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Home My WebLink About140501PREVISED: 4/28/14 NOTICE OF THE EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 5:30 P.M. - EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2nd floor) 6:30 P.M. - REGULAR SESSION WHEN: THURSDAY, MAY 1, 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:\council packets\2014\r140501\140501a.docx Last printed 4/28/2014 3:47 PM Page 2 of 4 EXECUTIVE SESSION AGENDA  CALL TO ORDER – Mayor Linda M. Kavanagh 1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT to A.R.S. §38-431.03.A.4: Discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body’s position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation. (Specifically, negotiations with the developer regarding Adero Canyon). 2. ADJOURNMENT REGULAR AGENDA  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh  INVOCATION – Reverend Bill Good, Fountain Hills Presbyterian Church  ROLL CALL – Mayor Linda M. Kavanagh  MAYOR’S ACTIVITY REPORT  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor may review recent events attended relating to economic development. ii) Recognition of State Representative John Kavanagh for being awarded the Arizona League of Cities and Town’s Champion Award. 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. z:\council packets\2014\r140501\140501a.docx Last printed 4/28/2014 3:47 PM Page 3 of 4 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from April 17, 2014. 2. CONSIDERATION of a FINAL REPLAT at 15552, 15538, & 15524 E. Palatial Drive; AKA Palatial Estates Lots 17, 18 & 19 (APN’s 176-13-975, 176-13-976, 176-13-977). 3. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by John Hosoo Park, Owner/Agent of Katana located at 16425 E. Palisades Blvd, Suite 103, Fountain Hills, AZ. This is for a series 12 license (Restaurant). REGULAR AGENDA ITEMS 4. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the potential to combine the Community Services Department’s advisory commissions. 5. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding Phase VI of the improvements to Fountain park specific to bollards along the sidewalk and signage. 6. PUBLIC HEARING to receive comments on RESOLUTION #2014-07, a proposed MINOR AMENDMENT to the Town of Fountain Hills General Plan 2010 to revise land use and increase the number of dwelling units within the 80-acre PAD zoning district in the Adero Canyon master planned residential development. Case #GPA 2013-01 7. CONSIDERATION of RESOLUTION #2014-07, a proposed MINOR AMENDMENT to the Town of Fountain Hills General Plan 2010 to revise land use and increase the number of dwelling units within the 80-acre PAD zoning district in the Adero Canyon master planned residential development. Case #GPA 2013-01 8. CONSIDERATION of RESOLUTION #2014-08, approving the AMENDED AND RESTATED SETTLEMENT AGREEMENT for ADERO CANYON. Case #DA 2014-0 9. PUBLIC HEARING to receive comments on ORDINANCE #14-01, an amendment to the Town of Fountain Hills Zoning Ordinance and Zoning Map to change the zoning on 80 acres from R1-43, R1-8 and R1-6 (Single-family Residential) to ADERO CANYON PAD. Case #Z 2013-06 10. CONSIDERATION of ORDINANCE #14-01, an amendment to the Town of Fountain Hills Zoning Ordinance and Zoning Map to change the zoning on 80 acres from R1-43, R1- 8 and R1-6 (Single-family Residential) to ADERO CANYON PAD. Case #Z 2013-06 11. CONSIDERATION of a proposed PRELIMINARY MASTER REPLAT for ADERO CANYON. Case #S 2013-06 12. CONSIDERATION of the “Adero Canyon Parcel 1” PRELIMINARY PLAT, a 30-lot single-family subdivision. Case Number S2014-03 13. CONSIDERATION of RESOLUTION 2014-19, adopting the maximum amount for the Town of Fountain Hills’ Fiscal Year 2014/15 Tentative Budget with appropriate direction to publish said documents in accordance with state law. The Council may address any or all items contained in the budget document and initiate any changes prior to the adoption. 14. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN or relating to any ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE. z:\council packets\2014\r140501\140501a.docx Last printed 4/28/2014 3:47 PM Page 4 of 4 15. 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: NONE. 16. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 17. ADJOURNMENT. DATED this 28th 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:5/1/2014 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 (Agenda Language): PUBLIC HEARING to receive comments on RESOLUTION #2014-07,a proposed MINOR AMENDMENT to the Town of Fountain Hills General Plan 2010 to revise land use and increase the number of dwelling units withinthe 80-acre PADzoning district inthe Adero Canyon master planned residential development. Case #GPA2013-01 CONSIDERATION of RESOLUTION #2014-07,a proposed MINOR AMENDMENT to the Town of Fountain Hills General Plan 2010 to revise land use and increase the number of dwelling units within the 80-acre PAD zoning district in the Adero Canyon master planned residential development. Case #GPA2013-01 CONSIDERATION of RESOLUTION #2014-08,approving the AMENDED AND RESTATED SETTLEMENT AGREEMENT for ADERO CANYON.Case #DA2014-0 PUBLIC HEARING to receive comments on ORDINANCE #14-01,an amendment to the Town of Fountain Hills Zoning Ordinance and Zoning Map to change the zoning on 80 acres from R1 -43, R1-8 and R1-6 (Single- family Residential)to ADERO CANYON PAD.Case #Z2013-06 CONSIDERATION of ORDINANCE #14-01,an amendment to the Town of Fountain Hills Zoning Ordinance and Zoning Map to change the zoning on 80 acres from R1-43,R1-8 and R1-6 (Single-family Residential)to ADERO CANYON PAD.Case #Z2013-06 CONSIDERATION of a proposed PRELIMINARY MASTER REPLAT for ADERO CANYON. Case #S2013-06 CONSIDERATION of the "Adero Canyon Parcel 1" PRELIMINARYPLAT, a 30-lot single-family subdivision. Case #S2014-03 Adero Canyon Town Council Staff Report Applicant:Paul E.Gilbert,Beus Gilbert PLLC Owner:Adero Canyon LLC /Jeremy Hall 13620 N.SaguaroBlvd Fountain Hills,AZ 85268 Applicant Contact Information: Beus Gilbert PLLC 701 N.44th Street Phoenix,AZ 85008 (480)429-3000 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: Ordinance #14-01 Amendment to the OfficialZoning Map Resolution #2014-07 Amendment to the General Plan Zoning Ordinance Section 2.01 -Amendments or Zone Changes Zoning Ordinance Chapter 23 -Planned Area Development (PAD) District Subdivision Ordinance Article 2 - Platting Procedures Subdivision Ordinance Article 3 - Subdivision Design Principles &Standards Subdivision Ordinance Article4 - Public Improvement Requirements Subdivision Ordinance Article 5 -Grading Standards Subdivision Ordinance Article 6 -Landscaping Standards 2010 General Plan Chapter 3 - Land Use Map -(Figure 11) Staff Summary (background): SURROUNDING LAND USES AND ZONING: NORTH:Town of Fountain Hills McDowell Mountain Preserve (OSP) SOUTH:Cityof Scottsdale (Single-FamilyResidential) (R1-7, R1-18 &R1-43) EAST:Copperwynd Resort (R5 PUD)&Sunridge Canyon Open Space (OSR) WEST: City of Scottsdale Mountain Preserve (R1-43) MINOR GENERAL PLAN AMENDMENT:(RES #14-07)(Case #GPA2013-01) As outlined in the 2010 General Plan, a Land Use designation change for a residential density increase affecting 80 acres or less requires a Minor General Plan Amendment.The 2010 General Plan currently designates the majority of this property as "Single Family/Very Low"and "Open Space". The proposed General Plan amendment relates to three parcels within the proposed Adero Canyon PAD.The amendment will change the land use designations in these newly formed PAD parcels as follows: Parcel 7:Proposed to be SF/Medium.This area is designated as "SC" in the Adero Canyon PAD. Parcel 8:Proposed to be MF/Medium. This area is designated as "TH"in the Adero Canyon PAD. Parcel 10:Proposed to be MF/High.This area is designated as "MF" in the Adero Canyon PAD. As the proposed amendment is strictly to accommodate a residential intensity increase,and the area affected is less than 80 acres,the Minor Amendment process is being followed. Page 2 of9 Adero Canyon Town Council Staff Report AMENDED &RESTATED FINAL SETTLEMENT AGREEMENT:(RES #14-08)(Case #DA2013-01) Prior to this application,the town entered into an agreement (Settlement Agreement)with the developerthat, among other things,outlined the development potential of the Adero Canyon property.Resolution #2014-08 amends that Settlement Agreement. This amended and restated agreement outlines numerous responsibilities and conditions for both the developer and the town during the development process.Staff has reviewed the Plat, PAD, and General Plan Amendment proposals for compliance with the terms of that amended agreement and has determined that the proposals are compatible with those terms. The Amended &Restated Final Settlement Agreement addresses the issues of,and includes provisions for, Traffic mitigation,Increasing the Adero Canyon Disturbance Allowance (89 acres to 95 acres),Waivers for certain Cut/Fill areas,Grading,Curbs,On-Street Parking,Sidewalks,and Specialty Signage. The agreement also addresses the abandonment of the existing bike trail easement and the creation of a new off-street bike path connection to the Hidden Hills subdivision in Scottsdale,as well as the other differences between what was previously permitted under the Settlement Agreement and the current changes in density, zoning, and land use designations created as a result of the increase in total dwelling unit density from 171 to 343 units in the PAD and Preliminary Master Plat. Additional topics dealt with include a deed restriction release for the Community Theatre property,a land swap between the Town and Eagles Nest for a potential new Fire Station,Trailhead access before,during,and after construction,Access to SRP Aesthetics funding for power line relocation,and Project Phasing. PLANNED AREA DEVELOPMENT:(Adero Canyon PAD)(ORD #14-01)(Case #Z2013-06) The property is currently zoned for single-family residential development.The R1-6, R1-8 and R1-43 zoning districts are currently affecting this property.Parcels 7, 8, 10 and 10C make up the 79.9 acres that are proposed to be rezoned to "Adero Canyon PAD". The Adero Canyon PAD will change the residential product from single-family hillside custom lots to a mixture of housing types including condominium/hotel units,townhouses,and smaller single-family semi-custom lots. The density changes will increase the development's total residential unit count from 171 dwelling units to 343 dwelling units. The breakdown is as follows: 31 PAD Semi-Custom SF lots in Parcel 7 44 PAD Townhouses in Parcel 8 120 PAD Condominium/Hotel units in Parcel 10 30 Standard Semi-Custom SF lots 118 Standard Custom lots 343 TOTAL Dwelling Units Parcel 10C,also included in the PAD, will be the site of the Administrative and Sales office for the Adero Canyon development. It should be noted that the 120 condominium/hotel units will potentially be added to the Copperwynd Resort rental pool.Negotiations toward this are currently under way. If this does not occur,the condominiums may be sold individually as normal. Or, a new stand-alone hotel may be established subject to Special Use Permit approval by the Town Council. Note also that the condominiums are being allowed an increased height (40') to allow for up to three stories. Page 3 of9 Adero Canyon Town Council Staff Report The minimum zoning bulk and coverage controls for the four new proposed PAD districts are outlined in the attached table (Exhibit A).The corresponding site and architectural design standards will be established inthe homeowner association's CCRs and will compliment the designs used in the remaining portions of Adero Canyon. PRELIMINARY MASTER PLAT:(Case #2013-06) This proposal is for approval of a Preliminary Master Plat entitled "Adero Canyon", a 431+acre area formerly known as the Eagle Ridge North subdivision (MCR #58026).The proposed 11 parcels range in size from % acre to 82.1 acres in size.Proposed parcels 7, 8, 10 and 10C make up the 79.9 acres which are being rezoned to "Adero Canyon PAD" which will be further outlined below. Parcels 2, 3, 4, 5, 6,and 9 will remain under R1-43 zoning and will be developed as single-family homes on one acre or larger lots.These parcels will have a total of 118 custom hillside homes on approximately 226.9 acres. Parcel 1 will remain under R1-6 zoning and will be developed as single-family homes on 10,000 sf or larger lots.This parcel will contain a total of 30 semi-custom homes on approximately 44.8 acres. PAD Parcel 7 will be developed under the new "SC"district as single-family homes on 10,000 sf or larger lots. This parcel will contain a total of 31 semi-custom homes on approximately 30 acres. PAD Parcel 8 will be developed under the new "TH"district with 44 townhouses and/or attached single-family homes on approximately 25 acres. PAD Parcel 10 will be developed under the new "MF"district with 120 condominiums and/or hotel units on approximately 12.2 acres. PAD Parcel 10C will be developed under the new "SA"district with the sales and administrative offices on approximately 1/4 acre.This parcel is located between the northbound and southbound lanes of Eagle Ridge Drive near the entrance to Adero Canyon. Overall density of the Adero Canyon subdivision is proposed to increase from the previously approved 171 dwellings to 343 dwellings on approximately 431 total acres.Or,approximately 0.8 dwelling units per acre. Eagle Ridge Drive will be extended from its current end point near the Copperwynd Resort approximately 1.5 miles to the location of the town's approved,but not yet constructed,Central Trailhead.Eagle Ridge Drive will be constructed in two phases. Phase 1 includes the paved road up to the Parcel 2 entrance and an all-weather graded and compacted road the remainder of the way to the trailhead.This phase also includes temporary sanitary and water and power services to the trailhead as well as the development of Parcel 1 and PAD parcels 7,8,10,andlOC. Phase 2 includes completing the remainder of Eagle Ridge Drive and the development of the remaining parcels 2, 3, 4, 5, 6,and 9. The applicant is proposing to install a concrete meandering path in lieu of the standard roadside sidewalk along the length of Eagle Ridge Drive.Staff has reviewed this proposal and also looked at similar pathways in other communities.The Town will accept the meandering concrete sidewalk in lieu of the standard sidewalk as long as it is concrete,contained within the public right-of-way or within a public access easement,and can be certified by the applicant's civil engineer that it maintains ADA accessibility standards for its entire length. Page 4 of9 Adero Canyon Town Council Staff Report The Preliminary Master Platdoes notcreate any buildable lots.This Preliminary Master Platis administrative in nature and is designed to meet the guidelines set forth in State statutes in order to create a legal document which will define the development boundaries ofthe parcels. The Preliminary Master Plat defines development parcel boundaries to follow the parcel legal descriptions. The proposed Preliminary Master Plat relocates portions of Eagle Ridge Drive from its previously approved location in order to better accommodate the terrain constraints of the site.As the road does not yet physically exist, this will not interfere with any traffic. It will however, require that the existing right-of-way be abandoned and relocated.This is noted as a stipulation of the Preliminary Plat approval and will be completed concurrently with Final Plat approval. Whenever a development is proposed staff must review the request against the Zoning Ordinance and the General Plan Land Use Map to determine if the proposal is compatible with those documents and the long- term goals of the Town. Staff has determined that both the General Plan and the Zoning designations must be amended in order to allow for this development currently being proposed. Adero Canyon Parcel 1 Preliminary Plat:(Case #S 2014-03) Parcel 1 will remain under R1-6 and R1-8 zoning and will be developed as single-family homes on 15,000 sf or larger lots.Parcel 1 is not a part of the proposed Adero Canyon PAD. This parcel will contain a total of 30 semi-custom homes on approximately 44.8 acres.Lot sizes range from 15,000 sf to 18,399 sf. Three open space tracts B1, C1,and D1 will surround the home sites and create a buffer to surrounding areas. Their total combined area is 24.72 acres. The proposed private gated roadway (Tract A1)will be a 2,106 ft long cul-de-sac beginning at Eagle Ridge Drive and going in a general southeasterly direction.The grading,cut/fill,sidewalk,curb and road will be constructed to the Fountain Hills, Hillside Local standard as modified in the Adero Canyon Settlement Agreement. There will be a 236 ft long emergency vehicle access drive installed between the end of the new cul-de-sac and the Hidden Hills subdivision in Scottsdale.This access will be gated and used during emergencies only. A 2,047 ft long bike trail extension will be included from Hidden Hills which meanders through Tract C1 and connects to Eagle Ridge Drive. This portion of the trail will be constructed according to the City of Scottsdale standards as they are the owners of the access easement. A 97 ft long access to the new Parcel 1 roadway will also be provided to Scottsdale Mountain Estates,a previously approved,but inaccessible subdivision in Scottsdale on the western boundary of Parcel 1 of Adero Canyon.Scottsdale Mountain Estates is currently approved for 13 single-family lots. It is expected that this community will also be gated. Risk Analysis (options or alternatives with implications): Approval of the Minor General Plan Amendment will create consistency between the proposed "Adero Canyon PAD"zoning districts and the General Plan Land Use Map. Approval of the Amended &Restated Final Settlement Agreement will allow Approval of the "Adero Canyon PAD"Zoning Amendment will allowfor a more intense development density within the 80 acre PAD area.Approval of the proposed Preliminary Master Plat will allow the developer to move forward with subsequent Preliminary Plats, Final Plats,Condominium Plats,and ultimately Improvement Plans. Denial of one of the above proposals will necessitate the denial of them all since these proposals are all consistent with some provisions of the Amended and Restated Final Settlement Agreement and require that the applicants either revise the appropriate proposal and resubmit, or abandon the proposal. Page 5 of 9 Adero Canyon Town Council Staff Report Approval ofthe Adero Canyon Parcel 1 Preliminary Plat will allow the applicants to subdivide and develop the property as a 30 lot single-family residential subdivision. Denial of the Adero Canyon Parcel 1 Preliminary Plat will require that the applicants re-design aspects of the proposal in order to address the reasons for denial. Fiscal Impact (initial and ongoing costs;budget status): Approval of the Minor General Plan Amendment,the Planned Area Development (PAD),the Preliminary Master Plat,and the Parcel 1 Preliminary Plat are not anticipated to create any fiscal impact to the town. Approval of the Amended and Restated Settlement Agreement will create,or continue certain obligations regarding the maintenance of temporary trailhead utilities,and allow the developer to access SRP aesthetics funds in order to relocate some overhead power lines and replace wood poles with metal poles. 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)orCommission(s): 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 causes 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 was 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 had to be completed.The Town staff and the developer have since resolved the complicated issues involved in amending the Settlement Agreement.Therefore,the Town Council's consideration of the Adero Canyon items has been scheduled for this May 1,2014 meeting. Staff Recommendation(s): 1.Staff recommends approval of the Minor General Plan Amendment as presented and subject to the following stipulations: A.The applicant shall comply with the terms and conditions outlined in Resolution #2014-07.(Minor General Plan Amendment) B.The applicant shall comply with the terms and conditions outlined in Resolution #2014-08.(Amended Settlement Agreement) 2.Staff recommends approval of the Amended and Restated Settlement Agreement as presented. 3.Staff recommends that the approval of the Adero Canyon PAD Zoning Text Amendment as presented and subject to the following stipulations: A.The applicant shall comply with the terms and conditions outlined in Ordinance #2014-01.(PAD Zoning) B.The applicant shall comply with the terms and conditions outlined in Resolution #2014-08.(Amended Settlement Agreement) Page 6 of9 Adero Canyon Town Council .StaffReport C.There shall be no "at risk"grading of any portion of the property priorto town approval of grading plans and/or improvement plans and the issuance of a grading permit. 4.Staff recommends that the Town Council approve the Adero Canyon Preliminary Master Plat as presented and subject to the following stipulations: A.The applicant shall comply with the terms and conditions outlined in Resolution #2014-08.(Amended Settlement Agreement) B.The applicant shall secure approval to provide domestic water service to this property prior to Final Plat approval. C.The applicant shall secure approval to provide domestic sewer service to this property prior to Final Plat approval. D.The applicant shall apply for Eagle Ridge Drive right-of-way abandonment as a condition of this approval and in concurrence with Final Plat approval showing the relocated road. E.There shall be no "at risk"grading of any portion of the property prior to town approval of grading plans and/or improvement plans and the issuance of a grading permit. F.Applicant shall provide concrete ADA compliant public sidewalks/pathways within the public right-of- way or within public access easements. 5.Staff recommends approval of the Parcel 1 Preliminary Plat as presented and subject to compliance with all Fountain Hills ordinance standards as modified in the Adero Canyon Settlement Agreement. SUGGESTED MOTIONS: Move to approve the Minor General Plan Amendment as presented and subject to the stipulations outlined in the staff report. Move to approve the Final Amended and Restated Settlement Agreement as presented and subject to the stipulations outlined in the staff report. Move to approve the Adero Canyon PAD Zoning Amendment as presented and subject to the stipulations outlined in the staff report. Move to approve the Adero Canyon Preliminary Master Plat as presented and subject to the stipulations outlined in the staff report. Move to approve the Adero Canyon Parcel 1 Preliminary Plat as presented and subject to the stipulations outlined in the staff report. Page 7 of 9 Adero Canyon Town Council StatTReport Attachment(s): 1.Applications 2.2/13/2014 P&Z Commission Minutes 3.Parcel Map 4.Resolution #14-07 5.2010 General Plan Land Use Map 6.Resolution #14-08 7.Amended &Restated Settlement Agreement 8.Ordinance #14-01 9.Adero Canyon PAD 10.Preliminary Master Plat (28 pgs) 11.Parcel 1 Preliminary Plat (8 pgs) 12.Miscellaneous Correspondence (70 pgs) Submitted by: (Robert <Rodgerj¥gj^4/28/2014 Name/Title Date Approved by: Approved by: ,fAr//. development Services Director Date Town Manager Date Page 8 of 9 Many moving parts dealing with issues of: Traffic mitigation Increasing the Adero Canyon Hillside Disturbance Allowance (89 acres to 95 acres) Waivers for certain Cut/Fill areas Grading Curbs & Sidewalks On-Street Parking Specialty Signage Bike trail easement and connection to the Hidden Hills subdivision in Scottsdale Changes in density, zoning, and land-use designations created as a result of the PAD Deed restriction release for the Community Theatre property Fire Station land swap between the Town and Eagles Nest Trailhead access before, during, and after construction Access to SRP Aesthetics funding for power line relocation Project Phasing. 118 Custom Hillside Lots (Parcels 2, 3, 4, 5, 6 & 9) 61 Semi-Custom Lots (30 in Parcel 1) (31 in PAD Parcel 7) 44 Townhouses (In PAD Parcel 8) 120 Condominiums (In PAD Parcel 10) 1 Administrative Office & Sales Center (Parcel 10C) SC TH MF SA Parcel 1 - Preliminary Plat  44.8 Acres  30 Single-Family House Lots  2,106’ Cul-de-Sac  Minimum Lot Size = 15,000 SF  Gated Community  Connections to: • Scottsdale Mountain Estates • Hidden Hills - Emergency Vehicle Access - Bike Trail Connection  24.72 Acres of Open Space Planning & Zoning Commission: DENY (Default Recommendation) Staff Recommendations: • Approve the Minor General Plan Amendment • Approve the Amended & Restated Settlement Agreement • Approve the Adero Canyon P.A.D. Zoning Amendment •Approve the Preliminary Master Plat • Approve the Parcel 1 Preliminary Plat As presented and subject to the stipulations outlined in the staff report. Location Map Page 9 of9 Adero Canyon Town Council Staff Report DO Not write in this space -official use only Filing Date ' Accepted By Fee Accepted $Z%.5Sbe&ad*0090,38 Case Managers.O-oci^u^ nte in tnis space -c\\jza\zpi5 The Town of Fountain Hills Planning &Zoning Division -APPLICATION Abandonment (Plator Condominium)Appeal of Administrator's Interpretation Area Spedfic Plan &Amendments Concept Plan Condominium Plat Cut/RII Waiver Development Agreement HPE Change or Abandonment X General Plan Amendment Ordinance (Text Amendment) PlannedUnitDevelopment X Preliminary / FinalPlat Replat (Lotjoins, lotsplits,lotlineadjustments) y Rezoning(Map)Special Use Permits Amendments Site Plan Review (vehicles sales)Temporary Use Permit (Median Fee,if applicable) Variance Tract Housing Other PROJECT NAME /NATURE OF PROJECT: PAD Revision to Adero Canyon LEGAL DESCRIPTION:Plat NameAdero Canyon Block. PROPERTY ADDRESS:NA Let PARCEL SIZE (Acres)7Q.QT ASSESSOR.PARCEL NUMBERcoo »j-«-ar-he>H NUMBER OF UNITS PROPOSED!9?(PAP)TRACTS EXISTINGZONING Pl-R g PI - 3 5 PROPOSEDZONING PAP Applicant Mrs.Paul E.Gilbert _X_Mr. Day Phone 4flQ-429-inO0 Ms.Address:701 N.44th St.City:Pbnpm'y State:hZ 23p:fl5nn» Email:pgi lhprtflhpn.gg-i Ih^rf-nnm Owner Mrs.Ariprn fanyrm T.T.P/.Tor-^^y Hall Mr. ,Ms.Address:13620 ~N.Saquaro -Ciify:E£iuxLtai_aState:A2_ Blvd.Hills Day Phone. .Zp:a52£S- Ifapplication is beingsubmittedbysomeon the section belowmust be completed. SIGNATURE OF OWNER I HEREBY AUTHORIZE PfttSt.& er than the owner ofthe property underconsideration, Please Print • Subscribed and sworn before me this Qo\M day of MovJg-*T»D£>- TO FILE THIS APPUCATlON. ,20_JJ . \^$jyi*-n-dAA±Jb klujv^a^j My Commission Expires"1-J-Q -(*7 NOTARY FUBUC ~^*—**--^-^-A •**•!<^i iffli Ti ilTTi iflb On CASSANDRAB. HANSEN Notary Public - Arizona MaricopaCounty My Ccmm.ExpiresJan 20. 2017 MUNIS ^44fl Mv^aLe^P APPUCATlON 4 6 ffi &»$-9 'k ™^ -5 «3<f>t3-C»C ^Tf*-**^ DO Not write in this space -official use only Filing Date 2Lh.u|7_ci4 ,,• Accepted By t*>.QcxX<£*-^J J-U*^ix^ Fee Accepted Case Manager j5.fucxXtju-aJ The Town of Fountain Hills P&^A/joii *3<e&>.OO PLANNING &ZONING DEPARTMENT -APPLICATION Abandonment (Plat or Condominium)..Appeal of Administrator's Interpretation Area Specific Plan &Amendments Concept Plan Condominium Plat Cut/Fill Waiver DevelopmentAgreement HPE Change or Abandonment General Plan Amendment S Ordinance (Text Amendment) Planned Unit Development Preliminary/ FinalPlat Replat(Lotjoins, lotsplits, lotlineadj usjrnents) Rezoning (Map) Special Use Permit &Amendments Site Plan Review(vehicles sales) Temporary Use Permit (Median Fee,if applicable) Variance Other PROJECT NAME /NATURE OF PROJECT:^^^^PfacgLl f>\fff LEGAL DESCRIPTION:Plat Name /rfflZfl Cf9*//6lU PROPERTY ADDRESS:/Ytt fa&U Block Lot PARCEL SIZE(Acres)36./ NUMBER OF UNITS PROPOSED gfl EXISTING ZONING fg)-6 4-ffi-g ASSESSOR PARCEL NUMBER 2.1 7 )H g€5fl TRACTS H _PROPOSED ZONING blHt£ ;_:Ms.Address:20l_Ji^rM^L^.City :Yh Owner Email:p^tferffo feuS^H h^.OTHa- ii*f&&^> Ms.Address:aty: _Day Phone V&HMj^ State:f9Z-Zip:$&&& _ DayPhone State:Zip: Ifapplication isbeingsubmitted bysomeoneotherthan theownerofthe property underconsideration,thesectionbelow must be completed. SIGNATURE OF OWNER. I HEREBY AUTHORIZE PteasQ Print Subscribed and sworn before me this day of. DATE _TO RLE THIS APPLICATION. _,20 , My Commission Expires, Notary Public S2014-03 (#M4709)Adero Canyon Parcel 1 Adero Canyon,LLC PROJECT NARRATIVE -PARCEL 1 PRELIMINARY PLAT m Parcel 1isa site of approximately 2%rfacres located at the southwest corner of Adero Canyon southandwest of North Eagle Ridge Drive.Though withinAdero Canyon,Parcel 1is not part of the PAD,andin fact was previously zoneda combination of R1-6 and Rl-8.No change in zoning has been requested. The proposal isto develop 30 semi customJpsfpursuant tothe standards of Fountain Hills Codes and Ordinances as modified by the Adero CanyonSettlement Agreement. The timing of the subdivision of Parcel 1 is critical because it is inherently a part of improvements in Phase 1A of Adero Canyon,inchiding the relocation of the power lines and realignment of North Eagle Ridge Drive.Because ofthetimelimitontheuseof the Salt River Project Aesthetic Funds and the Town's desire to have construction access to the planned trailhead tothe north,itis hoped thatthis plat can be expedited in order tomeet those objectives. H-.V40881\AttivcFilo 2013X6*042-030)}ACQ-Aiao\Coaafcadaa^tmi 1 Project NamtivcuJocx S2014-03 (#M4709)Adero Canyon Parcel 1 Adero Canyon,LLC 2/26/2014 1st Submittal TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE PLANNING &ZONING COMMISSION FEBRUARY 13,2014 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,Richard Turner,Gene Slechta and Stan Connick.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 Steven Harris 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 Angela Strohan Commissioner Gene Slechta Commissioner Richard Turner Commissioner Stan Connick Vice-Chairman Mike Archambault Chairman Lloyd Pew Commissioner Steven Harris CALL TO THE PUBLIC No one wished to speak. present present present present present present absent AGENDA ITEM #1 -CONSIDERATION of APPROVING the meeting minutes from the regular session of the Planning and Zoning Commission Meetingdated Thursday,January 23, 2014 Vice-Chairman Mike Archambault MOVED to APPROVE the meeting minutes dated Thursday,January 23, 2014, as written. Commissioner Gene Slechta SECONDED.A roll call was taken and the MOTION CARRIED 5-0 (l-abstention). Chairman Lloyd Pew Commissioner Angela Strohan Vice-Chairman Mike Archambault Commissioner Stan Connick Commissioner Richard Turner Commissioner Gene Slechta Page 1 of 14 aye aye aye abstained (absent on 1-23-2014) aye aye Chairman Lloyd Pew instructed the Commissioners that one presentation would be made covering all three (3)"Adero Canyon" cases by Robert Rodgers, Senior Planner and Zoning Administrator and then the applicant and representatives from MCO Properties could make their presentation. All three (3) AderoCanyoncases relateto the same developmentproposal. AGENDA ITEM #2 -PUBLIC HEARING to receive comments on a proposed PRELIMINARY MASTER PLAT for "ADERO CANYON",a mixed-density residential subdivision located in Maricopa County Township 3 North, Range 6 East, Sections 7, 8, and 17. Case Number S2013-06 Robert Rodgers gave a presentation that covered all three Adero Canyon applications items 2-7 and included a PowerPoint Presentation (Exhibit A). The three (3) items included (1) The Preliminary Master Plat,(2) The Planned Area Development (PAD), and (3) The Minor General Plan Amendment. Mr. Rodgers explained that Adero Canyon was a 431 acre site located west of Palisades Boulevard;south of the McDowell Mountain Preserve and north of the town border with Scottsdale. Mr. Rodgers pointed out that the Preliminary Master Plat proposes to create 10 Residential parcels and 1 Parcel for administrative uses. He added that Parcels 1, 2, 3, 4, 5, 6, and 9 would maintain their current zoning district designations.Mr. Rodgers noted that Parcels 7, 8,10 and IOC would be within a new "Adero Canyon "PAD"zoning district. He added that the Preliminary Master Plat would have 118 custom hillside lots with 1 acre or more each on roughly 318 acres; 61 semi-customlotswith a minimum 10,000 sq foot lotson roughly30 acres; 44 Townhouses on roughly 25 acres; 120 condominiums on roughly 12 acres and an administration and sales office on roughly half an acre. Mr. Rodgers said the total proposed project density was .8 DU's/Acre. Mr. Rodgers explained that the Preliminary Master Plat as designated generally met all the requirements of the town's subdivision regulations.He pointed out there were two notable differences: (1) The applicant has proposed, as an option, that they be permitted to install a meandering stabilized decomposed granite path for aesthetic reasons in lieu of the concrete public sidewalk along Eagle Ridge Drive. Mr. Rodgers added that due to a number of issues staff would not supportthat request.Public sidewalks must be concrete and they must meet ADA access requirements. Mr. Rodgers noted that the applicantsmay still install theirown separatepath if theywish,but not inplace ofthe public concrete sidewalk. (2) Thereis currentlya bike trail endingat the HiddenHills development in Scottsdale just south of Parcel 1.The Preliminary Master Plat would extend the bike trail up to connect to Eagle Ridge Driveand ultimately up to the trailhead.The off-road portion of thebike trail would be constructed according to Scottsdale's standards as they are responsible for that easement. Page 2 of 14 Mr. Rodgers commented that 79.9 acres were proposed to be rezoned as Adero Canyon "PAD" with Parcel 7 that included 31 semi-custom 10,000 sq foot lots and would have the "SC" designation within the PAD (single-family home area). He continued that Parcel 8 included the 44 townhouses and would have the "TH"designation.This area would allow multi-unit buildings but the norm was contemplated to be two or three unit buildings. He added that Parcel 10 included the 120 condominiums and would have the "MF" designation. Mr. Rodgers stated that the condominiums would potentially be permitted under this new designation to be included in the "Copperwynd Resort" rental pool at some future date should the two parties reach an agreement. It was noted that this area would allow for multi-unit buildings with a maximum height of 40-feet.Also, Parcel 10C included the sales and homeowners'association office building and would have the "SA"designation.Mr. Rodgers stressed that the water tank was not included in the "PAD". Mr.Rodgers explained that the General Plan Land Use Map currently denoted this area as a "SF Low-Density Residential".He added that due to the smaller lots, the townhouses,and the condos,the density increases within the "PAD";and the "PAD"area is less than 80 acres, The General Plan Amendment follows the "MINOR" amendment process. Mr. Rodgers explained that the proposal was to change the General Plan Land Use designation within the "PAD"to MF/H (Multi-Family)in order to allow for the increased density. Mr. Rodgers presented information on Phase I that included construction of Eagle Ridge Drive from the beginning point at the existing gate at Copperwynd up to the Parcel 2 intersection. He explained that Phase I also includes grading Eagle Ridge Drive as a dirt road from the Parcel 2 intersection up to the Trailhead so the Town can access and construct the trailhead facilities. Mr. Rodgers stated that the developer would also provide the trailhead with temporary water and sanitary services.Construction of the bike trail connection from Hidden Hills to Eagle Ridge Drive are also in Phase I and finally the development of Parcels 1, 7, 8, 10, and IOC. Mr. Rodgers then presented information regarding Phase II, which included the final construction of Eagle Ridge Drive to completion from the Parcel 2 intersection to the trailhead. Mr.Rodgers concluded that the rest of the project that included Parcels 2, 3, 4, 5, 6, and 9,which are the custom hillside lots would be completed.Mr.Rodgers pointed out that at this time Phase 11 had not been given an estimated start date. In conclusion,Mr.Rodgers proposed that the Commission approve the Preliminary Master Plat and forward recommendations to approve the Preliminary Master Plat; the Adero Canyon "PAD" Zoning Amendment,and the Minor General Plan Amendment to Town Council for approval subject to the following stipulations: 1.The applicant shall comply with the terms and conditions outlined in Resolution number 2014-08.(Amended Settlement Agreement) 2. The applicant shall secure approval to provide domestic water service to this property prior to Final Plat approval. 3. The applicant shall secure approval to provide domestic sewer service to this property prior to Final Plat approval. Page 3 of 14 4. The applicant shall applyforEagleRidgeDrive right-of-way abandonment asa condition of this approvaland in concurrence withFinalPlat approvalshowingthe relocatedroad. 5. There shall be no "AT RISK" grading of any portion of the property prior to town approval of gradingplans and/or improvement plansandthe issuanceofa grading permit. 6. Applicant shall provide concrete sidewalks/pathways according to the standard profiles within the public right-of-way or within a public access easement which are "ADA" compliant rather than the proposed decomposed granite pathway option shown in the plans. 7.Increase the Parcel 1/Scottsdale Mountain Estates entrance roadway (Street H) to a local road x-section, from Eagle Ridge Drive to the Parcel 1,gate area. Staff recommends that the Planning and Zoning Commission forward a recommendation to the Town Council for approval of the "PAD" zoning Text Amendment as presented and subjectto the following stipulations: 1. The applicant shall comply with the terms and conditions outlined in Ordinance #2014- 01.("PAD"zoning) 2. The applicant shall comply with the terms and conditions outlined in Resolution #2014- 08.(Amended Settlement Agreement) 3. There shall be no "AT RISK" grading of any portion of the property prior to town approvalof gradingplansand/or improvement plansandthe issuance ofa grading permit. Staff recommended that the Planning and Zoning Commission forward a recommendation to the Town Council for approval of the Minor General Plan Amendmentas presented and subjectto the following stipulations: 1. The applicantshall complywiththe terms and conditions outlinedin Resolution #2014- 07. (Minor General Plan Amendment) 2. The applicant shall comply withthe termsand conditions outlined in Resolution #2014- 08. (Amended Settlement Agreement) Chairman LloydPew introducedJeremy Hall, President of MCO Properties. Jeremy Hall gave a presentation and included poster exhibits to describe the proposed development.Mr.Hall complimented Town Staff on all their constructive meetings held concerning the Adero Canyon project. Mr.Hall stated that approximately 15 years agothe Adero Canyon plan was first proposed and approved by Town Council for totally custom homes.Mr.Hall stressed thatat this time there were about 100 lots still available in Eagles Nest and the future of Adero Canyonwas uncertain Page 4 of 14 because it appeared that MCO was 4 to 5 years away from delivering in this area.MCO then decided to take a look at Adero Canyon and decided to come up with a different way of marketing the properties since the affluent buyer was hit hard and not purchasing as much during this down market. Mr. Hall pointed out that times have changed and that the property buyer's needs and wants have changed to a smaller turn-key home purchase. Mr. Hall added that this would be the last project developed in Fountain Hills involving MCO Properties and they wanted this to be their "Crown Jewel". Development of this project would also finally give the town their trailhead. Jeremy Hall introduced his MCO team on this project.Jeff Denzak,Design Partner Swaback Partners pile,7550 East McDonald Drive, Scottsdale,Arizona 85250; Paul Gilbert, Zoning Attorney,Beus Gilbert pile,701 N.44th Street,Phoenix,Arizona 85008;Joe Spadafino,P.E., PTOE,Project Manager/Senior Traffic Engineer at CivTech, Incorporated, 10605 N. Hayden Road,Scottsdale,Arizona 85260;JeffNelson,Toll Brothers Homes,representing the 5*largest home builder in the country. Paul Gilbert stressed that more people want less land and turn-key homes. He also stated that if negotiations between this project and Copperwynd could be finalized, it would give Copperwynd more visibility and a possible source for expansion. Mr. Gilbert also added that the proposed zoningfor the project was decided with the help fromTown Staff. He also pointed out that with the opening of Phase I, it would allow the town to begin the construction of the trailhead. Mr. Gilbertpointed out that there was a goodworking relationship with Town Staffand they are in full agreement with all stipulations with the exception; the trail in-lieu of the sidewalk.Mr. Gilbert explained that within the MCO project proposal there would be a stabilized decomposed trail instead of concrete sidewalks.He pointed out that Scottsdale and the County required this type of trail because there were fewer cuts & fills; the walking surface was better, and the trail could be placed further back from the street. MCO agreed to all the Town's stipulations except the concrete sidewalk requirement. Mr.Gilbert commented that the traffic study provided by MCO showed that the streets and intersections could handle the amount of traffic anticipated with the new development. Public Healing Opened by Chairman Lloyd Pew at 7:17 p.m. and the following "Request to Speak" Cards were submitted. 1.Rand Hubbell, Supervisor, McDowell Mountain Park, spoke in favor of the proposed path. 2. Paul Appledom,Sonoran Conservancy, spoke regarding trail versus sidewalk. 3. RoyKinsey, Sonoran Conservancy,spokein favor of the trail project. 4. Bill Craig, Acting Chairman McDowell Mountain Preserve Commissionin favorof the access into the preserve. Page 5 of 14 5. Silvia Rappaport,Scottsdale/Cordabella at Copperwynd, spoke against the project. 6. Karen Ford,Scottsdale/Cordabella at Copperwynd,spoke against the project. 7. Marvin Hahn,Scottsdale/Cordabella at Copperwynd,spoke against the project. 8. Vladislav Hermann,Scottsdale/Cordabella at Copperwynd,spoke against the project. 9. Jeanne Cowan,Scottsdale/Cordabella at Copperwynd,did not wish to speak and wrote on her card that she was against the project. 10. Craig Ford,Scottsdale/Cordabella at Copperwynd,spoke against the project. 11.Art Burger,Scottsdale/Cordabella at Copperwynd,spoke against the project.Submitted two cards,but only spoke once. 12. Dean Wieber,Scottsdale/Cordabella at Copperwynd, spoke against the project. Mr. Wieber also submitted a petition signed by 38 households opposing the rezoning of Adero Canyon. 13.Bob Van Marten,Scottsdale/Cordabella at Copperwynd was not present but submitted a card that stated he was against the project. 14.Bill Monahan,Scottsdale/Cordabella at Copperwynd,spoke against the project. 15.Elena Torre,Fountain Hills,McDowell Mountain Preservation Committee and resident, spoke in favor of the project. 16.Steve Fleming,Fountain Hills spoke in favor of the project. 17.Bill Schmitt, Fountain Hills spoke in favor of the project. 18. Sandra Goldenberg,President of Hidden Hills of Scottsdale Community Association, representing 350 homeowners expressed the Hidden Hills Development concerns (See attachment #18). 19.Toni Vallee,Fountain Hills, spoke regarding his request for an emergency access connector road to be included in this project (See attachment #19). 20. Paul Schmidt,Scottsdale/Cordabella at Copperwynd,spoke against the project. 21. Norman Thorpe, Seasonal resident Fountain Hills, spoke in favor of the project. 22. Shawn White,Fountain Hills Chamber of Commerce,spoke in favor of the project. 23. Marci Wieber,Scottsdale/Cordabella at Copperwynd,spoke against the project. Page 6 of 14 Public Hearing Closed at 8:03 p.m. Chairman asked the Commissioners if they had any questions for staff or the applicant. Commissioner Richard Turner asked for an update on the settlement agreement amendments. Mr. Rodgers answered that negotiations were on-going between the Town's Attorney and the applicant's attorney. Mr. Rodgers added that most of the items have been agreed upon. Commissioner Turner asked if Adero Canyon was scheduled for Town Council approval. Mr. Rodgers answered that staff was waiting on the completed negotiations and that would determine when it was placed on the agenda. Commissioner Turner stated that after looking over the application it appeared that there was an above ground parking garage associated with the resort development. Jeremy Hall answered that there were individual garage/storage within the units. Commissioner Turner asked Mr.Rodgers to clarify any possible changes or adjustments the applicant may request to the "PAD"and how those changes would be handled. Mr. Rodgers answered that the applicant would go through the normal zoning ordinance process and a public hearing would be held. Mr. Turner wanted assurance that any changes would not be administratively approved. Mr.Rodgers answered that some minor items would be under the authority of approval by the Town Manager,but other than what was in his limits; all other requests would be through the public hearing process. Vice-Chairman Michael Archambault pointed out that the plats for Adero Canyon have not been recorded. Jeremy Hall answered that the individual lots have not been recorded. Mr. Hall pointed out that they have been approved by the town but have not been recorded by the County. Vice-Chairman Archambault asked if MCO would be amicable to recording the plats as platted, with the lots on them. Mr. Hall said generally MCO does not record plats until they are literally ready to break ground.Vice-Chairman Archambault stated that the town had signed plat maps and that the town could go ahead and record. Mr. Hall reiterated that standard practice has always been not to record until ground breaking and this had been their practice for 40-years. Vice-Chairman Archambault expressed concern that MCO could come back on Parcel 1 and ask for higher density.Vice-Chairman Archambault requested some kind of assurance that this wouldn't happen and the proposed PAD would be the last of the requests for Adero Canyon and the town would receive their road paved to the trailhead in a reasonable amount of time. Paul Gilbert, Attorney for MCO interjectedthat MCO cannot do anything further than this unless the settlement agreement was changed since the settlement agreement was a signed contract between MCO and the town. Mr.Gilbert pointed out that the contract would be amended as part of this project and the town does not need to make any other changes to that contract. Mr. Gilbert continued that if more changes were suggested those changes would have to be brought to the town to amend the contract and for their approval.Vice-Chairman Archambault replied that the settlement agreement amendments would not happen if the plat was not approved tonight. Vice- Chairman Archambault stressed that the residents of Fountain Hills have waited 15-years for a trailhead and he wanted assurance that MCO would not come forth in the future and request changes. Mr. Gilbert said it would be foolhardiness to say that for the next 20-years MCO would Page 7 of 14 not request changes. Mr.Gilbert stated that the plats that Vice-Chairman Archambault was concerned about were part of the settlement agreement.Mr.Gilbert stressed that MCO was bound by the settlement agreement and it cannot be changed unless the town approved an amendment. Vice-Chairman Archambault pointed out that his understanding was that the plats were not recorded because MCO Properties did not meet certain obligations under the current settlement agreement.Mr.Gilbert defended that he did not agree with that characterization,for the record. Vice-Chairman Archambault asked if MCO would give the town a drop dead date for the other half of the road to be completed and bond that as a guarantee. Mr. Gilbert answered that MCO would not be in a position to do that. He added that MCO would be in the position to do what they had represented to installthe roadand paveit upto thepoint indicatedandcompactit sothe road could be used. Mr.Gilbert pointed out that MCO does not have the advance funds to build the road at this time. Mr. Gilbert added that income from selling the lots and developing the land would pay for the road. Commissioner Gene Slechta stated that he supported increasing density in the community, but he believed economic survival and lower density should be done judiciously. CommissionerSlechta asked the applicant why they created the MF zone since it was proposed as condominiums ora hotel.Commissioner Slechtastressedthattherewasnothingin thezoning ordinance even close to that and the ordinance very carefully separates multi-family and lodging. Commissioner Slechta stated he understood that MCO was trying to use the PAD for some flexibility.Mr.Gilbert acknowledged that was correct and that was one of the main reasons for the PAD.Commissioner Slechta added that one of the speakers said it very well that there was a difference between a community and one with a hotel verses condominiums and he was not concerned with the condominiums but had a problem with a hotel in a residential area. Commissioner Slechta pointed out that except for a segment of Copperwynd; hotels were located on an arterial or in the Town Center where they really belonged and are better suited for a hotel. Commissioner Slechta stated that at 120 units it would be larger than any other hotel in town and also located in a residential neighborhood.He added that the hotel would be built in the area of very expensive homes and would be the largest hotel in town.Jeremy Hall explained that early on in the development of this project, MCO included the owner of Copperwynd Mike Ginsburg in the discussions. Mr. Hall explained that Copperwynd has struggled since it was built approximately 15-years ago. Mr. Hall stressed that potential buyers of Copperwynd, for the past 6-years, have been unable to find a way for Copperwynd to be viable. Mr. Ginsburg told the applicant that it would be a life line if Copperwynd could expand and this was the only land that Copperwynd could expand on. Mr. Hall pointed out that there were no guarantees that there would be an expansion of Copperwynd because they are seeking a permanent operator for the property.Mr. Hall added that because of this plan Copperwynd has a contract in process to purchase. Mr. Hall pointed out that Copperwynd stressed they needed 120 rooms to be viable. Commissioner Gene Slechta stated he would like to see any reference to a hotel pulled out of the entire proposal and only zoned for condominiums.Commissioner Slechta asked if MCO would consider that possibility.Jeremy Hall answered that MCO would not take that under consideration. Page 8 of 14 Commissioner Slechta addedthatin multi-family zoning districts heonly found R-5that allowed hotels andonlywitha special use permit and added thatMCO's proposal was lucky tohavethat approved inanareawithalotof single family homes without a special use permit. Commissioner Slechta pointed out that onthe MF designation this would allow a building height to 40-feet andhe stated thathe found that interesting since all multi-family zoning districts inour zoning ordinance have a maximum height of 30-feet.Commissioner Slechta pointed out the only place you would find 40-feet would bein the Town Center and that could only be changed by special use permit andthat again was not part of this package.He added that hotels and lodging,in lodging districts have a maximum height of 30-feet.Commissioner Slechta asked MCO representatives if they would consider removing any reference to 40-feet and change to 30- feet as a maximum height to make it consistent with the Town's Zoning Ordinance.Jeremy Hall answered that 40-feet was determined because ofthe topography.Mr.Hall explained thatit depended on where you measured from the down-hill or up-hill side of the building.Mr.Hall stated they were looking at 40-feet at the tallest measurement on the downhill of the building. Mr.Hall pointed outthatmostalltheother hotels intown were onflat property. Commissioner Slechta asked if MCO would consider that change.Mr.Hall explained that if they diddothatit would do one of two things;kill the density orit would require them to disturb more land witha horizontal development.Mr.Hall mentioned that staff was in support of the 40-feet height maximum to minimize land disturbance and MCO would like to keep the 40-feet. Commissioner GeneSlechtaaskedaboutstartand completion datesonPhaseI andPhaseII. Mr. Hall stated that he could not give a date on Phase II;the start date is not certain and was planned to start about the completion of Eagles Nest.Commissioner Slechta pointed out that in the Town's Zoning Ordinance for PAD's; if there was a phased development plan,it was a requirement to submit both estimated start and completion dates for all phases.Mr.Hall clarified that Phase IIwasnotpartofthis PAD application.Mr.Gilbert pointed outthatintheir narrative they have given a starting date but was unable to give a completion date. Commissioner Slechta suggested that MCO needed to provide that information to comply with the zoning ordinance.Mr.Rodgers stated thatthis issue should be addressed in negotiations and if not, he would mention it to Mr. Andrew McGuire,Town's Attorney.Mr. Hall stated that MCO felt it would be about a three year duration. Commissioner Gene Slechta questioned the representatives regarding an alternative road access intothe project. Mr. Hallstatedthat theyhave lookedat all accesspointsand MCO didnotown property between Adero Canyon and Rhoads Court. He added that this was a small cul-de-sac streetand not designed to carrya largeamountof traffic. He addedthat Eagle Ridge Drivewas designed with a 70-foot right-of-way;collector road;designed to carry 5,000 cars a day.He added that other streets were considered and for whatever reason could not be used. Mr. Hall continued to say that there was an emergency access from Hidden Hills and MCO intended to continue the maintenance and Scottsdale has been involved and they were happy withthis plan. Mr.Gilbert referenced the traffic study submitted with their proposal and reviewed by the Town's Staff;this project will only increase the previously approved traffic count by 836new trips. Chairman Lloyd Pew commented on a "path"versus a "sidewalk"and looked at them as two different items.Chairman Pewstatedthattrailswereusedforandweregreatto get people out in Page 9 of 14 the desert,where as sidewalks were a functional urban tool to get people from neighborhood to neighborhood; for kids to get from one house to another without walking into the street. He added that sidewalks were essential to neighborhoods to join them together.Chairman Pew spoke in support of staff's stipulationsrelated to sidewalks, but would like to encourage the use of trails for another amenity entirely with the use to serve a different purpose than sidewalks. Vice-Chairman Archambault asked MCO representatives about the trail and ADA compliance and if it was possible to take the sidewalk and pave to the trailhead. Mr. Hall stated that during the interim a temporary road to the trailhead could provide a pedestrian access way. Jeremy Hall explained that no way were they trying to cut corners. He explained that meandering trails are required in the Scottsdale corridor and would be stabilized decomposed granite which is an ADA compliant material. Mr. Hall pointed out that ADA regulations stated that sidewalks cannot have a slope more than 8% and the road in question had grades of 12% or more and if for the location as noted there were a concrete sidewalk it could not be ADA compliant. Mr. Hall describedan image of a meandering trail to the top of a beautifulwash that comes through Adero Canyon. Vice-Chairman Michael Archambault stated that since Parcel 10 was not platted,anyone purchasing this property should haveto returntothetownfortheir approval ofthe40-footheight maximum allowed.He continued that a 40-foot height could give the owner a 3-story building and noted that Copperwyndwas2-storiesand within the 30-footheight limitation. Commissioner Angela Strohan expressed her concern that there were a lot of cuts exceeding the 10-foot through the top portion and she wanted to know if there was anything that could be done to protectthe native area. JeremyHall agreed with CommissionerStrohanthatthere were some cuts and fills in this project. Mr. Hall pointed out that these cuts and fills were due to the limitation of the Fountain Hill's design standards for roads. He continued that the minor collector road, Eagle Ridge Drive, and the balance of the roads were standard local and public hillside local. Mr. Hall pointedout that the town had required these standardsand if MCOcould cut down on the width of the roads, it would help eliminate a lot of the cut and fills. Vice-Chairman Michael Archambault referenced Parcel IOC and questioned Mr. Hall and asked why MCO didn't put the sales center building off to the side of the road instead of splitting the road and placingthe sales centerin the public right-of-way.Vice-Chairman Archambault noted that there were other projects in Fountain Hills that have the split roadways,but those buildings were behinda gate and not intheright-of-way. Vice-chairmanArchambaultasked if it wouldn't be betterto place the building to the side andjoin the two-lanes together.Mr. Hall pointedout that the sales building was not in a right-of-wayand one of the main reasonsfor this design was to slow traffic down and also provide an entry feel into the project without being a private gate. Jeff Denzak,Design Partner SwabackPartners added that this type of designwas becoming more popular and was called a "Couplet" and described this design as being sensitive to the development also called "Smart Growth Practices". Vice-Chairman Michael Archambault questioned who would be responsible for future maintenance after MCO finishes this project. Paul Gilbert answered that the primary purpose was for a sales center which MCO would maintain and after that the building would be given to Page 10 of 14 the homeowners'association for their meetings and use by the homeowners'and would be their responsibility. Commissioner Richard Turner asked Mr.Rodgers in regards to the condominium development built in buildings and would those plans come back to the Commission as a concept plan for approval. Mr. Rodgers answered that yes they would because multi-family was approved by concept plan. Chairman Lloyd Pew expressed his support for the project and the multi-use designation; the transition in the zoning made sense to him; driving in on Eagle Ridge was medium density with single-family homes;Copperwynd on the right which was high density, then you drive into Adero Canyon and return to medium density. The Chairman added that this proposal extended high density further into Adero Canyon and then drops down to medium density and then to low density with the larger lots and this transition made sense.Chairman Pew was also in favor of the General Plan Amendment because the plan was workable and good for the Town of Fountain Hills and general plans were made to be amended. Chairman Pew also supported staffs stipulations especially the concrete sidewalks in higher density neighborhoods. He explained that with houses next to each other there's a need to have sidewalks to tie houses together. Chairman Pew also recognized the recreation function of the trail and hoped that the project would still build the trail. Chairman Pew made a MOTION to approve the Preliminary Plat for Adero Canyon as presented and forward a recommendation to Town Council for approval,subject to the stipulations as outlined in the staff report and to forward a recommendation to Town Council for approval of the PAD and General Plan Amendment,subject to the stipulations outlined in the staff report. Commissioner Richard Turner SECONDED the MOTION. Chairman Lloyd Pew asked for any discussion on the motion. Commissioner Gene Slechta requested to make a MOTION to amend all three motions to eliminate the MF district and change to only condominiums and maximum height reduced to 30- feet maximum. Vice-Chairman Michael Archambault SECONDED the MOTION. Chairman Pew asked for comments to the motion.None was made. Chairman Pew asked for a roll call as follows: Commissioner Richard Turner nay Commissioner Gene Slechta aye Vice-Chairman Michael Archambault aye Commissioner Angela Strohan aye Commissioner Stan Connick nay Chairman Lloyd Pew nay Page 11 of 14 The MOTION FAILED 3-3 No further discussion on the motion to amend. Commission Richard Turner made a MOTION to amend the original MOTION to limit the maximum height to 30-feet maximum. Vice-Chairman Michael Archambault SECONDED the MOTION. Voice vote was taken and the MOTION to AMEND FAILED 3-3. Vice-Chairman Michael Archambault made a MOTION to amend the main motion to require that the sidewalk be ADA compliant and would be built all the way to the trailhead. FAILED for lack of A SECOND. Commissioner Stan Connick made a MOTION to amend the original MOTION to eliminate the concrete sidewalks and use the decomposed granite trail. FAILED for lack of A SECOND Chairman Lloyd Pew requested a vote on the original MOTION and requested a roll call. Commissioner Gene Slechta nay Vice-Chairman Michael Archambault nay Commissioner Angela Strohan nay Commissioner Stan Connick aye Chairman Lloyd Pew aye Commissioner Richard Turner aye MOTION FAILED 3-3 Chairman Lloyd Pew made a MOTION to vote on each case individually instead of a bundle. Commissioner Richard Turner SECONDED the MOTION. Chairman Pew made a MOTION to approve the Preliminary Master Plat. Voice vote was taken and the MOTION FAILED 3-3. Chairman Lloyd Pew announced that since the Preliminary Master Plat failed the other items could not stand alone. AGENDA ITEM # 3 -CONSIDERATION of a proposed PRELIMINARY MASTER PLAT for "ADERO CANYON",a mixed-density residential subdivision located in Maricopa County Township3 North, Range 6 East, Sections7, 8, and 17. CaseNumber S2013-06 FAILED 3-3 Page 12 of 14 AGENDA ITEM #4-PUBLIC HEARINGS receive comments on RESOLUTION #2014-07, a proposed MINOR AMENDMENT to the Town of Fountain Hills General Plan 2010 to revise land use and increase the number of dwelling units within the 80-acre PAD zoning district in the Adero Canyon master planned residential development. Case Number GPA2013-01 AGENDA ITEM #5 -CONSIDERATION of RESOLUTION#2014-07,a proposed MINOR AMENDMENT to the Town of Fountain Hills General Plan 2010 to revise land use and increase the number of dwelling units within the 80-acre PAD zoning district in the Adero Canyon master planned residential development.Case Number GPA2013-01 AGENDA ITEM #6 -PUBLIC HEARING to receive comments on ORDINANCE #2014-01, an amendment to the Town of Fountain Hills Zoning Ordinance and Zoning Map to change the zoning on 80 acres from Rl-43,Rl-8,and Rl-6 (Single-Family Residential to ADERO CANYON "PAD".Case Z2013-06 AGENDA ITEM #7 -CONSIDERATION of ORDINANCE #2014-01,an amendment to the Town of Fountain Hills Zoning Ordinance and Zoning Map to change the zoning on 80 acres from Rl-43,Rl-8,and Rl-6 (Single-Family Residential to ADERO CANYON "PAD".Case Z2013-06 AGENDA ITEM #8 -COMMISSION DISCUSSION/REQUEST FOR RESEARCH None AGENDA ITEM #9-SUMMARY OF COMMISSION REQUEST from Senior Planner. None AGENDA ITEM #10 -REPORT from Senior Planner and Zoning Administrator,Planning and Zoning Division of Development Services. Nothing to report. AGENDA ITEM #6 -ADJOURNMENT. Commissioner Stan Connick MOVED to adjourn and Chairman Lloyd Pew SECONDED and the MOTION CARRIED 6-0. Chairman Lloyd Pew aye Commissioner Angela Strohan aye Commissioner Stan Connick aye Vice-Chairman Mike Archambault aye Commissioner Richard Turner aye Page 13 of 14 Commissioner Gene Slechta aye The regular meeting ADJOURNED at 9:05 p.m. FOUNTAIN HILLS PLANNING &ZONING COMMISSION BY:^^r /^J Chairman Lloyd Pew CERTIFICATION ATTEST:Og^O-*-*-A*-/*^ /j Janice Baxter,Recorder 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 13th day of February 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. Dated this 13th day of February 2014 K x ice Baxter,Recorder Page 14 of 14 ' lbr.••,I i : •i !•:TIUl 8 REQUEST TO SPEAK CARD df&/ Please complete and submit this card to the Town Clerk or designee prior to the discussion of the item listed below. Name/Phone No. I am a Fountain Hills resident [6 Meeting Date /&'/£'/Y or. I reside in (please list) Title/OrganizationJ^^/-L/&0^./fl^u^/00*.fus/cl am representing (#of people) Please indicate yourchoices below before submitting this form:-•,,,', ©YES,I wish to speak or •NO,I do not wish to speak,but have indicated ray position:D FOR •AGAINST Comments: D CALL TO THE PUBLIC B^PUBLIC HEARING ITEM NO. D AGENDA ITEM NO. s i^rtJtrVoU S,££*Jk1*J^L-CI \Jl&J£L PLEASE PRINT 3£^^/Z^cA&i^ a jO(Si>0QS<2-4£-/?< Thank you for participating inyour Town government.Your comments are an important and valuable part of the process. 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Meeting Date <=£/J2>/c3Ql4 Name/Phone No.At AfcS/k//E6 £f \ I am a Fountain Hills resident •or,I reside in (please list)^C &7?zr6/4r£~<£. Title/Organization Iam representing (#of people) Please indicate your choices below before submitting this form:'. YES,I wish to speak or D NO, I do notwish to speak,buthave indicated my position:• FOR •AGAINST D CALL TO TOE PUBLIC Q^PUBLIC HEARING ITEM NO.—_ •AGENDA ITEM NO.: PLEASE PRINT Comments: Thank you for participating in your Town government Your comments arean important and valuable partofthe process. Please filloutthe comment card completely and mm it intothe Town Clerk or designee prior tothe discussion ofthat Agenda itemorpriortothe beginningofthemeeting. (Pleasesee reverse for proceduralinformation on addressing the Council/Board/Commission) 11/7/13 |PHASE I PHASE 2 PAD AREA Parcel Map PARCEL-I PARCEL-2 PARCEL-3 PARCEL-4 PARCEL-5 PARCEL-G PARCEL-7 PARCEL-S PARCEL-9 PARCEL-I O PARCEL-IOC EAGLE RIDGE DRIVE -ROW EPCOR-6 (EXCEPTION) 60UNDARY PAD BOUNDARY 44.7718 AC 57.1157 AC 61.7784 AC 39.2184 AC 18.8366 AC 49.9989 AC 29.8729 AC 24.8878 AC 82.1212 AC 12.1955 AC 0.5134 AC 10.2177 AC 1.0831 AC 431,0140 AC 79.9358 RESOLUTION NO.2014-07 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,AMENDING THE TOWN OF FOUNTAIN HILLS GENERAL PLAN 2010 REGARDING THE LAND-USE DESIGNATION FOR APPROXIMATELY 80 ACRES GENERALLY LOCATED ALONG EAGLE RIDGE DRIVE AS SHOWN IN CASE NO. GPA2013-01. WHEREAS,the Town of Fountain Hills General Plan 2010 (the "General Plan")was adopted by the Mayor and Council of the Town of Fountain Hills (the "Town Council")on January 7, 2010, and ratified by the qualified electors of the Town of Fountain Hills (the "Town")on May 18,2010;and WHEREAS,Figure 11 of the General Plan (the "Land Use Plan") sets forth the land-use designations forall real propertywithinthe corporatelimitsof the Town;and WHEREAS,the General Plan establishes the authority and procedures for amendments to the General Plan land-use designations;and WHEREAS,the Town Council desires to amend the General Plan to change the land-use designation on the Land Use Plan for approximately 80 acres generally located along Eagle Ridge Drive as shown in Case No.GPA2013 from Single Family/Very Low toa combination of Single Family/Medium Density Residential,Multi-Family/Medium Density Residential and Multi-Family/High Density Residential (the"General Plan Amendment");and WHEREAS,pursuant to ARIZ.REV.STAT.§9-461.06 and the General Plan,the Town has consulted with, advised and provided the opportunity for public comment on the General Plan Amendment;and WHEREAS,pursuant to Ariz. Rev.Stat.§9-461.06 and the General Plan,the Town Planning and Zoning Commission (i)held a public hearing on the proposed General Plan Amendment on February 13,2014,and (ii)provided noticeof such hearing by publication inthe Fountain Hills Times on January 22,2014,and January 29,2014;and WHEREAS,pursuantto Ariz.Rev.Stat.§9-461.06 and the General Plan,the Town Council (i)held a public hearing onthe proposed General Plan Amendment on May 1,2014 and (ii)provided notice of such hearing by publication in the Fountain Hills Times on April 16, 2014;and WHEREAS,the Town Council finds and determines that (i) proper notice of the proposed General Plan Amendment has been given ina manner required by ARIZ.Rev.Stat.§ 9-461.06 et seq.and(ii)eachof the required publications havebeen made. 2147225.2 NOW,THEREFORE,BE IT RESOLVED 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 General Plan is hereby amended to change the land-use designation on the Land Use Plan for approximately 80 acres generally located along Eagle Ridge Drive as shown in Case No.GPA2013,as more particularly described and depicted on Exhibit A. attached hereto and incorporated herein by reference,from Single Family/Very Low to a combination of Single Family/Medium Density Residential,Multi-Family/Medium Density Residential and Multi-Family/High Density Residential. SECTION 3. If any provision of this Resolution 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 provision and such holding shall not affect the validity of the remaining portions of this Resolution. 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 Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, May 1,2014. FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO: LindaM.Kavanagh,Mayor BevelynJ. Bender,Town Clerk REVIEWED BY:APPROVED AS TO FORM: Kenneth W. Buchanan, Town Manager Andrew J. McGuire, Town Attorney 2147225.2 2147225.2 EXHIBIT A TO RESOLUTION NO.2014-07 [General Plan Amendment Legal Description and Map] See following pages. Adero Canyon PAD Legal Description Adero Canyon PAD Area Commencing at a GLO Brass Cap at the Northwest Corner of Section 17,Township-3-North, Range-6-East,of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, which is the Point of Beginning; thence S 89°53'25"W, a distance of 162.69 feet; thence N 17°37'39"W, a distance of 235.86 feet; thence N 19°08'15"W, a distance of 188.09 feet; thence N 26°45'55"W, a distance of 405.46 feet; thence N 59°23'01"W, a distance of 391.44 feet; thence N 30°52'15"W, a distance of 411.95 feet; thence N 44°10'32"E, a distance of 72.17 feet; thence N 35°05'58"E, a distance of 486.04 feet; thence S 65°21'48"E, a distance of 136.48 feet; thence S 48°27'16"E, a distance of 723.50 feet; thence S 28°47'22"E, a distance of 521.43 feet; thence S 79047'41"E, a distance of 276.70 feet; thence S 48015'21"E, a distance of 366.99 feet; thence S 66°29'43"E, a distance of 148.14 feet; thence S 0P17'20"W, a distance of 250.46 feet; thence S 55°26'42"E, a distance of 164.36 feet; thence S 79°03'00"E, a distance of 440.08 feet; thence S 40°20'05"E, a distance of 231.03 feet; thence S 01 °11'09"W, a distance of 276.29 feet; thence S 41°49'37"W, a distance of 128.49 feet; thence S 28°54'30"W, a distance of 205.00 feet; thence S 43°06'08"W, a distance of 120.82 feet; thence N 86°55'29"E, a distance of 154.35 feet; to a tangent curve concave southwesterly with a radius of 500.00 feet; thencethrough said curve an arc length of 521.97 feet,a delta angle of 59°48'50"; thence S 33°15'41"E, a distance of 458.83 feet; to a tangent curve concave northeasterly with a radius of 500.00 feet; thencethroughsaid curve an arc length of 103.59 feet, a delta angle of 1 P52'12"; thence S 44°54'11"W, a distance of 549.72 feet; thence S 26°22,38"E, a distance of 79.43 feet; to a non-tangent curve concave southwesterly witha radialbearing of S 57°42'50"Wand with a radius of 941.03 feet; thence through saidcurvean arc lengthof 21.08feet,a delta angleof 01°17'01"; thence through saidcurveanarc length of 125.67 feet,a deltaangleof 07°39'07"; thence S 63°37'22"W, a distance of 76.85 feet; to a non-tangent curve concave westerly with a radial bearingof S 65°32'36"Wand witha radiusof 865.00feet; thencethroughsaid curve an arc length of 265.06 feet,a delta angle of 17°33'24"; thence S 06°54'00"E, a distance of 48.00 feet; thence N 39°14'11"W, a distance of 180.33 feet; thence N 22°0 V13"W, a distance of 518.76 feet; thence N 41°06'07"W, a distance of 339.40 feet; thence N 18°18'49"W, a distance of 371.42 feet; thence N 56°00'07"W, a distance of 183.78 feet; thence N 80°37'56"W, a distance of 455.43 feet; thence N 53°14'25"W, a distance of 536.86 feet; thence N 15°00'08"W, a distance of 285.85 feet; thence N 27°12'16"W, a distance of 209.34 feet; thence N 58°25'53"W, a distance of 142.26 feet; thence N 00°07'50"W, a distance of 146.16 feet; which is the Point of Beginning,having an area of 3,529,185.23 square feet, or 81.0189 acres. Exception to the Boundary EPCOR Revised Reservoir Site No. 6 Commencing at a GLO Brass Cap at the Northwest Corner of Section 17,Township-3-North, Range-6-East,of the Gila and Salt RiverBase and Meridian,MaricopaCounty,Arizona; thence S 76°48'30"E, a distance of 349.51 feet to the Point of Beginning; thence N 00°00'00"W, a distance of 123.95 feet; thence N 64°25'00"E, a distance of 76.25 feet; thence S 77o24'01"E, a distance of 88.80 feet; thence S 77°24'01"E, a distance of 86.88 feet; thence S 16°39'33"W, a distance of 188.32 feet; thence S 73°20'27"E, a distance of 61.13 feet; to a non-tangent curve concave southeasterly with a radial bearing of S 17°38'05"E and with a radius of 35.50 feet; thencethroughsaid curve an arc lengthof 42.76 feet, a delta angle of 69°01'09"; thence N 86°39'14"W, a distance of 105.31 feet; thence N 47°36'09"W, a distance of 155.72 feet; which is the Point of Beginning,having an area of 47,180.46 square feet, or 1.0831 acres. Total for the Adero Canyon PAD area is 3,482,004.77 square feet, or 79.9358 acres. Adero Canyon PAD District Map FountainHillsGeneralPlan2010LandUsePlanSF/VL-SingleFamily/VeryLow(.025-1DU/AC)SF/L -SingleFamily/Low(1-2DU.'AC)SF/M- Single Family/Medium(2-4.3DU/AC)MF/M-Multi-Family/Medlum(4-10OU/AC)MF/H - Multi-Family/High(10-12DU/AC)C/R-GeneralCommercial/RetailO-OfficeIL- Lodging~2MU-MixedUse^I-IndustrialIG-GovernmentBJU-Utility_ J S-Schools|P-Park^]OS-OpenSpace~1GC- GolfCourseN11^FountainHillsBoundaryH**HJurisdictionalBoundariesIROWStateHighway%3TownCenterAreaSpecificPlanFutureFountainHillsBlvd.AreaSpecificPlanFutureShoa/SaguaroAreaSpecific Plan 2147237.1 RESOLUTION NO. 2014-08 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING THE FINAL SETTLEMENT AGREEMENT, AMENDED AND RESTATED MAY 1, 2014, BETWEEN THE TOWN AND MCO PROPERTIES INC., EN LLC AND ADERO CANYON LLC. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The Final Settlement Agreement, Amended and Restated May 1, 2014, between the Town of Fountain Hills and MCO Properties Inc., EN LLC and Adero Canyon LLC (the “Agreement”), is hereby approved in substantially the form attached hereto as Exhibit A. SECTION 2. 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 Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, May 1, 2014. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Kenneth W. Buchanan, Town Manager Andrew J. McGuire, Town Attorney 2147237.1 EXHIBIT A TO RESOLUTION NO. 2014-08 [Amended and Restated Agreement] See following pages. 2112643.24 FINAL SETTLEMENT AGREEMENT Amended and Restated May 1, 2014 THIS AMENDED AND RESTATED FINAL SETTLEMENT AGREEMENT (this “Restated Agreement”) dated May 1, 2014 (the “Effective Date”), is between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”), MCO Properties Inc., a Delaware corporation, successor-in-interest to MCO Properties L.P. d/b/a MCO Properties Limited Partnership, a Delaware limited partnership doing business in the State of Arizona (“MCO”), EN LLC d/b/a EN at Fountain Hills LLC, a Delaware limited liability company (“Eagles Nest”‘) and Adero Canyon LLC, a Delaware limited liability company (“Adero”). The Town, MCO, Eagles Nest and Adero are each referred to individually as a “Party” and collectively as the “Parties.” MCO, Eagles Nest and Adero are collectively referred to as the “Developer Parties.” RECITALS A. The Town and MCO are Parties to a Final Settlement Agreement dated December 4, 2001 (the “Original Agreement”) that (i) resolved litigation between MCO and the Town and (ii) governed the development of two parcels of real property: (i) approximately 431.20 acres as described on Exhibit A-1 and depicted on Exhibit A-2, both attached hereto (the “Eagle Ridge North Property”); and (ii) approximately 485.53 acres as described on Exhibit B-1 and depicted on Exhibit B-2, both attached hereto (the “Eagles Nest Property”). The Eagle’s Nest Property and rights pertaining thereto were conveyed by MCO to Eagles Nest and the Eagle Ridge North Property and rights pertaining thereto were conveyed to Adero. Accordingly, Eagles Nest and Adero have the rights hereunder as they pertain to their respective portions of the Property. The Eagle Ridge North Property and the Eagles Nest Property are collectively referred to herein as the “Property.” B. The Original Agreement was amended by a Final Settlement Agreement Addendum dated April 3, 2003, to modify the date for construction of Eagle Ridge Drive to the date a certificate of occupancy is issued for a home in Eagle Ridge North, and a First Amendment to Final Settlement Agreement dated October 6, 2011, to modify the “Initial Vesting Period” for the Property. The Original Agreement, as amended by the Addendum and First Amendment described above, is referred to as the “Agreement.” C. The dispute that necessitated the settlement evidenced by the Agreement has been resolved, all of the “Conditions” as defined in the Agreement have been satisfied, all of the “Pending Actions” described in Section 2 of the Agreement have been resolved by the appropriate court actions, the Town has acquired the approximately 354 acre parcel of land adjacent to the Property and referred to as the “New Preserve Land” and paid the “Purchase Price” and all other matters relating to such Pending Actions have been concluded. However, the Agreement continues to govern the development of the Property. D. The Eagle Ridge North Property referred to in the Agreement has been renamed as “Adero Canyon.” Accordingly, all references to what was previously named the Eagle Ridge North Property shall be referred to in this Restated Agreement as the Adero Canyon Property. 2112643.24 2 The Adero Canyon Property is now owned by Adero, and the Eagles Nest Property is now owned by Eagles Nest. E. Adero has (i) applied for Planned Area Development (“PAD”) rezoning of approximately 80 acres of Adero Canyon, to allow for conversion of 52 single-family, custom lots into 31 semi-custom single-family lots, 44 attached “Townhome” lots and 120 Condominium units (the “Adero Canyon PAD”), resulting in an increase in Adero Canyon of 173 dwelling units to a total of 343 and (ii) requested other modifications to the Agreement. As used in this Restated Agreement, all references to “Adero Canyon PAD” shall mean the exhibit to the Town-Council approved ordinance that adopts the PAD zoning for Adero Canyon, including all stipulations, alterations and conditions included as part of its approval (the “PAD Rezoning Ordinance”). The Parties agree and understand that all items submitted in Adero’s PAD application, and the letters, comments and other materials explaining or discussing that application, including MCO’s January 22, 2014, PAD Application brochure, are of no force and effect, and that Adero, MCO and the Town shall look solely to the Town’s regulations, the PAD Rezoning Ordinance and this Restated Agreement with respect to the zoning regulations for Adero Canyon. To the extent of any conflict between the PAD Rezoning Ordinance, this Restated Agreement and the Town’s regulations, the PAD Rezoning Ordinance shall control first, then this Restated Agreement and then the Town’s regulations. F. The Town has requested that MCO (i) convey to the Town the property identified as Maricopa County Assessor’s Parcel No. 176-13-617W, as more particularly described and depicted on Exhibit C, attached hereto and incorporated herein by reference (the “New Town Lot”), in exchange for a conveyance by the Town to Eagles Nest of Tract E identified on the Final Plat for Eagles Nest Parcel 11 (“Tract E”) which was originally conveyed to the Town for potential use as a fire station and the use of which would be modified to a single family residential lot (the “New Eagles Nest Lot”) and (ii) release and quitclaim to the Town all deed restrictions and reversionary rights retained by MCO pertaining to the real and personal property located at 11445 N. Saguaro Boulevard. The Parties have agreed to this exchange of real property for their mutual benefit and, accordingly, the Parties have agreed to modify the Agreement and the Eagles Nest Final Plat to provide for a change in the use of Tract E into the New Eagles Nest Lot and modification of the applicable documents so that Tract E benefits from all entitlements applicable to all other single family residential lots in the Eagles Nest subdivision. G. Eagles Nest has constructed a substantial portion of the Eagles Nest Property, and it is the Parties’ intent that Eagles Nest continue development of the Eagles Nest Property as contemplated by the Agreement, and that nothing in this Restated Agreement shall affect Eagles Nest or the Eagles Nest Property, except that the total lot count and overall disturbance shall be increased to permit the use of the New Eagles Nest Lot as a lot for construction of a single- family residence and the related provisions pertaining the New Eagles Nest Lot. H. In addition to and as a result of the Adero Canyon PAD, Adero Canyon is to be replatted and the existing right-of-way for Eagle Ridge Drive, which was dedicated to the Town as part of the master plat for Adero Canyon, MCR # 2001-1201370, dated December 20, 2001 (the “Existing Final Master Plat”), must be abandoned by the Town. The final master plat and 2112643.24 3 all final parcel plats for Adero Canyon shall be consistent with the Adero Canyon PAD and the new preliminary master plat approved concurrently with the PAD Rezoning Ordinance and the execution of this Restated Agreement (the “New Preliminary Master Plat”). Accordingly, the Town and Adero have agreed to modify the Agreement to accommodate the changes consistent with the new Preliminary Master Plat and Adero Canyon PAD. Adero shall also coordinate with the City of Scottsdale regarding the abandonment and rededication of the bicycle path near Eagle Ridge Drive. I. Upon its approval and execution, this Restated Agreement shall be deemed to replace and supersede the Agreement and the McDowell Preserve Settlement Agreement dated June 27, 2001. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Developer Parties hereby agree as follows: 1. Lot Exchange. 1.1 Town Approvals. The Town shall approve a modification to the Eagles Nest Final Plat without fees payable by MCO or Eagles Nest to the Town and without any stipulations that are not already contained in the existing approved subdivision, such that the use of Tract E shall be changed from fire station use to use as the New Eagles Nest Lot, and record the amendment to the Eagles Nest Final Plat in the records of the Maricopa County Recorder’s Office. MCO will prepare at its sole cost and submit to the Town the revised final plat for Parcel 11 and other documentation necessary to effect this modification. 1.2 Benefits to New Eagles Nest Lot. All rights and benefits under the Agreement and the guidelines, standards and agreements that govern the development of all other single family residential lots in the Eagles Nest subdivision shall apply to the New Eagles Nest Lot as though it was originally platted as a single family residential lot in the applicable Eagles Nest Final Plat. 1.3 Driveway Locations. The driveway location for the New Eagles Nest Lot shall be permitted in non-conformance with the Town’s “Driveway Policy” with respect to the proximity to bridges. As was contemplated with the original fire station use, utility stub outs were approved for this lot and are within 100 feet of a small bridge to the east, and a driveway shall be permitted proximate to these utilities within the 100-foot restriction. 1.4 Conveyance of Property. Not later than 90 days after the Effective Date, the Town shall convey the New Eagles Nest Lot to Eagles Nest and MCO shall convey the New Town Lot to the Town. Each conveyance shall be free and clear of all monetary encumbrances placed upon each lot by the Town or MCO, as applicable and otherwise subject to all matters filed of record in Maricopa County, Arizona and as to the New Eagles Nest Lot, this Restated Agreement. 2112643.24 4 Eagles Nest, MCO and the Town agree to cooperate reasonably to remove any other non-monetary encumbrances on the New Town Lot and the New Eagles Nest Lot that would unreasonably impair the use of such lot by the receiving Party provided neither Party shall be required to incur material costs to remove such encumbrances. 2. Deed Restrictions Release. Not later than 30 days after the Effective Date, MCO shall deliver to the Town a quitclaim deed suitable for recording and in the form attached hereto as Exhibit D. It is the specific intent of the Parties that recording of the quitclaim deed and this Restated Agreement shall eliminate all restrictions and reversionary interests included in (i) the Warranty Deed dated December 13, 1979, recorded in the office of the Maricopa County Recorder in Docket 14123, pages 1143 to 1146 and (ii) those provisions of the instrument dated April 16, 1979, and recorded in the Office of the Maricopa County Recorder in Docket 13650 at Pages 0769 to 0787 but only to the extent that they apply to the property at 11445 N. Saguaro Boulevard. 3. SRP Aesthetic Funds. Upon Adero’s request, the Town shall initiate a request with Salt River Project for use of up to $500,000 of funds in the Town’s Aesthetic Fund account to partially defray the cost of making aesthetic improvements to the 69kv electric line in Adero Canyon (the “69kv Improvements”). In conjunction with the requests, Adero shall provide SRP with the scope of work for the 69kv Improvements. The Parties agree that SRP will be solely responsible for (i) completing design and cost estimates and (ii) determining what portion of the 69kv Improvements shall be eligible for funding. Adero agrees and understands that the Town’s “balance” of Aesthetic Funds is set to be diminished by SRP on May 1, 2015 from the current balance to $300,000. If Adero fails to both submit the request and accompanying documents to SRP and meet SRP’s requirements with sufficient time to ensure that SRP approves the 69kv Improvements and commits the funding by May 1, 2015, and the Town’s SRP Aesthetics Funds are diminished to $300,000, the Town’s obligation to commit the entire $500,000 of funds to the 69kv Improvements shall be reduced to $300,000 with the remaining $200,000 conditioned upon (i) permission by SRP for the Town to “borrow” $200,000 of future SRP Aesthetics Funds and (ii) availability from SRP of the Aesthetics Funds. The Town agrees to maintain at least $300,000 of Salt River Project Aesthetic Funds available for such purpose. The Town agrees to use reasonable good faith efforts to maximize the SRP Aesthetic Funds to Adero (not to exceed $500,000) including requesting to borrow funds in subsequent years if not available when first requested. The Town’s obligation to maintain the balance in the Aesthetic Funds shall be terminated upon the earlier to occur of completion of Phase 1a (as defined below) or January 1, 2018. 4. The Town Trailhead. 4.1 Trailhead Design. The Town intends to construct a trailhead near the northern extent of Eagle Ridge Drive within the New Preserve Land (the “Trailhead”) to provide improved access to a system of trails it has constructed on its land. The Town intends to construct the Trailhead in accordance with the site plan attached hereto as Exhibit E. If the Town determines, in its sole discretion, to materially modify the Trailhead from the site plan on Exhibit E, it shall notify Adero not less than 30 days prior to such modifications and shall permit Adero to comment on such changes. The Town’s changes to the Trailhead shall not impede the emergency access for the Eagles Nest Property or the Adero Canyon Property. 2112643.24 5 4.2 Deed Restrictions. Prior to the sale of those lots within Adero Canyon that are located immediately adjacent to the Town’s McDowell Mountain Preserve, Adero shall record restrictions against such lots, notifying the respective owners of such lots of the public trails adjoining the lots. The Town acknowledges that such notification may be incorporated into the declarations of reservations that Adero intends to record governing the development of the Property (the “CC&Rs”). 4.3 Emergency Access. Exhibit F attached hereto depicts a portion of the New Preserve Land commonly referred to as the “existing jeep trail” and referred to herein as the “Emergency/Utility Access.” Notwithstanding the Town’s acquisition of the New Preserve Land, the Town agrees that the Emergency/Utility Access shall be utilized for gated fire/emergency vehicle access and utilities service for Eagles Nest and Adero Canyon on the terms provided herein. 4.3.1 Necessary Easements. The Town acquired the New Preserve Land subject to those rights and easements (but not fee title) in favor of MCO or its affiliate as are reasonably necessary to construct, improve and use (on the terms set forth herein) an unpaved emergency access roadway and construct, maintain and use underground utilities (including customary above-ground appurtenances) within the corridor comprising the Emergency/Utility Access. 4.3.2 Standards; Maintenance. The Emergency/Utility Access shall be no wider than 20 feet wide (or such other less obtrusive configuration as may be allowed), and its design shall (i) be exempt from Subdivision Ordinance road design criteria, (ii) be reasonably acceptable to the Parties, (iii) allow its use for utilities service to serve the Property, and (iv) allow concurrent use as a pedestrian/bicycle trail. The Emergency/Utility Access shall be completed by Adero in conjunction with its completion of subdivision improvements for either the adjacent Parcel 2 in Eagles Nest or the Temporary Roadway Segment described in Section 7 below. Following improvement of the Emergency/Utility Access, Adero shall return its surface to as natural a state as reasonably possible, including needed revegetation and natural color restoration to minimize the appearance of previous disturbance as viewed from offsite. Following completion of Adero’s work on the surface of the Emergency/Utility Access, the Town shall maintain the Emergency/Utility Access area, which obligation shall be reflected in an easement instrument or by reservation in the conveyance instrument. 4.3.3 Use of Access. The Emergency/Utility Access easement shall additionally provide that the Emergency/Utility Access shall be used for vehicular traffic only for utility, emergency vehicle, trail restoration/construction and McDowell Mountain Preserve maintenance purposes and otherwise by private vehicles for emergency use only in cases where the southern route to Adero Canyon is blocked or otherwise unusable or on other emergency situations when reasonably necessary for purposes of public safety or to preserve private property. 4.3.4 Easement Form. The Emergency/Utility Access easement shall contain such other provisions and shall be in such form as is reasonably acceptable to both the Town and Adero. 2112643.24 6 4.4 Utilities. When required to be constructed in accordance with this Restated Agreement, permanent utilities in Eagle Ridge Drive shall extend to the property line shared between the Adero Canyon Property and the New Preserve Land at the closest point to the Trailhead. 4.4.1 Temporary Utilities. The Town and Adero agree that, due to the allowance for phased construction of Eagle Ridge Drive, as set forth in Section 7 below, temporary utilities will be necessary for operation of the Trailhead. Adero shall be responsible for the cost of constructing (i) a “vault-and-haul” system for collecting wastewater generated from the restroom facilities included on the site, (ii) a temporary water supply via a temporary tank and (iii) the use of temporary solar power generating facilities sufficient to power the water fountains, gate, irrigation and lights at the Trailhead (the vault-and-haul system, temporary water supply and temporary solar facilities are referred to collectively as the “Temporary Utilities”). The Temporary Utilities are to be constructed by Adero (according to plans reasonably approved by the Town and Adero) in conjunction with construction of the Trailhead and completed no later than completion of the Temporary Roadway Segment described in Section 7 below. If Adero fails to construct the Temporary Utilities, which failure continues after notice and reasonable right to cure, the Town may construct them and Adero shall promptly reimburse the Town for the actual out-of-pocket costs incurred by the Town to design and construct those Temporary Utility Improvements. The Town may at its option submit to Adero a proposed budget for the Town to construct the Temporary Utility Improvements and if acceptable to Adero, the Town shall construct those improvements and Adero shall reimburse the Town for the costs incurred by the Town, not to exceed the amount approved by Adero in the budget submitted by the Town and approved by Adero. Thereafter, the Town shall be solely responsible for the cost to maintain the Temporary Facilities. In conjunction with the permanent roadway improvements described in Subsection 7.1.4, Adero shall connect the permanent utility service lines for the Trailhead for water, sewer and grid power, if needed, to the permanent utility lines in Eagle Ridge Drive. This connection shall be at the property line shared between the Adero Canyon Property and the New Preserve Land at the closest point to the Trailhead. 4.4.2 Water Tank Site. Prior to approval of the New Final Master Plat, the Town and Adero shall (i) agree upon a precise location for a water tank necessary to serve the Adero Canyon Property, which water tank shall be located within the area generally depicted on Exhibit G, and (ii) execute such agreements as appropriate to carry out the purpose and intent of this Subsection. 5. Final Parcel Plats within Eagles Nest and Adero Canyon. 5.1 Revised Plats. The Parties agree and understand that Adero has submitted, and the Town has approved, Final Parcel Plats for Adero Canyon, but that the Adero Canyon PAD and other changes requested by Adero require that those plats be replaced. It is the Parties’ intent that the subsequent New Final Master Plat will revoke any portions of the existing Final Master Plat and the existing final parcel plats which are modified by the New Preliminary Master Plat in Adero Canyon, but that the Parties will endeavor to preserve the revised standards included on such final plats to the extent possible, as more fully described in Section 6 below. Adero will 2112643.24 7 submit to the Town a Final Master Plat for Adero Canyon consistent with the New Preliminary Master Plat. Unless otherwise provided herein, any references to the “Preliminary Plat” shall mean the New Preliminary Master Plat. Any prior approvals unmodified herein under the Original Agreement remain approved. The Final Master Plat shall show the easements necessary to provide legal access between Hidden Hills, Scottsdale Mountain Estates and the Adero Canyon Property. 5.2 Plat Review. The Town shall use its best efforts to promptly process and approve the applications for preliminary plats and final parcel plats within Adero Canyon to replace the plats revoked by the New Preliminary Master Plat, including improvement drawings in connection therewith, as soon as reasonably possible following submittal of same by Adero. 5.3 Submittal Completeness. The Town shall use its customary past standards in determining whether Adero’s final parcel plat applications are complete. The Town shall work in good faith with Adero and notify Adero no more than 30 days after the Town’s receipt if it deems any such application, or any submittal consisting of part of the application, to be incomplete. 5.4 Private Access. In connection with its approval of final parcel plats within Adero Canyon, the Town shall do both of the following, if requested by Adero: 5.4.1 Private Streets. Approve the private rights-of-way within Adero Canyon as shown in the applicable preliminary parcel plat so long as the private rights-of-way are constructed in general conformance with the Town’s public street standards, unless modified herein (the Parties acknowledge that Eagle Ridge Drive as depicted on the New Preliminary Master Plat and the subsequent final master plat for Adero Canyon shall be a public right-of-way). 5.4.2 Adero Canyon Gates. Approve gated entrances to such private rights-of-way from Eagle Ridge Drive. 5.5 Adjacent Development Connections. 5.5.1 Hidden Hills Connection(s). One private street roadway shall physically and legally allow emergency vehicle and public service vehicle access to/from The Hidden Hills II (Scottsdale) subdivision. Public pedestrian and bicycle access to/from that subdivision area shall be physically and legally allowed, either within that roadway right-of-way or in a separate right-of-way or easement. Adero shall be solely responsible for coordinating with the City of Scottsdale to address all matters necessary to cause relocation of the existing bicycle path easement and for designing the pathway to the City of Scottsdale standards. 5.5.2 Scottsdale Mountain Estates Connection(s). One private street and one emergency connection shall physically and legally allow access for the Scottsdale Mountain Estates subdivision (which lies at the northeast corner of Section 18). 2112643.24 8 6. Matters Relating to Development of Eagles Nest and Adero Canyon. 6.1 Zoning. The Official Zoning District Map of the Zoning Ordinance of the Town of Fountain Hills (the “Zoning Ordinance”) provides that portions of the Property are zoned R1-43, R1-35, R1-8, R1-6 and PAD (the “Zoning”). 6.1.1 Timing of Vesting. All zoning in Eagles Nest is vested. Zoning in Adero Canyon outside the Adero Canyon PAD is vested. Upon completion of Phase 1a (as defined below) of Eagle Ridge Drive and all related utilities, approximately 0.7 miles in length completed to the entrance to Parcel 2, as described in the Adero Canyon PAD, all zoning in the Adero Canyon PAD will be vested. 6.1.2 Vesting Defined. “Vested” means that the Town shall not, without the applicable Developer Party’s (or its successor’s) written consent, (i) change the Zoning to another zoning district or zoning classification, or (ii) amend a zoning classification or take any other action in a manner which would apply to the Property, where any such change, amendment, or action would reduce the density, permitted uses, or lot development standards provided for hereunder or otherwise in effect as of the date hereof. 6.2 Density. 6.2.1 Approved Density. Adero and Eagles Nest shall be permitted to develop, and the Town shall approve for development, final parcel plats and site plans for no more than 588 lots/dwelling units within the Property, comprised of 245 single-family lots within Eagles Nest and a total of 343 single-family lots, townhome dwelling units and multi-family/hotel units within Adero Canyon. 6.2.2 Limited Collector Roadway. Without limiting the foregoing, the Town Zoning Administrator has determined that the Emergency/Utility Access eliminates the single entrance 90-lot limitation for Adero Canyon set forth in Subdivision Ordinance Section 3.05 (A)(3)(e). The inapplicability of the 90-lot limitation has been confirmed by the Town Council in connection with its approval of the New Preliminary Master Plat, and shall be confirmed by the Town Council in connection with its approval of final parcel plats for parcels within Adero Canyon. 6.2.3 Permitted Modifications. Adero and Eagles Nest may increase the number of single-family lots as set forth in the final parcel plats for one or more parcels or sub- parcels comprising the Property, provided that the total number of all single-family lots for the entire Property does not exceed 424, the Property remains in conformity with the Zoning, and any such final parcel plat is materially consistent with the New Preliminary Master Plat and applicable preliminary parcel plat. 6.2.4 Limitations Upon Re-Subdividing. The CC&Rs shall prohibit re- subdivision of any lot or parcel comprising the Property, following recordation of the applicable Final Parcel Plat, unless such re-subdivisions are lot-line readjustments, lot joins or other subdivisions that do not result in the creation of more than the 424 single family lots as permitted 2112643.24 9 in Section 6.2.3 (any such re-subdivision or lot line adjustment by a retail purchaser of a lot shall not be permitted in order to create an additional lot), which shall be granted in the reasonable discretion of the Town. 6.3 Subdivision Standards. The Town’s Subdivision Ordinance establishes the standards for location and installation of infrastructure within the Property (the “Subdivision Standards”). The Parties agree that certain variations from the Subdivision Standards are appropriate for development within the Property, and that the Existing Final Master Plat and the final parcel plat maps previously approved for Adero Canyon (collectively, the “Existing Plats”) included a number of such variations. It is the Parties’ intent to preserve, to the extent possible, the standards agreed to in conjunction with the Existing Plats. Accordingly, the Parties agree to the following variations from the Subdivision Standards: 6.3.1 Cul-de-sac Streets. The Town agrees that the Cul-de-sac Standards shall be modified in conjunction with its approval of the final parcel plats to allow development of cul-de-sac streets within the Property no longer than 3000 feet, with no more than 25 lots. The Developer Parties shall use good faith efforts to limit the cross-slope of cul-de-sac bulbs to 8% where reasonably possible. Eagle Ridge Drive shall not be considered a cul-de-sac street for the purposes of the Subdivision Ordinance. 6.3.2 Loop Roads. The Town agrees that the Subdivision Standards shall be modified in conjunction with its approval of the final parcel plats to allow development of the loops roads within the Adero Canyon portion of the Property substantially in accordance with the standards approved on the Existing Plats. 6.3.3 Road Grades. The Town hereby approves road grades above 15%, but no greater than 18%, for up to 400 feet within private hillside local roads within the Property, and road grades above 15%, but no greater than 20%, for the Emergency/Utility Access and utility access roads serving the Reservoir Sites (the “Mountain Road Grade Standards”). The Town agrees that the applicable Subdivision Standards shall be modified in conjunction with its approval of the final parcel plats to allow development of the Property, the Emergency/Utility Access, and the utility access roads serving the Reservoir Sites in accordance with the Mountain Road Grade Standards. 6.3.4 Retaining Walls. The Town hereby approves (i) retaining walls with an average height of (a) six feet for cut slopes, without handrails and (b) eight feet for fill slopes, without handrails, unless a sidewalk or pathway is within five feet of a fill retaining wall or unless a roadway curb is within ten feet of a fill retaining wall, and (ii) that bridge and con arch abutments, head walls and wing walls are not considered retaining walls (the “Mountain Retaining Wall Standards”). The Town agrees that the applicable Subdivision Standards shall be modified in conjunction with its approval of the final parcel plats to allow development of the Property in accordance with the Mountain Retaining Wall Standards. 6.3.5 Roadway Design. The Town has approved the Existing Plats, which provide for roadway design, including stopping distances and lines of sight, for certain private hillside local roads, local roads, and collector roads within the Property, pursuant to local 2112643.24 10 streets and road standards promulgated by the American Association of State Highway and Transportation Officials in A Policy of Geometric Design of Highways and Streets 2001, Fourth Edition (the “2001 AASHTO Standards”). The Parties agree that the 2001 AASHTO Standards have subsequently been replaced with the current edition thereof, and that the Subdivision Standards have been modified to address a number of the issues related to development in Adero Canyon. The Parties agree that the applicable Subdivision Standards shall be modified in conjunction with its approval of the final parcel plats to the extent necessary to meet the current AASHTO Standards as of the date of this Restated Agreement, except as to Eagle Ridge Drive which shall meet the then current AASHTO Standards at the time the design is submitted for approval. 6.3.6 Lot Ratios; Depth. With respect to custom single-family lots, the lot depth to width ratio shall not be restricted. For other than custom single-family lots, a lot depth of less than 95 feet is permitted. 6.3.7 Roadway Cross Sections. The Town hereby approves the roadway cross sections set forth on Exhibit H as alternatives to the applicable Subdivision Standards. Roadway curbs may be rolled or 12”, 18” or 24” ribbon style on all public and private streets except where rolled or vertical curbs are necessary for storm water management or public safety as determined by an independent Professional Engineer and confirmed by the Town Engineer. 6.3.8 Roadway Minimum Horizontal Curve Length. The Town has approved the Existing Plats including certain roadways with minimum horizontal curve lengths less than the Subdivision Standards. The Town agrees that the Subdivision Standards shall be modified in conjunction with its approval of the final parcel plats to allow development of the Property substantially in accordance with the horizontal curve standards on the Existing Plats. All Hillside Local roads may have a minimum horizontal curve length of 50 feet. 6.3.9 Sidewalks, Trails and Bicycle Paths. The Town agrees that the Subdivision Standards shall be modified in conjunction with its approval of the New Preliminary Master Plat and subsequent final plats to allow development of the Property with sidewalks on one side of Local and Collector roads; provided, however, that nothing in this Restated Agreement shall be deemed to modify the requirements that all sidewalks shall be constructed of Class A concrete. All cul-de-sacs with ten or fewer units need not have a sidewalk. The sidewalk for Eagle Ridge Drive, beginning at the southern entrance to Adero Canyon and continuing to the Trailhead at the northern end of Adero Canyon, may be constructed as a meandering, public-access trail separated from the paved roadway. Where necessary, the trail may extend beyond the Eagle Ridge drive right-of-way; provided that Adero shall dedicate to the Town a ten-foot right-of-way for this trail for all portions outside the Eagle Ridge Drive right-of- way. The trail shall be within the Eagle Ridge Drive right-of-way at all road and wash crossings unless otherwise approved by the Town. The trail shall (i) be six feet in width, (ii) be constructed of class A concrete, which may be colored and textured to blend with the native environment and (iii) be certified as meeting all requirements of the Americans With Disabilities Act. A concrete-paved public bicycle path connection shall link the terminus points of two off- site bicycle lanes, one in the Hidden Hills subdivision in Scottsdale and one terminating on Eagle Ridge Drive at the southern entrance of Adero Canyon. Adero or a property owners’ association 2112643.24 11 shall be solely responsible for any maintenance associated with sidewalks and bicycle paths on private property. Adero or a property owners’ association shall also maintain the landscaping along all sidewalks and bicycle paths and shall be responsible for bike path sweeping and other basic upkeep. The Town shall be responsible for repairs to the surface of any sidewalks and bicycle paths within public right-of-way dedicated to the Town. 6.3.10 Minor Collector Design. The Town hereby approves modifying the Subdivision Standards for minor collector roads on the Property to permit a design speed of 25 miles per hour and a minimum radius of 250 feet. 6.3.11 Collector Road Improvements. Subject to the terms of Section 7.1.5, the Town hereby approves the elimination of turn pockets on Eagle Ridge Drive, except at the locations as shown on the New Preliminary Master Plat approved contemporaneously with this Restated Agreement. 6.4 Cuts and Fills. 6.4.1 Existing Waivers. Pursuant to the approval procedures set forth in Section 5.03(D) of the Subdivision Ordinance, the Town Council has previously approved (Case Numbers CFW2001-05 and CFW2001-06) those cut and fill waivers necessary to construct the streets and roads and other subdivision improvements serving the Property according to the Existing Plats (the “Existing Cut and Fill Waivers”). However, due to the changes necessary because of the Adero Canyon PAD, the Existing Cut and Fill Waivers are now obsolete for that area. The Parties hereby agree that (i) the cut and fill waivers shown on Exhibit I attached hereto (the “New Cut and Fill Waivers”) substantially conform to the Existing Cut and Fill Waivers and (ii) the New Cut and Fill Waivers hereby replace the Existing Cut and Fill Waivers. 6.4.2 Further Waivers. Any additional cut and fill waivers as may be necessary for the development of residential structures on the Property shall be subject to the approval procedure set forth in Section 5.03(D) of the Zoning Ordinance, as the standards for granting such waivers have been implemented to date by the Town Council. 6.4.3 Mountain Cut Standards. The Town has previously approved the Existing Plats, which, where permissible in the reasonable judgment of The Developer Party’s independent soils engineer, provide for (i) cut slopes of up to four feet in height with completely vertical inclination (without retaining wall), and (ii) exposed cut slopes equal to one foot horizontal for every two feet vertical (for cut slopes up to six feet in height) (the “Mountain Cut Standards”). Grading standards shall follow the standards previously approved on the original Adero Canyon plats. Notwithstanding the foregoing, terraced retained slopes may be up to 3:1 for fill slopes and 2:1 for cut slopes between terraced retaining walls. Unretained slopes may exceed ten feet for cut slopes so long as the natural material is stable and shall be as prescribed by the Town Engineer. The Town agrees that the Subdivision Standards shall be modified in conjunction with its approval of the final parcel plats to allow development of the Property in accordance with the Mountain Cut Standards. 6.5 Disturbance Allowance Procedures. 2112643.24 12 6.5.1 Standards. The Parties acknowledge that Subdivision Ordinance Section 5.04 sets forth provisions allowing hillside disturbance within subdivisions, and except as provided by the Disturbance Allowance Procedures (as defined below), shall apply to development of the Property, including the penalties set forth therein for violation thereof. 6.5.2 Exempt Areas. The Town hereby approves development of the Property with an average lot disturbance not to exceed 22,700 square feet per single-family lot (the “Disturbance Allowance”), and a total allowable disturbance of 5,561,500 square feet for the Eagles Nest Property (the “Eagles Nest Disturbance Allowance”) and 4,138,200 square feet for the Adero Canyon Property (the “Adero Disturbance Allowance”), without cost to the Developer Parties. All temporary and permanent subdivision improvements, including but not limited to all road, utility line and water tank construction as well as the areas covered by driveways and related vegetation as provided in section 6.5.5 are exempt (i.e. with respect to subdivision infrastructure and other such areas, all necessary disturbance will be permitted without disturbance penalty). Any disturbed areas for predevelopment investigations, testing, relocation or recovery including, but not limited to, geotechnical, environmental, archaeological or power line relocation work as well as any future or historic trails and roads used by hikers (including temporary trails necessary for the safe passage of hikers during construction of Eagle Ridge Drive), bicyclists, recreational vehicles or utility equipment shall not be counted towards the total amount of hillside disturbance within the Property and, after revegetation with native plant materials, shall be accepted by the Town as undisturbed hillside areas. 6.5.3 Disturbance Procedures. The Parties hereby adopt the following procedures (the “Disturbance Allowance Procedures”) to implement the Disturbance Allowance permitted for the Property: (i) In order to allow for development of the Property with the densities and intensities of uses as contemplated by this Restated Agreement the Adero Disturbance Allowance shall be allocated by Adero among the single-family lots, townhome lots, multi-family/hotel parcels and the sales/administration building parcel. The total allowable area of a lot that may not be disturbed (the “Nondisturbance Area”) shall be the total lot area, less the Disturbance Allowance for such lot plus any areas within the lot anticipated to be exempt from the provisions of the Subdivision Ordinance Section 5.04. No Eagles Nest Disturbance Allowance shall be allocated within the Adero Canyon Property, and no Adero Canyon Disturbance Allowance shall be allocated within the Eagles Nest Property. (ii) Prior to approval of each preliminary parcel plat within the Adero Canyon Property, Adero shall provide the Town with the calculations showing that each lot or parcel within such preliminary plat conforms with the applicable allocations of Disturbance allowance. The calculated Disturbance Allowance and Nondisturbance Area for each lot shall be set forth on a separate schedule submitted to the Town with the applicable final plat (the “Disturbance Schedule”). 2112643.24 13 (iii) In the event that the actual Disturbance Allowance within a lot or parcel, as established by a site plan approved by the Town for that lot or parcel in connection with building permit issuance is less that the Disturbance Allowance for such lot or parcel set forth on the Disturbance Schedule, the unused Disturbance Allowance for that lot or parcel may be allocated by Adero to other lots or parcels within the Adero Canyon Property. In no event shall the Disturbance Allowance exceed 35,000 square feet on any single family lot. (iv) The Adero Disturbance Allowance may only be allocated within the Adero Canyon Property. Any unused Disturbance Allowance remaining after the final residential or hotel improvements are constructed on each lot shall be deemed abandoned. (v) All disturbance pursuant to this Restated Agreement on a lot within the Property shall be the total allocated Disturbance Allowance for such lot. The property owner of each lot shall, concurrently with the issuance of the building permit for the construction of a single-family residence on such lot, record a Hillside Protection Easement in the form set forth on Exhibit J hereof. Such Hillside Protection Easement shall cover all portions of such lot outside of its allocated Disturbance Allowance area as finally configured, and which are not exempt from the provisions of Subdivision Ordinance Section 5.04. 6.5.4 Rounding of Cuts. “Rounding” or feathering the edges of cut banks adjacent to roadways, at the points where such slopes meet the natural grade, shall not be considered disturbance pursuant to the Subdivision Ordinance, and therefore shall not be deducted from the Disturbance Allowance for the Property. 6.5.5 Vegetation. Driveways up to 20 feet in width and the areas in which drought tolerant plantings on the front entrance areas to those 20 foot wide driveway corridors shall not be deemed disturbance of such areas hereunder and such areas shall not be deducted from the Disturbance Allowance for the applicable lot; provided that the ground work associated with the plantings on the front entrance areas to those driveways is minimized to the extent reasonably possible, and prior Town administrative approval is obtained for such work. 6.6 Subdivision Ordinance Section 5.04(E) Approval. 6.6.1 Disturbance Buffers. The Parties acknowledge that (i) Section 5.04(E) of the Subdivision Ordinance provides for fencing (as set forth in Subdivision Ordinance Section 5.04(E)(1)), or disturbance buffers (as set forth in Subdivision Ordinance Section 5.04(E)(2)), in order to protect “an area at least equal to the hillside protection requirements of the lot, parcel or tract,” and (ii) Subdivision Ordinance Section 5.04(B) provides that “[d]isturbance within street rights-of-way shall be exempted from the horizontal hillside disturbance limitations of this ordinance.” 6.6.2 Exempt Areas. The Town agrees that Subdivision Ordinance Section 5.04(E) is not applicable to development of the street rights-of-way, utility corridors 2112643.24 14 outside of street rights-of-way, and other areas disturbed in connection with the installation of subdivision improvements for the Property. 6.6.3 Alternative Marking For Rights-of-Way. The Town acknowledges that the street rights-of-way disturbance in connection with development of the Property is exempt from the disturbance buffers and fencing provisions of Subdivision Ordinance Section 5.04(E) and accordingly in compliance with said section. Notwithstanding the foregoing, disturbance corridors shall be delineated with iron stakes and ropes, which shall be maintained in place during the period of construction of the applicable street right-of-way. 6.7 Driveway Locations. The Town agrees that, to the extent consistent with the driveway requirements in the Town’s adopted Fire Code, it shall not withhold approval of the final parcel plats based on non-conformance with the driveway restrictions set forth in Section 7.03(A) of the Town Zoning Ordinance, as amended; provided, however, that any such non- conforming driveways shall be located as permitted by the Town Engineer in his reasonable discretion, including at locations within 100 feet of a bridge or major drainage structure. Notwithstanding the foregoing, there shall be no shared driveways and no driveway easements across one lot for the benefit of another lot on any single family residential lot; each single family residential lot shall have direct access through its own street frontage. 6.8 Sanitary Sewer. The sanitary sewer system for the Property will be designed per the specifications of the Fountain Hills Sanitary District and subject to approval by the Fountain Hills Sanitary District and the Town. 6.9 Water. The water systems for the Property shall be designed to specifications established by EPCOR and subject to approval by the Town relating to fire flow demand. 6.10 Miscellaneous Engineering Matters. The Town hereby approves (i) private roadways using CMP pipe to carry street flows; (ii) warranty curb replacement at five foot intervals; (iii) roadways with drop manholes, and (iv) other minor variations from Town staff policy, as set forth in this Restated Agreement (the “Miscellaneous Matters”). The Town Engineer shall approve development within the Property pursuant to the Miscellaneous Matters. Minor draws and drainage channels that do not require US Army Corps of Engineers permits may be modified or relocated so long as downstream drainage flows are not materially impacted. Facilities for the collection of water shall be designed so as to retain safely and adequately the maximum expected storm water runoff volume equal to the difference between the predevelopment condition and the post development condition for a 100-year storm event. Detention basins shall be sized for specific drainage requirements for Adero Canyon. Detention basins need not be oversized, and no land area will be required to be set aside for additional uses 6.11 Sale Limited to Improved Lots. Adero agrees that it shall not intentionally pay any tax pursuant to Section 8A-416(a) of the Town’s Tax Code, as amended, if it does not believe at the time it is paid that such amount is owed. 2112643.24 15 7. Additional Adero Obligations. 7.1 Eagle Ridge Drive. The Parties acknowledge that Eagle Ridge Drive as located on the Existing Plats (as subsequently amended) shall remain a public roadway. The Town agrees there shall not be a public transit route allowed on Eagle Ridge Drive. Adero shall construct Eagle Ridge Drive pursuant to a combination of Limited Collector and Minor Collector standards (from Palisades Boulevard to the Parcel 2 Entrance (defined below), as shown on the New Preliminary Master Plat) and Local Road Standards (from the Parcel 2 Entrance to the Trailhead), with a sidewalk on one side or a meandering trail as described in paragraph 6.3.9 and bicycle lanes on each side (for the Collector section) within the right-of-way for Eagle Ridge Drive. For the side of the roadway that contains both the sidewalk and a bicycle lane, the sidewalk shall be constructed of concrete and not less than six feet wide. 7.1.1 Timing of Construction; Phasing. Adero shall pave Eagle Ridge Drive and complete all appurtenant infrastructure and utility improvements related thereto, but may do so in two phases. The portion of Eagle Ridge Drive beginning at the southern entrance to Adero Canyon and ending at the entrance to “Parcel 2,” as shown on the New Preliminary Plat (the “Parcel 2 Entrance”) shall be fully constructed, with all utilities and appurtenant infrastructure, prior to issuance of the first certificate of occupancy for any residential building in Adero Canyon. The portion of Eagle Ridge Drive beginning at the Parcel 2 Entrance and continuing to the Trailhead shall also be constructed, as a temporary roadway, prior to issuance of the first certificate of occupancy for any residential building in Adero Canyon. The portion of Eagle Ridge Drive north of the Parcel 2 Entrance constructed as a temporary roadway shall be (i) fully graded to the approximate final subgrade elevations as provided in grading plans reasonably approved by the Town, (ii) compacted to the standards set forth in the Town’s Fire Code and (iii) covered with a dust controlled, all weather, aggregate surface with adequate drainage, erosion control fall protection, roadway shoulders/side slopes and safety features as reasonably deemed appropriate by the Town Engineer (the “Temporary Roadway Segment”). 7.1.2 Maintenance of Temporary Roadway Segment. Adero shall be solely responsible for maintaining and repairing the Temporary Roadway Segment until it is replaced with the permanent road and utility improvements. 7.1.3 Access to Trailhead. Access to the Trailhead prior to completion of the permanent road over the Temporary Roadway Segment shall be provided as follows: (i) The Town may construct a foot path from the current pavement edge of Eagle Ridge Drive to the Trailhead location (the “Temporary Foot Path”). The Temporary Foot Path shall be designed by the Town and reasonably approved by Adero to ensure that its construction and use is compatible with Adero’s planned construction of Eagle Ridge Drive. Adero agrees that the Temporary Foot Path will be open and accessible to the public until such time as Adero has commenced construction on Eagle Ridge Drive pursuant to a permit issued by the Town. (ii) Access by the Town to the Trailhead for the purpose of constructing or maintaining the Trailhead will be provided without interruption after 2112643.24 16 completion of the construction of Eagle Ridge Drive. The Town and Adero shall use reasonable efforts to coordinate construction schedules of the Trailhead and Eagle Ridge Drive prior to the Town bidding the Trailhead construction project and shall arrive at a reasonable schedule that accommodates both projects being completed in a timely manner, including a reasonable number of days allocated to delays caused by temporary closures as described below (the “Coordination Schedule”). During the construction of Eagle Ridge Drive the Town shall have access for constructing and maintaining the Trailhead according to the Coordination Schedule and at all times when, in the reasonable judgment of Adero, the use of such areas would not unreasonably interfere with Adero’s construction activities and use of such area would allow for safe access; provided, however, that if the Town has commenced construction of the Trailhead and Adero determines that a temporary restriction to the Town’s construction access is necessary to prevent an unreasonably dangerous condition, Adero may, after reasonable notice to the Town, cause such temporary closures as necessary so long as the Coordination Schedule is not unreasonably compromised. If Adero reasonably determines not to provide such access for the reasons above, Adero shall cause the Eagles Nest Property Owners Association to permit access through Eagles Nest to access the emergency road connection to Adero Canyon (“Alternative Access”) for purpose of emergency response, potable water delivery, maintenance, security and sewage removal (“Alternate Access Uses”). If (A) the Alternative Access is not usable by the vehicle necessary to perform the potable water delivery, maintenance, security or sewage removal task and (B) Eagle Ridge Drive has been closed by Adero according to this Subsection for a period of more than 60 days, then Adero shall be responsible for either performing the task itself at no cost to the Town or making such other accommodations as necessary to allow the vehicle to access the Trailhead. (iii) Public access will be provided following the Town’s approval of construction of the completed Eagle Ridge Drive segment up to the Parcel 2 Entrance and the Temporary Roadway Segment; provided, however, that during construction of the permanent road improvements to replace the Temporary Roadway Segment, Adero may restrict public access during the time periods when, in the reasonable judgment of Adero, public access cannot be safely permitted or would unreasonably interfere with Adero’s construction activities. At times when such public access is restricted, pedestrian/bicycle public access will be provided along the meandering public access sidewalk/trail described in Subsection 6.3.9 to the Trailhead subject to prohibition of use of such trail at such times when in the reasonable judgment of Adero, the use of such areas would not allow for safe public access. To accommodate this, the Town acknowledges that temporary rerouting of this trail may be necessary during construction, which temporary routes will be of a natural surface. During this period, Adero shall provide for (i) signage and barricading to clearly indicate road closure and the alternate access to the Trailhead and (ii) temporary parking along Eagle Ridge Drive for the number of cars that can reasonably be accommodated in that area, allowing for safe ingress and egress, as well as the passage of construction equipment. Any disturbance required to provide such temporary parking shall not count toward the Disturbance Allowance. 2112643.24 17 7.1.4 Permanent Roadway. Adero shall replace the Temporary Roadway Segment with permanent road improvements prior to issuance of the first building permit for construction of a Dwelling Unit within any lot or parcel in any part of Adero Canyon other than the Adero Canyon PAD area and “Parcel 1.” In the event that a certificate of occupancy has not been requested and approved, in accordance with the Town’s adopted building codes, for a dwelling unit in the Adero Canyon PAD area (not including the Sales Office) by December 31, 2020, unless such date is extended due to a Force Majeure, the Temporary Roadway Segment phasing option described above shall be revoked and MCO shall thereafter be required to construct the entirety of Eagle Ridge Drive prior to issuance of the first certificate of occupancy for any dwelling unit in Adero Canyon, as previously required by the Agreement. Any delay or failure in the performance by any Party hereunder shall be excused if and to the extent caused by the occurrence of a Force Majeure. For purposes of this Agreement, Force Majeure shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of the Party claiming Force Majeure including, without limitation, hard dig and blasting not identified in an independent geotechnical report, referendum, lawsuits, construction delays not due to Adero’s actions, acts of God, fires, floods, explosions, riots, wars, hurricane, sabotage terrorism, vandalism, accident, restraint of government, governmental acts, injunctions, labor strikes that prevent the furnishing of materials or equipment, and other like events that are beyond the reasonable anticipation and control of the Party affected thereby, despite such Party’s reasonable efforts to prevent, avoid, delay, or mitigate the effect of such acts, events or occurrences. Each Party shall notify the other not later than 30 days following the date on which such Party has knowledge of the Force Majeure event. If such notice is not provided within that 30-day period, the applicable extension shall be reduced by the time period commencing after such 30-day notice period has expired, until such notice is given. Each party shall update the other as to the status of the continuance of such Force Majeure. 7.1.5 Eagle Ridge Drive/Palisades Boulevard Improvements. MCO previously paid the Town for its share of the traffic signal to be constructed by the Town at Eagle Ridge Drive and Palisades Boulevard and all associated turn lanes. Adero shall have no further obligations with respect to the intersection improvements. 7.2 Wildlife Sensitivity. Adero shall construct wildlife sensitive crossings within the Property. The Town agrees that MCO may meet this obligation by utilizing bridges, con-arch structures and/or large box culverts, subject to Town approval, so long as designs incorporate concrete bottoms or sandy bottoms with rip rap under the sand and along the sides as necessary for adequate erosion control. 7.3 Utility Location. The Developer Parties shall use good faith efforts to avoid locating wet utilities (i.e., water, sewer, and natural gas) within unfilled wash areas within the Property. In connection therewith Developer Parties shall be permitted to suspend wet utility lines below the Bridges, if applicable. 7.4 Custom Signage and Landscaping. Adero shall submit a sign plan to the Town for approval. A property owners’ association shall be responsible for the maintenance of any custom signage and landscaping along all rights-of-way including the public right-of-way for Eagle Ridge Drive. Custom signage for vehicular control shall convey the basic principles that 2112643.24 18 govern design in accordance with the most current edition of the Manual on Uniform Traffic Control Devices. 8. Town Regulation of Development. 8.1 Applicable Rules. The rules, regulations and official policies of the Town applicable to and governing the development of Adero Canyon shall be those rules, regulations, and official policies which were existing and in force for the Town as of January 1, 2014. The Town shall not impose or enact any additional conditions, zoning exactions, dedications, rules, regulations, or official policies applicable to or governing the development of the Property except for any of the following: 8.1.1 Consistent Modifications. Future land use rules, regulations and official policies of the Town that are consistent with and not contrary to the Preliminary Plats, the Final Master Plats, and the Final Parcel Plats and that do not: (i) decrease the development potential of the Property; (ii) require any additional infrastructure improvements or dedications in connection with the development of the Property; (iii) limit or adversely affect the rate, timing or sequencing of development of the Property; or (iv) limit or adversely affect the uses, number and density of lots or dwelling units or intensity of development of the Property. 8.1.2 Regulatory Compliance. Future land-use rules, regulations and official policies of the Town enacted as necessary to comply with state and federal laws and regulations, provided that in the event any such state or federal laws or regulations prevent or preclude compliance with this Restated Agreement, such affected provisions of this Restated Agreement shall be modified as may be necessary (and only to the extent required) in order to comply with such state and federal laws and regulations. 8.1.3 Fees and Charges. Future imposition of taxes or filing or review fees, development fees, or modifications thereto, so long as such taxes or fees are imposed or charged by the Town to all similarly situated persons and entities. Notwithstanding the foregoing, in no event shall Adero be required to pay any type fees that did not exist in the Town’s rules and regulations in 2000. 8.1.4 Model Homes. The Town shall allow the construction of up to five model homes in each parcel before substantial completion of roads and utilities so long as operable fire hydrants and all-weather fire access are in place to serve the fire protection needs (i.e. adequate pressure and volume) for the homes. Certificates of Occupancy for these homes shall not be issued until finished roadways (subject only to paving of the “final lift”) are complete and potable water, sewer and electrical power services are operational to the homes and approved by the Town for use. 8.1.5. Parking. On-street parking on private streets shall be permitted on the non-sidewalk side of streets only, so long as a 20-foot driveable area remains in the right-of- way for passage of emergency vehicles. 2112643.24 19 To the extent that any new or amended rules, regulations, or official policies of the Town not specifically enumerated in this Section 8.1 above conflict with the Preliminary Plats, the Final Master Plats, the Final Parcel Plats, or this Restated Agreement, then the Preliminary Plats, the Final Master Plats, the Final Parcel Plats and this Restated Agreement as applicable, shall control. 8.2 Moratorium. The Town may enact any moratorium, ordinance, resolution or other land-use rule or regulation or limitation on the rate, timing or sequencing of the development of the Property that applies equally to all vacant residential lots in Fountain Hills, and is otherwise permitted pursuant to ARIZ. REV. STAT. § 9-463.06 in effect as of the date hereof. 8.3 Utilities. The Developer Parties acknowledge that the Town, at the date of execution of this Restated Agreement, provides no municipal utility services (except fire service, if applicable) and the Town has no control over the provision of such services by other entities and makes no representations with respect to the availability of such services provided by other entities. Notwithstanding the foregoing, the Town agrees that in the event it provides municipal utility services in the future, the Town (i) shall make such services available to the Property on the same terms of availability as are applicable to other real property served by the Town, (ii) shall continue to provide such services as reasonably required in connection with development and use of the Property, and (iii) shall not adopt policies and procedures with respect to the provision of such services which would delay development of the Property. 8.4 Review Fees. The Town shall waive all construction permit (but not plan check) fees for subdivisions for the Property for Eagles Nest and Adero. If expedited review of any plans is requested by Adero, upon receipt of such a request, the Town shall discuss the request with Adero and Town staff to determine who the Town will retain as its outside consultant to complete the expedited review. Once the Parties reasonably agree on (i) the applicable time frame for review, (ii) the applicable outside consultant, and (iii) the consultant’s total fees, Adero will be responsible to promptly pay the Town’s actual cost related to outsourcing as such costs are billed to the Town. The Town shall complete the review process as outlined above in a timely manner. If the Town needs or desires technical expertise beyond its internal expertise for items for which fees are payable by Adero, the Town may engage such experts as it deems necessary according to the process above and all costs of such experts shall be the responsibility of Adero. Adero shall also pay within 30 days after execution of this Agreement by all parties, $30,000 to defray a portion of the Town’s reasonable attorney’s fees incurred in drafting, revising and negotiating this Restated Agreement. 9. Cooperation and Alternative Dispute Resolution. 9.1 Representatives. To further the commitment of the Parties to cooperate in the implementation of this Restated Agreement, upon the request of any Developer Party or the Town, the Town and the applicable Developer Party shall each designate and appoint a representative to act respectively on behalf of the Town and its various departments and the applicable Developer Party, except as otherwise provided in this Restated Agreement or by law. The initial representative for the Town shall be the Town Attorney, and the initial representative for the applicable Developer Parties shall be its General Counsel, or other party, as identified by 2112643.24 20 the applicable Developer Party from time to time. The representatives shall be available at all reasonable times to discuss and review the performance of the Parties to this Restated Agreement, and shall cooperate in order to facilitate any third party action needed to complete the actions contemplated by this Restated Agreement. 9.2 Impasse Procedure. If an impasse or dispute arises out of or relates to this Restated Agreement, or the breach thereof, including without limitation the submittal, its interpretation or intent, or processing and approval of the Final Parcel Plats, the Parties agree to first try in good faith to settle the dispute by negotiation. In the event of any such negotiation, the Parties shall personally meet in an effort to resolve such dispute within twenty (20) days of written request to do so by either the Town or the applicable Developer Party. 9.3 Default; Cure. Upon a failure or unreasonable delay by any Party to perform or otherwise act in accordance with any term or provision of this Restated Agreement, and failure of the procedures set forth in Sections 9.1 and 9.2 above, the other Party may give written notice of default specifying the nature of the failure or delay and the manner in which it may be satisfactorily cured, if possible. In the event such failure or delay is not cured within 30 days after notice of nonperformance is given by the non-defaulting Party, such Party will be in default. In the event of such default, the non-defaulting Party may seek as its remedy, either the damages reasonably related to the breach or specific performance. If the nature of the defaulting Party’s nonperformance is such that it cannot reasonably be cured within 30 days, then the defaulting Party will have such additional periods of time as may be reasonably necessary under the circumstances, provided the defaulting Party promptly (i) provides written notice to the non-defaulting Party and (ii) commences to cure its nonperformance and thereafter diligently continues to completion the cure of its nonperformance. In no event shall any such cure period exceed 90 days. 10. Notices. Any notice required or permitted to be given under this Restated Agreement shall be in writing and shall be deemed to have been duly given if (i) delivered to the Party at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (iii) given to a recognized and reputable overnight delivery service, to the address set forth below: Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Kenneth W. Buchanan, Town Manager With a copy to: GUST ROSENFELD, P.L.C. One East Washington Street, Suite 1600 Phoenix, Arizona 85004-2553 Attn: Andrew J. McGuire 2112643.24 21 Developer Parties: MCO Properties Inc. 13620 S. Saguaro, Suite 200 Fountain Hills, Arizona 85268 Attn: Jeremy Hall With a copy to: MCO Properties Inc. 1330 Post Oak Boulevard, Suite 2000 Houston, Texas 77056 Attn: David Suson or at such other address, and to the attention of such other person or officer, as any Party may designate in writing by notice duly given pursuant to this Subsection. Notices shall be deemed received (i) when delivered to the Party in person or by facsimile, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (iii) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a Party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a Party shall mean and refer to the date on which the Party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 11. General Provisions. 11.1 Waiver. No delay in exercising any right or remedy shall constitute a waiver thereof, and no waiver by the Town or a Developer Party of the breach of any covenant of this Restated Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Restated Agreement. 11.2 Headings. The descriptive headings of the sections and paragraphs of this Restated Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. 11.3 Exhibits. Any exhibit attached hereto shall be deemed to have been incorporated herein by this reference with the same force and effect as if fully set forth in the body hereof. 11.4 Further Acts. Each of the Parties hereto shall execute, acknowledge and deliver all such documents, instruments, stipulations and affidavits and perform all such acts as reasonably necessary, from time to time, to carry out the matters contemplated by this Restated Agreement. Without limiting the generality of the foregoing, the Town shall timely cooperate and process promptly any requests and applications for any necessary approvals relating to the development of the Property by a Developer Party and its successors and assigns, or otherwise provided for hereunder. The Town’s cooperation, processing and approvals of matters with respect to the Property shall not be withheld or delayed so as to unreasonably impede development of the Property. 2112643.24 22 11.5 Successors and Assigns. All of the provisions hereof shall inure to the benefit of and be binding upon the successors and assigns of the Parties hereto. 11.6 Third Parties. No term or provision of this Restated Agreement is intended to or shall be for the benefit of any person, firm, organization or corporation not a Party hereto, and no such other person, firm, organization or corporation shall have any right or cause of action hereunder. 11.7 Entire Agreement. This Restated Agreement constitutes the entire agreement between the Parties hereto pertaining to the subject matter hereof. All prior and contemporaneous agreements, representations and understandings of the Parties, oral or written, are hereby superseded and merged herein. 11.8 Amendments. No change or addition shall be made to this Restated Agreement except by a written amendment executed by the Parties hereto. Except as otherwise provided herein, any such amendment shall be adopted as required by law. 11.9 Good Standing; Authority. Each of the Parties respectively represents and warrants to the other (i) that it is duly formed and validly existing under the laws of Arizona, with respect to MCO, or a municipal corporation within the State of Arizona, with respect to the Town, (ii) that it is respectively a Delaware limited partnership duly qualified to do business in the State of Arizona or an Arizona municipal corporation and is in good standing under the applicable state laws, and (iii) that the individual(s) executing this Restated Agreement on behalf of the respective Parties is authorized and empowered to bind the Party on whose behalf each such individual is signing and that all necessary corporate, Town Council or other approvals or consents necessary to the effectiveness of this Restated Agreement have been granted or obtained. 11.10 Legality. The Town hereby represents that: 11.10.1. Valid Approval. The Town has complied or shall timely comply with all applicable laws and has taken or shall take all necessary steps, including without limitation, the holding of all required public hearings, to enter into this Restated Agreement and obligate the Town hereunder; and 11.10.2. Valid Authority. The Town has the authority to enter into this Restated Agreement and comply with its requirements. 11.11 Severability. If any provision of this Restated Agreement is declared void or unenforceable, such provision shall be severed from this Restated Agreement, which shall otherwise remain in full force and effect and this Restated Agreement shall be deemed reformed to replace the void or unenforceable provision with a valid and enforceable provision as similar as possible in effect to the void or unenforceable provision. The Parties shall meet and confer as soon as practicable for the purpose of drafting, in good faith, the substitute provision. If an applicable law or court of competent jurisdiction prohibits or excuses the Town from undertaking any contractual commitment to perform an act hereunder, this Restated Agreement 2112643.24 23 shall remain in full force and effect, but the provision requiring such action shall be deemed to permit the Town to take such action at its discretion. 11.12 Termination Upon Sale of Lots. This Restated Agreement shall automatically terminate as to any Lot (defined below), without the necessity of any notice, agreement or recording by or between the Parties, anytime the required certificates of occupancy are issued by the appropriate Town official for all buildings on a Lot. A “Lot” (collectively “Lots”) shall be any part of the Property, including common areas, that is identified in a recorded residential subdivision plat or site plan that has received final approval from the Town. This Restated Agreement shall automatically terminate as to any part of the Property that is dedicated by deed, map of dedication or otherwise for public or governmental facilities and uses. Nothing contained in this Section 11.12 shall affect any obligation, tax, charge, assessment, encumbrance or other lien imposed on any Lot by the Town, a community facilities district or any other special taxing district. 11.13 Governing Law. This Restated Agreement is entered into in Arizona and shall be construed and interpreted under the internal laws of Arizona, without reference to conflict of laws principles, and suit pertaining to this Restated Agreement may be brought only in courts in Maricopa County, Arizona. 11.14 Notice of ARIZ. REV. STAT. §38-511. The Town hereby notifies the Developer Parties of the provisions of ARIZ. REV. STAT. §38-511 (Cancellation of political subdivision and state contracts; definition), which provides, inter alia, that the state, its political subdivisions or any department or agency of either may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the state, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the state, its political subdivisions or any of the departments or agencies of either is, at any time while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or a consultant to any other party of the contract with respect to the subject matter of the contract. The Parties acknowledge that no person significantly involved in initiating negotiating, securing, drafting or creating this Restated Agreement on behalf of the Town either is an employee or agent of the Developer Parties, in any capacity, or a consultant to the Developer Parties with respect to the subject matter of this Restated Agreement. 11.15 Time of Essence. Time is of the essence of this Restated Agreement and each provision hereof. 11.16 Counterparts. This Restated Agreement may be signed in counterparts, and the fully executed counterparts shall together constitute a single original Agreement. 11.17 Attorneys Fees. If either Party hereto shall bring suit against the other as a result of any alleged breach or failure by the other Party to perform any obligations under this Restated Agreement or in any exhibit or other document delivered pursuant hereto, or shall seek declaratory relief with respect to any provision hereof, then in such event, the prevailing Party in such action shall, in addition to any other relief granted or awarded by the court, be entitled to 2112643.24 24 judgment for reasonable attorneys’ fees and expert witness expenses incurred by reason of such action and all costs of suit and those incurred in preparation thereof at both trial and appellate levels. 11.18 Counterparts. This Restated Agreement may be executed in counterparts, all of which together shall be deemed to constitute one instrument, and each of which shall be deemed an original. In addition, the Parties acknowledge and agree that facsimile or scanned and electronically transmitted signatures shall be deemed valid and binding, and thereafter, upon request of either Party, each Party agrees to deliver original signed copies of this Restated Agreement to the other Party. 11.19 Non-Default. By executing this Restated Agreement, all parties affirmatively assert that (i) the other parties are not currently in default, nor have been in default at any time prior to this Restated Agreement that has not been cured, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this Restated Agreement are forever waived. [SIGNATURES ON FOLLOWING PAGES] 2112643.24 25 IN WITNESS WHEREOF, the Parties hereto have executed this Restated Agreement as of the date and year first set forth above. “Town” TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Kenneth W. Buchanan, Town Manager ATTEST: Bevelyn J. Bender, Town Clerk (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On _________________, 2014, before me personally appeared Kenneth W. Buchanan, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document. Notary Public (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] 2112643.24 26 “MCO” MCO Properties Inc., a Delaware corporation, successor-in-interest to By: MCO Properties L.P., d/b/a MCO Properties Limited Partnership a Delaware limited partnership Jeremy Hall, President (ACKNOWLEDGMENT) STATE OF ) ) ss. COUNTY OF ) On ___________________, 2014, before me personally appeared Jeremy Hall, President of MCO PROPERTIES INC., a Delaware corporation, as successor-in-interest to MCO Properties L.P., d/b/a MCO Properties Limited Partnership, a Delaware limited partnership, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the corporation. Notary Public (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] 2112643.24 27 “EAGLES NEST” EN LLC, d/b/a EN at Fountain Hills LLC, a Delaware limited liability company Jeremy Hall, President (ACKNOWLEDGMENT) STATE OF ) ) ss. COUNTY OF ) On _________________, 2014, before me personally appeared Jeremy Hall, President of EN LLC, d/b/a EN at Fountain Hills LLC, a Delaware limited partnership, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the partnership. Notary Public (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] 2112643.24 28 “ADERO” Adero Canyon LLC, a Delaware limited liability company Jeremy Hall, President (ACKNOWLEDGMENT) STATE OF ) ) ss. COUNTY OF ) On __________________, 2014, before me personally appeared Jeremy Hall, President of ADERO CANYON LLC, a Delaware limited liability company, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the company. Notary Public (Affix notary seal here) 2112643.24 29 EXHIBIT A-1 TO FINAL SETTLEMENT AGREEMENT AMENDED AND RESTATED MAY 1, 2014 BETWEEN THE TOWN OF FOUNTAIN HILLS AND MCO PROPERTIES INC. [Legal Description – Eagle Ridge North Property] See following pages. 2112643.24 30 EXHIBIT A-2 TO FINAL SETTLEMENT AGREEMENT AMENDED AND RESTATED MAY 1, 2014 BETWEEN THE TOWN OF FOUNTAIN HILLS AND MCO PROPERTIES INC. [Map – Eagle Ridge North Property] See following pages. 2112643.24 31 EXHIBIT B-1 TO FINAL SETTLEMENT AGREEMENT AMENDED AND RESTATED MAY 1, 2014 BETWEEN THE TOWN OF FOUNTAIN HILLS AND MCO PROPERTIES INC. [Legal Description – Eagles Nest Property] See following pages. 2112643.24 32 EXHIBIT B-2 TO FINAL SETTLEMENT AGREEMENT AMENDED AND RESTATED MAY 1, 2014 BETWEEN THE TOWN OF FOUNTAIN HILLS AND MCO PROPERTIES INC. [Map – Eagles Nest Property] See following pages. 2112643.24 33 EXHIBIT C TO FINAL SETTLEMENT AGREEMENT AMENDED AND RESTATED MAY 1, 2014 BETWEEN THE TOWN OF FOUNTAIN HILLS AND MCO PROPERTIES INC. [New Town Lot] See following pages. 2112643.24 34 EXHIBIT D TO FINAL SETTLEMENT AGREEMENT AMENDED AND RESTATED MAY 1, 2014 BETWEEN THE TOWN OF FOUNTAIN HILLS AND MCO PROPERTIES INC. [Quitclaim Deed] See following pages. 2112643.24 35 EXHIBIT E TO FINAL SETTLEMENT AGREEMENT AMENDED AND RESTATED MAY 1, 2014 BETWEEN THE TOWN OF FOUNTAIN HILLS AND MCO PROPERTIES INC. [Trailhead Site Plan] See following pages. 2112643.24 36 EXHIBIT F TO FINAL SETTLEMENT AGREEMENT AMENDED AND RESTATED MAY 1, 2014 BETWEEN THE TOWN OF FOUNTAIN HILLS AND MCO PROPERTIES INC. [Emergency/Utility Access] See following pages. 2112643.24 37 EXHIBIT G TO FINAL SETTLEMENT AGREEMENT AMENDED AND RESTATED MAY 1, 2014 BETWEEN THE TOWN OF FOUNTAIN HILLS AND MCO PROPERTIES INC. [Water Tank Map] See following pages. 2112643.24 38 EXHIBIT H TO FINAL SETTLEMENT AGREEMENT AMENDED AND RESTATED MAY 1, 2014 BETWEEN THE TOWN OF FOUNTAIN HILLS AND MCO PROPERTIES INC. [Roadway Cross Sections] See following pages. 2112643.24 39 EXHIBIT I TO FINAL SETTLEMENT AGREEMENT AMENDED AND RESTATED MAY 1, 2014 BETWEEN THE TOWN OF FOUNTAIN HILLS AND MCO PROPERTIES INC. [New Cut and Fill Waivers] See following pages. 2112643.24 40 EXHIBIT J TO FINAL SETTLEMENT AGREEMENT AMENDED AND RESTATED MAY 1, 2014 BETWEEN THE TOWN OF FOUNTAIN HILLS AND MCO PROPERTIES INC. [Form of Hillside Protection Easement] See following pages. 2147245.2 ORDINANCE NO. 14-01 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS OFFICIAL ZONING DISTRICT MAP FOR APPROXIMATELY 80 ACRES GENERALLY LOCATED ALONG EAGLE RIDGE DRIVE AS SHOWN IN CASE NO. Z2013-06, FROM R1-43, R1-8 AND R1-6 (SINGLE-FAMILY RESIDENTIAL) TO ADERO CANYON PAD (MULTI- FAMILY/HOTEL, TOWNHOMES, SEMI-CUSTOM AND SALES & ADMINISTRATION). 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 + 80 acre parcel of real property from R1-43, R1-8 and R1-6 to Adero Canyon PAD (the “Zoning District Map Amendment”); and WHEREAS, the zoning proposed by this ordinance is consistent with the amendment to the Fountain Hills General Plan 2010, GPA2013-01, approved by the Town Council on May 1, 2014; and WHEREAS, all due and proper notices of public hearings on the Zoning District Map Amendment to be 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 February 13, 2014, on the Zoning District Map Amendment, after which the Commission failed to make a recommendation to the Town Council; and WHEREAS, pursuant to the Town of Fountain Hills Zoning Ordinance, Section 2.01 (D)(1), because the Commission was not able to make a recommendation to the Town Council within 60 days after the date of the hearing, the Zoning District Map Amendment was automatically forwarded to the Town Council with a recommendation for denial; and WHEREAS, the Town Council held an additional public hearing regarding the Zoning District Map Amendment on May 1, 2014. 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. 2147245.2 2 SECTION 2. The + 80 acre parcel of real property generally located along Eagle Ridge Drive as shown in Case No. Z2013-06, as more particularly described and depicted on Exhibit A, attached hereto and incorporated herein by reference, is hereby rezoned from R1-43, R1-8 and R1-6 (Single-Family Residential) to Adero Canyon PAD (Multi-Family/Hotel, Townhomes, Semi-Custom and Sales & Administration). 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, May 1, 2014. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Kenneth W. Buchanan, Town Manager Andrew J. McGuire, Town Attorney 2147245.2 EXHIBIT A TO ORDINANCE No. 14-01 [Adero Canyon PAD] See following pages. Adero Canyon PAD 1 2145251.7 ADERO CANYON PLANNED AREA DEVELOPMENT (PAD) Section 1 – Purpose The Adero Canyon PAD zoning district is located on 79.9 acres within Adero Canyon, and is established so as to accomplish the following: 1. Reconfiguration and reclassification of residential land uses and zoning districts, including zoning changes from R1-6, R1-8 and R1-43 to Adero Canyon PAD pursuant to the standards outlined below. 2. Increase total residential unit count. 53 of the original 171 custom hillside lots in Adero Canyon are to be replaced by revised plats and the Adero Canyon PAD. The requested Adero Canyon PAD unit count is increased to 195 as follows: Semi-Custom Lots 31 Townhome Lots 44 Multi-family / Hotel Units 120 PAD Total 195 3. Increase the Disturbance Allowance. The previous Adero Canyon master plan limited the non-infrastructure related hillside disturbance allowance to 89.11 acres which was allocated on a lot-by-lot basis to be 22,700 square feet per single family lot based on the originally contemplated 171 custom hillside lots. Due to the smaller lots and production nature of the three new product types within the PAD, the total non-infrastructure-related hillside disturbance area allowed within Adero Canyon will increase to 95.0 acres of which approximately 23 acres will be within the PAD. Section 2 – Establishment of Districts and Design Guidelines The Adero Canyon PAD hereby establishes the following four land-use districts within the 79.9 acre PAD zone. These are unique zoning districts that are subject to the design guidelines and standards set forth below and the Town of Fountain Hills Zoning Ordinance. In the event of a conflict between the Zoning Ordinance (or the Amended and Restated Settlement Agreement relating to the PAD zone approved concurrently with this PAD) and this PAD, the provisions of this PAD shall prevail. MF - Multifamily / Hotel TH - Townhomes SC - Semi-Custom Lots SA - Sales & Administration Land uses were conceived and sited for the Adero Canyon PAD by balancing three objectives: 1. Transition residential uses and densities from existing neighborhoods adjacent to the southeast to avoid stark changes in housing type. 2. Change building density logically by progressively lowering density as the land plan traverses northwesterly into Adero Canyon to the custom lots at the higher elevations. 2 F l 2145251.7 3. S Figure 1 - T land-use dist ite and size The Adero C tricts within land uses wh Canyon PAD that boundar A S here the natu D District M ry. FI dero Canyo SC ural landform Map depicts t IGURE 1 on PAD Dist T SA ms are best s the PAD zon trict Map TH suited for the ne boundary MF Adero Can e product typ y as well as F nyon PAD 2 pe. s the four Adero Canyon PAD 3 2145251.7 Land Use Descriptions The following describes each land-use district and the reasons for its inclusion in the Adero Canyon PAD: MF - Multifamily / Hotel Parcel Designed for garden-style multi-family residential units, or hotel units either as an extension of an existing hotel in the vicinity, or as a stand-alone hotel (pursuant to a special use permit), on approximately 12.5 acres, with up to 120 units (approximate density of 9.6 units per acre). The units will be clustered in buildings of up to three stories in height and will be compatible with the high-density adjacent hotel buildings, providing a logical progression of land uses to the lower density uses further into Adero Canyon. The units may either be for sale or for rent or may be converted to rooms or suites for a resort hotel. Residential units will be organized in a series of buildings on each side of an access drive. The buildings will be oriented along the contours of the natural landforms and built into the grade in order limit visual impacts. TH - Townhome Lots A 24 acre parcel with 44 attached Townhomes in blocks of two or three contiguous units, with a maximum density of 2.0 units per acre. The individual structures, containing either two or three single-story independent units will have an overall massing similar to future homes to be built on the large estate custom lots at the back and adjacent higher elevations to this parcel so as not to appear out of scale to the future custom homes. The units will fan around a prominent knoll in lower Adero Canyon in terraces following the basic hillside landform making it the first iconic architectural expression viewed as one sweeps down into Adero Canyon on Eagle Ridge Drive from the main entrance. Internal streets are generally “single loaded” with units on one side so as to avoid unsightly driveway cuts into the uphill sides of roadways and using building structures to partially conceal street improvements from view of neighboring properties. Resident parking will be provided in two-car garages within each unit accessed from common auto courts in front of, or between, units and a small common parking lot will be constructed to serve a small swimming pool amenity. Temporary visitor parking will be permitted on one side of streets only and clearly marked so that a 20 foot clear area remains in the right of way for passage of motor vehicles. Building setbacks are established to minimize disturbance and cuts and fills. The site design, landscape treatment and architecture will be developed to carefully integrate with the dramatic desert setting. SC - Semi-Custom Lots Planned for a total of 31 detached, single-family homes at a maximum density of 1.05 units per acre. These lots will have a minimum allowable size of 10,000 square feet. Building setbacks are established to minimize disturbance as well as cuts and fills. The semi-custom lot neighborhood has been strategically located in the basin of Adero Canyon where topography is relatively flat in order to produce flat lots and minimize cuts and fills. Steps between the lots balance the response to the direction of natural slopes with the requirements for building footprints and 15% maximum road grades gradual enough for fire emergency vehicles. All homes may be single or two-story and garage parked for residents. Temporary visitor parking will be permitted on one side of streets only and clearly marked so that a 20 foot clear area remains in the right of way for passage of motor vehicles. Adero Canyon PAD 4 2145251.7 SA - Sales & Administration A small Sales & Administration use is reserved near the entrance to Adero Canyon for a lot and home sales. Later, the building will be used as an information and administration building for the community. It is sited between the inbound and outbound rights-of-way of Eagle Ridge Drive. This parcel is restricted for use only as a sales office and administration office for a property owner’s association. Density, Area, Building and Yard Regulations ADERO CANYON PAD - Zoning Ordinance Summary The chart that follows specifies the minimum lot sizes, minimum lot width, maximum building heights, minimum yard setbacks, lot coverage percentages, and distance between buildings. Adero Canyon PAD 5 2145251.7 Design Guidelines The refined direction for Adero Canyon focuses on incorporating a broader spectrum of housing types. Recent development models in desert hillside environments have shown that a careful mix of varied residential product types can help elevate the quality of community as well as ensure financial stability and sustainability by appealing to a broader market. The refined plan for Adero Canyon moves to one with a mixture of unique and identifiable products in neighborhoods that celebrate the best aspects of diverse community building. The following principles will guide the planning, design and execution of the community: Focus on Quality • Incorporate authentic timeless architecture that reinforces the community brand. • Maintain a consistent design theme • Create a unique community identity that further elevates the reputation of Fountain Hills’ light touch on the land • Carefully balance development with open space • Create design that is highly sensitive to natural topography and landforms • Maximize view corridors • Limit disturbance into the native desert landscape • Focus on long-term stewardship of the land • Integrate healthy living opportunities with the outdoors • Create lasting positive impressions for homeowners and visitors • Establish a financial model that’s based on long term success • Introduce a more diverse product type to meet market segmentation • Anticipate future market changes and trends • Understand changing buyer demographics Community Theme The overall site planning will be complemented by community features and themes that will be organized around a series of materials, desert treatments and special features that take inspiration from the simple organic building methods of indigenous people, prospectors and ranchers of the past, incorporating rammed earth, rustic elements, simple geometry, boulders and natural vegetation in common areas. Community design elements, such as signage and walls, will focus on a range of materials including, but not limited to, the following: 1. RUSTED STEEL 2. STONE BOULDERS 3. RAMMED EARTH 4. BOARD FORM CONCRETE 5. PAINTED METAL/CONCRETE PANELS 6. WROUGHT IRON 7. ADOBE BRICK AND SLUMP BLOCK Architecture Concepts While the design intent is not to establish one single style, the strategy for building theme is to create a unifying philosophy of design that echoes some of the historic building aspects of the Sonoran Desert. The design intent is to focus on design expressions that are authentic to the area and embrace the heritage of the historic inhabitants of the McDowell Mountains. The community theme will be “old Arizona” echoing the simple organic building methods of indigenous people, prospectors and ranchers incorporating rammed earth, rustic elements, simple geometry, boulders and natural vegetation. Design Adero Canyon PAD 6 2145251.7 guidelines for homes will incorporate environmentally-sensitive design techniques and themes that have long been associated with the desert southwest. A hacienda ranch theme will complement the natural setting and reinforce a desert ranch vernacular that has evolved over centuries. Simple building masses, with broad overhangs, pitched roofs, shed roofs and carefully located courtyards and gateway thresholds provide for indoor/ outdoor living with integrated shade and landscape for comfort and lifestyle. Natural materials of brick, adobe, stone, metal and wood provide attractive visual accents and durability. Strategic placement of doors and windows, along with careful building orientation help to capture natural breezes. The hacienda traditional layout of open-oriented rooms reinforces the connectivity to the outdoors and an expanded living area. Unlike many communities that introduce numerous house styles with the intent of creating architecture variety, the intent for Adero Canyon will be to carefully integrate the many aspects of the hacienda design and incorporate contemporary construction techniques and materials to encourage a strong overall design theme for the community. A thoughtful and refreshing spectrum of variety will be better integrated based on house size, product type, location, orientation and how homes integrate with the desert setting. Architectural design guidelines incorporating this design intent will be conceived, administered and reviewed by one or more property owners’ associations. Landscape The overall landscape strategy for the development will focus on highlighting the special nature of the Adero Canyon environment. All site improvements will be complimented with landscape treatments of native trees, shrubs, cacti, succulents and ground covers. The planting design will establish a strong visual link between new construction and the native, natural setting. A comprehensive landscape strategy comprised of three primary treatment zones will be utilized to ensure the overall landscape design intent. These three zones will include: • Native Treatment - areas intended for native open space. • Transitional Treatment – areas along streets and ROWs adjacent to the natural desert. • Enhanced Treatment- areas immediately surrounding new development. Each treatment maintains its own identity and consistency of character while sharing plant species and design elements to create logical transitions between landscaped areas. These differing treatments are designed to both promote preservation and allow homeowners flexibility in personal aesthetic within their lots while maintaining a unified theme. All plant materials shall be from the Town of Fountain Hills approved plant species lists. A property owners’ association shall be responsible for the maintenance of landscaping along all rights-of-way, including the public right-of-way for Eagle Ridge Drive. Adero Canyon PAD 7 2145251.7 Native Landscape Zone The Native Landscape Zone (NLZ) is intended to mimic the native condition of Adero Canyon in both plant species and densities as well as native ground cover treatment. Disturbance from construction activities within the NLZ will be revegetated to the native condition. NLZ areas are primarily reserved for native open space. Transition Landscape Zone The Transition Landscape Zone (TLZ) is similar in nature to the Native Landscape Zone and has the general appearance of the natural desert, but is intended to incorporate additional adaptive species to seamlessly blend the Native and Enhanced Landscape Zones. The TLZ is also appropriate for improved roadside landscapes and disturbed areas that warrant an improved landscape treatment. Enhanced Landscape Zone While the Enhanced Landscape Zone (ELZ) maintains many of the same characteristics as the Native and Transition Landscape Zones, it allows for additional adaptive species and treatments for improvements adjacent to residential development and key community features such as site amenities and community entrances. The ELZ allows flexibility for individual residential expression while maintaining continuity throughout the community and with the native condition of Adero Canyon. Conceptual Integrated Reuse of Boulders The planned townhomes have been thoughtfully organized to blend in with the terrain and natural setting. Each grouping of units has been carefully considered for views into and out of the site. The meandering roadway and circulation route provides access to a series of strategically located building pads. Associated retaining walls will be integrated into the overall architectural character of the units. Included in this strategy will be a series of boulder landscape terrace planned along the lower base of several groupings of units to blend with the existing environment. Adero Canyon PAD 8 2145251.7 Section 3 - Adero Canyon PAD Legal Description Adero Canyon PAD Area Commencing at a GLO Brass Cap at the Northwest Corner of Section 17, Township-3-North, Range-6- East, of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, which is the Point of Beginning; thence S 89°53’25” W, a distance of 162.69 feet; thence N 17°37’39” W, a distance of 235.86 feet; thence N 19°08’15” W, a distance of 188.09 feet; thence N 26°45’55” W, a distance of 405.46 feet; thence N 59°23’01” W, a distance of 391.44 feet; thence N 30°52’15” W, a distance of 411.95 feet; thence N 44°10’32” E, a distance of 72.17 feet; thence N 35°05’58” E, a distance of 486.04 feet; thence S 65°21’48” E, a distance of 136.48 feet; thence S 48°27’16” E, a distance of 723.50 feet; thence S 28°47’22” E, a distance of 521.43 feet; thence S 79°47’41” E, a distance of 276.70 feet; thence S 48°15’21” E, a distance of 366.99 feet; thence S 66°29’43” E, a distance of 148.14 feet; thence S 01°17’20” W, a distance of 250.46 feet; thence S 55°26’42” E, a distance of 164.36 feet; thence S 79°03’00” E, a distance of 440.08 feet; thence S 40°20’05” E, a distance of 231.03 feet; thence S 01°11’09” W, a distance of 276.29 feet; thence S 41°49’37” W, a distance of 128.49 feet; thence S 28°54’30” W, a distance of 205.00 feet; thence S 43°06’08” W, a distance of 120.82 feet; thence N 86°55’29” E, a distance of 154.35 feet; to a tangent curve concave southwesterly with a radius of 500.00 feet; thence through said curve an arc length of 521.97 feet, a delta angle of 59°48’50”; thence S 33°15’41” E, a distance of 458.83 feet; to a tangent curve concave northeasterly with a radius of 500.00 feet; thence through said curve an arc length of 103.59 feet, a delta angle of 11°52’12”; thence S 44°54’11” W, a distance of 549.72 feet; thence S 26°22’38” E, a distance of 79.43 feet; to a non-tangent curve concave southwesterly with a radial bearing of S 57°42’50” W and with a radius of 941.03 feet; thence through said curve an arc length of 21.08 feet, a delta angle of 01°17’01”; thence through said curve an arc length of 125.67 feet, a delta angle of 07°39’07”; thence S 63°37’22” W, a distance of 76.85 feet; to a non-tangent curve concave westerly with a radial bearing of S 65°32’36” W and with a radius of 865.00 feet; thence through said curve an arc length of 265.06 feet, a delta angle of 17°33’24”; thence S 06°54’00” E, a distance of 48.00 feet; thence N 39°14’11” W, a distance of 180.33 feet; thence N 22°01’13” W, a distance of 518.76 feet; thence N 41°06’07” W, a distance of 339.40 feet; thence N 18°18’49” W, a distance of 371.42 feet; thence N 56°00’07” W, a distance of 183.78 feet; thence N 80°37’56” W, a distance of 455.43 feet; thence N 53°14’25” W, a distance of 536.86 feet; Adero Canyon PAD 9 2145251.7 thence N 15°00’08” W, a distance of 285.85 feet; thence N 27°12’16” W, a distance of 209.34 feet; thence N 58°25’53” W, a distance of 142.26 feet; thence N 00°07’50” W, a distance of 146.16 feet; which is the Point of Beginning, having an area of 3,529,185.23 square feet, or 81.0189 acres. Exception to the Boundary EPCOR Revised Reservoir Site No. 6 Commencing at a GLO Brass Cap at the Northwest Corner of Section 17, Township-3-North, Range-6- East, of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; thence S 76°48’30” E, a distance of 349.51 feet to the Point of Beginning; thence N 00°00’00” W, a distance of 123.95 feet; thence N 64°25’00” E, a distance of 76.25 feet; thence S 77°24’01” E, a distance of 88.80 feet; thence S 77°24’01” E, a distance of 86.88 feet; thence S 16°39’33” W, a distance of 188.32 feet; thence S 73°20’27” E, a distance of 61.13 feet; to a non-tangent curve concave southeasterly with a radial bearing of S 17°38’05” E and with a radius of 35.50 feet; thence through said curve an arc length of 42.76 feet, a delta angle of 69°01’09”; thence N 86°39’14” W, a distance of 105.31 feet; thence N 47°36’09” W, a distance of 155.72 feet; which is the Point of Beginning, having an area of 47,180.46 square feet, or 1.0831 acres. 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Summit Drive).Hecanthenadd itto theothers.Im To:Cordabella at CopperWynd Homeowners As you may be aware,MCO has asked that a portion ofthe Adero Canyon development at the endof Eagle Ridge Drive be rezoned to provide for approximately 61 customer home lots,44 twin homes,120 multi-family unitsand119 custom lots. This will double the number of units inthe Adero Canyon development from the originalmaster planof 171 large lot homesto 344 units of different types including multi-family.According to the developer's trafficconsultant,the development of Adero Canyon will result in2,898 additional vehicle tripson Eagle Ridge Drive alone. There will bea Planning Commission public hearing on Thursday,February 13,2014 at the Fountain Hills City Hall regarding the rezoning.Please refer back to notification sent on February 3,d. Many Cordabella homeowners believe thatthe proposed increase in density may considerably and negatively alter the character ofour community.The traffic and noise may decrease safety and security in the area,along with a resulting reduction in property values.For these reasons,and several others,the proposed rezoning appears tobe inappropriate for the Adero Canyon location. If you would like to join in opposing the rezoning,you may stop by any of the following homes between 9:00am and 6:00pm between Friday and next Wednesday in order to add your signature and address tothe posted form Or you may forward this email along with your signature,address,and any additional comments to Karen.Sundberg@fsresidential.com. 14881 East Vista View Court 14781 East Summit Drive 14887 East Summit Drive All signatures and emails must be received by Wednesday,February 12th 5:00pm. Y0U'^&W.Q)J^fSovz^vW-<^^>^/ Cordabella Homeowners'Adero Canyon Committee Dean Wieber Co-Chair Vlad Herman Co-Chair 0 LA yy Richard Johansen 14995 E.Summit Dr. Fountain Hills, AZ April 28,2014 Reference:Adero Canyon Attention:L.Kavanagh 04~28~UP0^:nn RCVO I am writing regarding the proposed development of Adero Canyon.When we purchased our home our Realtor,who works for MCO,informed us about the plans for Adero Canyon.At that time,we were comfortable with the proposed development. The Scope of the Proposed Development is now much greater than what MCO stated it would be. This will have a negative impact on the value of our property. I request that you limit the development in scope and size to what MCO proposed initially and what they communicated to all of the Buyers that purchased homes from them. Respectfully, Rich Johansen 2128 Quail Ridge Road Ames,IA 50010 Robert 'Bob'Rodgers From:Ken Buchanan Sent:Monday,April 28,2014 11:05 AM To:Robert 'Bob'Rodgers Cc:Paul Mood Subject:FW:Adero Canyon fyi From:Linda Kavanagh '<a Sent:Monday,April 28,2014 11:04 AM :06 To:Ken Buchanan ^^V/) Subject:FW:Adero Canyon fyi From:Lance Hawthornthwaite rmailto:lancetoh(5)shaw.ca1 Sent:Sunday,April 27,2014 9:56 AM To: Linda Kavanagh; Dennis Brown; Ginny Dickey;Tait Elkie;Henry Leger; Cecil Yates Subject:Adero Canyon To whom this may concern, I would liketo express my concerns regarding the request in zoning change for Adero Canyon, it would seem the developer MCO wants the current residents of the surrounding area to absorb the business risks they took when purchasing the property.I agree with the other residents and strongly appose the zoning change, it isnot the responsibility of local residents to bailout MCO, I own myown business and understand the benefits and burdens of risk,it is unethical of the developer to expect local residents to be burdened with the increase intraffic, noise and reduced safety when MCO's riskscould be mitigated when the market turns around or a new plan that is consistent with your zoning ordinance be put forward. The original plan of 171 homes detailed in the earlier (2001)settlement agreement is consistent with Fountain Hills zoning ordinance and is consistent with your 2004 and 2010 general plan. It does conflict with Fountain Hills subdivision ordinances regarding cul-de-sacs lengthsand number of residential units on a cul-de-sac.MCO's current proposal takes these exceptions even further. The rezoningrequest, ifgranted,will be an unprecedented waiverof long established rules with significant risk of unforeseen consequences. Adero Canyon was to be lowdensity, this was part ofthe 2002 and 2010 Fountain Hills General Plan,ifyouallowfor the changes MCO has requested will you be grantingthe same variances to all developers in Fountain Hills? Yours Truly, Lance Hawthornthwaite Cordabella 14705 E Canyoncrest Ct. Scottsdale,AZ Robert 'Bob'Rodgers From:Conklu,Susan [SConklu@Scottsdaleaz.gov] Sent:Wednesday,February 05, 2014 4:15 PM To:Paul Mood Cc:Robert 'Bob'Rodgers;Dave Ott; Randy Harrel Subject:Adero Canyon Comments Hi Paul, Here are my comments regarding the application.I want to clarify some items in the submittal regarding Scottsdale's trails,etc. Trails Instead of Paved Sidewalks An unpaved trail ononeorboth sides ofthe road instead ofa paved sidewalk is appropriate for Rural character areasin Scottsdale.The major arterials should have a paved path onone side as well.Suburban areas could have a trail on one side and a path or sidewalk on the other.We have not experienced issues with concrete sidewalks settling and cracking if constructed properly.When settling has occurred it was dueto large treestoo close tothe sidewalk and their root systems.Cracking has occurred when large maintenance vehicles have parked on the sidewalks/paths where the concrete is less than6"thick and without proper thickness control joints.Undercutting has occurred if rip-rap is not used in high stormwater flow areas adjacent tothe sidewalk such as streets without curb and gutter or where sidewalks/paved paths are running the length ofa major wash.Concrete is often preferred as an all-weather surface for pedestrians and all bicycle tire types.Unpaved trails are preferred by equestrians and runners. If this will bethe only pedestrian access route with no other alternate routes,the Access Board gives guidance on how trailsshould be constructed. Pleasesee mycommentat the bottom ofthis messagefor links to PROWAG. Design Standards Scottsdale requires unpaved trails to be designed and constructed in accordance with the Design Standards and Policies Manual,or DS&PM (http://www.scottsdaleaz.gov/desien/dspm)specifically Section 8-3.This document is updated annually and supersedes the Scenic Corridor Design Guidelines or other such documents.The DS&PM includes design standards for trail grade,trail tread,vegetation clearance,drainage,wash crossings,signage,and easement widths and setback from streetsfor new trails.Crossings must include detectable warning surface such as truncated domes with either curb ramps ora blended transition.There is also information on maintenance near the end of Section 8-3. Atrail ona minor collector would likely be classified in Scottsdale asa Secondary ora Neighborhood/Local trail.The DS&PM gives guidance on how both types of trails should be constructed.Secondary trails are desired to be 10-feet wide with 8-feet minimum acceptable.Neighborhood/Local trails are desired to be 8-feet wide with 6-feet minimum acceptable width.On both types of trails maximum sustained grade should not exceed 5 percent.Amaximum grade of 8 percent may beusedforshort distances notto exceed200 linear feet.Please referto Section 8-3for all ofthe information. Stabilizer So far,we have used stabilizer on one trail outside the McDowell Sonoran Preserve,on the Mountain View Trail completed in Fall 2012. Before constructing the Mountain View Trail we tested three stabilization products.Two were from Stabilizer Solutions: Stabilizer and Staylok Gold. The third was from Floric Polytech called Solid Earth.It was decided to use the Solid Earth product from Floric Polytech because it seemed to hold up better to horse traffic and wet conditions.At this point the trail tread has held up well.The location of this trail is: • West side of 124th Street fromjust south ofCactusto Via Linda • Eastside of 124th Street from Via Linda to Sahuaro Drive •South of CAP Canal -behind the houses on the west side of 124th Street until Mountain View •North sideof Mountain View from justwestof 124th Streetto 120th Street •East sideof 120th Streetto the northend ofthe Stonegate Equestrian Park Please note,the Via Dona trail did NOT have stabilizer added.Instead that trail has alternate routes to and from the roadway (classified as a local road)for disabled users who need a more firm,stable surface than we were able to construct through the wash crossings. Whether or not stabilizer is used in construction of a trail,the trail surface must be graded,wetted,and compacted properly. Maintenance Trails are not maintenance free and the City of Scottsdale does NOT maintain all trails.In most developments the development agreements require the homeowners association to maintain the trail.There are trailsincity rights-of-way with noadjacent HOA where the cityperforms maintenance ofthe trail. Maintenance includesclearingoverhanging branches,adjacent vegetation,and any growth in the trail tread.Pre-emergent must be applied regularly to minimize weed growth on the trail surface. Aftersignificantrain has softened the trail, the surface can become damaged bytrail users before the tread has dried.This can require maintenance work to regrade/compact the surface again. Anywash crossings are proneto more maintenancedue to sediment beingdeposited on top ofthe trailor the trailitselferoding. Fire,Emergency Vehicle Access: Per Jim Ford in Scottsdale Fire: We have coordinated the connection with FH Fire and are ok with their connection per FH fire requirements. I'm reattaching the items below in regards to the separate paved bike/pedestrian path from 145th Way (Hidden Hills)to the top of Eagle Ridge Drive: By following the Access Board's proposed changes,the ADA (R302.5.4 highlighted in green below)gives usthe flexibility to fit it in the best we can based on the constraints.Here are Scottsdale's comments: •Compare the grades from the previous plan,the proposed roadway and the proposed path. • Ask FHWA for their opinion (Ihave contact info). •Provide a paved path basedon AASHTO guidance (5.2.7 highlighted ingray below)that non-paved should not exceed 3%. • Donot narrow the radius and try to get as closeto 20mph design speed as possible (2%cross slope/super elevation). •Either provide a 2foot min clear/recovery area with an8foot pathora 1foot recovery area with a 10foot path with edge lines. Our paths includeedge linesand centerline striping. • It's best not to minimizetoo many items...the width, the radius and the recoveryarea, with steep grades. o Reduce the grade where possible, to the extent that's practicable. •Extend the northern radiusof the path further to the north into the flatter grades where the previousroadway was planned. Thiscould helpflatten the grade for that segment. • Continue coordination with JimFord with Scottsdale Fire regarding the street connection and gates for emergency vehicles. The text below is from the proposed changes to PROWAG underthe Supplemental Notice (second link below,then select Proposed Supplements on the left side of the page). R302.5.4 Physical Constraints includes sometext that matches 5.2.7 from the AASHTO guide.AASHTO covers more information suchasoptionsto mitigate excessive grades on paths.AASHTO alsostates gradessteeperthan 3%;may not be practical for unpaved surfaces because of bicycle handling and drainage erosion.; The Access Board proposed changes to the 2011 NPRM for PROWAG (http://www.access-board.qov/quidelines-and- standards/streets-sidewalks/public-riqhts-of-way/proposed-riqhts-of-wav-quidelines)to add coverage of Shared Use Paths. The Supplemental Notice is available at http://www.access-board.qov/quidelines-and-standards/streets- sidewalks/shared-use-paths/supplemental-notice. R302.5 Grade The SNPRM would revise R302.5 to read as follows: R302.5 Grade.The grade of pedestrian access routes shall comply with R302.5. R302.5.1 Within Street or Highway Right-of-Way.Except as provided in R302.5.3,where pedestrian access routes are contained within a street or highway right-of-way,the grade of pedestrian access routes shall not exceed the general grade established for the adjacent street or highway. R302.5.2 Not Within Street or HighwayRight-of-Way.Where pedestrian access routes are not contained within a street or highway right-of-way,the grade of pedestrian access routes shall be 5 percent maximum. R302.5.3 Within Pedestrian Street Crossings.Where pedestrian access routes are contained within a pedestrian street crossing,the grade of pedestrian access routes shall be 5 percent maximum. R302.5.4 Physical Constraints.Where compliance with R302.5.1 or R302.5.2 is noTpracticable dueto exisi terrain or infrastructure,right-of-way availability, a notable natural.featur^.or similar existing physical constraints,compliance is required to the extent practicable.' R302.5.5 Regulatory Constraints.Where compliance with R302.5.1 or R302.5.2 is precluded byfederal,state, or local laws the purpose of which is to preserve threatened or endangered species;the environment;or archaeological,cultural, historical, or significant natural features,compliance is required to the extent practicable. As proposed inthe NPRM,R302.5 wouldrequire the grade of pedestrian access routes contained within a street or highway right-of-way,except at pedestrian street crossings,to not exceed the general grade established for the adjacent street or highway; and the grade of pedestrian access routes not contained within a street or highway right-of-way to be 5 percent maximum.R302.5.1 would require the grade of pedestrian access routes contained within a pedestrian street crossing to be 5 percent maximum. The SNPRM would renumber R302.5 to include a general provision in R302.5;the specific provision for the grade of pedestrian access routes contained within a street or highway right-of-way in R302.5.1; the specific provision forthe grade of pedestrian access routes not contained within a street or highway right-of-way in R302.5.2; and the specific provision forthe grade of pedestrian access routes contained within a pedestrian street crossing in R302.5.3. The SNPRM would add new provisions at R302.5.4 and R302.5.5 that would require compliance with the grade provisions in R302.5.1 or R302.5.2 to the extent practicable where compliance is not practicable due to physical constraints and where compliance is precluded by regulatory constraints.We proposeto addthese new provisions in response to public commentson the ANPRM,which included draft technical provisions for grade similarto those proposed inthe R302.5.Thecomments noted that physical or regulatoryconstraints may prevent full compliance withthe grade provisions.Physical constraints would include existingterrain or infrastructure, right-of-way availability,a notable natural feature, or similar existing physical constraints. Regulatory constraints would include federal,state,or local lawsthe purpose of which isto preserve threatened or endangered species; the environment; or archaeological, cultural, historical, or significant natural features. The proposed provisions are consistent with the AASHTO Guide.The AASHTO Guide recommends that the gradeofa shared use path should not exceed 5 percent;but,where the pathis adjacent to a roadway with a grade that exceeds5 percent,the gradeofthe path should be lessthan or equalto the roadway grade.The AASHTO Guide notes that grades steeper than 5 percent are undesirable because ascents are difficult for many path users, and the descents cancausesome path users to exceedthe speeds at which theyare competent or comfortable.See AASHTO Guide,5.2.7 Grade. Sorry forthe lengthy email.Please letme know ifyouhaveany questions. Thanks, Susan Conklu,Senior Transportation Planner City of Scottsdale Transportation Planning Robert 'Bob'Rodgers From:Dean Wieber [dean.wieber@gmail.com] Sent:Tuesday,February 04,2014 3:05 PM To:Paul Mood;Robert 'Bob'Rodgers Cc:'Vlad Hermann' Subject:Meeting note Paul and Robert,-• Thankyoufor meeting with Vlad Hermann and me yesterday. We really appreciated allof your time and professionalism.You havea difficult role to play in circumstances like thisand I'm glad youwe have folks like youwho are willing to take on that role. Wedidn'tgetcomplete closure onthe meaning of Single Family inthe General Plan so I went back to the Town of Fountain Hills 2010 General Plan for clarification. I found the following definition for Single-Family/Very Low Density Residential:Single Family Low Density Single- Family/Very Low Density Residential (.025-1.0 DU/AC)The Single-Family/Very Low Density Residential category denotes areas where large-lot single-family residential development is desirable and all urban services (sanitary sewer,water,law enforcement,fire protection,schools,parks,etc.)are available or can be provided. Inthe same definitions section,and separate and distinctfromthe single family definitions,there were additional definitions for Multi-Family uses including the following:Multi-Family/Medium Density Residential (4.0-10.0 DU/AC)The Multi-Famiiy/Medium Density Residential category denotes areas where higher density attached residential uses,such as duplexes and townhouses,are desirable and all urban services are available.Suitability for development will be determined in part on transportation access to the arterial roadway system,existing land use patterns,public infrastructure capacityandsuitable topography. Based onthe definitions inthe general plan I must conclude that the plan makes a clear distinction between single- family and multi-family starting with two-family homes such as a duplex.We discussed this in the context thatthe General Plan onlyprovidesfor Single Family uses inthe Adero Canyon development. Further the least dense Multi-Family classification detailed above specifically references transportation access tothe arterial roadway system whereas the Single-Family/Very Low Density makes no reference to collector or arterial street access.Clearly the framers thoughtthat access to arterial roads wasan essential partof duplex zoning. I only bring this up as Iwant tobe sure thatthe Adero Canyon proposed rezoning,general plan amendment and replatting is noted as not being consistent with the recently approved general plan both in regards to types of housing and arterial road access. Thank you again for your time and attention. Sincerely, Dean Wieber Dean Wieber dean.wieber@gmail.com Cell 612-991-2472 wwwwo RC'/n The proposed rezoning and subsequent development of Adero Canyon by MCO will virtually double the traffic on Eagle Ridge Drive in short order and should not be approved.Based upon comments by MCO at the recent PlanningCommission meeting it isclear that if the originalplan is followed isfollowed the traffic willbe much less and take a long time to build;perhaps a decade or more. Under the new plantraffic along Eagle Ridgewillquicklydouble placinga huge burden on the neighborhood as many residents back up to the road with no buffer whatsoever. MCO referred to Adero Canyon astheir "crown jewel". Our homes are our crown jewels and we've invested much more than MCOand Copperwynd combined.That investment and the previous commitments by MCO must be honored. MCO and Fountain Hills should follow the pre-approved planfor the development and not placethis burden on the neighborhood. Vlad Herman The proposed rezoning of Adero Canyon by MCO istotally inappropriatefor so many reasons. MCOand the Town of Fountain Hills agreed in 2001 to build 171 large lot custom homes inAdero Canyon.Now MCO hasaskedto adda120unitcondo/hotel,44 townhouses and 61 semi-custom homes effectively doubling the density in the pristine canyon. The resulting increase innoiseandtraffic will be incredibly disruptiveto the neighborhoods along Eagle Ridge Drive.The homes alongthis street were never designed forthis level of traffic.Theyare simply too close to the street.Many homes are 30' or less from the roadbed.Like most Arizona homes ours were designed with outdoor living areas inthe backyard including pools,patios,firepits and barbeque grills.The additionaltraffic and noise will be incrediblydisruptive to our enjoyment of our outdoor living rooms and our homes. The original plans for 171 large lots in the developmentmakesense and will provide a fair return forthe developer. Moreimportantlythey areconsistent with the written representations of MCO and the Town of Fountain Hills dating back to 2001 and affirmed by the town's general planin 2004 and 2010. Anna Hermann 04-28-14A0 6:59 RCVD The proposed rezoning of Adero Canyon will fundamentally change the character of the neighborhoods along EagleRidge Drive.What is now a peaceful residential neighborhood will be inundated with traffic on what will the longest cul de sac in Fountain Hills and probably all of Phoenix.The inclusion of a 120 condo or hotel units is especially egregious and violates the town's own subdivision ordinance.Anyone would object to a hotel at their end of their cul de sac. This rezoning cannot and should not be approved. JaneTurock At a recent public meeting the Town of Fountain Hills solicited comments from neighbors on the east side of the town lake regarding a proposed hikingtrail near the existing Overlook trail. Neighborscame out in force to vehemently oppose the trail despite the fact that it was 70 feet or more away from their property and well below grade from their homes.The Town of Fountain Hills quickly decided that this was not a good idea and the idea was nixed in the next couple of days. Now the town has been presented with a much more dangerous proposal to double the density of Adero Canyonresulting in adoubling of automobile traffic on Eagle Ridge Drive.In this case the cars and trucks will be much closer to the homes than the proposed trailand of course willbe awfully more intrusive than a few hikers.I recognize that the Adero Canyon property owner has a rightto ask forthis rezoning. Butinorder to be consistent with the trail decision shouldn't the town turn down the Adero Canyon developer also? Carl Bond When I purchasedmy home near Eagle Ridge Drive I inquired asto what further development might happen at the end of the road.I was concerned because my home is very closeto the road andmy backyard and poolareaoverlookthis street.I wasassured by my Realtor,that the subdivision beyond the currentgatewas limitedto large single familylots similarto the Eagle Ridgesubdivisionand the Eagle's Nest subdivision.I checked this out with the Town of Fountain Hills and they confirmed that this was true and that this was consistent with the current zoning and the town's general plan. Now MCO has asked to dramatically increase the number of homes and add townhouses and a condo or hotel to the property while doubling the number of units. This istotally unfairand inappropriatechange in the use of this property.Why do we have ageneral plan if it isthrown out just to help out some developer? I'mokay with 04-28-14A06.-59 RCVD the original proposal but this doubling of the number of homes and the associated doubling of traffic volume on EagleRidge Driveis too much. Vlad Hermann Atthe February 13th Fountain Hills planning commission the commissioners turned down a proposal from MCO to double the density in the Adero Canyon development just past the Copperwynd Hotel.During the meeting vice commissioner Archambault repeatedly asked MCO to commit to the development of the balanceof the canyon.The concern is that if the proposed rezoning is approved with its condos,hotel and doubling of canyon that itwillset the stage foracontinuation of that intensive development at the end of dead end Eagle Ridge Drive.Howcan the town ensure that this doesn't happen? Margi Wieber MCO has offered to speed up opening accessto the Fountain Hills Preserveon Eagle Ridge Drive ifthe town approvesbigzoningconcessions regarding Adero Canyon.The Planning Commission recentlyrefusedto endorse their plan citingnumerous concerns about the increaseddensity the changesentail.Soon the Town Council will considerthe matter. Myquestion isthis:Ifthe Town of Fountain Hills alreadyowns the land for Eagle Ridge Drive whydon'tthey just build a trail tothe preserve on it?It all seemsso simple.I don't see any valid reason why anyonewouldobject.Also why dowe toleratethe current private gateatthe endof Eagle Ridge Drive?Eagle Ridge Drive is public property!This gate should be opened for pedestrian use and the trail developed for the benefitof everyone in Fountain Hills. JaneTurock I want to compliment the Planning Commission on their recent decisionnot to recommend the rezoningof Adero Canyon.In reviewingthe minutes of the meeting I notedthat 65 neighbors submittedwrittenor oral comments opposing the rezoning. Some trail advocates from outside the neighborhood spoke in favor of the trailhead opening.The only person to speak in direct support ofthe residential portion ofthe 04-28-14 A06:59 RCVD development,besides the developer,was from the Chamber of Commerce. Clearlythis rezoning does not have the support of the neighboring community.They are concerned about the large increase in traffic and noise associated with the proposed increase in density.Hopefully the Town Councilwillalso see things the same way as the Planning Commission. NateTurock In regardsto the rezoning ofAdero Canyon we've heard that Copperwynd Resort will use the 120 proposed condos as part of their hotel. The exact nature of the business relationship between the developer MCO and the hotel isunclear. Unfortunatelyit seems the Copperwynd representatives were not at the public hearing or at least they did not come forward to explain the project. Why weren't theyat this important meeting that would morethan quadruple the size of their hotel?Fountain Hills has come through some recent attempts to build a theater downtownonlyto see the project fall apart.Should a rezoning ofthis magnitude be considered based on oblique references to an agreement?Surely there isa written documentation between the developer and the hotel summarizing their plans and it should be shared with the town.We don't want to go down the theater road again. A little sunshine goes a longway ina situation likethis. Dean Wieber Say NO to the MCO rezoning request Wehopethat the elected officials of Fountain Hills will understand our concerns relative to the rezoning request by MCO,and will support our strong opposition to the plan. According to MCO a significant aspectofthe plan isa multifamily/hotel site with as many asl20 rooms.There is NO place fora hotel operation in the middle ofa residential area. Wesearched to purchase our property for 5 years. We chose Cordabellabased on known facts. Aquiet residential neighborhood nearthe Adero Canyon.Based on our research we found that the city previously approved single family lots and housinginthe canyon, which is fine. Any othertypeof development was never mentioned,discussed or approved. Our legal advisor indicated that based onthese facts we should expectthat the original agreement would not be breached. Vlad Hermann Robert 'Bob'Rodgers From:Ken Buchanan Sent:Thursday,April 24,2014 12:55 PM To:Robert 'Bob'Rodgers Subject:FW: In favor of MCO's Adero Canyon plan From:Linda Kavanagh Sent:Thursday,April 24, 2014 12:54 PM To:Ken Buchanan Subject:FW: In favor of MCO's Adero Canyon plan WM-14P0.';:16 RCVD From:Hyunki Ahn <spokanewees04(5)vahoo.com> Sent:Thursday,April 24,2014 11:57 AM To:Linda Kavanagh Subject:In favor of MCO's Adero Canyon plan Dear Mayor Kavanagh, Please pass MCO's proposed PAD in Adero Canyon.Fountain Hills needs this.Thank you. Hyunki Ahn April7,2014 14511 E.Golden Eagle Blvd. Fountain Hills,AZ 85268 °4-l7~ 09 Rev, Mayor Linda Kavanagh and Town Council Members Town of Fountain Hills 16705 E.Avenue of the Fountains Fountain Hills,AZ 85268 Re:Please Support the MCO Adero Canyon Proposal Dear Mayor Kavanagh and Town Council Members: Iam WTiting asa Fountain Hills taxpayer,homeowner and rental property owner to urge your support of the Adero Canyon development plan submitted by MCO Properties for the following reasons: Enhanced Town Revenues The Adero Canyon projectwill provide significant additional salestaxand impact fee revenues to the Town. Economic Development Opportunities The Adero Canyon project will increase the number of Fountain Hills residents and benefit local businesses providing goods and sendees to our community.The proposed condominium/hotel units will further enhance the status of Copperwynd Resort as a Fountain Hills destination attracting greater tourism revenues. Recreational Benefits The Adero Canyon project will open access to the McDowell Mountain Preserve,one of Fountain Hills'greatest natural assets,and permit construction of trailhead facilities which have already been fully funded.Providing public access tothe Preserve from the south will allow Fountain Hills to connect with Scottsdale's extensive trail system including the Sunrise Connector Trail currently under construction.Fountain Hills will realize both economic, increased tourism and active lifestyle benefits. I urge your favorable consideration of this proposal! Sincerely, Aw ^w Ronald Rich Anril 14 °01J-RH CHAMBERAprili+,_uiH ^y QF C0MMERCE Honorable Mayor Linda Kavanagh Members of the Town Council ?<-;;, Town of Fountain Hills ;<p0 16705 East Avenue of the Fountains ':06 Fountain Hills.Arizona 85268 Cl. RE:Proposed Adero Canyon Development DearMayorandCouncil Members: The Fountain Hills Chamber of Commerce recently received a comprehensive briefing from MCO Properties,Inc.relating to the proposed development project at Adero Canyon.It is with great enthusiasm thatwewritethisletterto express our support for the project.Over the years,the Chamber of Commerce has been an ardent supporter of committed and responsible development within our community.These types of developments,such as the one proposed for Adero Canyon,provide an immediate impact to our local economy.Aside from the permit fees,sales tax revenue,and other fees collected by the Town,which we understand will be approximately $6.8 million,the development will provide a sustained source of revenue for local contractors,builders, tradesman,engineers,suppliers,and other construction professionals during the construction phases of the project.These professionals will undoubtedly contribute a portion of those revenues back to our local economy by frequenting our local stores, restaurants and businesses.Eventually the residents fromAdero Canyonwill becomeour neighbors,friends,colleagues,and fellow business owners.They will shop at our stores, dine at our restaurants,and utilize our businesses,which only further exemplifies the economic impact of the project.There is no doubt that the Adero Canyon Project will strengthen our local economy,provide a better quality of life and build upon our local assets.Therefore,itis with great pleasure that we,on behalf ofthe Board of Directors of the Fountain Hills Chamber of Commerce and the more than 400 members of our organization,proudly support the Adero Canyon Project. Fountain Hills Chamber of Commerce -P.O.Box 17598 •Fountain Hills,Arizona 85269-7598 •(480)837-1654 -FAX (480)837-3077 wwv^.fountainhillschamber.com We trust that you share in our enthusiasm and we thank you for your leadership and fortitude with regard to this project,which we consider to be an important opportunity for our organization,our business community,and our town. Sincerely, ^CTWhite rfnan of the Board cc: Fountain Hills Chamber of Commerce. Board of Directors raMS.F&afT' President &CEO Robert 'Bob'Rodgers From:Ken Buchanan Sent:Monday, April 14,2014 10:41 AM To:Robert 'Bob'Rodgers Cc:Andrew McGuire;Paul Mood; Mark Mayer;Randy Roberts;Randy Harrel; Dave Ott Subject:FW:Infavor of MCO's PADinAdero Canyon Another fyi From:Linda Kavanagh Sent:Monday, April 14,2014 10:28 AM To:Ken Buchanan Subject:FW:In favor of MCO's PAD inAdero Canyon n fyi S, 'ww^ From:Norman Thorpe [mailto:anewsseouKavahoo.com]fy Sent:Sunday,April 13,2014 9:28 PM y0 To:Linda Kavanagh Subject:In favor of MCO's PAD inAdero Canyon Dear Mayor Kavanagh, I am writing toyoutoexpress support forMCO's proposal to createa Planned Area Development (PAD)in AderoCanyon,whichthe TownCouncilwill considersoon. I am in favor of this project for three economy-related reasons. 1.MCO's proposed PAD will allow construction of additional housing units in Adero Canyon,including units that will be more affordable than the big custom homes originally planned. One topic at the Town Council retreat atthe beginning of this year was:how can we increase the population of Fountain Hills? The proposed PAD would help to do that. Fountain Hills businesses suffer from too small a customer base. The closing of three businesses near Shea and Saguaro was announced last week.(Walgreen's,Taco Bell,and the StatClinix urgent care center).We need more residents who can patronize local retailers,restaurants,and other businesses.Otherwise,more businesses will close.MCO's proposed PAD would help address that through increased housing density,which would generate more residents.If,on the other hand,MCO is required to build only trophy houses in Adero Canyon, that will limit population growth and consumer spending.If businesses keep closing,Fountain Hills will stop beingatownandbecomejusta bedroom community. 2. If MCO is allowed to move ahead onthePAD project,thatwill facilitate development of the long-awaited trailhead for access to the Fountain Hills McDowell Mountain Preserve.If construction of the trailhead is further delayed,it may become impossible to build it with the funds that have beenset aside forthat purpose. Publicaccessto trails inthe Preserveis an important amenityfor FountainHills.Thataccesswillsupport recreation by residents and visitors alike.Many hikers in town have been waiting for the trailhead to be completed.To give you a sense of the magnitude of potential use,user counts on the Lake Overlook Trail east of Fountain Park totaled more than 200tripsa day during the recent winter-spring season.Many of those hikers would also use the trails in the preserve if they were readily accessible.That includes visitors who would also spendmoney in Fountain Hills.The trails are an amenity thatwill generate revenue for Fountain Hills businesses,but access is necessary. 3. MCO's proposal alsoincludesapossibleway to expand and restructure the operations of the CopperWynd resort,which currentlyhas only 32 rooms- not enoughto make it viable.As hasbeen publiclydiscussed, CopperWynd has been experiencing financial strains.If no steps aretaken that would allow it to expand, it could instead go bankrupt. The prospect ofCopperWynd possibly becoming an empty, unused shell, is not a vision that we would want to see in Fountain Hills. It would adversely affect the neighborhood as well asthe town. Iam aware of the campaign mounted by Scottsdale residents who areopposed to MCO's PDA planbecause of concernabouttraffic. Duringfrequentvisits that I have made to EagleRidge Drive, I have encounteredonly very lighttraffic. Walking the length of it one afternoon,I was passedby only two orthree cars,total. Icannot believe thatincreasingthe density of MCO's planwill generateavast amount of traffic.If we stop development becauseit might causenoise fromtraffic, FountainHills could be very quiet foravery long time. These are important reasons to approveMCO's plannedPAD in Adero Canyon.Please vote for approval of those plans, so our town can move ahead. Thank you for your consideration. Norman Thorpe 13013 North Panorama Drive,Unit 223 Fountain Hills AZ 85268 509-448-4311 Robert 'Bob'Rodgers From:Ken Buchanan Sent:Monday,April 14,2014 10:18 AM To:Robert 'Bob'Rodgers Cc:Andrew McGuire; Mark Mayer;Paul Mood;Randy Roberts;Randy Roberts;Dave Ott Subject:FW:Adero Canyon fyi From:Linda Kavanagh Sent:Monday,April 14, 2014 10:18 AM To:Ken Buchanan Subject:FW:Adero Canyon - I -......j .,._ fyi cvn From:Carol Carriere rmailto:cac4(S)cox.net1 Sent:Thursday,April 10, 2014 3:49 PM To:Linda Kavanagh; Henry Leger; DennisBrown;Ginny Dickey;Tait Elkie;Cassie Hansen;Cecil Yates Subject:Adero Canyon Dear Council and Mayor I am fully infavor of proceedingwiththe Adero Canyonproject.It will add residents to ourtown, bringinmore money for construction,increase utilization of businesses in town,addtoourtax coffers,etc. It will also openup theFountainHillsSonoranPreserveto all of our residents,notjust those who can hike in several miles. The views from up there are spectacular and it would be great to have it more accessible to a wider variety of town residents.To me its a win/win situation all around. Please vote yes on the upcoming hearing on Adero Canyon. Carol Carriere Resident of Fountain Hills for 3.5 years - and hope for many more. o>ai/Ctstf This email isfree fromvirusesand malware because avast!Antivirus protection isactive. ti4 frtt 4/10/2014 Mayor Linda Kavanagh E.Avenue of the Fountains Fountain Hills, AZ 85268 0,; '-lo. 4p0*. •4? #C »» Dear Mayor Kavanagh: As a resident of Fountain Hills,I want to make you aware that I am strongly infavor ofthe development plan as submitted by MCO for Adero Canyon.I believe that for Founatain Hillsto survive and thrive in the future it is important that we continue to grow responsibly.Increasingthe population base ofour town will make local businesses more viable and will provide urgently needed revenue for the town.I love Fountain Hills but I have been disappointed that so many local businesses have closed because we don't have sufficient population to support them.I have seen the proposed plan and believe that it complies with the high standards that define Fountain Hills.I believe that this development will be a very important addition to our community.I vote and paytaxes in Fountain Hills and as such encourage youto vote in favor of the development plan for Adero Canyon. Sincerely, Kenneth B.Thornton 2 TOWN OF FOUNTAIN HILLS 16705 E.Avenue ofthe Fountains Fountain Hills,AZ 85268 480.816.5100/Fax:480.837.3145 April 2,2014 °yuy 04 Revo Dear Mayor Kavanagh and Council Members, The members ofthe McDowell Mountain Preservation Commission wish to endorse the proposal to develop Adero Canyon.This development will make it finally possible to provide the citizens of Fountain Hills reasonable access tothe McDowell Mountain Preserve and all the majesty it affords. We recognize thereare many issues regarding this development to consider, however,we believethis isoneelement ofthe proposal that has positive ramifications for all our citizens for decades into the future. Thankyouforyour consideration of this endorsement. Sincerely, The McDowell Mountain Preservation Commission 04-10-14P02:04 RCVD 4/4/14 This is a Copy of a letter addressed to the following:Mayor Linda Kavanagh, Vise Mayor,Cassie Hansen,Councilman Dennis Brown,Councilwoman Ginney Dickey,Councilman Taite Elkie.Councilman Henry Leger, Councilman Cicel Yates Since I will be out of town on April 17,2014,I am directing my thoughts now to the Town council regarding an agenda itemfor consideration of MCa Properties request for approval ofa revised Plan for a15 year oldagreement to develop AderoCanyon land in Fountain Hills. Based on my limited knowledge ofthe specific revisions submitted by MCa Properties,I do totally support the fundamental idea of reestablishing development for new housing in Adero canyon.This activity alone will stimulate increased opportunities for the Town and all residents including: 1)Increased Town income from development fees, etc. 2)Increased Town population,which in turn will increase the State contribution to public education. 3)lncreased opportunity for residential employment.(Job growth) 4)Stimulate increased local business for stores and restaurants 4)Fulfill a long needed public automotive access to a permanent trailhead in the Sonoran Preserve. Several discussion items that have been mentioned in the local media,although important to consider and mediate,are not significantly widespread issuesthat relate to a benefit ofthe majority of our residents Sincerely,Roy H.Kinsey 4-3-2014 Dear -'4P0?:03 RCVD The Board ofthe Sonoran Conservancy of Fountain Hills (SCFH)strongly recommends that the Town approve a plan for the development of Adero Canyon.As you know,the SCFH is an organization composed solely of volunteers who among others things spend countless hours leading and supporting hikes and maintaining the trails inthe preserve and around our community. With this hiking season not yet completed,over 300 people have participated in SCFH hikes, withmost of these people living inour community.The people joining the hikes represent a cross section ofour community, from school children learning about our magnificent Sonoran desert environment to active adults hikingintothe preserve to enjoy the special views at its highest points. While our Preserve belongs to all Fountain Hills residents,sadly,access to our Preserve is currently available to onlya few. The rest viewthe eastern side of the McDowell'sfrom Town but can only imagine the magnificent views from the Preserve itself. Currently,the only legal unguided access is fromthe Dixie MineTrailhead at the end of Golden Eagle. Itrequires a 7.5 mile round trip hike with a 1700 foot elevation gain that takes hikers to just the edge of our Preserve - where another 5 miles (one-way!) of trails awaittheirexploration.So forthe vast majority ofour residents,access to Fountain Hill's most important natural area is through one ofjust two avenues:(1) a 3 mile roundtrip hikeguided bySCFHvolunteers throughAdero Canyon to the edge ofour Preserve or (2) a volunteer led drive-into our Preserve.These access options are also notby right,but are dependent uponan existing contractual arrangement with MCO. Completion ofthe road tothe Preserve and construction ofthe trailhead is critical. SCFH volunteers currently drive their own vehicles up to the Preserve to buildand maintain the trails and to support hikes and drive in events.The onlydrive-in access is through Adero Canyonon a dirt and rocky road requiring high clearance vehicles. Vehicle limitations pose one moreobstacle to expanding access optionsforthe Town residents until a suitable road and construction ofthe trailhead is completed. Construction of the trailhead is dependent on availability offunds.1.7 million dollars has been collected from local developmental fees assessed.While these funds have been set aside for now,they remain vulnerable to being tapped for other purposes or lost altogether in a few years.If those funds should vanish beforean Adero Canyon development plan is approved,then access to ourPreserve for all Fountain Hills residents is very likely to be impaired for a long time to come. The present development plan (PAD)for lower Adero Canyon ensures thataccess will be provided for immediate trailhead/road construction.The SCFH believesthat all Fountain Hills residents are entitled to easy access to our Preserve.Access issues for road and trailhead constructionhave lingered for far too long and are overdue for resolution.The Sonoran Conservancy of Fountain Hills stronglyrecommends that the Town approve a plan for the development of Adero Canyon and trailhead construction. Respectfully, The Board of Directors The Sonoran Conservancy of Fountain Hills •7April8,2014 *Cty Fountain Hills Town Council 16705 E.Avenue ofthe Fountains Fountain Hills,AZ 85268 Re:Cordabella at Copperwynd Dear Town Council, There is a resident of Cordabella at Copperwynd organizing a negative campaign and lobbying to deny the revised Adero Canyon development plan. I have personally met with residents and owners of Cordabella, Villas of Copperwynd, Hidden Hills,SunRidge Canyon and North Heights to discuss our plans and address any questions or concerns. With the exception of a small group of Cordabella and Copperwynd residents,I have received nearly unanimous support for the project - including several from Cordabella and Copperwynd. I believe the naysayers at Cordabella are misguided,and I offer these talking points should you find them useful in putting their objections in perspective: ^Adero CtANYON 1. Eagle Ridge Drivewas designed to be the main access for allthe once-contiguous land owned by the company (including development for Adero Canyon, Eagles Nest and the land that was ultimately conveyed to the town for the preserve - a total of about 1,300 acres of development]to handle a capacity of 15,000 cars per day. There are less than 3,000 cars on it now and less than 6,000 when everything is complete. The final utilization of Eagle Ridge Drive will be less than half the original design capacity ofthe road. 2.There are three points of emergency access: 1) The main access on EagleRidge Drive,2) an emergency access road linking Adero Canyon and Eagles Nest,and 3] an emergencyaccess road linkingAdero Canyon and Hidden Hills. 3.Cordabella is far denser than Adero Canyon. The building density in that project is 1.5 units to the acre; Adero Canyon density is only 0.8 units to the acre.Therefore,their community generates disproportionately higher traffic onto Eagle Ridge Drive (14.4 trips/acre)than Adero (5.8 trips per acre]. See attached summary. 4.Cordabella is in Scottsdale,but all their residents use Palisades (a Fountain Hills maintained road] to go to and from Shea. In spite ofthis, all of their property tax dollars go to Scottsdale and none comes to Fountain Hills to maintain the infrastructure they're using. (480)837-9660 •13620 N.Saguaro Boulevard,Suirc-200,Fountain Mills,AZ 85268 »mco.propcrries.com Fountain Hills Town Council April 8,2014 Page2 of 3 5. One resident argued that a resort is not an appropriate use in a residential area. However,most destination resorts in the Valley are in residential areas including The Camelback Inn,The Royal Palms,The Hermosa Inn,Montelucia,The Phoenician,The Arizona Biltmore,The Four Seasons and the Waldorf Astoria at The Boulders;not to mention The Inn at Eagle Mountain and Copperwynd.Each is considered a valuable amenity to these areas. 6.The added density in Adero sacrifices some valuable custom lots for less valuable production lots,townhome lots and hotel units.The benefit comes from a development sooner,phasing the road without deferring public access, broader market appeal for more residents and a quicker absorption,diversity of product,more affordable housing,higher municipal fees and tax revenue and a final solution to the preserve access before the funds expire for the construction of the trailhead.By selfishly opposing it,Cordabella expects Fountain Hills to sacrifice these benefits and offers nothing to Fountain Hills to offset the loss of these benefits. I am encouraged by the support we have received from Fountain Hills in the voices and letters from residents and businesses,the Fountain Hills Times survey (nearly 80% in favor), and the staff recommendation of approval ofthe PADto the Planning Commission.I am happy to speak personally with you if you have any questions or concerns you would like to discuss. Sincerely, Jeremy Hall CC:Ken Buchanan,Town Manager Attachment ^Ader CAny< Development Impact Comparison Acreage 431 53 Developed Density Total Units 343 80 Units/Acre 0.80 1.51 Traffic Impact on Fountain Hills* Avg.Daily Trips (ADT)**2,534 762 ADT/Acre 5.8 trips 14.4 trips *Cordabella isinScottsdale,butresidentsuse Fountain Hills roads w/o a tax contribution **ADTs for Adero Canyon from CivTech traffic study.Cordabella counts assume thesame "single family residence"ADT algorithm from the CivTech traffic study. ON hd >Ti '"*-1 p CO g w H I a n o c CD U> April 2,2014 '"08-MAO :."RCVD TOWN OF FOUNTAIN HILLS 16705 E. Avenue ofthe Fountains Fountain Hills,AZ 85268 480.816.5100/Fax:480.837.3145 Dear Mayor Kavanagh and Council Members, The members of the McDowell Mountain Preservation Commission wish to endorse the proposal to develop Adero Canyon.This development will make it finally possible to provide the citizens of Fountain Hills reasonable access to the McDowell Mountain Preserve and allthe majesty it affords. We recognize there are many issues regarding this development to consider, however,we believe this is one element ofthe proposal that has positive ramifications for all our citizens for decades into the future. Thank you for your consideration of this endorsement. Sincerely, The McDowell Mountain Preservation Commission >'.W ^4-wo /y -'<v -- I/O L^WW-^W S -w Robert 'Bob'Rodgers From:Ken Buchanan Sent:Monday,April 07,2014 3:59 PM To:Robert 'Bob'Rodgers Subject:FW: Council Meeting on April 17th •V *-"-l4P<H:56 RCV0 From:Linda Kavanagh Sent:Monday,April 07,2014 2:29 PM To:Ken Buchanan Subject:FW:Council Meeting on April 17th fyi From:PHILLIP <vpeastman@msn.com> Sent:Monday,April 7,2014 12:38 PM To: Linda Kavanagh Subject:Council Meeting on April 17th Dear Mayor Kavanagh, Mywife and I are residents of Fountain Hills (13826 N Saguaro Blvd)and we are asking you to speak in favor of and vote for the Adero Canyon plan that isto be considered at the April 17th meeting of the town council. We are very much infavor of this new plan. We believe that not only will the new plan help to populate Fountain Hills with new residents,but it willhelp current residents (likeus) to have access to the Preserve lands that are currently not available to us. We loveto hike,which isone ofthe reasons that we moved to Fountain Hills. The new plan will provide for an opportunity to build a trail head for the trails in the preserve and it also provides for access to that trailhead via a new road. Pleases support the new MCO plan at the April 17th meeting. Thank you, Sincerely, Phillip and Lovenia Eastman Phil ^Meridian Bank 13404 North La Montana Drive Fountain Hills, AZ 85268-8437 602-636-4850 Phone •1 „- 480-837-8056 Fax April 1,2014 The HonorableLinda Kavanagh,Mayor Councilmembers Brown.Dickey,Elkie,Hansen,Leger &Yates Town of Fountain Hills Dear Mayor and Town Council: Iam WTiting you to show my support for the Adero Canyon project.I have reviewed MCO's request to the town and feel that the changes from the original plan are better for local businesses such as us. Founded in Wickenburg,Arizona,Meridian Bank remains true to its roots as a community- focused neizhborhood bank with only eight branches around the valley,and we are the only community bank in Fountain Hills established here for over 30 years.We pride ourselves on local relationships, community involvement and building personal relationships to understand the needs of businesses and families near our branches.It is therefore extremely important for us to see our town grow with diversity and attract residents and visitors who support our local small business community.The proposed changes are just what we need.More residents,broad demographic market appeal and high-spending visitors to the resort should produce afar better infusion of dollars into local businesses and undoubtedly boost the economic vitality ofthe town.An expansion to the Copperwynd Resort will bring additional visitors to town who will shop,eat and enjoy everything Fountain Hills has to offer. As the housing market changes,so must the concept ofthe housing options for our citizens and the proposed changes accomplish that.Meridian Bank is committed to Fountain Hills and stands ready to provide fiduciary services for the new residents and invest loans into our community to fuel the economic expansion sparked by the new Adero Canyon plan. I strongly support the Adero Canyon project. Sincerely, Colin Horning,Branch Manager/Vice President Meridian Bank.N.A. CC:Ken Buchanan,Town Manager Jeremy Hall,MCO Properties Meridian Bank.N.A.Member FDIC Eaual Housing Lender 4-3-2014 Dear L The Board ofthe Sonoran Conservancy of Fountain Hills (SCFH)strongly recommends that the Town approve a plan for the development of Adero Canyon.As you know,the SCFH is an organization composed solely of volunteers who among others things spend countless hours leading and supporting hikes and maintaining the trailsinthe preserve and around our community.With this hiking season not yet completed,over 300 people have participated in SCFH hikes, with most of these people living inour community.The people joining the hikes represent a cross section of our community, from school children learning about our magnificent Sonoran desert environment to active adults hikinginto the preserve to enjoy the special views at its highest points. While our Preserve belongs to all Fountain Hills residents,sadly,access to our Preserve is currentlyavailable to only a few.The rest view the eastern side ofthe McDowell's fromTown but can only imagine the magnificent views from the Preserve itself. Currently,the only legalunguided access is from the Dixie Mine Trailhead at the end of Golden Eagle.It requiresa 7.5 mile round trip hike with a 1700 foot elevation gainthat takes hikersto justthe edge of ourPreserve- where another5 miles (one-way!)of trails awaittheir exploration. So forthe vast majorityof our residents,access to Fountain Hill's most importantnaturalarea isthrough one of just two avenues:(1) a 3 mile roundtrip hike guided by SCFH volunteers throughAdero Canyon to the edge of our Preserve or(2)a volunteer led drive-in to our Preserve.These access options are also not by right,but are dependent upon an existing contractualarrangement with MCO. Completionof the roadto the Preserve and constructionofthe trailhead is critical. SCFH volunteers currentlydrive their own vehicles up to the Preserve to buildand maintain the trailsand to support hikes and drive in events.The only drive-in access is through Adero Canyonon a dirt and rocky road requiring highclearancevehicles. Vehicle limitations pose one more obstacle to expanding access options for the Town residents until a suitable road and construction ofthe trailhead is completed. Construction of the trailhead is dependent on availability of funds.1.7 million dollars has been collected from local developmental fees assessed.While these funds have been set aside fornow,they remain vulnerable to being tapped forother purposes or lost altogether in a few years.If those funds shouldvanishbefore anAderoCanyon development plan is approved,then access to ourPreserve for all Fountain Hills residents is very likelyto be impaired for a long time to come. The present development plan (PAD) for lower Adero Canyon ensures that access will be provided for immediate trailhead/road construction.The SCFH believes that all Fountain Hills residents are entitled to easy access to our Preserve.Access issues for road and trailhead construction have lingered for far too long and are overdue for resolution.The Sonoran Conservancy of Fountain Hills strongly recommends that the Town approve a plan for the development of Adero Canyon and trailhead construction. Respectfully, The Board of Directors The Sonoran Conservancy of Fountain Hills Robert 'Bob'Rodgers From:Conklu,Susan [SConklu@Scottsdaleaz.gov] Sent:Tuesday,April 01,2014 4:41 PM To:Randy Harrel; Paul Mood;'Lopez,Francisco'(flopez@mcoproperties.com);Robert 'Bob' Rodgers;jstansel@LD-Team.com Cc:Kercher,Phillip;Hadder,Don Subject:Comments on Adero Canyon Path Attachments:Adero Canyon Path profile comments.pdf Hi Randy, Our staff met with Francisco and Jonathan recently.Here were the discussion items from their revised path design: The path has been lengthened to keep the grades under 8% Wider on both curves -14-feet 10-feet wide everywhere else Path will be concrete.We prefer integral color concrete to match the character ofthe area Path will be striped with white edge lines and dashed yellow centerline Add 150-feet of 2-4% in both steep areas so it's not constantly at 8%grade o After the meeting we drew some changes on the profile that they may be able to use for keeping the two steepest areas below 4%grade -it's ok to follow the natural grade more if needed in some areas. See attached. Please forward to anyone that I've missed and let me know if you have questions. Thanks, Susan Conklu,Senior Transportation Planner City of Scottsdale Transportation Planning 480-312-2308 sconklu(S)scottsdaleaz.qov -• .l ---. ADEROCANYONBikePath/TrailLDTeamLANDDEVELOPMENT0011+0012+0013+005+5519+0016+0017+00IO+O019+00"'"20+002I+0022+0023+00 24+0025+002S+QO27+0020+0029+0030+00 April 3,2014 PC!:'><•RCyf; Dear Fountain Hills Mayor, Vice Mayor and Councilmembers: We livein Cordabella at Copperwynd in Scottsdale.We strongly favor the development plan for Adero Canyon. We were aware of this development when we moved here ten years ago. We believe the Adero Canyon development would positively affect our neighborhood,the Club at Copperwynd,and Fountain Hills in general.We would prefer to see more than one route of access for emergency reasons. I (Dave)helped build hikingtrails in the Fountain Hills Preserve,and want to see publicaccess in the near future.Thiswould in myopinion become another "fountain type"attraction for the Township. Dave &Donna Gillman 14971 E.Crown Court 85268 (Fountain Hills&Scottsdale) x February 14,2014 p&/#"\ %*&/*\TO: Fountain Hills Planning and Zoning Board <L ^ FROM:Eunice and Carl Feinberg ^ Copperwynd Villa #240 Carl and I attended the Public Hearing for the Amendment to the MCO Adero Canyon project last night.We did not speak.We listened. Please give this request serious consideration for preserving the quality of life in our location in Fountain Hills.If the P&Z Board would designate Eagle Ridge Drive as a permanent dead end street with a permanent gate,it would solve at least one hazard imposed by the substantial increase in development by MCO over the original plan for Adero Canyon.Emergency vehicles could be programmed to open the gate for emergencies only. The amendment to the original MCO Adero Canyon project does not take into consideration our drought conditions,air quality pollution,electrical draw for air conditioning in the summers,and length of time the construction will continue to violate these conditions in our community.The expanded traffic on Eagle Ridge Drive and the wear and tear on the only road currently proposed for ingress and egress to the Adero Canyon property is abominable and unacceptable by the three gated communities and hotel Eagle Ridge Drive now serves. Fountain Hills needs global marketing for expanding our retail and corporate participation in the economic health of our town.The wonderful cultural events are not supported by the realtors.Majority of realtors do not participate in town culture and they do not promote itto prospective buyers.What happened to the Welcome Wagon or similar greeters for newcomers?These projects introduce newcomers to our lifestyle in Fountain Hills. As I listened to the MCO speakers,I was reminded of a show on 60 Minutes. Communist China government moved into the affluence of capitalism.The program focused on how the Chinese government is building "ghost"cities with high technology and 21st Century planning.However,they areempty because the Chinese population is not buying into these cities.Developers and builders can make wonderful promises.However,MCO said they have taken a loss on Eagle's Nest and still have 100 lots to sell after how many years?The hiking and biking trails are currently maintained by our volunteers.Who will be responsible for the future with many more visitors? Please designate Eagle Ridge Drive as a permanent dead end street and MCO will have to relocate paved roads from their other properties into and out of Adero Canyon.Our location should be protected from commercial abuse. Sincerely,Y^^lt^V^ty tiotCcii^y ""i/ R£:Adero Canyon Planning Commission public hearing presentations To see messages related to this one,group messages by conversation. STAN KAREN RUDEN 2/10/14 - To:Dean Wieber Dean: Sorry.Even though Ibrought up the water question,fdid not volunteer to speak for two reasons. 1.We will not be attending because we had previously committed to a University of Nebraska alumnaegalathat same evening. 2.Perhaps rm the only penson in Cordabella who is in favor ofthe quality growth that Ibelieve this project will provide,so the rest of you may not like what Imight say.My reasons for being for the project are as follows: a)\suspect that the increased number of units that MCO is attempting to get approved will allow them to proceed with the development as it will then be financially feasible,if the zoning change is denied,my guess is that the project will be tabled Indefinitely.No company wishes tolose money. b)While the added traffic might be concerning,it is still projected to be less than 1/3 that of Sunridge Canyon Dr.once the entire project is completed.In the 13 years that we have lived here,we have never heard any complaints about noise or traffic on that road. c)Once the initial infrastructure (road to the top)is put in,the 1.5 million dollar trail-head is to be built,which will give us all -for the 1st time -legal access from this end to a beautiful and abundant hiking and biking trail system into the McDowells.The money is set aside.This will be a significant quality-of-life improvement.Iam currently involved In building new trails in that area. d)Istill believe what Isaid in the meeting that houses normally increase in value when more expensive houses are built in the Immediate vicinity.You indicated that my point Is wrong and "...not debatable...",because increased traffic always drops home values.Irespectfully disagree. W hw< i.y---. a:-- e)We area member of Copperwynd,which I hopecontinuestoexist.They have been struggling financially for years,ftis my beliefthat adding more population tothe immediate vicinity wi strengthen, notweaken, the beautifulclub. ibelievethatthe Fountain Hills administration Is very much for the project because growth brings (n more revenuetothe town. As I understand it the Town (notthe schools,library etc) relymainlyon revenues from sales tax and the State of Arizona(not property taxes)fortheir revenue sources.Unfortunately,their prorated share ofthe State's distribution is less and less each year because Fountain Hills population fs stagnant andcities like Mesaand Gilbert are growing. Sincerely, Stan Ruden OunR'dge C^anuoh To: Linda Kavanaugh,Mayor Henry Leger,Councilmember Cecil Yates,Councilmember Ginny Dickey,Councilmember Tait Elkie,Councilmember Dennis Brown,Councilmember Cassie Hanson,Councilmember Ken Buchanan,Town Manageri/ 1 i ,-7:09 RC We are writing to demonstrate ourstrong support for the Adero Canyon project.We have recently met with Jeremy Hall onthe details ofthe project and how Copperwynd and SunRidge Canyon Golf Club operations willbe affected by the new plans. As business owners in Fountain Hills who have invested over$4 million dollars in our community since2011,we recognize howa project such asthisis critical forthe long term economic growth ofour city. Without economicgrowth it will be difficult for usor any businessto continueto reinvestin Fountain Hills,which will undoubtedly generate tax revenue for Fountain Hills.The Adero Canyon project brings significant economic potential toourentire community.The diversity ofthe project offerings,including the much needed expansion of Copperwynd andthe completion ofthe trailhead , are essential and providesa tremendous benefitto all. Withoutan expansion Copperwynd will continue to struggle inattracting the clientele necessary fortheir long-term sustainability. We encourage you to support the Adero Canyon project for the benefit of our entire business community.These will be very exciting times for all. Cc:Jeremy Hall, MCO Properties Neil Ginsberg,Copperwynd Resort Sincerely, 1>-W^W, Don and Cindy Misheff,Owners SunRidge Canyon Golf Club 13)00 North SunRkJg;Drive «rbuntain HilU,Arizona &yi£&•Mem-f80-$5?-ftQQ •f*3xs4dO-^J37-$?2£•wvw.sunridgeRplf.com Home ofthe •sxrr tio-ic-u Robert 'Bob'Rodgers From:Ken Buchanan Sent:Wednesday,April 02,2014 10:38 AM To:Paul Mood;Mark Mayer;Randy Roberts; Robert 'Bob'Rodgers; Randy Harrel Subject:FW:AderoCanyon,Timeto moveon. fyi From:Ginny Dickey Sent:Wednesday,April 02, 2014 10:33 AM To: Andrew McGuire;Ken Buchanan Subject:FW:Adero Canyon,Time to move on. FYI From:Ginny Dickey Sent:Wednesday,April 2,2014 10:32 AM To:Ken Kubischta Subject:RE:Adero Canyon,Time to move on. Hi,I appreciate your email.Idon't know what the exact proposal will look like and will keep your input in mind as we consider this issue. Thanks,Ginny Ginny Dickey,Councilwoman Town of Fountain Hills 16705 E.Avenue ofthe Fountains Fountain Hills, AZ 85268 480-837-2805 www.fh.az.gov From:Ken Kubischta <kenkubischta@gmail.com> Sent:Tuesday,April 1,2014 2:37 PM To:Cassie Hansen;Dennis Brown;Ginny Dickey;Tait Elkie;Henry Leger;Cecil Yates Subject:Adero Canyon, Time to move on. Dear Town Council, As a residentofFountain Hills,I want to make you aware that I am strongly in favor ofthe development plan as submitted by MCO for Adero Canyon. I vote and pay taxes in Fountain Hills and as such encourage you to vote in favor of the development plan for Adero Canyon. Sincerely, Ken Kubischta 15034 E Golden Eagle Blvd Fountain Hills AZ Robert 'Bob'Rodgers From:Ken Buchanan Sent:Wednesday,April02,2014 1:48 PM To:Mayor &Town Council Cc:Robert 'Bob'Rodgers;Paul Mood Subject:FW: Adero Canyon fyi Original Message From:Linda Kavanagh Sent:Wednesday,April 02,2014 1:46 PM To:Ken Buchanan Subject:FW:Adero Canyon fyi From:Maryellen Prosper <meprosperiaaol.com> Sent:Tuesday,April 1,2014 2:59 PM To:Linda Kavanagh Subject:Adero Canyon I support the development by MCO.Please support the Adero Canyon project. Maryellen Prosper 14851 N.Greenhurst ave Fountain Hills, AZ Sent from my iPad '.Janice Baxter From:Robert 'Bob'Rodgers Sent:Tuesday,February 11,2014 6:02 PM To:'Dean Wieber' Subject:RE: Adero Canyon Mr.Wieber, Chairman Pew has decided that in the interests of time he will not allow your group to make a slide show presentation at the meeting. However,the powerpoint may be made a part ofthe record so I have provided copies to the Commission members and a copy will be added to the information packet on the web site. You will of course be able to reference it during your time speaking at the public hearing. (Robert (Rodgers Senior Planner & Zoning Administrator Town of Fountain Hills Development Services Department 16705 E.Avenue ofthe Fountains Fountain Hills, AZ 85268 Direct:480-816-5138 E-mail:rrodRers(5)fh.az.gov From:Dean Wieber rmailto:dean.wieber@qmail.coml Sent:Tuesday,February 11,2014 4:59 PM To:Robert 'Bob'Rodgers Cc:'Vlad Hermann' Subject:RE:Adero Canyon Bob, Here is the PowerPoint we discussed for the Adero Canyon Public Hearing.Let me know ifyou have any concerns. Dean Wieber From:Robert 'Bob' Rodgers [mailto:rrodqers@fh.az.gov1 Sent:Tuesday,February 11, 2014 8:24 AM To:'Dean Wieber' Cc:'Vlad Hermann' Subject:RE: Adero Canyon Mr.Wieber, Any correspondence you wishthe commission to receive must be submitted to the Planning &Zoning office.We wil review it and forward it to the commission members. The applicants are also entitled to a copy of whatever is submitted. Please email it directly to me as soon as possible so that everyone will have time to review it. Your request for additional time to speak will be conveyed to the Chairman. It is entirely up to him as to whether or not to grant the request. Development Services Department 16705 E.Avenue ofthe Fountains Fountain Hills,AZ 85268 Direct:480-816-5138 E-mail:rrodgers(j5)fh.az.gov From:DeanWieber rmailto:dean.wieber(Q)qmail.com] Sent:Tuesday, February 11, 2014 8:05 AM To: Paul Mood; Robert 'Bob'Rodgers Cc:'Vlad Hermann' Subject:RE:AderoCanyon Paul and Bob, Per Planning Commission public hearing requirements I am requesting morethan three minutes to presentmy comments at the Thursday night public hearing regarding Adero Canyon.My sense is that the most time I would need is 15 minutes. Further if MCO isallowed a chance for rebuttal we want a similar opportunity Also I have several emailed statements from Cordabella residents.What isthe best way to transmit these to the Planning Commission?I cansendthem to youor printcopiesand bring them withme.If I bring copies how many should I bring? We are preparing a PowerPoint presentation and will have that to you 48 hours prior to the meeting per your direction. Thank you, Dean Wieber Janice Baxter From:Robert 'Bob'Rodgers Sent:Tuesday,February 11,2014 8:24 AM To:'Dean Wieber* Cc:'Vlad Hermann' Subject:RE: Adero Canyon Mr.Wieber, Any correspondence you wish the commission to receive must be submitted to the Planning &Zoningoffice. We will review it and forward it to the commission members. The applicants are also entitled to a copy of whatever is submitted. Please email it directly to me as soon as possible so that everyone will have time to review it. Your request for additional time to speak will be conveyed to the Chairman. It is entirely up to him as to whether or not to grant the request. Extensions are rarely allowed to be more than 5 minutes long and they are for individuals,not a blanket extension for all. The same is true ofthe PowerPoint presentation.If permitted it must be short.I'll need the file by5:00 PM today. My suggestion is that you be as succinct as possible. There is no "rebuttal"from anyone. The commissioners willask specific questions when/if they want clarification on an issue. (RgSert (Rodgers Senior Planner &Zoning Administrator Town of Fountain Hills Development Services Department 16705 E.Avenue ofthe Fountains Fountain Hills,AZ 85268 Direct:480-816-5138 E-mail:rrodgers@fh.az.gov From:Dean Wieber \mailto:dean.wieber@qmail.coml Sent:Tuesday,February 11, 2014 8:05 AM To:Paul Mood; Robert 'Bob'Rodgers Cc:'Vlad Hermann' Subject:RE:Adero Canyon Paul and Bob, Per Planning Commission public hearing requirements I am requesting more than three minutes to present my comments at the Thursday night public hearing regarding Adero Canyon.My sense is that the most time I would need is 15 minutes.Further if MCO is allowed a chance for rebuttal we want a similar opportunity Also I have several emailed statements from Cordabella residents.What is the best way to transmit these to the Planning Commission?I can send them to you or print copies and bring them with me.If I bring copies how many should I bring? We are preparing a PowerPoint presentation and will have that to you 48 hours prior to the meeting per your direction. y<£r«r+u MCO hasaskedthat a portion ofthe Adero Canyon development at the endof Eagle Ridge Drive be rezoned to provide for approximately 61 customer home lots,44 twin homes,120 multi-family units and 119 custom lots.This will double the numberof units in the AderoCanyondevelopment fromthe originalmaster planof 171largelot homesto 344 units of different types including multi-family.According to the developer's traffic consultant,the development of Adero Canyon will resultin 2,898 additional vehicle tripson Eagle Ridge Drive alone. Many Cordabella at CopperWynd homeowners believe that the proposed increase in density may considerably and negatively alterthe character oftheir community.The traffic and noise may decrease safety and security inthe area, along with a resulting reduction in property values.For these reasons,and several others,the proposed rezoning appearsto be inappropriate forthe Adero Canyon location. We,the undersigned, joinin opposing the rezoning of Adero Canyon: Signature Address (An j^La n^li^i/U^ 4%yJ^~yiu~*-*/. tfji/Ja/ YQjurtr/l U3ju^ ^j .y^Uyy^- /^7<P/^..c4/»/»?/ri)^f&*0STA*<«f<HUA /<•/3/Q£T.!5c/yV/JUY [)/?fttU/Trtv^Vr< IHIL j E.Wifimrr fl/P.^^^/MU~? uyyf C 5Z.-yP~&£_ W57 £A\)^H^CJt A2=i /(/gr-7 £>.Ui-STv/{M Or te)lT<WL&41r ''="—I ^ /UyX/£<z^5uw*rj~&t?^^ /*/7Q8 £/C*nyotncr*sf-Cf.3coff$4W<L Ufawjficrc&i QJT jtpS7£-S1//1/VT 3>j-,>4F#}ft'- 7^75-7^>$u/1/1 >rJ>wirfMj qJUmaa^ '^rui^ ^<g£^.^ <Sfl4u»A J)lt2n 1^1-2 ) E Ca«**,^a*jA C±.P.VViLSAAApertoA. 1^?!!£.j'C(/iM|T /A/g.P-M.A^ )-/9't <=-i^^ir />/*».P-M,AX /V7£C(f fa^^yg^fr F7f/T/%Z~ C? MCO has asked that a portion of the Adero Canyon development at the end of Eagle Ridge Drivebe rezoned to provide for approximately 61 customer home lots, 44 twin homes, 120 multi-family units and 119 custom lots.This will double the number of units in the Adero Canyon development from the original master plan of 171 large lot homes to 344 units of different types including multi-family.According to the developer's traffic consultant,the development of Adero Canyon will result in 2, 898 additional vehicle trips on Eagle Ridge Drivealone. Many Cordabella at CopperWynd homeowners believe that the proposed increase in density may considerably and negatively alter the character oftheir community. Thetrafficand noise may decrease safety and securityinthe area, along with a resulting reduction in property values.Forthese reasons,and several others, the proposed rezoning appears to be inappropriate for the Adero Canyon location. We,the undersigned,join in opposing the rezoning of Adero Canyon: Signature 7? ALL/ ><>iu^ Address 77 £icTyvohyxyn/yy\°tw ScJLU for SS2JS. 1^133 eJ\S^^t flu.fi4-ffip.fc'g MCO has asked that a portion ofthe AderoCanyon development at the end of Eagle Ridge Drivebe rezoned to provide for approximately 61 customer home lots,44 twin homes, 120 multi-family unitsand 119custom lots.This will double the number of units in the AderoCanyon development from the original master plan of 171 large lot homes to 344 units of different types including multi-family.According to the developer's traffic consultant, the development of Adero Canyon will result in 2,898 additionalvehicletrips on Eagle Ridge Drive alone. Many Cordabella at CopperWynd homeowners believe that the proposed increase in density may considerably and negatively alter the characteroftheir community.The traffic and noise may decreasesafetyand security inthe area, along with a resulting reduction in property values. For these reasons, and several others, the proposed rezoning appears to be inappropriate for the AderoCanyonlocation. We,the undersigned,join in opposing the rezoning of Adero Canyon: Signature yf/^<E^sd-^^f^j^Uu^u^h ^Hi/ Address 3T^y C^-7\ -^y-—> 1z)/tisfr J/L^^y^r^fo-J)J^^ru Mffi/^W^//w6V.s^U^g I^IZ-&So fyy^i-r j>^^^ofeM 8SZ6® UaS^J^^il^a^LaJ//<£-tZ7 £I);JU_1h^(LfruS ? 9¥c*a k3tul%jl*slPLc^/fg37 eg-*2j,-J-*jj2ex)dAch j5^»5" /¥9<P3 £Stffwh or frs*6$ if ffi GrAwmi*or $*S&£#* /</7ff £•<5m/-u r ja/L ZS^ 12=.°y^y^y /m*>tL Suqvjjk 8$2£% To:Cordabella at CopperWynd Homeowners Asyou may be aware,MCO has asked that a portion ofthe Adero Canyon development at the end of EagleRidge Drive be rezoned to provide for approximately 61 customer home lots, 44 twin homes,120 mul -family units and 119 custom lots.Thiswill double the number of units in the Adero Canyon development from the original master plan of 171 large lot homes to 344 units of different types including multi-family.According to the developer's traffic consultant,the development of Adero Canyon will result in 2,898 additional vehicle trips on Eagle RidgeDrive alone. There will be a Planning Commission public hearing on Thursday,February 13,2014 at the Fountain Hills C'rty Hall regarding the rezoning.Please refer back to notification senton February 3rd. Many Cordabella homeowners believe that the proposed increase in density may considerably and negatively alter the character of our community.The traffic and noise may decrease safety and security in the area,along with a resulting reduction in property values. For these reasons,and several others,the proposed rezoning appears to be inappropriate for the Adero Canyon location. Ifyou would like to join in opposing the rezoning, you may stop by any of the following homes between 9:00am and 6:00pm between Friday and next Wednesday in order to add your signature and address to the posted form Of you may forward this email along with your signature, address, and any additional comments to Karen.Sundberg@fsresidential.com. 14881 East Vista View Court 14781 East Summit Drive 14887 East Summit Drive All signatures and emails must be received by Wednesday,February 12th 5:00pm. Thank you,^i^.vu if V>L Cordabella Homeowners'Adero Canyon Committee .'(X ^^ytfr^i i?y ** Dean Wieber Co-Chair Vlad Herman Co-Chair Ux af±-A ^ Afe ••/.& ni^in^ss^z MCO hasaskedthat a portionofthe Adero Canyon development at the end of Eagle Ridge Drive be rezoned to provide for approximately 61 customer home lots,44 twin homes,120 multi-family units and119 custom lots.This will double the numberof unitsin the Adero Canyon developmentfromthe original master planof 171largelothomesto 344units of different types including multi-family.According to the developer's traffic consultant,the development of Adero Canyon will resultin 2,898 additional vehicle tripson Eagle Ridge Drive alone. Many Cordabella at CopperWynd homeowners believe that the proposed increase in density may considerably and negatively alterthe character of their community.The traffic and noise may decrease safety and security in the area, along with a resulting reduction in property values.For these reasons,and several others,the proposed rezoning appears to be inappropriateforthe Adero Canyon location. We,the undersigned, join inopposing the rezoning of Adero Canyon: Signature Address lHtS-1 <?.$tA^;<t Zk Jtvu £(lw,<ww>v 'y^y^tyy^ M S J&n*u*,7fkue& M?S?r6y<«w>i/&l J*s6CWJLLd-14117 £Suwrbfi- /<~/f6Q Lyiu/4^/kyncu)~CJr ^uoL M»t>e W%-7¥ST£*^*W^&^ 1^743 £//u/n/n/f2)r. \\V\S^S.J^\. '$!****/M»&i«J J &*rry &******&•/fH??&.Su^^f iU/V^ •-I--u A]• :Wi RCV :• Reasons why the Adero Canyon generalplan,rezoningand platchangeshouldnot be approved. 1. Change the characterof our neighborhood:The more intensive development of Adero Canyon will fundamentally changethe characterofthe neighborhoods inthe area particularly dueto increasednoiseandtrafficas identifiedby MCO's consultant. 2.Noise:Our homes are incrediblyclose to EagleRidge Drive!The road may be able to handle the increased traffic but the Cordabella subdivision homes cannot.They are simply too closeto the street forsuch high levels oftrafficand noise.Manyhomesare 40'or less from the roadbed.Like most Arizona homes ours were designed with outdoor living areas inthe backyard including pools,patios, firepits and barbeque grills.The additional traffic and noise will be incredibly disruptive to our enjoyment of our outdoor living rooms and our homes. 3.Traffic:Eagle Ridge Drive isthe onlywayinand out of Adero Canyon.Based onthe developer's owntrafficstudytrafficcounts will increase by 2,898 vehicles on Eagle Ridge Drive.This will at leastbea doubling ifnot a tripling oftrafficon Eagle Ridge Drive.For comparison Sunridge Drive near Palisadescarries3,380 vehicles perday.How manyofyouwant Sunridge Drive levels of traffic 40'from yourhouseandeven closer to your backyard? 4.Access:Eagle Ridge,Eagles Nest,Crestview and Firerock all have multiple exits.So should Adero Canyon.Additional accesscouldbe developedfor Adero Canyon ifthere was a will to do so. 5.Business Risk:Theonlyreason that has been givenbythe developerforthe changein zoning isthe changing economic conditions andconsumerdemand.It isneitherthe Town of FH's job, northe responsibility of local residents, to bail out MCO fromthis situation.Thedeveloper receives the benefitsof business risk andtheyalonemustbear the burden of business risk.Eventually the market will come around and make the original Adero Canyonplan viable. 6.Accessfor zoning question:Perhaps the FH Times article in December regarding the developmentwas inaccurate but itwas uncomfortable to read abouthowthe Town of FH appearedto be trading an inappropriate zoning requestfor trailhead access. Knowing that MCO could easily grantaccessto the trailtoday by opening the gatejust makes this more uncomfortable. 7.Reduced property values:Everyone knows that increased traffic on Eagle Ridge Drive will hurtour property values.MCO hasnoted how FH cityand schools will benefitfrom the project.Whatwasthe calculation for those who will bearthe burden ofthe project? In additionwhenour propertyvaluationsgodown there will lessreal estate taxes paid byour communityto the Fountain Hills schooldistrict. 8.Prior knowledge:Mostofusboughtour homes knowing Eagle Ridge wasthere and knowing the plan for 171 lotsin Adero Canyon.The Town of FH is now being asked to change this longstanding plan by increasing Adero's density.This is plainly inappropriate becauseit imposes atremendous unexpected and undue burdenonthe neighboring property owners.Specifically this will greatly increase traffic on Eagle Ridge and the resulting noise,traffic,safety and security issues will have an immediate detrimental effect on our home values and quality of life.Further what is to prevent MCO from coming back intwo years and saying that phase one ofAderowas a bigsuccess and we want to rezone the remaining areas to higher density? 9.Conflicts with land planning theory:Prudent land planning theory would not put more intensive uses in the interior of a residential development on a dead end road. Commercial development belongs in busy areas. Industrial belongs ina separate area withgood access.Multi-family residential,according to FH's own General Plan,belongs in areas with arterial street access.Consider FireRock.The duplex Villasand Balera town homes are alllocated againstShea Boulevard.Theyare not in the middle ofthe development. 10.Conflict with FH's General Plan:The 2002 and 2010 FH's General Plan calls for Adero Canyon to be Very Low Density,singlefamily not multi family.Furtherthe plan states that duplex residential areas should have accessto arterial streets.The FH's general planshould begivenstrong preference unless there isclearand convincing evidenceto the contrary.Theonlychangedor changingcircumstance that hasbeen identified is that MCO has had difficulty selling lots in Eagle'sNest.Again it is not our responsibilityto bail them out much less to bail them out to the detriment of the neighborhood.Changes to the general plan require the following: a. It isnecessaryfor the planningcommissionto examine the conditions that were present when the planwasadopted and determine ifthose conditionsare still I present or true. T3.If the conditions originally present when the plan was adopted have changed significantly,the planmaywarrant reconsideration. c. Ifno changeshaveoccurred,the planshouldbe given strong deference. d. Theplanning commission must considerthe longrange implications oftheir actions,rather than beingdrivenbythis specificrezoningrequest. What will this mean for the next developer who asksfor a major rezoningdue to changing economic conditions? e.Again,specifically,the Planning Commission must identifywhat changedor changing circumstances have occurred which would requireanamendmentto the General Plan approved just four years ago. 11.Alternatives to the proposed plan:MCO has alternatives: a. Usethe undevelopedlotsin Eagle's Nestfor higherdensitydevelopment.The undeveloped lotshavegreat accessto SunRidge Canyon DR and utilities are already in place. b. DevelopAdero Canyon without increasingdensity. c. DevelopAdero accordingto the original agreement. Respectfully submitted, Cordabella Homeowners Adero Canyon Committee Dean Wieber &Vlad Hermann Co-Chairs Proposed Adero Canyon Development February 13,2014 Prior commitments out of state prevented me from participating in this Thursday's P&Z meeting.I'm very interested in the project and I offer some thoughts below. Here is a helicopter viewofthe Adero Canyon MCO development. There isn't a demonstrated need for more residential lots nor new homes in the near markets.At last count there are about 1,050 developed infill lots in Fountain Hills that will take many years to buildout. There is a need for more commercial development,that doesn't negatively compete existing businesses, to provide additional employment and government revenues. Afew weeks ago I meet with MCO to learn more about their plans.There are multiple MCO objectives for private,commercial and public uses. Those elements propose: o Building PUD patio homes with a common a zero lot linewith a number of two connected homes. o Aland or improved units sale that included the PUD units to the current Copperwynd operations to expand to the west on the side ofthe development access street. ©Development of a number of lots for individual custom home lots. o Anew a new, long planed,McDowell Mountain trail head. 1would encourage his one-time opportunity for Copperwyndto enlarge to encompasses present and future economic expansion.Thiswouldadd moreemployment,tourism and revenues. Otherwise, Copperwyndwillbecome 'land locked' after the MCO development. Production and semicustom homes are in a market to themselves.I support this limited inventory as having nominal impactonanyother currentorexpecteddevelopmentsor our infill lots.I would support the proposedlarger custom homelotsbe included inthe semi-custom lot build out instead simply adding them to our overbuilt infill custom home lots. There will not be any visual presence from existingFountain Hill streets. Asa side comment,I think the existingScottsdale EagleRidge development (an island in Fountain Hills) could be annexed into Fountain Hills.Presently their primary garbage,security and other services use our town streets to providesuch services.Also,manyproperty owners believethey are alreadyin Fountain Hills and callupon our town services.Additionally,properties for sale in Eagle Ridge are advertised for sale as Fountain Hills properties. Commissioner Steven Harris RoheWBob'Rodgers From:Dean Wieber [dean.wieber@gmail.com] Sent:Tuesday,February 11,2014 9:09 AM To:Robert 'Bob'Rodgers Cc:Vlad Hermann Subject:FW:Opposing Rezoning 02_11-14A10:07 RCV0 As you requested here are comments from Cordabella homeowners. Dean Wieber Original Message From:Karen Sundberg fmailto:Karen.S'undbergQfsresidential.com] Sent:Monday,February 18,2014 2:48 PM To:Dean Wieber (dean.wieber@Email.com) Subject:FW:Opposing Rezoning Original Message From:NOREEN REDICAN fmailto:ieannor5|Sloptonline.net 1 Sent:Sunday,February 89,2014 11:89 AM To: Karen Sundberg Subject:Opposing Rezoning To:Karen: WE WOULD LIKE TO EXPRESS OUR OPINIONS THAT WE ARE DEFINITELY OPPOSED TO THE REZONING THAT WOULD ALLOW THE CONSTRUCTION OF THE MULTIPLE HOMES AND ALL THE OTHER MULTI-EXPANSION THAT IS PROPOSED IN THE ADERO CANYON DEVELOPMENT.AS RESIDENTS OF CORDABELLA AT COPPERWYND,WE BELIEVE THIS PROPOSAL TO BE VERY DETRIMENTAL TO THE AREA. SIGNED;JEANNE NOONAN and NOREEN REDICAN -14934 E.PINNACLE COURT,SCOTTSDALE,AZ Robert 'Bob'Rodgers Dean Wieber [dean.wieber@gmail.com] Tuesday,February 11,2014 9:10 AM :01 *<* From:Dean Wieber [dean.wieber@gmail.com] Sent:Tuesday,February 11,2014 9:10 AM To:Robert 'Bob'Rodgers Cc:Vlad Hermann Subject:FW:Adero Canyon Attachments:img005.jpg As you requested here are comments from Cordabella homeowners. Dean Wieber Original Message From:Karen Sundberg fmailto:Karen.Sundberg@fsresidential.com] Sent:Monday,February 10,2014 1:04 PM To: Dean Wieber (dean.wieber(tDfimail.com) Subject:FW:Adero Canyon 02 -U-14M0 Original Message From:Ted Urban fmailto:tedurban(Sqwest.net] Sent:Saturday,February 08,2014 6:36 PM To: Karen Sundberg Subject:RE:Adero Canyon Hi,attached is the signed email as per instructions.Thanks,TED. rriabel!a s*CopperWynd Homeowners 02-11-14A10:08 RCVD may be aware,MCO hasasked that a portion of the Adero Canyon development at the et\d of Eagle Ridge aned to provide for approximately 81 customer home lots,44 twin homes,120 multi-family units and 119 c his will double the number of units in the Adero Canyon development from the original master pldrt of 171 nnes to 344 units of different types including multi-family.According to the ri*v©toptr's traffic consular .pment ofAdero Canyon will result in 2,89B additional vehicletrips on Eagle Ridge Drive atone, wrll be a Plannang Commission public hearing on Thursday,February IS*2014 at the Fountain Hills Cit ing the rezoning.Please refer back to notification sent on February 3rc1, Cordabella homeowners believe that the proposed increase in density may considerably and negativelyalt ter of our community. Thetrafficand noise may decrease safety and securityin the area, along witha res iqn in property values.Forthese reasons,and several others,the proposed rezoning appears to be Inappro i Adero Canyon location, wouCd like to join in opposing the rezomng,you may stop byanyof the following homesbetween 9:00as n between Friday and next Wednesday in order to add your signature and address to the posted form 0 forward this email along with your signature, address, and any additional comment Sundbergi^fsresidentiaixom, 14881 East Vista View Court 14731 East Summit Drive 14SS7 East Summit Drive thgnaturesandemailsmustbereceivedbyWednesday,February 12 S:00pm yoy, jelSg Homeowners'Adero Canyon Committee Weber Co-Chair ernnan G>Cbair. N •-•*'*_- a xa j•-.i _:i -/l.y (•_,*t i-M,at:i±'l 'WWW,W. '*•!f 4i-'•i-Wi f. (/.'- Robert 'Bob'Rodgers From:Dean Wieber [dean.wieber@gmail.com] Sent:Tuesday,February 11,2014 9:09 AM To:Robert 'Bob'Rodgers Cc:Vlad Hermann Subject:FW: Adero Canyon rezone Attachments:oppose rezoning.pdf 02-1 1 -14 Al 0 :00 RCVD As you requested here are comments from Cordabella homeowners. Dean Wieber Original Message From:Karen Sundberg rmailto:Karen.Sundberg(3fsresidential.com] Sent:Monday,February 10,2014 1:04 PM To: Dean Wieber (dean.wieber(3gmail.com) Subject:FW:Adero Canyon rezone From:Del Gooch fmailto:delgoochfSgmail.com! Sent:Monday,February 10,2014 12:52 PM To: Karen Sundberg Subject:Adero Canyon rezone Hi Karen, Please see attached ,please confirm receipt. Sincerely, Del Gooch PLLC Coldwell Banker Residential Brokerage Direct 480-390-0180 Fax 480-422-0180 www.delgooch.com<http://www.delgooch.com/> www.delgooch.listinebook.com<http://www.delgooch.listingbook.com> FREE HOME SEARCH CLICK BELOW https://read.n-play.com/HomeTours/FindHomeResults?fbPId=236074519753590 Find a Home<https://www.facebook.com/#!/pages/Del-Gooch-Realtor/236074519753590?sk= app_253956901293839> '• To:Cordabella at CopperWynd Homeowners 02_n.14MO-.08 RCVD Asyou may be aware,MCO has asked that a portion ofthe Adero Canyon development at the end of Eagle Ridge Drive be rezoned to provide for approximately 61 customer home lots, 44 twin homes, 120 multi-family units and 119 custom lots. This will double the number of units in the Adero Canyon development from the original master plan of 171 large lot homes to 344 units of different types including multi-family. According to the developer's traffic consultant,the development of Adero Canyon will result in 2,898 additional vehicle trips on Eagle Ridge Drive alone. There will be a Planning Commission public hearing on Thursday,February 13,2014 at the Fountain Hills City Hall regarding the rezoning.Please refer back to notification senton February 3rd. Many Cordabella homeowners believe that the proposed increase in density may considerably and negatively alter the character of our community. Thetraffic and noise may decrease safety and security in the area, along with a resulting reduction in property values. Forthese reasons, and several others, the proposed rezoningappears to be inappropriate for the Adero Canyon location. Ifyou would like to join in opposing the rezoning, you may stop by any of the following homes between 9:00am and 6:00pm between Friday and next Wednesday in order to add your signature and address to the posted form Or"you may forward this email along with your signature, address, and any additional comments to Karen.Sundberg@fsresidential.com. 14881 East Vista View Court 14781 East Summit Drive 14887 East Summit Drive All signatures and emails must be received by Wednesday,February 12th 5:00pm. Thank you, Cordabella Homeowners'Adero Canyon Committee Dean Wieber Co-Chair Vlad Herman Co-Chair All tdaJ&f &>&& yy^zyy^/&/c?^W3/ Robert'Bob'Rodgers 02-1 1-1 4A1Q :08 RCVD From:Dean Wieber [dean.wieber@gmaii.com] Sent:Tuesday,February 11,2014 9:10 AM To:Robert 'Bob'Rodgers Cc:Vlad Hermann Subject:FW:CORDABELLA AND ADERO CANYON,14899 ESummit Drive Attachments:ADERO02072014.pdf As you requested here are comments from Cordabella homeowners. Dean Wieber Original Message From:Karen Sundberg fmailto:Karen.Sundberg(S)fsresidential.com! Sent:Monday,February 10.,2014 1:04 PM To: Dean Wieber (dean.wieber(5)gmail.com) Subject:FW:CORDABELLA AND ADERO CANYON,14899 E Summit Drive From:SVERRIR HAUKSS0N fmailto:sverrirhauksson,@yahoo.coml Sent:Friday,February 07,2014 6:53 AM To:Karen Sundberg;Lisa Munzer Subject:CORDABELLA AND ADERO CANYON,14899 E Summit Drive Karen and Lisa, Please find enclosed our one page comments relating to the rezoning for Adero Canyon. We realize that what to say is debatable and subjective etc. We didn't know whar format to follow as the page we received last night covers both the text and directions to the owners at Cordabella. In other words we are also willling to sign a common statement once it has been typed on a separate sheet..In that case our enclosed comments may be used as a supplement. Thanks, Sverrir Re:Cordabella at CopperWynd F@8ruirV"6l ^614):08 RCVD Subject: The Adero Canyon Development We maintain that the proposed increase inthe proposed density will considerably and negatively alter the character of our community.Increased traffic,increased noise pollution and increased exhaust pollution will decrease safetyandsecurityinthe area, alongwith a resulting reduction in property values. For these reasons,and several others,the proposed rezoning appears to be inappropriate for the Adero Canyon location. We would also like to point out that according to Fountain Hills zoning ordinance,chapter 10 and paragraph.10.01 the purpose for single family residential zoning is among other things to protect the stability of the existing neighborhoods.Just wonder if this criteria was overlooked when it was decided to rezone the Adero Canyon Development by doubling the density there.Please note that if the project goes through we at Cordabella will be forced to inhale toxic air pollution. We will also be exposed us to unacceptable noise pollution.Is the idea to chase us out of here? Please note that Eagle Ridge Drive where it passes Cordabella @ CopperWynd ascends quite a bit making increasedair and sound pollution untollerable. The houses there may become uninhabitable.This applies especially to diesel powered trucks and speeders when ascending and descending the hill in question. Airlines and aircraft makers had to come up with less noisy airplanes approximately twenty five years ago. The European Union has sound standards including the City of New York and some other municipalities. The traffic noise In both locations cannot exceed 55 decibels in residential areas. No such zoning criteria appears available for Fountain Hills,it is internationally acknowledged that excessive noise is very detrimental to ones health. The rezoning calls for Eagle RidgeDrive to become a main artery.Reasonable people don't allow such a road due to the above mentioned deficiencies.Do you realize that in some areas it is less than 100 ft from residential buildings? We are just asking for compliance with the same sound ordinances that are already being adopted in our Country making it possible for us to live at Cordabella. The rezoning plans appear just to allow single access to Adero Canyon.There are other possibilities like having the main access via the area around RhoadesCt.off Sunridge Drive. The access will be much shorter,the ascend and descend is much less,fuel will be saved and noise and exhaust pollution will be much less. Thereare no buildings within100 ft ofsuch road. There are also other accesses possible by connection to other developments south east of Adero Canyon. The access has to be environmentally friendly and has to respect the wellbeing of the residents of the City of Fountain Hills. Sverrir Hauksson Betty J.Blankenship 14899 E Summit Drive 1 Robert 'Bob'Rodgers From:Dean Wieber [dean.wieber@gmail.com] Sent:Tuesday,February 11,2014 9:10 AM To:Robert 'Bob'Rodgers Cc:Vlad Hermann Subject:FW:Adero Canyon Attachments:CCE08022014_OOOOO.jpg 02-11-14A10:09 RCVD As you requested here are comments from Cordabella homeowners. Dean Wieber Original Message From:Karen Sundberg rmailto:Karen.Sundberg(3fsresidential.com! Sent:Monday,February 10,2014 1:04 PM To: Dean Wieber (dean.wieber(a)gmail.com) Subject:FW:Adero Canyon From:Lance Hawthornthwaite [mailto:lancetgh(ashaw.cal Sent:Saturday,February 08,2014 11:56 AM To:Karen Sundberg Subject:Adero Canyon This is our supporting letter opposing the zoning change at Adero Canyon Lance &Tamara Hawthornthwaite 14705 E.Canyoncrest Ct. Scottsdale, AZ,85268 (250)713-0678 cell (250)722-3943 res. Re:Adero Canyon. Lance &Tamara Hawthornthwaite 14705 E.CanyoncrestCt. Scottsdale,AZ 85268 02-11-14A10:09 RCVVD February 6,2014 This letter is to confirm Lance &Tamara Hawthornthwaite of the above address oppose the zoning change at Adreo Canyon.We support the belief that the traffic,noise;safety and security in the area will be compromised along with decreasing property values if Adero Canyon proceeds w.th its zoning change Lance Hawthornthwaite Tamara Hawthornthwaite:; Robert 'Bob'Rodgers From:Dean Wieber [dean.wieber@gmail.com] Sent:Tuesday,February 11,2014 9:11 AM To:Robert 'Bob'Rodgers Cc:Vlad Hermann Subject:FW:adero 02-1 1-14A10:10 RCVD As you requested here are comments from Cordabella homeowners. Dean Wieber Original Message From:Karen Sundberg rmailto:Karen.Sundberg@fsresidential.com1 Sent:Monday,February 10,2014 1:04 PM To: Dean Wieber (dean.wieberfSgmail.com) Subject:FW:adero From:ilabatel84Qaol.com rmailto:jlabatel04(3aol.coml Sent:Friday,February 07,2014 4:46 AM To: Karen Sundberg Subject:adero hi Karen I would like to add our names in opposition to the adero rezoning ,this would greatly impact our community with to many ways to list,unfortunately we will not be able to attend the hearing . I would appreciate it if you can add our names in opposition . Joseph and Nancy LaBate 14856 east summit drive Scottsdale AZ 85268 email jlabate 104(Saol.com<mailto:104@aol.com> thank you Joseph LaBate Robert 'Bob'Rodgers From:Dean Wieber [dean.wieber@gmail.com] Sent:Tuesday,February 11,2014 9:11 AM To:Robert 'Bob'Rodgers Cc:Vlad Hermann Subject:FW:Adero Canyon Rezoning Attachments:Adero Canyon Rezoning Make your voice heardVI .pdf 02-"-14A10:,0 RCVD As you requested here are comments from Cordabella homeowners. Dean Wieber Original Message From:Karen Sundberg [mailto:Karen.Sundberg(afsresidential.com! Sent:Monday,February 10,2014 1:03 PM To:Dean Wieber (dean.wiebertagmail.com) Subject:FW:Adero Canyon Rezoning From: Howard Wolff rmailto:howardiStotalpromote.com! Sent:Thursday,February 06,2014 6:39 PM To:Karen Sundberg Cc:'MM&I/Lisa Munzer' Subject:FW:Adero Canyon Rezoning Please add our signatures those opposed to the Adero Canyon Rezoning. Howard and Susan Wolff 14859 E.Vista View Ct. Scottsdale, AZ 85268 Thanks Howard and Susan Wolff To:Cordabella at CopperWynd Homeowners 02-11-14A10:10 RCVD As you may be aware,MCO has asked thata portion ofthe Adero Canyon development atthe end of Eagle Ridge Drive be rezoned to provide for approximately 61 customer home lots,44 twin homes,120 multi-family units and 119 custom lots.This will doublethe numberofunitsinthe Adero Canyon developmentfromthe original masterplanof 171 large lot homes to 344 units of differenttypes including multi-family.According to the developer's trafficconsultant,the development of Adero Canyon will result in 2,898 additional vehicle trips on Eagle Ridge Drive alone. There will be a Planning Commission public hearing on Thursday,February 13, 2014at the Fountain Hills City Hall regarding the rezoning.Please refer back to notification senton February 3r. Many Cordabella homeowners believe thatthe proposed increase in density may considerably and negatively alterthe character ofour community.The traffic and noise may decrease safety and security inthe area,along with a resulting reduction in property values.For these reasons,and several others,the proposed rezoning appears to be inappropriate for the Adero Canyon location. If you would like to join in opposing the rezoning,you may stop by any ofthe following homes between 9:00am and 6:00pm between Friday and next Wednesday in order to add your signature and address tothe posted form Or you may forward this email along with your signature,address,and any additional comments to Karen.Sundberg@fsresidential.com. 14881 East Vista View Court 14781 East Summit Drive 14887 East Summit Drive All signatures and emails must be received by Wednesday,February 12th 5:00pm. Thank you, Cordabella Homeowners'Adero Canyon Committee Dean Wieber Co-Chair Vlad Herman Co-Chair ^frb*l±&u*ft0*1 2/11/2014 •'.':•;'. • w^ 8 ^rkbella at te.??A -ft 1J\/y Fountain HillsPlanning-ZonlngCommissionPublicHearin Illustration of proximity from EagleRidge Drive! homeowner property line. s/y/ D 1 02 _u-^po5'-43 RCVO Cordabella Homeowners Adero Canyon Rezoning-Development Concerns l.Change the character of our neighborhood 2-Increased noise levels 3.Traffic due to limited access 4.Business risk S.Safety and security G.Valley Fever 7.Reduced property values 8.Prior knowledge 9.Conflicts with land planning theory 10 Conflictwith FH's general plan 11 Alternatives to the proposed plan 12 Elephant In the room: "...:,.-•»ailw.:.-»!:,:-.>;:*--*:.b-F.l <*'<••<.r -..„,n.::u '/T-*-W":y^riabellaMm_:'/cuiy/'iy AderoCanyonRezoning-DevelopmentConcerns1.Changethecharacterof ourneighborhood2.Increasednoiselevels3.Trafficduetolimitedaccess4.Businessrisk5.Safetyandsecurity6.ValleyFever7.Reducedpropertyvalues8. Priorknowledge9. Conflictswithlandplanningtheory10.ConflictwithFH'sgeneralplan11.Alternativestotheproposedplan12.Elephantintheroom:FountainHillsPlanningandZoningCommissionPublicHearing-February13,2014 )3l )t" HH . 1 1'yywr+=1 |mc=y110©rzz-ic^ To:Cordabella at CopperWynd Homeowners As you may be aware,MCO has asked that a portionof the Adero Canyon development at the end of Eagle Ridge Drive be rezoned to providefor approximately61customer home lots,44 twin homes, 120 multi-family unitsand 119custom lots. Thiswill double the number of units in the Adero Canyon development from the original master plan of 171 large lot homes to 344 units of different types includingmulti-family.According to the developer's traffic consultant,the development of AderoCanyonwillresult in 2,898 additional vehicletrips on Eagle Ridge Drive alone. There will be a Planning Commission public hearing on Thursday, February 13, 2014 at the Fountain Hills City Hall regarding the rezoning.Please refer back to notification senton February 3rd. ManyCordabella homeowners believe that the proposed increase in density may considerably and negativelyalter the character of our community. The traffic and noise may decrease safety and security in the area, along with a resulting reduction in property values. For these reasons, and several others,the proposed rezoning appears to be inappropriate for the Adero Canyon location. Ifyou would like to joininopposingthe rezoning,you maystop byanyof the following homesbetween9:00amand 6:00pm between Friday and next Wednesday in order to add your signature and address to the posted form Of you may forward this email along with your signature, address, and any additional comments to Karen.Sundberg@fsresidential.com. 14881 East Vista View Court 14781 East Summit Drive 14887 East Summit Drive All signatures and emails mustbe received by Wednesday,February 12th 5:00pm. Thank you, Cordabella Homeowners'Adero Canyon Committee Dean Wieber Co-Chair Vlad Herman Co-Chair vvUkifo i^hiJiv JW3>/y *'*< This pastSunday I spoke with an MCO real estate agent. When I mentionedthat I would be attending this meeting,she told me not to bother.She said it was a done deal.She saidthat MCO already has Fountain Hills in their pocket,andhaseven won over Scottsdale by promising totie hiking trails in Adero Canyon to existing trails in Scottsdale. Ithen told her that MCO is not just asking to double the number of dwelling units in Adero Canyon,but rather is proposing that52of their dwelling units be increased to 225,an increase of more than 430%.I said "What's to keep MCO from coming back in a couple of years."She said that I was right.She had just attended a meeting at MCO and was toldthatthis isjustthe first of three planned phases. When Fountain Hills approved 171 dwelling units for Adero Canyon in 2001,itwas understood,and told tothose of us whosubsequently purchased homes in Cordabella, Eagle Ridge,and Copperwynd Villas,that Adero Canyon would be serviced by Eagle Ridge Dr,Via Linda,and a third connector to Eagle's Nest.Things have changed and Via Linda cannot be used.MCO is also now telling us that a connector into Eagle's Nest isnot viable,leaving EagleRidge Dr as the onlyentranceand exit. CivTech's traffic study doesnot address the 200 dwelling units already using Eagle Ridge Dr.Using their statistics,there is already a maximum of 1,563 daily trips,521 % ofthe amount allowed by Fountain Hills on a 26'roadway.Evenifyoucutoutthe bike lanes and extend the roadwayto 32*,itis still 223% greaterthan the trafficallowed. Adding in the already approved 171 dwelling units,the maximum daily trips rise to 3,191,455%ofthe traffic allowed by Fountain Hills for a 32'roadway. We all knowthat there are other communities that allowhigher traffic flows,but thatis notthe character of Fountain Hills.The master plan for Fountain Hills provided for open land and spacious roadways,allowing Fountain Hills to safelyhave no street lights. Giventhe above facts,we would liketo ask that instead of increasing the numberof dwelling units,Fountain Hills withdraw their approval for the 171 dwelling units.If thatis totally impossible,atthe very least,we request thatyounot increase this number by even 1 additional dwelling unit.If MCO and Fountain Hills feels thatthey must reduce the size ofhome sites with the goals of making more affordable housing andof realizing a faster returnof investment,then any additional building lots should be converted to publicopen space reserved in perpetuity. CowmiSS'tto /»&%JXt^lcjsute STATEMENT BY HIDDEN HELLS OF SCOTTSBAIJE COMMUNITY ASSOCIATION • FOR THE PLANNING COMMISSION MEETING,THE TOWN OF FOUNTAIN HILLS 16705 E.Avenue ofthe Fountain PRESENTED BY SANDRA L.GOLDENBERG,PRESIDENT February 13,2014 On behalf ofHiddenHillsof ScottsdaleCommunityAssociation(HiddenHills),wethankyoufor the opportunity to present our views regarding the potential impact ofthe Adero Canyon Development on our community. Background Hidden Hills is a PlannedCommunity,the development of which began in the 2000timeperiodby SunCor/GoldenHeritage,andexceptforsomehomesoncustomlotsthathavenotyet been built,the construction was completed in 2005-2006.(SunCor/Golden Heritageisnolongerin business.)Phase2of HiddenHillsis immediately adjacent toParcel1ofAderoCanyon.Several ofthe houses inthe proposed development will share a boundary with existing Hidden Hills homes located in Phase 2of Hidden Hills. Bicycle Easement SunCor/Golden Heritage granted theCityof Scottsdale an easement for pedestrian and non-motorized vehicle access through 145*Way in Phase 2,a private street.The clear intent of the easement was to provide a bicycle commuter connector between Fountain Hills and Scottsdale so that bicyclists would not needto use SheaBoulevard,whichisaveryheavilytraveledhighspeedroad. Asofthistime,the connection to Fountain Hills has not been built.The result was that,without a connector to Fountain Hills, many bicyclists used 145th Way asa training circuit,riding at excessive speed downhill and creating traffic safety problems toresidents on 145th Way.The problems were exacerbated by the inability ofeither the Scottsdale Police Department or the Maricopa Sheriffs Department to enforce traffic laws on 145th Way because itisa private street,notwithstanding that there isa public easement.In February 2012,the easement was temporarily suspended bythe City of Scottsdale,pending completion ofthe connector through Fountain Hills. The Adero Canyon Development Proposal would create a connector between Scottsdale and Fountain Hills. Susan Conclu,a Senior Transportation Planner forthe City of Scottsdale,has submitted comments that would ensurethe connector willmeettheneeds of bicyclistswishingto passthroughHiddenHillsto FountainHills.We believe itis imperative to ensure a safe connector sothatthe bicyclists havethe connection to Fountain Hillsthatthey desire,andtoavoida repetition ofthe problems Hidden Hills experienced whentherewas no connector. Drainage Following completion of Phase 2,Hidden Hills'residents experienced another significant issue—that of storm water damage along 145th Way.In engineering the streets,the builder had not put storm drains into the development,apparently believing that the design ofthe streets was sufficient to accommodate storm water runoff without damage to property.That proved nottobethe case,and during heavy storms,many homes along 145th Way experienced a great amount of damage and erosion to front yards.To address this problem, the developer paid for the installation ofa drain across 145th Way that collects and moves excess water through a channel.Since installation ofthe drain,we have not experienced water damage problems along 145th Way.The design was based on conditions existing atthetime—i.e.,there were no additional homes constructed north of Hidden Hills. HiddenHills understands thatitwillbetheAderoCanyondeveloper's responsibility to ensurethatthe storm water drainage engineering plans contain water runoff in Adero Canyon.However,based on our prior 1 Commissi/h*^}&H$t^k.<£/,3fa experience,we are very concernedthat greatcare be taken in developingthese plansto ensurethatthe residents living along 145th Way in Hidden Hills will not beadversely affected. Noise,Traffic,and Pollution If/when the development ofAdero Canyonproceeds, the residents of Hidden Hills understandthat there will be disruptionduringthe constructionphase ofParcel 1andthe otherareas inAderoCanyonnearHidden Hills. Weask that FountainHills ensurethat all noiseand soil pollution abatementrequirementsbestrictly adheredto in orderto minimizethe impacton HiddenHills. Wealso ask that if anyaccessisrequiredto Hidden Hills'property onthe Adero Canyon side ofthe Hidden Hills'gates atthe top of 145th Way,thatitbe coordinated in advance with our communitymanager. Further, there will continue to be no vehicular access to 145th Way except by Hidden Hills'residents and service providers. The ProposedAdero CanyonDevelopmentPlan calls fordevelopment of multi-family/resort facilities.It is not clear from the plan what that entails. Again, we ask that consideration be givento noise, traffic and pollution abatement. Height of Adero Canyon Parcel 1 Homes adjacent to Hidden Hills'Homes The ProposedAdero CanyonDevelopmentPlanwouldpermithomesbuilt inPhase 1ofAderoCanyonto be constructedto a maximumheight of 30 feet. There will be a smallnumber of HiddenHills' homes(i.e., especially lots95-97ofPhase2 ofHiddenHills)thatwouldbedirectly impacted byahomebuilttothat height immediately adjacenttothosehomes. Thiscouldhavea significantimpactonprivacyand enjoyment ofproperty.Weaskthat consideration begivento limiting theheightof homes immediately adjacent to existingHidden Hills' homesto no morethan 20 feet. 2157683.3 RESOLUTION NO. 2014-19 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, SETTING FORTH THE TENTATIVE BUDGET AND ESTABLISHING THE MAXIMUM BUDGET AMOUNT FOR THE TOWN OF FOUNTAIN HILLS FOR FISCAL YEAR 2014-2015. WHEREAS, pursuant to the provisions of the laws of the State of Arizona, the Mayor and Council of the Town of Fountain Hills (the “Town Council”) is required to adopt a budget; and WHEREAS, in accordance with ARIZ. REV. STAT. § 42-17102, the Town Manager has prepared and filed with the Town Council the Town Manager’s Budget estimates for the fiscal year beginning July 1, 2014 and ending June 30, 2015. NOW, THEREFORE, BE IT RESOLVED 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 statements and schedules attached hereto as Exhibit A and incorporated herein by reference are hereby adopted as the Town’s official tentative budget for the fiscal year beginning July 1, 2014 and ending June 30, 2015, including the establishment of the maximum budget amount for such fiscal year in the amount of $44,807,389.00. SECTION 3. Upon approval of the Town Council, the Town Manager or designee shall publish in the official Town newspaper once a week for two consecutive weeks (i) the official tentative budget and (ii) a notice of the public hearing of the Town Council to hear taxpayers and make tax levies at designated times and places. The notice shall include the physical addresses of the Fountain Hills Town Hall and the Fountain Hills Public Library and the website where the tentative budget may be found. SECTION 4. The Town Manager or designee shall, no later than seven business days after the date of this Resolution, (i) make available at the Fountain Hills Town Hall and the Fountain Hills Public Library a complete copy of the tentative budget, and (ii) post the tentative budget in a prominent location on the Town’s website. SECTION 5. 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 Resolution. [SIGNATURES ON FOLLOWING PAGE] 2157683.3 PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, May 1, 2014. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Kenneth W. Buchanan, Town Manager Andrew J. McGuire, Town Attorney 2157683.3 EXHIBIT A TO RESOLUTION NO. 2014-19 [Tentative Budget] See following pages. 4/13 SCHEDULE A Summary Schedule of Estimated Revenues and Expenditures/Expenses 2014 2014 July 1, 2014**2015 2015 SOURCES <USES>IN <OUT>2015 2015 Primary: $ Secondary: 3.Debt Service Funds Available 2,552,485 2,552,485 (16,587) 463,622 1,525,358 236,000 2,208,393 2,008,335 4.Less: Amounts for Future Debt Retirement 5.Total Debt Service Funds 2,552,485 2,552,485 (16,587) 463,622 1,525,358 236,000 2,208,393 2,008,335 6.Capital Projects Funds 18,254,080 18,254,080 8,032,581 12,870,890 8,200,000 8,200,000 2,445,772 567,500 22,781,743 22,775,330 7.Permanent Funds 8.Enterprise Funds Available 9.Less: Amounts for Future Debt Retirement 10.Total Enterprise Funds 11.Internal Service Funds 858,901 858,901 31,681 231,219 231,219 494,119 73,394 12.TOTAL ALL FUNDS 41,655,378$ 41,655,378$ 15,102,551$ 463,622$ 32,454,390$ 8,200,000$ 8,200,000$ 3,105,991$ 3,105,991$ 48,020,563$ 44,807,389$ EXPENDITURE LIMITATION COMPARISON 2014 2015 1. Budgeted expenditures/expenses 41,655,378$ 44,807,389$ 2. Add/subtract: estimated net reconciling items 3. Budgeted expenditures/expenses adjusted for reconciling items 41,655,378 44,807,389 4. Less: estimated exclusions 20,157,414 21,266,457 5. Amount subject to the expenditure limitation 21,497,964$ 23,540,932$ 6. EEC or voter-approved alternative expenditure limitation 25,503,864$ 26,097,167$ * ** *** 2015 TOTAL FINANCIAL RESOURCES AVAILABLE BUDGETED EXPENDITURES/ EXPENSES INTERFUND TRANSFERSOTHER FINANCING 13,183,057$ ACTUAL EXPENDITURES/ EXPENSES** ADOPTED BUDGETED EXPENDITURES/ EXPENSES* 1. 2015 Amounts in this column represent Fund Balance/Net Position amounts except for amounts not in spendable form (e.g., prepaids and inventories) or legally or contractually required to be maintained intact (e.g., principal of a permanent fund). The city/town does not levy property taxes and does not have special assessment districts for which property taxes are levied. Therefore, Schedule B has been omitted. Includes Expenditure/Expense Adjustments Approved in current year from Schedule E. Includes actual amounts as of the date the proposed budget was prepared, adjusted for estimated activity for the remainder of the fiscal year. $ $ $ 6,917,900$ 13,675,484$ 631,439$ 193,000 Special Revenue Funds General Fund 13,183,057$ 2. 6,806,855 Fiscal Year 2015 TOWN OF FOUNTAIN HILLS 6,271,546 19,961,945$ 13,678,784$ 1,907,052 2,574,363 6,806,855 136,976 4,151,439 FUND BALANCE/ NET POSITION*** PROPERTY TAX REVENUES ESTIMATED REVENUES OTHER THAN PROPERTY TAXES FUND 4/13 SCHEDULE B 2014 2015 1. $$ 2. $ 3.Property tax levy amounts A. Primary property taxes $$ B. Secondary property taxes 1,013,040 463,622C.Total property tax levy amounts $1,013,040 $463,622 4.Property taxes collected* A. Primary property taxes (1) Current year's levy $ (2) Prior years’ levies (3) Total primary property taxes $ B. Secondary property taxes (1) Current year's levy $1,000,800 (2) Prior years’ levies (3) Total secondary property taxes $1,000,800 C. Total property taxes collected $1,000,800 5.Property tax rates A. City/Town tax rate (1) Primary property tax rate (2) Secondary property tax rate 0.2765 0.1151(3) Total city/town tax rate 0.2765 0.1151 B. Special assessment district tax rates Secondary property tax rates - As of the date the proposed budget was prepared, the two (2)special assessment districts for which secondary property taxes are levied. For information pertaining to these special assessment districts and their tax rates, please contact the city/town. * city/town was operating Includes actual property taxes collected as of the date the proposed budget was prepared, plus estimated property tax collections for the remainder of the fiscal year. Amount received from primary property taxation in the current year in excess of the sum of that year's maximum allowable primary property tax levy. A.R.S. §42-17102(A)(18) TOWN OF FOUNTAIN HILLS Tax Levy and Tax Rate Information Fiscal Year 2015 Maximum allowable primary property tax levy. A.R.S. §42-17051(A) 4/13 SCHEDULE C ESTIMATED REVENUES ACTUAL REVENUES* ESTIMATED REVENUES 2014 2014 2015 GENERAL FUND Local taxes Local Sales Tax $7,016,880 $7,016,880 $7,232,640 Franchise Tax 303,000 303,000 316,400 Licenses and permits Animal License Fees 47,365 47,365 41,006 Business License Fees 108,960 108,960 111,305 Liquor License Fees 1,500 1,500 1,500 Building Permit Fees 299,020 299,020 390,900 Sign Permits 3,350 3,350 3,350 Landscape Permit Fees 1,260 1,260 1,348 Subdivision Fees 21,000 21,000 21,000 Special Event Permits 1,825 1,825 2,500 Engineering Fees 2,500 2,500 2,500 Planning & Zoning Fees 10,000 10,000 10,000 Improvement Plan Review Fees 50,000 50,000 50,000 Intergovernmental State Sales Tax 1,936,920 1,936,920 2,048,760 Fire Insurance Premium Tax 109,769 109,769 35,000 Shared Income Tax 2,508,960 2,508,960 2,722,248 Vehicle License Tax Charges for services Parks & Rec User Fees 124,848 124,848 124,850 Encroachment Fees 35,000 35,000 35,000 Variances 4,000 4,000 4,000 Inspection Fees 17,000 17,000 17,000 Community Center Rental Fees 89,088 89,088 101,350 Leases & Rents 135,456 135,456 140,412 Fines and forfeits Court Fines 246,420 246,420 150,011 Interest on investments Interest on Investments 61,200 61,200 62,424 In-lieu property taxes Contributions Miscellaneous Miscellaneous 47,736 47,736 49,980 Total General Fund $13,183,057 $13,183,057 $13,675,484 * TOWN OF FOUNTAIN HILLS Revenues Other Than Property Taxes Fiscal Year 2015 Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. SOURCE OF REVENUES 4/13 SCHEDULE C ESTIMATED REVENUES ACTUAL REVENUES* ESTIMATED REVENUES 2014 2014 2015 TOWN OF FOUNTAIN HILLS Revenues Other Than Property Taxes Fiscal Year 2015 SOURCE OF REVENUES SPECIAL REVENUE FUNDS Highway User Revenue Fund Highway User Tax $1,268,640 $1,268,640 $1,194,094 Vehicle License Tax 749,700 749,700 867,000 In-Lieu Fees 25,000 25,000 12,000 Interest 1,200 1,200 1,200 Miscellaneous 6,300 6,300 6,300 $2,050,840 $2,050,840 $2,080,594 Downtown Strategy Fund Sales-Excise Tax $114,084 $114,084 $117,540 $114,084 $114,084 $117,540 Economic Development Fund Sales-Excise Tax $171,119 $171,119 $176,400 $171,119 $171,119 $176,400 Grants Miscellaneous 1,498,655 1,498,655 1,566,132 $1,498,655 $1,498,655 $1,566,132 Public Art Public Art $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 Court Enhancement Fund Court Enhancement Fund $14,550 $14,550 $14,550 $14,550 $14,550 $14,550 Cottonwoods Maintenance District Cottonwoods Maintenance District $4,823 $4,823 $4,823 $4,823 $4,823 $4,823 Total Special Revenue Funds $3,869,071 $3,869,071 $4,151,439 *Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 4/13 SCHEDULE C ESTIMATED REVENUES ACTUAL REVENUES* ESTIMATED REVENUES 2014 2014 2015 TOWN OF FOUNTAIN HILLS Revenues Other Than Property Taxes Fiscal Year 2015 SOURCE OF REVENUES DEBT SERVICE FUNDS General Obligation Debt Service Secondary Property Tax $1,013,040 $1,013,040 $474,000 Interest Income 210 210 210 $1,013,250 $1,013,250 $474,210 Eagle Mountain CFD $430,848 $430,848 $430,848 Municipal Property Corp 788,000 788,000 620,300 $1,218,848 $1,218,848 $1,051,148 Total Debt Service Funds $2,232,098 $2,232,098 $1,525,358 CAPITAL PROJECTS FUNDS Sales Tax-Local $120,000 $120,000 $324,600 Grants 3,878,000 3,878,000 4,314,000 Transfers 2,093,000 2,093,000 Miscellaneous 8,400,000 8,400,000 8,219,800 $14,491,000 $14,491,000 $12,858,400 Law Enforcement Development Fees $15,860 $15,860 $ Fire/Emergency Development Fees 3,540 3,540 4,990 Streets Development Fees 94,802 94,802 Parks & Recreation Development Fees 14,790 14,790 7,500 Library/Museum Development Fees 1,740 1,740 $130,732 $130,732 $12,490 Total Capital Projects Funds $14,621,732 $14,621,732 $12,870,890 *Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 4/13 SCHEDULE C ESTIMATED REVENUES ACTUAL REVENUES* ESTIMATED REVENUES 2014 2014 2015 TOWN OF FOUNTAIN HILLS Revenues Other Than Property Taxes Fiscal Year 2015 SOURCE OF REVENUES PERMANENT FUNDS $$$ $$$ Total Permanent Funds $$$ ENTERPRISE FUNDS $$$ $$$ Total Enterprise Funds $$$ * INTERNAL SERVICE FUNDS Internal Service Fund $61,330 $61,330 $62,246 Vehicle Replacement Fund 122,782 122,782 168,973 $184,112 $184,112 $231,219 Total Internal Service Funds $184,112 $184,112 $231,219 TOTAL ALL FUNDS $34,090,070 $34,090,070 $32,454,390 *Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 4/13 SCHEDULE D FUND SOURCES <USES>IN <OUT> GENERAL FUND Annual Debt Pmt for Community Center $$$$193,500 Project F4025 12,000 Economic Development fund 90,000 Facilities Replacement fund 143,772 Interfund charges-vehicle replacement 135,301 Interfund charges 56,866 Total General Fund $$$$631,439 SPECIAL REVENUE FUNDS Excise Tax-Project E8502 $$$$200,000 Excise Tax-Project E8504 1,525,000 Excise Tax-Project S6009 40,000 Economic Development Fund 90,000 103,000 Tourism Fund 103,000 HURF-Interfund Charges 5,380 HURF-Interfund Charges-vehicle replace 33,672 Total Special Revenue Funds $$$193,000 $1,907,052 DEBT SERVICE FUNDS Annual Debt Pmt for Community Center $$$236,000 $ Total Debt Service Funds $$$236,000 $ CAPITAL PROJECTS FUNDS Project E8502 $200,000 $ Project E8504 1,525,000 Project S6009 40,000 Project F4005 250,000 Project F4027 12,000 Bond Proceeds 8,200,000 Project S6005 275,000 Project S6010 8,200,000 fund Facilities Replacement Fund 610 143,772 Law Enforcement Dev Fee 203,000 Fire/Emergency Dev Fee 47,000 Streets Dev Fee 275,000 Library/Museum Dev Fee 42,500 Total Capital Projects Funds $8,200,000 $8,200,000 $2,445,772 $567,500 PERMANENT FUNDS $$$$ Total Permanent Funds $$$$ ENTERPRISE FUNDS $$$$ Total Enterprise Funds $$$$ INTERNAL SERVICE FUNDS Interfund Charges $$$62,246 $ Vehicle Replacement & Motor Pool 168,973 Total Internal Service Funds $$$231,219 $ TOTAL ALL FUNDS $8,200,000 $8,200,000 $3,105,991 $3,105,991 2015 2015 TOWN OF FOUNTAIN HILLS Other Financing Sources/<Uses> and Interfund Transfers Fiscal Year 2015 OTHER FINANCING INTERFUND TRANSFERS 4/13 SCHEDULE E ADOPTED BUDGETED EXPENDITURES/ EXPENSES EXPENDITURE/ EXPENSE ADJUSTMENTS APPROVED ACTUAL EXPENDITURES/ EXPENSES* BUDGETED EXPENDITURES/ EXPENSES 2014 2014 2014 2015 GENERAL FUND Mayor & Town Council $79,702 $$79,702 $85,158 Municipal Court 362,401 362,401 275,165 Administration 2,120,074 (20,653)2,099,421 2,089,705 Development Services 1,849,106 1,849,106 2,014,506 Community Services 2,232,231 20,653 2,252,884 2,387,521 Law Enforcement 3,121,325 3,121,325 3,379,630 Fire & Emergency Medical 3,418,218 3,418,218 3,447,099 Total General Fund $13,183,057 $$13,183,057 $13,678,784 SPECIAL REVENUE FUNDS Highway User Revenue Fund $2,322,318 $994,000 $3,316,318 $2,387,204 Downtown Strategy Fund 1,954,079 1,954,079 1,879,079 Economic Development Fund 171,119 171,119 229,741 Tourism Fund 110,175 Public Art Fund 15,000 15,000 15,000 Court Enhancement Fund 48,875 48,875 80,615 Grants Fund 1,498,655 (200,691)1,297,964 1,566,132 Cottonwoods Maint District 3,500 3,500 3,600 Total Special Revenue Funds $6,013,546 $793,309 $6,806,855 $6,271,546 DEBT SERVICE FUNDS General Obligation Bonds $1,015,850 $$1,015,850 $472,100 Eagle Mountain CFD 425,235 425,235 423,035 Municipal Property Corp 1,111,400 1,111,400 1,113,200 Total Debt Service Funds $2,552,485 $$2,552,485 $2,008,335 CAPITAL PROJECTS FUNDS Capital Projects $19,198,080 $(994,000)$18,204,080 $22,207,830 Law Enforcement Dev Fee 5,000 5,000 203,000 Fire/Emergency Dev Fee 5,000 5,000 47,000 Streets Dev Fee 20,000 20,000 275,000 Park/Rec Dev Fee 15,000 15,000 Library/Museum Dev Fee 5,000 5,000 42,500 Total Capital Projects Funds $19,248,080 $(994,000)$18,254,080 $22,775,330 PERMANENT FUNDS $$$$ Total Permanent Funds $$$$ ENTERPRISE FUNDS $$$$ Total Enterprise Funds $$$$ INTERNAL SERVICE FUNDS Internal Service $71,010 $$71,010 $72,394 Vehicle Replacement 587,200 200,691 787,891 1,000 Total Internal Service Funds $658,210 $200,691 $858,901 $73,394 TOTAL ALL FUNDS $41,655,378 $$41,655,378 $44,807,389 * Expenditures/Expenses by Fund Fiscal Year 2015 TOWN OF FOUNTAIN HILLS Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year. FUND/DEPARTMENT 4/13 SCHEDULE F ADOPTED BUDGETED EXPENDITURES/ EXPENSES EXPENDITURE/ EXPENSE ADJUSTMENTS APPROVED ACTUAL EXPENDITURES/ EXPENSES* BUDGETED EXPENDITURES/ EXPENSES 2014 2014 2014 2015 Mayor & Council General Fund $79,702 $$79,702 $85,158 Mayor & Council Total $79,702 $$79,702 $85,158 Administration General Fund $2,120,074 $(20,653)$2,099,421 $2,089,705 Downtown Strategy Fund 1,954,079 1,954,079 1,879,079 Economic Development Fund 171,119 171,119 229,741 Special Revenue Fund 1,498,655 (200,691)1,297,964 1,566,132 General Obligation Debt 1,015,850 1,015,850 472,100 Municipal Property Corp 1,111,400 1,111,400 1,113,200 Cottonwoods Maint District 3,500 3,500 3,600 Capital Projects 2,130,080 (20,000)2,110,080 2,055,080 Internal Service 71,010 71,010 72,394 Vehicle Replacement 587,200 82,014 669,214 1,000 Administration Total $10,662,967 $(159,330)$10,503,637 $9,482,031 Municipal Court General Fund $362,401 $$362,401 $275,165 Court Enhancement Fund $48,875 $$48,875 $80,615 Municipal Court Total $411,276 $$411,276 $355,780 Development Services General Fund $1,849,107 $$1,849,107 $2,014,506 Highway User Revenue Fund 2,322,318 994,000 3,316,318 2,387,204 Eagle Mountain CFD 425,235 425,235 423,035 Capital Projects 15,223,000 (994,000)14,229,000 15,808,000 Streets Development Fee 20,000 20,000 275,000 Vehicle Replacement Fund 118,677 118,677 Development Services Total $19,839,660 $118,677 $19,958,337 $20,907,745 Community Services General Fund $2,232,230 $20,653 $2,252,883 $2,387,522 Tourism Fund 110,175 Public Art Fund 15,000 15,000 15,000 Capital Projects 1,145,000 1,145,000 1,714,750 Park/Rec Development Fee 15,000 15,000 Open Space Development Fee Library/Museum Dev Fee 5,000 5,000 42,500 Community Services Total $3,412,230 $20,653 $3,432,883 $4,269,947 Fire & Emergency Medical General Fund $3,418,218 $$3,418,218 $3,447,099 Capital Projects 700,000 20,000 720,000 2,630,000 Fire/Emergency Dev Fee $5,000 $$5,000 $47,000 Fire & Emergency Med Total $4,123,218 $20,000 $4,143,218 $6,124,099 Law Enforcement General Fund $3,121,325 $$3,121,325 $3,379,630 Law Enforcement Dev Fee $5,000 $$5,000 $203,000 Law Enforcement Total $3,126,325 $$3,126,325 $3,582,630 * Expenditures/Expenses by Department Fiscal Year 2015 TOWN OF FOUNTAIN HILLS Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year. DEPARTMENT/FUND 4/13 SCHEDULE G Full-Time Equivalent (FTE) Employee Salaries and Hourly Costs Retirement Costs Healthcare Costs Other Benefit Costs Total Estimated Personnel Compensation 2015 2015 2015 2015 2015 2015 GENERAL FUND 47 $2,510,372 $235,739 $376,339 $147,412 =$3,269,862 SPECIAL REVENUE FUNDS Highway User Revenue Fund 5 $277,556 $30,533 $63,080 $44,724 =$415,893 Economic Development Fund 50,449 4,206 54,655 Tourism Fund 36,211 700 789 4,675 42,375 Total Special Revenue Funds 5 $364,216 $31,233 $63,869 $53,605 =$512,923 DEBT SERVICE FUNDS $$$$=$ Total Debt Service Funds $$$$=$ CAPITAL PROJECTS FUNDS $$$$=$ Total Capital Projects Funds $$$$=$ PERMANENT FUNDS $$$$=$ Total Permanent Funds $$$$=$ ENTERPRISE FUNDS $$$$=$ Total Enterprise Funds $$$$=$ TOTAL ALL FUNDS 52 $2,874,588 $266,972 $440,208 $201,017 =$3,782,785 FUND TOWN OF FOUNTAIN HILLSFull-Time Employees and Personnel CompensationFiscal Year 2015 Issue 16 - A pril 25, 2014 Legisla tiv e Ov erv iew At 1:46 A.M . Th ursday mo rning, th e Le gislature adjou rn ed sin e die, markin g the e nd o f th e Se c on d Regular Se ssio n o f th e 51st Legislature. Th is se ssio n saw the passage o f 337 bills, me mo rials and re so lutio n s. Go vernor Bre wer n o w h as te n days (e xc lud in g Sun days) to take ac tion on the re maining bills on he r desk. Un less ve to ed by the Go vernor, th e ge neral e ffe c tive date for bills will be July 24. As might be e xpec te d, this week saw a flurry o f legislative ac tivity, whic h inc lu de d a n umbe r o f bills th at we re mo nito red by the Leagu e fo r th e harmful impac ts on c itie s an d to wns. HB 2448 (NO W: just c o mpen sation ; tax c redits) and HB 2091 (just c o mpen sation ; to lling; time limitatio n) were de fe ate d o n the flo o r o f the Se n ate and HB 2339 (fire arms; permit h o ld e r s; pub lic plac es) an d HB 2517 (fire arms; state pre emption ; penalties) were vetoe d by the Go ve rn o r. Altho ugh the Le gislature has o ffic ially adjo urned, th eir labo rs are almo st assu r e dly un finishe d, as the Go verno r is e xpec te d to c all them bac k in to spec ial se ssion in o rder to address he r desired Child Protec tive Servic es refo rms. G raffiti Aba tement HB 2571 (c rimin al damage s; e c on o mic c o sts) passe d the Sen ate Th ird Re ad an d the Ho u se Final Read o n Tue sday, was transmitted to th e Go ve rn o r's o ffic e on Wedn esday and signed in to law. Spo nsored by Represen tative Juan Carlos Esc amilla (D-San Lu is) the measure allo ws fo r vic tims o f c r imin al damage, espec ially graffiti, to r e c o ve r fu ll ec o no mic c o sts fo r the abateme nt o f th e damage from the pe rpetrator. Th e bill is the produc t o f a League Reso lu tio n . We thank Re p. Esc amilla for sh ep h erdin g the bill an d Go vernor Bre wer fo r sign ing it. Election Calculations O n Thu rsday HB 2126 (munic ipal an nexation ; size; exc e ptio n) passed th e Hou se o n a Fin al Read vo te o f 56-1. Th e bill, amo n g o th er c h anges, e nac ts th e provisio ns of SB 1415 (munic ipal ele c tio ns; majo rity vo te c alc u latio n) on a te mporary basis. Th is mean s that c ities and to wn s h o ld in g c ou nc ilme mber ele c tio ns th is fall with o ut a mayo r o n the ballo t may be able to save taxpaye r do llars by using th e to tal o f lo c al ballo ts c ast to determine th e win ner o f c o un c il rac e s rathe r than using th e vo tes c ast in the gubernato rial primary. It shou ld be n o ted th at alth o ugh the language of HB 2126 inc lu des the year 2015, this has n o prac tic al effec t as the re is n o pr e siden tial o r gu bernato rial e lec tion to ske w vote c alc u latio ns. The Le ague wou ld like to than k the nu mero us le gislato rs wh o se hard wo r k and c o mmitme nt h elpe d ge t this bill thro ugh the legislative pro c ess and o nto th e Go vernor's desk. The bill now awaits final ac tio n fro m the Go ve rn o r. 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 2389: NO W: transac tion privilege tax c han ges - finan c e 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.