HomeMy WebLinkAbout121709PZ:\Council Packets\2009\R12-17-09\091217A.docx Last printed 12/15/2009 2:10 PM Page 1 of 3
NOTICE OF THE
REGULAR SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 P.M. - REGULAR SESSION
WHEN: THURSDAY, DECEMBER 17, 2009
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
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 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 Jay T. Schlum
Councilmember Mike Archambault Councilmember Ginny Dickey
Councilmember Dennis Brown Vice Mayor Cassie Hansen
Councilmember Dennis Contino Councilmember Henry Leger
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CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Schlum
INVOCATION – Dr. Paul Soderquist, Fountain Hills Presbyterian Church
ROLL CALL – Mayor Schlum
MAYOR’S REPORT
(i) A review of upcoming community events.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) Financial Presentation by Jill A. Shaw, CPA, with the auditing firm of Heinfeld,
Meech & Co., P.C. of the Town of Fountain Hills’ Comprehensive Annual Financial
Report (CAFR) for the fiscal year ending June 30, 2009.
ii) Presentation by Public Safety Advisory Commission regarding the Public Safety Day
event scheduled for February 13, 2010.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), 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
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
November 10, 2009, and December 3, 2009.
2. CONSIDERATION of approving RESOLUTION 2009-41, granting a power distribution
easement to Salt River Project Agricultural Improvement and Power District.
3. CONSIDERATION of approving RESOLUTION 2009-42, granting an easement to Cricket
Communications, Inc.
4. CONSIDERATION of approving the EXTENSION of the expiration date for terms on the
Strategic Planning Advisory Commission from February 28, 2010, to June 30, 2010.
5. CONSIDERATION of approving the APPOINTMENT of Councilmember Dennis Brown,
Councilmember Dennis Contino, and Councilmember Henry Leger to serve on the Town
Council Review Subcommittee for the purpose of reviewing applications, interviewing
applicants, and submitting a recommendation to the Mayor for citizens’ appointments to the
Board of Adjustment.
6. CONSIDERATION of approving NOT RENEWING the Town of Fountain Hills
Community Center’s Class 5 liquor license at the time of expiration, January 30, 2010.
REGULAR AGENDA
7. RECONSIDERATION of ORDINANCE 09-09, amending the Fountain Hills Town Code,
Chapter 7, Buildings and Building Regulations, Article 7-10, Development Fees, relating to
adjustments to development fees for the Town of Fountain Hills.
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8. CONSIDERATION of a TEMPORARY USE PERMIT for the Town Center Merchants
Group Repeating Outdoor Retail Sales Events for 2010. Case# TU2009-06
9. CONSIDERATION of a TEMPORARY USE PERMIT for the Plaza Fountainside, located at
12645 N. Saguaro Boulevard, for repeating outdoor retail sales events for 2010. Case#
TU2009-05
10. PUBLIC HEARING regarding ORDINANCE 09-13, a text amendment to the Town of
Fountain Hills Zoning Ordinance, Chapter 6, Sign Regulations, Sections 6.08.B.13, 6.08.D.3,
6.03.A.13, and 6.08.B.4. The amendments extend the expiration date to December 31, 2010,
for A-frame signs and banners for special sales events and include a requirement for a permit
for A-frame signs and clarification of the purpose of an A-frame sign.
11. CONSIDERATION of ORDINANCE 09-13, a text amendment to the Town of Fountain
Hills Zoning Ordinance, Chapter 6, Sign Regulations, Sections 6.08.B.13, 6.08.D.3,
6.03.A.13, and 6.08.B.4. The amendments extend the expiration date to December 31, 2010,
for A-frame signs and banners for special sales events and include a requirement for a permit
for A-frame signs and clarification of the purpose of an A-frame sign.
12. PUBLIC HEARING on adopting the Town of Fountain Hills General Plan 2010.
13. CONSIDERATION of RESOLUTION 2009-43, adopting the Town of Fountain Hills
General Plan 2010, and calling a Special Election to be held on May 18, 2010, for voter
ratification of the new General Plan, as required by State Law.
14. PUBLIC HEARING to receive comments on RESOLUTION 2009-40, a proposed
Downtown Fountain Hills Area Specific Plan, which outlines the proposed development
patterns and land uses for the downtown area. Case #ASP2009-01
15. CONSIDERATION of RESOLUTION 2009-40, adopting the Downtown Fountain Hills
Area Specific Plan, which outlines the proposed development patterns and land uses for the
downtown area. Case #ASP2009-01
16. COUNCIL DISCUSSION/DIRECTION to the Town Manager.
Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council:
A. None.
17. SUMMARY of COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Town Manager.
18. ADJOURNMENT.
DATED this 10th day of December, 2009.
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.
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NOTICE OF THE
REGULAR SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 P.M. - REGULAR SESSION
WHEN: THURSDAY, DECEMBER 17, 2009
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
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 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 Jay T. Schlum
Councilmember Mike Archambault Councilmember Ginny Dickey
Councilmember Dennis Brown Vice Mayor Cassie Hansen
Councilmember Dennis Contino Councilmember Henry Leger
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CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Schlum
INVOCATION – Dr. Paul Soderquist, Fountain Hills Presbyterian Church
ROLL CALL – Mayor Schlum
MAYOR’S REPORT
(i) A review of upcoming community events.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) Financial Presentation by Jill A. Shaw, CPA, with the auditing firm of Heinfeld,
Meech & Co., P.C. of the Town of Fountain Hills’ Comprehensive Annual Financial
Report (CAFR) for the fiscal year ending June 30, 2009.
ii) Presentation by Public Safety Advisory Commission regarding the Public Safety Day
event scheduled for February 13, 2010.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), 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
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
November 10, 2009, and December 3, 2009.
2. CONSIDERATION of approving RESOLUTION 2009-41, granting a power distribution
easement to Salt River Project Agricultural Improvement and Power District.
3. CONSIDERATION of approving RESOLUTION 2009-42, granting an easement to Cricket
Communications, Inc.
4. CONSIDERATION of approving the EXTENSION of the expiration date for terms on the
Strategic Planning Advisory Commission from February 28, 2010, to June 30, 2010.
5. CONSIDERATION of approving the APPOINTMENT of Councilmember Dennis Brown,
Councilmember Dennis Contino, and Councilmember Henry Leger to serve on the Town
Council Review Subcommittee for the purpose of reviewing applications, interviewing
applicants, and submitting a recommendation to the Mayor for citizens’ appointments to the
Board of Adjustment.
6. CONSIDERATION of approving NOT RENEWING the Town of Fountain Hills
Community Center’s Class 5 liquor license at the time of expiration, January 30, 2010.
REGULAR AGENDA
7. RECONSIDERATION of ORDINANCE 09-09, amending the Fountain Hills Town Code,
Chapter 7, Buildings and Building Regulations, Article 7-10, Development Fees, relating to
adjustments to development fees for the Town of Fountain Hills.
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8. CONSIDERATION of a TEMPORARY USE PERMIT for the Town Center Merchants
Group Repeating Outdoor Retail Sales Events for 2010. Case# TU2009-06
9. CONSIDERATION of a TEMPORARY USE PERMIT for the Plaza Fountainside, located at
12645 N. Saguaro Boulevard, for repeating outdoor retail sales events for 2010. Case#
TU2009-05
10. PUBLIC HEARING regarding ORDINANCE 09-13, a text amendment to the Town of
Fountain Hills Zoning Ordinance, Chapter 6, Sign Regulations, Sections 6.08.B.13, 6.08.D.3,
6.03.A.13, and 6.08.B.4. The amendments extend the expiration date to December 31, 2010,
for A-frame signs and banners for special sales events and include a requirement for a permit
for A-frame signs and clarification of the purpose of an A-frame sign.
11. CONSIDERATION of ORDINANCE 09-13, a text amendment to the Town of Fountain
Hills Zoning Ordinance, Chapter 6, Sign Regulations, Sections 6.08.B.13, 6.08.D.3,
6.03.A.13, and 6.08.B.4. The amendments extend the expiration date to December 31, 2010,
for A-frame signs and banners for special sales events and include a requirement for a permit
for A-frame signs and clarification of the purpose of an A-frame sign.
12. PUBLIC HEARING on adopting the Town of Fountain Hills General Plan 2010.
13. CONSIDERATION of RESOLUTION 2009-43, adopting the Town of Fountain Hills
General Plan 2010, and calling a Special Election to be held on May 18, 2010, for voter
ratification of the new General Plan, as required by State Law.
14. PUBLIC HEARING to receive comments on RESOLUTION 2009-40, a proposed
Downtown Fountain Hills Area Specific Plan, which outlines the proposed development
patterns and land uses for the downtown area. Case #ASP2009-01
15. CONSIDERATION of RESOLUTION 2009-40, adopting the Downtown Fountain Hills
Area Specific Plan, which outlines the proposed development patterns and land uses for the
downtown area. Case #ASP2009-01
16. COUNCIL DISCUSSION/DIRECTION to the Town Manager.
Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council:
A. None.
17. SUMMARY of COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Town Manager.
18. ADJOURNMENT.
DATED this 10th day of December, 2009.
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.
Shopping & Dining throughout Fountain Hills is in full swingMerry ChristmasHappy New YearSaturday, January 2nd, 2009◦8:00AM Guided Hike through Fountain Hills McDowell Mountain Preserve: New Years Resolutions - Golden Eagle Trailhead◦9:00AM Docent-Led Art Walk – Community Center
Public Safety Appreciation DayFountain Hills Public Safety Advisory Committee
•Proposed Date- February 13th•Proposed Time- 9:00 am Setup, Event begins at 10:00 and concludes at 2:00 PM•Proposed Location- Fountain Park, Main Parking Lot
Invited Agencies•Fountain Hills/ Rural Metro Fire Department•Maricopa County Sheriffs Office•Fountain Hills CARE•Ft. McDowell Fire Department•Salt River Fire Department•Rio Verde Fire District•Ft. McDowell Police Department•Scottsdale Healthcare•Air Evac•DPS•Salt River Project•Southwest Gas
Proposed Activities•Fire Truck Static Displays•Child Car Seat Installations•Safety/Health/Preparedness Displays and Handouts•Blaze the Clown•Fire Extinguisher Demonstration•Air Evac Helicopter Display•MCSO Command Vehicle Static Display•Bomb Squad Robot Demonstration•Sheriff's Posse Display•Block Watch Display
Event LocationLZ
LayoutHelicopterLZ
Town of Fountain HillsStaff PresentationTemporary Use Permit -TU2009-06Outdoor Retail Sales Events1
Temporary Use Permit TU2009-06•Town Center Merchants Group is requesting recurring outdoor retail sales events•Zoning Ordinance section 5.16.B.4 provides for multiple like uses on a single TUP with Town Council approval,…for a calendar year.•Events are for calendar year 2010•All events start at 8AM, end by 9PM•Merchandise is associated with the business•Special signage to be allowed2
Downtown Map3Areas of Participation****
Original Planned Dates4
Revised Planned Dates5
Staff Recommendations•Staff recommends that the Town Council approve the Temporary Use Permit for “Repeating Outdoor Retail Sales for Events for 2010” for the Town Center, Case #TU2009-06, subject to the stipulations outlined in the staff report and the revised dates as presented.6
Town of Fountain HillsStaff PresentationTemporary Use Permit -TU2009-05Outdoor Retail Sales1
Temporary Use Permit TU2009-05•Plaza Fountainside is requesting recurring outdoor retail art sales events•Zoning Ordinance section 5.16.B.4 provides for multiple like uses on a single TUP with Town Council approval,…for a calendar year.•Events are for calendar year 2010•All events start at 10AM, end by 5PM2
Site Map3Splash Park
Planned Dates•January 2, 23•February 6, 26-28•March 6, 13•April 3•May 1, 22•June 5•July 3, 24•August 7 •September 4•October 2, 23•November 6, 12-14•December 44
TU2009-05•No Objections Received•Stipulations5
Staff Recommendations•Staff recommends that the Town Council approve the Temporary Use Permit for “Plaza Fountainside Outdoor Retail Sales for repeating events for 2010” at 12645 N. Saguaro Boulevard, Case #TU2009-05, subject to the stipulations outlined in the staff report.6
Center of Downtown CommercePromotes EntrepreneurshipA Variety of Commerce Opportunities & Business Uses
Avenue DistrictCore of the DowntownComfortable AtmosphereShopping Destination“MUST VISIT” Magnet for Visitors
South End DistrictSmall Neighborhood Oriented BusinessesMixed-Use Residential2ndStory OfficesSpecialty ShopsA “Village Square” Park
Residential DistrictCondominium DevelopmentsProvides a Resident Population for the Downtown Area
West Side DistrictA True Mixed-Use DistrictPossible Location for a FutureLarge Entertainment Anchor
Civic DistrictCurrent Home of Town Hall, Community Center, Library & MuseumPossible Future Location of otherCommunity Resources such as a Pool
Service DistrictExisting Commercial Plaza (Bashas)Community Oriented BusinessesImportant Component of the Downtownand Community as a Whole
Dynamic TransformationAmenity OrientedPublic Open SpacePerformance VenueSmall Specialty Shops,Retail & Cafés
Park DistrictMajority to Remain as Passive RecreationMore Amenities such as Trees, Lighting,Seating, Signage, & Other Furnishings
The Downtown Area Specific Planhas been designed with the aim ofdeveloping a flexible and pro-active framework in which the town can work on itsown, or with developers to create a vibrant, safe, and successful downtown. Eachdistrict outlined in this vision plan willhave its own unique character while stillblending with the other districts in the downtown area to provide many benefitsincluding:Allows the Town to take a more precise approach totargeting specificdevelopment types and identifying specific locationsfor the developments.A Guide for developers who have donesimilar projects and Outlines the desiresof the Town and its residents.Assists in developing a specific outreachpackage to engage developers andbusinesses and encourage them to have a Fountain Hills presence.Creates an invigoratedatmosphere that attracts both local and out of towncustomers to the area and helpsour local businesses succeed.Enhances the quality of life for thetown residents as well as attracting newvisitors.
Town CouncilApproved the Downtown Fountain Hills Vision Plan& Directed staff to process the Downtown Vision Plan for adoption as an Area Specific Plan in conjunction with the General Plan amendment process.-------------------------------------------------------------P&Z CommissionPublic Hearings –11/30/09 and 12/10/09Town CouncilPublic Hearing –12/17/09
1120918.1
RESOLUTION NO. 2009-40
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN
OF FOUNTAIN HILLS, ARIZONA, APPROVING THE DOWNTOWN
FOUNTAIN HILLS AREA SPECIFIC PLAN.
WHEREAS, on September 17, 2009, the Mayor and Council of the Town of
Fountain Hills (the “Town Council”) approved the Downtown Fountain Hills Vision Plan
(the “Downtown Vision Plan”); and
WHEREAS, the Town Council desires to adopt the Downtown Vision Plan as an
Area Specific Plan as provided in ARIZ.REV.STAT. § 9-461.09, as amended, to be known
as the “Downtown Fountain Hills Area Specific Plan” (the “Area Specific Plan”); and
WHEREAS, the proposed Area Specific Plan provides for appropriate land uses
for the downtown area; and
WHEREAS, the proposed Area Specific Plan satisfactorily addresses the issues
of traffic circulation, adequacy of public utilities, transition to existing development,
economic development, the preservation of open space and all of the elements of the
Town’s adopted General Plan; and
WHEREAS, notice of the public hearings on the proposed Area Specific Plan
before the Planning and Zoning Commission (the “Commission”) was provided in the
Fountain Hills Times on November 4, 2009 and November 11, 2009; and
WHEREAS, notice of the public hearings on the proposed Area Specific Plan
before the Town Council was provided in the Fountain Hills Times on
November 18, 2009; and
WHEREAS, public hearings on the Area Specific Plan were held by the
Commission on November 30, 2009 and December 10, 2009, and by the Town Council
on December 17, 2009.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The Area Specific Plan contained in file ASP2009-01, including
narrative text that clarifies and supports modifications in land use and changes to the area
shown on the Land Use Map, as described in Exhibits A and B, attached hereto and
incorporated herein by reference, is hereby adopted.
SECTION 2. 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 provisions and such
holding shall not affect the validity of the remaining portions of this Resolution.
1120918.1
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain
Hills, December 17, 2009.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Jay T. Schlum, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Richard L. Davis, Town Manager Andrew J. McGuire, Town Attorney
EXHIBIT A
TO
RESOLUTION NO. 2009-40
[Legal Description]
See following pages.
Exhibit “A”
TOWN OF FOUNTAIN HILLS
DOWNTOWN AREA SPECIFIC PLANNING AREA
That portion of the eastern half of Section 15 and western half of Section 14, Township 3 North
Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, said parcel
being more particularly described as follows:
Commencing at the centerline intersection of Palisades Boulevard and Westby Drive, the TRUE
POINT OF BEGINNING;
Thence following said centerline of Palisades Boulevard south 69 degrees 21' 52" east, a distance
of 984.30 feet to a point being the centerline intersection of Palisades Boulevard and La Montana
Drive;
Thence departing said centerline of Palisades Boulevard and following said centerline of La
Montana Drive, north 20 degrees 38 minutes 08 seconds east, a distance of 105.00 feet to the
beginning of a tangent curve, concave easterly and having a radius of 210.00 feet; thence along
the arc of said curve through a central angle of 71 degrees 51 minutes 52 seconds, an arc length
of 263.40 feet;
Thence south 87 degrees 30 minutes 00 seconds east, a distance of 624.07 feet to the beginning
of a tangent curve, concave northerly and having a radius of 500.00 feet; thence along the arc of
said curve through a central angle of 21 degrees 00 minutes 00 seconds, an arc length of 183.26
feet;
Thence north 71 degrees 30 minutes 00 seconds east, a distance of 523.72 feet to a point being
the centerline intersection of La Montana Drive and Saguaro Boulevard;
Thence following said centerline of Saguaro Boulevard south 18 degrees 30 minutes 00 seconds
east, a distance of 662.14 feet to the beginning of a tangent curve, concave southwesterly and
having a radius of 1200.00 feet; thence along the arc of said curve through a central angle of 21
degrees 57 minutes 52 seconds, an arc length of 460.02 feet to a point being the centerline
intersection of Saguaro Boulevard and Palisades Boulevard/Panorama Drive;
Thence following said centerline of Panorama Drive south 69 degrees 21 minutes 52 seconds east,
a distance of 135.30 feet to the beginning of a tangent curve, concave southerly and having a
radius of 349.98 feet; thence along the arc of said curve through a central angle of 40 degrees 17
minutes 04 seconds, an arc length of 246.07 feet;
Thence south 29 degrees 05 minutes 00 seconds east, a distance of 281.77 feet to the beginning
of a tangent curve, concave northeasterly and having a radius of 350.00 feet; thence along the arc
of said curve through a central angle of 20 degrees 05 minute 00 seconds, an arc length of 122.68
feet;
Thence south 49 degrees 10 minutes 00 seconds east, a distance of 597.70 feet to the beginning
of a tangent curve, concave northeasterly and having a radius of 350.00 feet; thence along the arc
of said curve through a central angle of 25 degrees 10 minutes 18 seconds, an arc length of
153.77 feet;
Thence south 74 degrees 20 minutes 18 seconds east, a distance of 136.69 feet to the beginning
of a tangent curve, concave southwesterly and having a radius of 500.00 feet; thence along the arc
Page 1 of 1
of said curve through a central angle of 67 degrees 50 minutes 19 seconds, an arc length of
591.99 feet;
Thence south 6 degrees 29 minutes 58 seconds east, a distance of 404.84 feet to the beginning of
a tangent curve, concave northwesterly and having a radius of 399.98 feet; thence along the arc of
said curve through a central angle of 29 degrees 15 minutes 00 seconds, an arc length of 204.20
feet to a point being the centerline intersection of Panorama Drive and El Lago Boulevard;
Thence following said centerline of El Lago Boulevard north 67 degrees 15 minutes 06 seconds
west, a distance of 62.00 feet to the beginning of a tangent curve, concave southeasterly and
having a radius of 272.01 feet; thence along the arc of said curve through a central angle of 68
degrees 54 minutes 48 seconds, an arc length of 327.17 feet;
Thence south 43 degrees 50 minutes 00 seconds west, a distance of 340.76 feet to the beginning
of a tangent curve, concave northerly and having a radius of 250.00 feet; thence along the arc of
said curve through a central angle of 80 degrees 25 minutes 00 seconds, an arc length of 350.88
feet;
Thence north 55 degrees 45 minutes 00 seconds west, a distance of 137.00 feet to the beginning
of tangent curve, concave southwesterly and having a radius of 300.00 feet; thence along the arc
of said curve through a central angle of 22 degrees 35 minutes 00 seconds, an arc length of
118.25 feet;
Thence north 78 degrees 20 minutes 00seconds west, a distance of 303.80 feet to the beginning of
a tangent curve, concave southerly and having a radius of 350.00 feet; thence along the arc of
said curve through a central angle of 26 degrees 50 minutes 00 seconds, an arc length of 163.92
feet;
Thence south 74 degrees 50 minutes 00 seconds west, a distance of 481.17 feet to the beginning
of a tangent curve, concave northwesterly and having a radius of 500.00 feet; thence along the arc
of said curve through a central angle of 20 degrees 21 minutes 57 seconds, an arc length of
177.73 feet;
Thence north 84 degrees 48 minutes 03 seconds west, a distance of 540.44 feet to the beginning
of a tangent curve, concave northerly and having a radius of 500.00 feet; thence along the arc of
said curve through a central angle of 15 degrees 26 minutes 11 seconds, an arc length of 134.71
feet;
Thence north 69 degrees 21 minutes 52 seconds west, a distance of 1607.16 feet to the beginning
of a tangent curve, concave northeasterly and having a radius of 1000.00 feet; thence along the
arc of said curve through a central angle of 18 degrees 56 minutes 12 seconds, an arc length of
330.51 feet
Thence north 50 degrees 25 minutes 40 seconds west, a distance of 292.04 feet;
Thence leaving said centerline of El Lago Boulevard north 20 degrees 38 minutes 08 seconds east,
a distance of 615.10 feet;
Thence south 69 degrees 21 minutes 52 seconds east, a distance of 24.75 feet;
Thence north 20 degrees 38 minutes 08 seconds east, a distance of 520.29 feet to the beginning of
a non-tangent curve, concave northerly and having a radius of 1200.00 feet, said point being on
the centerline of Avenue of the Fountains; thence along said centerline of Avenue of the
Fountains, the arc of said curve through a central angle of 18 degrees 26 minutes 21 seconds, an
Page 2 of 2
Page 3 of 3
arc length of 386.19 feet to a point being the centerline intersection of Avenue of the Fountains
and Westby Drive;
Thence along said centerline of Westby Drive north 40 degrees 18 minutes 05 seconds east, a
distance of 55.00 feet to the beginning of a tangent curve, concave westerly and having a radius of
400.00 feet; thence along the arc of said curve through a central angle of 19 degrees 39 minutes
57 seconds, an arc length of 137.29 feet;
Thence north 20 degrees 38 minutes 08 seconds east, a distance of 1040.49 feet to a point being
the centerline intersection of Westby Drive and Palisades Boulevard, the TRUE POINT OF
BEGINNING.
This parcel contains an area of 11,548,226.25 square feet or 265.11 acres more or less.
EXHIBIT B
TO
RESOLUTION NO. 2009-40
[Downtown Area Specific Plan]
See following pages.
The Town of Fountain Hills
Downtown Area Specific Plan
Adopted
December 17, 2009
This Downtown Area Specific Plan is a direct descendant of the Downtown Vision
Plan prepared by Swaback Partners in cooperation with the Fountain Hills Chamber
of Commerce and the Town of Fountain Hills.
The Town of Fountain Hills
Downtown Area Specific Plan
RESOLUTION NO. 2009-40
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA,
APPROVING THE DOWNTOWN FOUNTAIN HILLS AREA SPECIFIC PLAN.
WHEREAS, on September 17, 2009, the Mayor and Council of the Town of Fountain Hills (the “Town
Council”) approved the Downtown Fountain Hills Vision Plan (the “Downtown Vision Plan”); and
WHEREAS, the Town Council desires to adopt the Downtown Vision Plan as an Area Specific Plan as
provided in ARIZ. REV. STAT. § 9-461.09, as amended, to be known as the “Downtown Fountain Hills Area
Specific Plan” (the “Area Specific Plan”); and
WHEREAS, the proposed Area Specific Plan provides for appropriate land uses for the downtown area;
and
WHEREAS, the proposed Area Specific Plan satisfactorily addresses the issues of traffic circulation, ad-
equacy of public utilities, transition to existing development, economic development, the preservation of open
space and all of the elements of the Town’s adopted General Plan; and
WHEREAS, notice of the public hearings on the proposed Area Specific Plan before the Planning and
Zoning Commission (the “Commission”) was provided in the Fountain Hills Times on November 4, 2009 and
November 11, 2009; and
WHEREAS, notice of the public hearings on the proposed Area Specific Plan before the Town Council was
provided in the Fountain Hills Times on November 18, 2009; and
WHEREAS, public hearings on the Area Specific Plan were held by the Commission on November 30,
2009 and December 10, 2009, and by the Town Council on December 17, 2009.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUN-
TAIN HILLS as follows:
SECTION 1. The Area Specific Plan contained in file ASP2009-01, including narrative text that clarifies
and supports modifications in land use and changes to the area shown on the Land Use Map, as described in
Exhibits A and B, attached hereto and incorporated herein by reference, is hereby adopted.
SECTION 2. If any provision of this Resolution is for any reason held by any court of competent jurisdic-
tion 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 Resolu-
tion.
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SWOT AnalysisStrengths• Scenic beauty• Icon of “The Fountain”• Outdoor recreational offerings• Small town appeal• Native American & southwest cultures•Superb golf opportunitiesWeaknesses• Community dispersion• Lacking desired depth of retail and restaurants• Perception of being “Far Away”• Difficult pedestrian access• Town Center has unclear ultimate orientation• Lack of current image/brand2
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The Downtown Fountain Hills Vision Plan / Area Specific Plan is the product of months of research, staff reviews, Town Council reviews, focus groups, and public forums. Theresulting vision plan that is now being proposed takes a comprehensive look at the entire downtown area and outlines a number of possible scenarios for both it's current and long-range development, vitality, and sustainability.The Downtown Vision Plan /Area Specific Plan has been designed with the aim of developing a flexible and pro-active framework in which the Town can work on its own, or withfuture developers to create comprehensive design concepts that provide district themes, opportunities for events, environmental sensitivity, safe pedestrian and vehicular circulation,and recommended ordinance amendments.Nine districts are fully outlined in the Area Specific Plan and described briefly below:The Business District -This will be the center of downtown commerce that promotes entrepreneurship through a variety of commerce related opportunities and businessrelated uses.TheAvenue District -The core of the downtown with a comfortable atmosphere for strolling, sight-seeing and shopping. This district will evolve into a premiershopping destination for residents and a must-visit magnet for visitors.The South End District -Envisioned as a mixed-use downtown residential neighborhood that is complimented with small neighbor-hood-oriented commercial, second storyoffices, and specialty shops. This district will contain a "village square" that will provide the downtown with a prominent park.The Residential District -This district is currently developed as condominiums and is a vital component in providing an infusion of people into the downtown area andenhancing the vitality and quality of the downtown experience.TheWest Side District -A true mixed-use district where residential infill as well as retail, offices, and services will be encouraged. This is also a possible location for afuture large entertainment anchor.The Civic District -The current home of the Town Hall, Community Center, Library, and Museum. This district will be enhanced with future additional artwork andpossibly infill development such as a community pool or similar uses that will enhance the quality of life for the town residents and visitors.The Service District -This is an existing commercial area and the current location of Fountain Hills Plaza (aka Basha's Plaza). Community oriented businesses in thisarea will be maintained as an important component of the downtown and the community as a whole.The Lakeside District -Provides a dynamic transformation of a portion of the existing Fountain Park. This district will become a unique, amenity-oriented open spaceenvironment with a prominent performance venue and the possibility of some specialty retail shops, café's, and other appropriately sized busi-nesses.The Park District -The majority of Fountain Park will remain as it is. Potential improvements include more trees, decorative park lighting, seating areas, signage, andpark furnishings. The park will remain as a primarily passive recreational area.Each district will have its own unique character and yet each district will also blend harmoniously with the other downtown districts to create the "Downtown Vision". The DowntownVision gives the Fountain Hills downtown it's unique character and appeal while providing for an invigorated business climate as well as an increased quality of life for the townresidents and visitors.7
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Business District:The Business District is envisioned as the center of commerce for Fountain
Hills. The Business District is a place to promote entrepreneurship through a variety of commerce
related opportunities. Business oriented uses may range in size, shape and character from small-
scale office suites to stand-alone office buildings. Service oriented commercial uses may also be
a major component of the Business District that can complement the overall downtown. The
Business District is also suitable for more traditional retail and service uses that may not as
appropriate in other districts.
While generous shaded store front sidewalks will not be a mandate in this district; safe, attractive
and functional pedestrian connections should be put in place in order to connect the Business
District with all other parts of the downtown. It will be critical to provide clear and easily acces-
sible areas for both on-street parking and off-street parking lots. Special attention should be
given to the treatment of parking areas including attractive landscape buffers and covered park-
ing where appropriate. Future consideration should also be given to the incorporation of a central
parking structure that may serve the Business District as well as other areas of downtown.
Creative opportunities for redevelopment of existing parcels should be considered with future
mixed-use environments that may include live-work scenarios. Short-term initiatives should be
considered for improving the visual character of vacant lots with landscape treatments.
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The Avenue District:The Avenue District is envisioned as the core of the downtown
with a wonderful and comfortable atmosphere for strolling, sight-seeing and shopping. This cor-
ridor is designed to evolve into Fountain Hills’ premier shopping destination for residents and a
“must-see” magnet for visitors. A variety of unique eating experiences that reinforce the one-of-
a-kind nature of Fountain Hills is intended to compliment the range of specialty shops and bou-
tique stores. These restaurants will be of a quality that not only caters to local residents but also
attracts the attention of visitors and guests. The Avenue District is designed to accommodate a
degree of other uses including second story office space, condominiums and small-scale busi-
nesses along with limited neighborhood services. If designed appropriately, a small percentage of
brownstone style housing could be integrated into The Avenue District. Traffic calming measures
such as crosswalks, additional on-street parking, and narrower travel lanes are planned to provide
easy and safe access to all areas of the downtown for both vehicles and pedestrians.
Special attention should be given to creating sidewalks with an abundance of shade. Sidewalk
design should allow for generous space for seating as well as storefront “presentations”. Outdoor
sidewalk cafés and dining will be highly encouraged.
On-street parking needs to be convenient and balanced with a real focus being placed on pedes-
trian activity. Access to parking lots should be efficient for patrons. Pedestrian portals to “inte-
rior” parking lots will be enhanced with appropriate architecture and design treatments that are
both attractive and safe.
Special attention should also be given to the architectural massing and specific treatment along
all intersections. Appropriately designed street scenes at intersections will bring building mass
and uses closer to the street corners. Placing parking behind the building frontages will also help.
The Avenue District character and quality should be expanded to include both sides of Verde
River Drive northeast of The Avenue of the Fountains. This linkage and treatment may be an-
chored by a specialty entertainment and retail component if future economic conditions warrant
greater density and intensity in the area. This entertainment component component may take the
form of a traditional multi-screen movie theatre, a specialty small-scale movie house, a perfor-
mance venue, or some other theatre use. These uses would likely require that a parking structure
be thoughtfully integrated into the overall design.
The central green mall will be enhanced with a better integration of updated fountain features and
amenities (Art Walk) as well as specialty small-scale retail uses that may take the form of en-
closed kiosks. Such features, along with improved sidewalk crossing environments will result in
a seamless transition from one side of the Avenue of the Fountains to the other. This connectivity
from The Avenue District to The Lakeside District is a most important consideration.
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South End District:The South End District is envisioned as a mixed-use downtown neigh-
borhood with a predominance of residential living opportunities. These residential uses should
be complimented by small-scale neighborhood oriented commercial, second story offices, and
other specialty shops and businesses. The Area Specific Plan calls for The South End District to
be anchored by an iconic village square that will provide a civic presence for the downtown and
a prominent park for neighboring residents.
Residential development is intended to incorporate an active street front with parking and ga-
rages strategically located to the rear of lots with access from alleys. The range of residential
products may include single-family detached homes, townhomes, brownstones, row homes, con-
dominiums and apartments. The fabric of the neighborhood should be complimented with small
streets, comfortable sidewalks, generous street trees for shade, on-street parking, and pocket
parks that provide strategic open space for adjacent development.
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Residential District - The Residential District is on the west side of La Montana Dr. This district
is currently fully developed with multi-family dwellings. The Residential District provides a
population base for the downtown area.
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West Side District:The currently vacant West Side District is envisioned as a true mixed-
use environment that compliments the range of activities throughout the downtown. Residential
infill as well as retail, business and service uses will be encouraged. Because of its location at the
western “end” of the Avenue of the Fountains, a future possible consideration may be for an
entertainment anchor.
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Civic / Cultural District:The existing character and quality of the Civic / Cultural District
should be enhanced with future infill development that expands overall quality of life opportuni-
ties for the residents of Fountain Hills. In addition, any opportunity to expand access and acclaim
to the Art Circle and public art collection in and around the district is highly encouraged. The
strategy for an art walk could be creatively connected with The Avenue District and the variety of
planned design themes.
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Service District:The existing community/neighborhood-oriented service businesses found in
the existing shopping center should be maintained as an important component serving downtown
and the community. Better opportunities will be considered for providing safe and attractive
pedestrian connectivity to the market. Special consideration needs to be given to appropriate
buffering and access related to any future development opportunities at the adjacent West Side
District.
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The Lakeside District:The Lakeside District provides a dynamic vision for the transfor-
mation of a small portion of Fountain Park into a unique amenity-oriented open space environ-
ment with a prominent performance venue and a range of potential uses including specialty retail
shops, lakeside cafes and other appropriately sized businesses. Parking will be thoughtfully inte-
grated into the design of this district. The “garden terrace” amphitheatre and “great lawn” envi-
sioned for the venue will provide a beautiful setting that works well for both large and small
groups. The vision also suggests a possible location for a future welcome center to greet visitors.
The potential center’s strategic location, close to the intersection of Saguaro Boulevard and The
Avenue of the Fountains, will allow for easy accessibility to downtown maps and other informa-
tion about Fountain Hills. The organization of The Lakeside District provides a framework for
creating a key connection from The Avenue of the Fountains to Fountain Park. Proposed im-
provements along Saguaro Boulevard should consider on-street parking, improved and expanded
sidewalks, and a limited amount of street-front development to re-enforce the pedestrian connec-
tivity throughout the downtown.
The Lakeside District is conceived to offer an abundance of shade so that the area can be utilized
year round. Building orientation, design, covered patios, shade structures and trees should all be
carefully incorporated to provide comfort from the desert sun. The proposed “1,000 Tree Pro-
gram” for downtown should be incorporated into both The Lakeside District and The Park Dis-
trict. Other special features to consider in the future may include an “Art Park” component for
sculpture, a waterside dock for small boating access, and other unique activities.
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Park District:The majority of Fountain Park is anticipated to remain in its current form
including the range of passive uses that already exist. In addition, more shade structures and tree
planting (1,000 Tree Program) should be incorporated to provide relief from the harsh summer
desert exposure. Additional future improvements to consider are; site lighting, signage, seating
areas, park furnishings and the treatment of the lake.
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