucnanan.'Town Manager 4/8/2014 Page 2 of2 -•j ire*%•-J V9^n A s "W *-•»*vy ••.•« .r? l-i^HS >*.u**&> iiwa V ¥*-. >, ''.- . i m •;:: ,v- •iti.*ft • P* v. i \ •V..1 \- El FOUNTAIN HILLS CULTURAL & CIVIC ASSOCIATION Post Office Box 1 8254 Fountain Hills,AZ 85269 March 24,2014 Honorable Mayor Kavanagh Town Council Members Town of Fountain Hills Fountain Hills,AZ 85268 Dear Ladies &Gentlemen, The Public Art Committee of the Fountain Hills Cultural &Civic Association would like to propose the acquisition ofa bronze sculpture entitled "hugs n'kitten "byartist Greg Todd.The dimensions are approximately 39"tall x 12" wide. This piece has an insured value of $9,000 but we negotiated andpriceof $4,200.It has been purchased by local residents Roland &Jean Lorenz who have also donated several Doug Hyde pieces to Public Art. We are recommending the piece be placed in the CentennialCircle. This acquisition has been approved bythe Board of Directors ofthe Fountain Hills Cultural &Civic Association. A photo of this work hasbeen sent to youin a separateemail. Very Truly Yours, Satidi fTfounpaati Sandi Thompson Chair,Public Art Committee FHCCA FOUNTAIN HILLS CULTURAL & CIVIC ASSOCIATION Post Office Box 1 8254 Fountain Hills,AZ 85269 March 25,2014 Honorable Mayor Kavanagh Town Council Members Town of Fountain Hills Fountain Hills,AZ 85268 Dear Ladies &Gentlemen, The Public Art Committee of the Fountain Hills Cultural &Civic Association would like to propose the acquisition ofa bronze sculpture entitled "Gahn Dancer II"'by artist Craig Dan Goseyun. Thedimensionsare approximately65" tall x 55" wide x 55.5" deep. This piece hasan insured value of $52,000 butwe negotiated a priceof $15,000.The owner has agreed to loan the piece tothe town for a period of two years (from April 1,2014-March 30,2016) during which the Public Art Committee will look for a donor.Attheendofthe two years,ifwe have been unable toraisethe purchase price,the piece will go back tothe owner.The Town of Fountain Hills will install the piece,insure it and maintain it. This acquisition hasbeen approved bythe Board of Directors of the Fountain Hills Cultural & Civic Association. A photo of thisworkhasbeensentto youina separate email. Very Truly Yours, Scuidi 3"fuunpaati Sandi Thompson Chair,Public Art Committee FHCCA FOUNTAIN PARK 12925 N SAGUAR©©LV© ACTIVITY AREAS GOLDEN BARREL RAMAOA - 2 STD TABLES -I HANDICAP TABIC -1 BBQ Built in 1970,Fountain Hills World Famous Fountain draws from a 33 acre,million gallon lake and reaches a height of 330 ft. with two pumps for 10 minutes on the hour from 9am to 9pm daily. On special occasions the fountain can attain 560 ft.with all three pumps running.In the event winds exceed 10 mph the fountain will automatically shut-down. NOTE:ALL RAMADAS ARE LIT AND HAVE ELECTRICAL OUTLETS Art sites can be added to the new west lake path. TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:4/17/2014 Meeting Type:Regular Session Agenda Type:Regular Submitting Department:Development Services Staff Contact Information:Robert Rodgers,Senior Planner:480-816-5138;rrodgers@fh.az.gov Council Goal: Strategic Values:Civility CR2/CR3 Use citizen talent and foster volunteerism REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of appointing One (l)Planning and Zoning Commissioner to fill a vacant seat and complete a five (5) month term on the Commission beginning April 17,2014 until September 30,2014. Applicant:N/A Applicant Contact Information:N/A Property Location:N/A Related Ordinance,Policy or Guiding Principle:Council Rules of Procedure Staff Summary (background):On February 20,2014,Richard Turner resigned from the Planning and Zoning Commission due to a move out of state.On March 20,2014,the Town Council Executive Subcommittee interviewed one (1)applicant requesting consideration to be appointed to serve on the Town of Fountain Hills Planning and ZoningCommission. The appointed applicant will serve a term beginning April 17, 2014 until September 30,2014,completing the term for this vacant seat. A public notice was published in the "Times of Fountain Hills"on March 5 and 12,2014,requesting applicants to submit the necessary paperwork for Town Council's consideration.Applications were also requested through postings inthe Community Center,outside on the Town Hall Community Board, and the Town's web site. Risk Analysis (options or alternatives with implications):N/A Fiscal Impact (initial and ongoing costs;budget status):N/A Budget Reference (page number):N/A Funding Source:NA If Multiple Funds utilized,listhere: N/A Budgeted;if No,attach Budget Adjustment Form:NA Recommendation(s)by Board(s)or Commission(s):Subcommittee recommendation will be provided separately. Staff Recommendation(s):Move to appoint one (1)Planning and Zoning Commissioner. List Attachment(s):N/A Page 1 of 2 SUGGESTED MOTION (for Council use):Move to appoint to serve on the Town of Fountain Hills Planning and Zoning Commission for a 5-month term beginning April 17,2014 until September 30,2014. Prepared RoberWodgerSySenior Planner Director's Approval: Approved: vfe^ Ken Buchanan,Town Manager 3/24/2014 3/24/2014 4/8/2014 Paae2of2 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:4/17/2014 Meeting Type:Regular Session Agenda Type:Regular Submitting Department:Development Services Staff Contact Information:Robert Rodgers,Senior Planner (480)816-5138 rrodgers@fh.az.gov Strategic Values:Not Applicable (NA)Council Goal:Not Applicable (NA) REQUEST TO COUNCIL: PUBLIC HEARING of a SPECIAL USE PERMIT for Verizon Wireless,to allow the installation of a 26'tall stealth Saguaro cellular antenna array at 9800 N.Summer Hill Blvd,located in the "R1-6A/Resort"zoning district.Case #SU2014-01 CONSIDERATION of a SPECIAL USE PERMIT for Verizon Wireless,to allow the installation of a 26' tall stealth Saguaro cellular antenna array at 9800 N.Summer Hill Blvd,located in the "R1-6A/Resort"zoning district.Case #SU2014-01 Applicant:James Gardner,Shaw &Associates Applicant Contact Information:202 W.Roosevelt St.Ste 121C Phoenix,AZ 85003 (928)821-0204 Property Owner:The Inn at Eagle Mountain Eagle Mountain Resort,LLC (480)816-3000 Property Location:9800 N.Summer Hill Blvd,Fountain Hills,AZ85268 Related Ordinance,Policy or Guiding Principle: Fountain HillsZoning Ordinance Chapter 2 Section 2.02 -Special Use Permits Fountain HillsZoning Ordinance Chapter 17 -Wireless Telecommunications Towers and Antennas Staff Summary (background): EXISTING ZONING:"R1-6A/Resort"(Small lots witha lodging component allowed) EXISTING CONDITION:The Inn at Eagle Mountain Hotel SURROUNDING LAND USES AND ZONING: NORTH: Eagle Mountain Golf Club -Zoned "OSR" SOUTH:Summer Hill Blvd then Eagle Mountain Golf Course -Zoned "OSR" EAST:Summer Hill Blvd then Eagle Mountain Golf Course -Zoned "OSR" WEST: Single FamilyResidential - Zoned "R1 -6A/Resort" BACKGROUND: This proposal is identical to the proposal which was approved under Case #SU 2011-06.The Special Use Permit was not acted upon within the required6 months and expired. The previousconditionsofapproval are attached. Page 1 of 4 SU #2014-01 Verizon Wireless proposes to install a 26'tall Saguaro antenna,with attendant ground mounted equipment on the Inn at Eagle Mountain property at 9800 N.Summer Hill Blvd adjacent to the trash enclosures and the existing 35'tall T-Mobile Saguaro antenna. Section 17.06 of the Zoning Ordinance outlines the criteria for evaluating Special Use Permit applications for towers or antennas. The proposed antenna does not exceed the zoning district height allowance of 30'.However,it is within residentially zoned propertyand so itis the determination of staffthat the applicant's proposal must receive a Special Use Permit in order to be approved.In granting a Special Use Permit, the Town may impose conditions to the extent such conditionsare necessary to minimize any adverse effect ofthe proposed tower on adjoining properties. Section 17.06.B.3 of the Zoning Ordinance specificallyoutlines the factors to be considered when reviewing applications for towers. Factors Considered in Granting Special Use Permits for Towers.In addition to any standards for consideration of special use permit applications pursuant to Chapter 2, Section 2.02 of this Zoning Ordinance, the Town Council shall consider the following factors in determining whether to issue a special use permit, although the Town Council maywaiveor reduce the burdenon the applicantofone or more ofthese criteria if the Town Council concludes that the goals of this ordinance are better served thereby: a.Height of the proposed tower; The proposed Saguaro is 26'tall.This is within the 30' height limit of the R1-6A/Resort zoning district.This requirement may be waived for communication towers as part of the Special Use Permit by the Town Council when deemed appropriate. Staff:Staff believes thatthe height of the tower will not create undue physical or aesthetic affects on the town,ornearby properties.The proposedheightis in scale with the area and is shorter than the nearby T-Mobile Saguaro antenna. The zoning ordinance requires that any tower be constructed so that its "fall down"distance (equal to the height of the tower)is entirely contained within the boundaries of the property it is located on. This is a precaution againstthe tower damaging adjoining properties orstructureson abutting property should it fall. This requirement may be waived as part of the Special Use Permit by the Town Council when deemed appropriate. Staff:The proposed location of the tower is 58.5'from the property line and meets this setback requirement.Should the Saguaro fall,it will fall on-site.Staff's opinion is that the proposed location on the property meets this requirement. b. Proximity of the tower to residential structures and residentially zoned district boundaries; The zoning ordinance requires that any tower within 300'of residentially zoned property receiveSpecial Use Permit approval from the Town Council. Staff:The tower will be in a residentially zoned property.However,there is a 246' distance to cross to reach the nearest residential lot to the west. This is less than the 300'requirement.Therefore,staff's opinion is that the residential setback requirements have NOT been met and a Special Use Permit is required. c.Nature of uses on adjacent and nearby properties; The property contains an existing multi-building hotel.There is another existing Saguaro tower approximately 30'from the proposed tower.The property to the north and east is the 18th fairway and green.The property to the south is Summer Hill Blvd and then the 10th fairway. Staff:Staff believes that the proposed Saguaro antenna will nothavea negative effectonthe surrounding properties should the tower fall during a storm oras a result ofan accident.Staff's opinion is that the requirement that the proposal notbe potentially detrimental to surrounding properties has been met. Page 2 of4 SU #2014-01 d.Surrounding topography; The surrounding topography will not present any problems withthe placement or use ofthe Saguaro. Staff:Staff's opinion is that the topography willnot affect the tower placement. e.Surrounding tree coverage and foliage; There is currently some desert tree coverage and foliage. Staff:Staff's opinion is that includingadditional landscaping near the tower could lessen the visual impact of a stand-alone Saguaro.Therefore,staff recommends that the tower includea landscaping plan for the area within 25'of the tower. f.Design of the tower,with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; The proposed antenna is designed to look likea Saguaro Cactus. Staff:Staff believes that by using this Saguaro Cactus design rather than a typical tower or monopole,the visual impact is lessened. f.Proposed ingress and egress; The proposed tower is located near the entrance to the property and is easily accessed bythe main driveway. Staff: The proposal has excellent access and egress. h. Availability of suitable existing towers,other structures,or alternative technologies not requiring the use of towers or structures,as discussed in Section 17.06(B)(4)of this chapter; Section 17.06.B.4 specifically relates to the construction of new towers where none previously existed. In such cases the town should require proofthat other less-obtrusive options are not available. Staff:The applicant states that there are no alternative towers in the vicinity.The applicant also states that there are no alternative technologies available and that Saguaro Cactus antennas are not typically designed for co-location. Risk Analysis (options or alternatives with implications): Approval ofthe Special Use Permit will result in a 26'tall Saguaro Cactus cell tower being placed at 9800 N.Summer Hill Blvd approximately 30*away from another existing 35'tall Saguaro cell tower.Denial of the Special Use Permit will requirethat the applicant seek an alternative site or antenna design. Fiscal Impact (initial and ongoing costs; budget status): None anticipated Budget Reference (page number):NA Funding Source:NA If Multiple Funds utilized,list here:NA Budgeted;if No,attach Budget Adjustment Form: NA Recommendation(s)by Board(s)or Commission(s): The Planning &Zoning Commission voted at their regular meeting of March 27, 2014 to forward a recommendation to the Town Council to APPROVE the proposed Saguaro Cactus antenna as presented and subject to the stipulations in the staff report. Staff Recommendation(s): Staff recommends that the Town Council APPROVE the proposed Special Use Permit to allowa 26' tall Saguaro Cactus antenna located at 9800 N.Summer Hill Blvd subject to the following stipulations: 1. The masonry wall surrounding the equipment at ground level shallbe a wall a minimum of eight feet in height and shall be constructed and finished to the specifications of the existing structures on the site. Page 3 of4 SU #2014-01 2. An acceptable landscaping plan for the immediate area within 25' of the tower must be submitted with the Building Permit application.Landscaping must be installed prior to the issuance of a Certificate of Occupancy. 3.Subject to development in accordance with the revised plans dated 10/12/11;and drawn by Young Design Corp. 4.Subject to the applicants fulfilling the Public Art requirement by providing one of the following prior to the issuance of a Certificate of Occupancy: a. Exterior public art of an appraised or invoiced value equal to or greater than 1% of the cost of building construction and associated site work and signage.Water features using recycled water are preferred; b. A donation to the Fountain Hills Public Art Fund in an amount equal to or greater than 1% of the cost of building construction and associated site work and signage. List Attachment(s): 1.Application 2.Applicant's Narrative Report 3.Location Map 4.Site Plan (7 pgs) 5.Case #SU2011 -06 Approval Letter 6.3/27/14 P&Z Commission meeting minutes SUGGESTED MOTION (for Council use): Move to APPROVE the proposed Special Use Permit to allow a 26'tall Saguaro Cactus antenna located at 9800 N. Summer Hill Blvd subject to the stipulations contained in the staff report.(Case # SU 2014-01) Prepared by: (Robert (Rodgers Robert Rodgers,Senior PlarfneT 4/8/2014 Director's Approval: 4/9/2014 Approved: K&A %JLKCJX^U^^^ Ken Buchanan,Town Manager 4/10/2014 Page 4 of4 CASE MAP DO Not write in this space -official use only Filing Date ^IdSJAtoH Accepted By ""%.fesA^-o J.^w^- Fee Accepted J^Vk.OcT Cfe#-l [JS^:Assoc Case Managerl^Vo Rt*JL^u«^ The Town of Fountain Hills 55£.£"D^x-<a-< 5"/.12.=-£>5.&o PLANNING &ZONING DEPARTMENT -APPLICATION U>ic>.&o - Abandonment (Plat or Condominium) Area Specific Plan &Amendments Condominium Plat Appeal of Administrator's Interpretation Concept Plan Cut/Fill Waiver - Development Agreement General Plan Amendment Planned Unit Development HPE Change or Abandonment Ordinance (Text Amendment) Preliminary / Final Plat Replat (Lot ioins, lot splits,lot line adjustments) Rezoning (Map)y Special Use Permit &Amendments Site Plan Review (vehicles sales)Temporary Use Permit (Median Fee,if applicable) - Variance Other PROJECT NAME/NATURE OF PROJECT:^Q_£^I^Wt^n /\l *''**-Utt k>w^ LEGAL DESCRIPTION:Plat Name Block Lot PROPERTY ADDRESS:jLj£J 3 u/^m^HJQ &M • PARCEL SIZE (Acres)5"<S^ASSESSOR PARCEL NUMBER jjj llg;^>15;S^ NUMBER OF UNITS PROPOSED jJfrY EXISTING ZONING &]*b# AEplicant ^ ^ Mrs.James Gardner,Shaw and Associates •v^O^> Mr./ MS.Address:202 w Roosevelt St.121C Email: Owner Mrs.Eagle Mountain Resort,LLC Mr. Ms.Address:9800 N-Summer Hill Blvd. TRACTS }Wt_ PROPOSED ZONING R I - &*/*- City:Phoenix _ Day Phone 928-821-0204 State:az zip:85003 Day Phone 480-816-3000 Qty:Fountain Hills State:AZ Zip:85268 Ifapplication is being submittedbysomeone other mustbe completed. ie owner ofthe property under consideration,the section below DATESIGNATUREOFOWNERl\>-- I HEREBY AUTHORIZE (r&-i^A^"gy\^<S tTft Please Print Subscribed and sworn before me this day of Notary Public 3wv--aX £^<^_^r>v My Commission Expires, 1355" -LLC «*l^°H-8 TO RLE THIS APPLICATION. , 20 . MUNIS _ APPLICATION #SU SLOi^-Ql 4-103- redact PHO Eagle Mountain Narrative Proposed Use The site at the Inn at Eagle Mountain property, APN 217-30-791,will be used for a Verizon telecommunications tower. The area used will be approximately 22' x 20',surrounded with an eight foot (8')tall perimeter wall that will be finished and painted to match the surrounding aesthetics.The tower will be disguised as a 26'tall saguaro cactus that will blend in with the existing vegetation. There is an existing T-Mobile saguaro cactus tower close to this location. Operations of the Use The site will be used for a Verizon Telecommunication tower and accompanying equipment. Although the site will be unmanned, once completed it will require routine monthly maintenance - once a month - for a few hours at a time for site maintenance and equipment updates. Facilities Proposed for the Land Use The facilities located at this site will consist of an equipment cabinet that will house the electronic equipment needed to run the tower, a diesel backup generator, and the tower itself. The equipment cabinet and generator will be located within the 8'perimeter wall and the saguaro tower will be located outside of the perimeter wall structure,adjacent to the south. Adverse Impact The site will not have any adverse impact on the surrounding properties. The tower itself will be designed to look like a native saguaro cactus, which will blend in with the surrounding native desert. The tower will look similar to the existing T-Mobile cactus that will be located a short distance away. The equipment perimeter wall will be finished to blend with the existing perimeter wall that exists at this location that houses the T-Mobile equipment and trash receptacles for the resort. The noise generated from the site will be minimal, and will not have any adverse effect on the surrounding properties. The equipment cabinet will house two air conditioning units that will be similar in noise level to residential home units. The diesel backup generator will only be switched on if the power fails to the Verizon site, or during the weekly 30 minute cycle process that can be set to run at any time, depending on the parcel owner's preference. The generator sounds equivalent to a diesel engine when activated. 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Dear Mr.Mott: Notice is hereby given that the above-noted Special Use Permit to allow a 26'tall Saguaro Cactus antenna was approved at the December 1,2011 regular Fountain Hills Town Council meeting.The Town Council's decision is subject to the following stipulations: 1. The masonry wall surrounding the equipment at ground level shall be a wall a minimum of eight feet in height and shall be constructed and finished to the specifications of the existing structures on the site. 2. An acceptable landscapingplan forthe immediatearea within 25'of thetower must be submittedwith the Building Permit application. Landscaping must be installed prior to the issuance of a Certificate of Occupancy. 3. Subjectto development inaccordance withthe revisedplans dated 10/12/11;and drawn byYoung Design Corp. 4. Subjectto the applicantsfulfillingthe PublicArt requirementby providingone of the following priorto the issuance of a Certificate of Occupancy: a. Exterior public art of an appraised or invoiced value equal to or greater than 1%of the cost of building construction and associated site work and signage.Water features using recycled water are preferred; b. A donation to the Fountain Hills Public Art Fund in an amount equal to or greater than 1%of the cost of building construction and associated site work and signage. Feel free to contact this office if you have any further questions. Sincerely, ^p6er^odgers Senior Planner 16705 E.Avenue of the Fountains -Fountain Mills,Arizona 85268 -(480)837-2003-Fax (480)837-3145 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE PLANNING &ZONING COMMISSION MARCH 27,2014 Chairman Lloyd Pew opened the meeting at 6:30 p.m. The following Commissioners were present: Chairman Lloyd Pew,Vice-Chairman Michael Archambault,Commissioners Angela Strohan,Stan Connick,and Steven Harris.Also in attendance were Paul Mood,Director of Development Services, Robert Rodgers Senior Planner, and Janice Baxter Executive Assistant and Recorder of the Minutes.Commissioner Gene Slechta was unable to attend and notified staff in advance. Chairman Lloyd Pew requested participation in the Pledge of Allegiance and a moment of silent reflection. ROLL CALL: Commissioner Stan Connick present Commissioner Steven Harris present Vice-Chairman Mike Archambault present Chairman Lloyd Pew present Commissioner Angela Strohan present Commissioner Gene Slechta absent CALL TO THE PUBLIC No one wished to speak. AGENDA ITEM #1 -CONSIDERATION of APPROVING the meeting minutes from the regularsessionof the PlanningandZoningCommissiondated Thursday,February 27,2014. Vice-Chairman Mike Archambault MOVED to APPROVE the meeting minutes dated Thursday,February 27, 2014, as written. CommissionerSteven Harris SECONDED.A roll call was taken and the MOTION CARRIED 5 -0. Chairman Lloyd Pew aye Vice-Chairman Mike Archambault aye Commissioner Steven Harris aye Commissioner Stan Connick aye Commissioner Angela Strohan aye AGENDA ITEM #2 -PUBLIC HEARING of a SPECIAL USE PERMIT for Verizon Wireless, to allow the installation of a 26'tall stealth Saguaro cellular antenna array at 9800 N. Summer Hills Boulevard, located in the "R1-6A/Resort"zoning district. Case Number of SU2014-01. Page 1 of 6 Robert Rodgers gave a presentation and included a PowerPoint presentation (Exhibit "A").Mr. Rodgers stated that this was a repeat application by Verizon Wireless for a Special use Permit to erect a faux Saguaro Cactus cell tower at 9800 N.Summer Hill Boulevard within the Rl- 6/Resort zoning district. The tower was approved in December 2011,in Case Number 2011-06, but was not acted upon within 6 months, so the permit lapsed. Mr.Rodgers stated that the proposal was to place the tower on "The Inn at Eagle Mountain" property,west of the Eagle Mountain Golf Course's 18th green and would be adjacent to the existing T-Mobile-faux saguaro. Mr. Rodgers continued to say that the site plan showed that the tower would be located along the driveway to the Inn and very near the other tower with the equipment walled to look like the existing equipment area. . He stated that parking and accessibility were good. Mr. Rodgers added that the tower would be 26-feet tall (9-feet shorter than the existing 35-foot tall tower) and would be designed to look like a saguaro cactus. Mr. Rodgers explained that the Town's Zoning Ordinance outlined eight (8) factors to be considered in order to grant a Special Use Permit for a cell tower. It was determined by staff that the applicant had met the following factors: S The maximumheight in this district is 30-feetwitha 100%fall-downdistance. The tower wouldbe 26-feet tall and 58.5-feetfrom thenearestpropertyline. S The tower would not be detrimental to nearby properties and would looklikea saguaro cactus to hopefully blend in better than the existing one. S The surrounding topography would notaffecttower placement. S Thetowerdesign,as a stealthcactuswasfittingfor the area. S Access to the tower was excellent. S There were currently no alternative locations or structures immediately available. Mr.Rodgersthen pointed out that there were two (2) factorsthat staff felt was not yet met. •Proximity of the tower to residential zones If a tower was within 300-feet of residentially zonedproperty a Special Use Permit was required and this tower would be in a residentially zonedarea and was the reason for this Special Use Permit application. • The surrounding foliage was natural desert landscaping and could benefit from some additional plantings. Staffhas requested a stipulation that required a landscaping plan. *•.'• Page 2 of6 Mr. Rodgers added that staff recommended the Commission forward a recommendation to the Town Council to approve the Special Use Permit subject to the stipulations as outlined in the staff report as noted: 1.The masonry wall surrounding the equipment at ground level shall be a wall a minimum of eight feet in height and shall be constructed and finished to the specifications of the existing structures on the site. 2. An acceptable landscaping plan for the immediate area within 25-feet of the tower must be submitted with the building permit application.Landscaping must be installed prior to the issuance of a Certificate of Occupancy. 3.Subject to development in accordance with the revised plans dated October 12,2011 and drawn by Young Design Corporation. 4. Subject to the applicants fulfilling the Public Art requirement by providing one of the following prior to the issuance of a Certificate of Occupancy: a.Exterior public art of an appraised or invoiced value equal to or greater than 1%of the cost of building construction and associated site work and signage. Water features using recycled water are preferred; b. A donation to the Fountain Hills Public Art Fund in an amount equal to or greater than 1%of the cost of building construction and associated site work and signage. James Gardner, Shaw and Associates, was present as the representative for the applicant and available to answer questions from the Commissioners. AGENDA ITEM #3 -CONSIDERATION of a SPECIAL USE PERMIT for Verizon Wireless, to allow the installation of a 26'tall stealth Saguaro cellular antenna array at 9800 N. Summer,Hills Boulevard,located in the "R1-6A/Resort"zoning district.Case Number of SU2014-01. Chairman Pew asked for questions or discussions from the Commissioners. No questions or discussions were initiated. Vice-Chairman Michael Archambault made a MOTION to FORWARD A RECOMMENDATION to the Town Council to APPROVE the proposed Special Use Permit to allow a 26-foot tall saguaro cactus antenna located at 9800 N. Summer Hill Boulevard subject to the stipulations containedinthe staffreport. CommissionerStevenHarris SECONDED and the MOTION CARRIED 5-0. AGENDA ITEM #4-CONSIDERATION of the "Adero Canyon Parcel 1"PRELIMINARY PLAT,a 30-lot single-familysubdivisionlocated in Maricopa County,Township 3 North, Range 6 East;Section 17.Case Number S2014-03. Page 3 of6 Robert Rodgers gave the presentation and included a PowerPoint presentation (Exhibit "B"). Mr. Rodgers stated that this was an application by MCO Properties for a Preliminary Plat approval for Adero Canyon,Parcel 1. He continued to point out that Parcel 1 was located off the current end of Eagle Ridge Drive and would be the first parcel on the left;south side of Eagle Ridge Drive in Adero Canyon. Mr.Rodgers showed the location of Parcel 1 in relation to the rest of the Adero Canyon development currently being proposed and he pointed out that this location was on the south side of Eagle Ridge Drive and was abutting Scottsdale on the south (Hidden Hills)and west (Scottsdale Mountain Estates). Mr.Rodgers explained that Parcel 1 would remain under Rl-6 and Rl-8 zoning and would be developed as 30-semi-custom single-family homes on approximately 44.8 acres with lot sizes ranging from 15,000 square feet to 18,399 square feet. He continued to say that three open spaces,tracts would create a buffer to surrounding areas and have a combined area of 24.72 acres and the proposed private gated roadway would be a 2,106 foot long cul-de-sac beginning at Eagle Ridge Drive and goes in a general southeasterly direction. Mr.Rodgers pointed out that the roads,grading,cut and fills,sidewalks and curbs would all be constructed to the "Hillside Local Road Standards"as modified in the Adero Canyon Settlement Agreement. Mr. Rodgers continued that there was a 236-foot long emergency vehicle access drive installed between the end of the new cul-de-sac and the Hidden Hills subdivision in Scottsdale and that this access would be gated and used during emergencies only. Mr. Rodgers added that a 2,047-foot long bike trail extension would be included from Hidden Hills, which connects to Eagle Ridge.Drive and this portion of the trail would be constructed according.to the City of Scottsdale standards as they are the owners'of the access easement. Mr. Rodgers stated that a 97-foot long access would also be provided to Scottsdale Mountain Estates, a previously approved, but inaccessible subdivision in Scottsdale and was approved for 13 single-familylots and those lots were expected to also be gated. In conclusion, Mr. Rodgers explained that this was a preliminary plat that establishes the basic layout of the subdivisionand that no buildable lots were being created. Mr. Rodgerspointedout that all the proposed lots conformed to present zoning requirements and the roadway would be constructed to the modified "MOUNTAIN"hillside local subdivision standards. Staff recommended that the Planning and Zoning Commission approve the "Adero Canyon Parcel 1" PRELIMINARY PLAT as presented subject to compliance with all Fountain Hills Ordinance standards as modified in the "Adero Canyon Settlement Agreement". Mr. Paul Gilbert, Beus Gilbert, PLCC, Paradise Valley, spoke as a representative of the applicant.Mr.Gilbert wanted to state for the record that he asked the Commission to focus on the fact that this requestwas not part of the PAD previously submitted.Mr. Gilbertpointed out that the zoning on this preliminary plat had not changed from Rl-6 and Rl-8 zoning. He requested that the Commission also focus on the fact that the Developer was building at a much Page 4 of 6 lower density that otherwise would be allowed. Mr. Gilbert added that this project was important because it contained the realignment of Eagle Ridge Drive and the realignment of the power line corridor giving access connections to a Scottsdale subdivision. Mr.Gilbert added that the applicant had reviewed and accepted the staff report including the recommendations and stipulations in regards to the revised settlement agreement. Chairman Pew pointed out that this was not a public hearing but he would allow the three (3) public speakers to give their comments to the Commission. The following "Request to Speak"(Exhibit "C")cards were received to speak on this issue: 1. Dean Wieber,Fountain Hills wanted to request a condition,of the approval should be added that the Town of Fountain will require access to the trailhead. 2.Vlad Hermann,Scottsdale,wanted access to the trailhead. 3. Steve Gollehon,Hidden Hills,Scottsdale spoke to the lack of separation between the two southern most lots and his property. Chairman Lloyd Pew reaffirmed with Mr. Rodgers that the trailhead issue was part of the settlement agreement and not part of this plat. Mr. Rodgers concurred and stated that the trail connection would be continued.Mr. Rodgers pointed out that the trail would basically go up Eagle Ridge Drive and was not part of this plat (but just outside); the only trail on this plat was the bike trail. Vice-Chairman Michael Archambault made a MOTION to FORWARD A RECOMMENDATION to the Town Council to APPROVE the "Adero Canyon Parcel 1" PreliminaryTlat for 30 single-family house lots on approximately 44.8 acres, as presented and subjectto compliance with all Fountain Hills Ordinance standards as modified in the Adero Canyon Settlement Agreement. Commissioner Steve Harris SECONDED and the MOTION CARRIED 5-0. AGENDA ITEM #5 -COMMISSION DISCUSSION/REQUEST FOR RESEARCH None AGENDA ITEM #6-SUMMARY OF COMMISSION REQUEST from Senior Planner. None AGENDA ITEM #7 -REPORT from Senior Planner and Zoning Administrator,Planning and Zoning Division of Development Services. Nothing to report. Page 5 of 6 <f* AGENDA ITEM #8 -ADJOURNMENT. Vice-Chairman Michael Archambault MOVED to adjourn and Commissioner Stan Connick SECONDED and the MOTION CARRIED 5-0. The meeting ADJOURNED at 7:00 p.m. FOUNTAIN HILLS PLANNING &ZONING COMMISSION BY: Chairman Lloyd Pew ATTEST: Janice Baxter,Recorder CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the meeting of the Fountain Hills Planning and Zoning Commission held on the 27th day of March 2014,in the Town Council Chambers,16705 E.Avenue of the Fountains,Fountain Hills,AZ 85268. I further certify that the meeting was duly called and that a quorum was present. 7thDatedthis27in day of March 2014 Janice Baxter,Recorder Page 6 of 6 Issue 13 - A pril 4, 2014 Legisla tiv e Ov erv iew Th e fisc al year 2014-15 (FY 15) b u dge t c o ntinu es to do minate the landsc ape at the Capito l as th e Exe c utive an d Legislative branc hes grapple to c o bble a budge t c apable o f o btain ing th e ne c essary suppo rt to ge t ac ro ss th e fin ish lin e. The Sen ate too k up the Ho use's modified bu dget at the begin n ing o f the we ek, passin g it o ut o n April 1 large ly alo n g party lines, but no t witho ut modific ation s. A c omparison of the Ho use an d Se nate budge ts c an be fo un d h ere. Later th at day, th e Ho use re fu se d th e c h anges made in the Se nate and se nt th e budge t to Co nfe re nc e Committee fo r furth er c h anges. O n Thursday, the Ho use appo inted th r e e c on feree s to a Fr e e Con feren c e Co mmittee , but the Sen ate h as yet to fo llo w suit. Bo th c hambe rs stand adjou rn ed u n til M o nday. Bud ge t ne go tiatio ns are likely to c on tin ue, but it is un c lear what the ou tc o me will be and ho w c lo se the Legislatu re is to adjou rn ing fo r the year. Utility Ta x Exemptions Th is we ek, SB 1413 (taxes; manu fac turers' e lec tric ity sale s; exemptio n) passe d ou t o f th e Ho u se Co mmitte e of th e Wh o le (CO W). Spo nso red by Senato r Steve Yarbrou gh (R-Ch andle r), SB 1413 e xempts ele c tric ity used in manu fac turing an d smelting operatio ns from state tran sac tio n p rivilege taxe s (TPT) an d stipu late s th at if a c ity or to wn wish es to provide a similar exemptio n it mu st be provide d to all manufac ture rs an d mu st have th e same de fin itio ns as th e state. Th e Leagu e is ne utral o n the bill, whic h was amen ded in CO W with a sub stitu te flo o r amendment to make te c hn ic al c h anges and to inc lu de n atu r al gas in th e TPT exe mptio n. Th e bill no w awaits Third Read in th e Hou se . Specia l Taxing Districts O n Thu rsday, SB 1415 (mu nic ipal ele c tio ns; majority vo te c alc ulation ) was sc h edu led to be c o nsidered by th e Hou se Co mmittee of the Wh o le. Th e bill bec ame th e su bje c t of a strike-e ve r yth in g ame ndme nt that will severely limit the u tility o f Commu nity Fac ilities Distric ts (CFD) in Arizon a by plac in g new an d arbitrary bon d limits o n spec ial taxing distric ts. Th e Le ague o ppo ses the striker be c ause it will harm Arizo na's ability to mo ve be yo nd the e c on o mic do wnturn. Th e bill was u ltimately retaine d o n th e c ale ndar. Th e o riginal bill, spo nso red by Se nato r Steve Yarbro u gh (R-Ch andle r) re fo rmulates th e majority vote thresho ld nee ded fo r de te rmin ing wh ether a munic ipal c andidate wins an ele c tio n o utr igh t du rin g th e primary o r must pro c e e d to a ge n eral e le c tio n . Witho ut this c h ange, taxpayers will h ave to fund a run o ff ele c tio n th at o therwise may not be n ec e ssary. Alth o ugh the bill an d the striker did n o t move th is week, bo th issu es are impo rtan t e n o u gh fo r c ities an d to wns to ke ep a c lo se eye o n . Th e League c o ntinue s to explo re alternate paths to see the elec tio n vote c alc u latio n c hange s enac te d in to law. Other Bills of Note (All bills being ac tive ly mon ito re d by the League c an be fo und he re .) Bi ll Number - Short Title - Subject(s) HB 2050: ASRS membersh ip; se c tio n 218 requ ire ments - public safe ty Legis lative Bulletin is p ublished b y the League of Ar izona Cities and Towns. For war d your comments or suggestions to league@azleague.or g.