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HomeMy WebLinkAbout3-3-05Document in 3-3-05.obd Page 1 of 3 Last printed 2/25/2005 3:45 PM NOTICE OF REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Wally Nichols Councilman Mike Archambault Councilman Keith McMahan Councilman John Kavanagh Vice Mayor Kathleen Nicola Councilman Ed Kehe Councilman Jay Schlum DATE: THURSDAY, MARCH 3, 2005 TIME: 6:30 P.M. REGULAR SESSION WHERE: TOWN HALL COUNCIL CHAMBERS, BUILDING B 16836 E. PALISADES BLVD., 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 Council Members. 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. • CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols • INVOCATION – Pastor Jim Fitz, Fountain Hills Community Church • ROLL CALL – Mayor Nichols Document in 3-3-05.obd Page 2 of 3 Last printed 2/25/2005 3:45 PM • SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS – (i) Recognition of Loving Family Dental and Majestic Coatings for their contributions to the Town of Fountain Hills’ “St. Patrick’s Day Celebration” on Thursday, March 17, 2005, and (ii) Recognition of Goyena Team – MCO Realty, Inc. for their contribution to the Town of Fountain Hills’ “Eggstravaganza” on Saturday, March 19, 2005, and (iii) Proclamation recognizing the Fountain Hills High School Boys Basket Ball team’s participation in the state 3A championship finals. 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 property noticed for discussion and legal action. At the conclusion of the call to the public, individual Council members 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 February 8th and 17th, 2005. *2.) CONSIDERATION of RESOLUTION 2005-16, abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements, located at the northerly property lines of Plat 602D, Block 2, Lot 57 (15318 E. Thistle Drive) as recorded in Book 166 of Maps, page 34, Records of Maricopa County, Arizona. EA05-02 (Jackson). *3.) CONSIDERATION of RESOLUTION 2005-17, abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements, located at the southerly and westerly property lines of Plat 505B, Block 1, Lot 14 (15715 E. Cervantes Court) as recorded in Book 158 OF Maps, Page 43, Records of Maricopa County, Arizona. EA05-03 (Hargett). *4.) CONSIDERATION of the EXTENSION OF PREMISE APPLICATION submitted by Anne Ort for Golf International, located at 10440 Indian Wells Drive. Golf International is requesting an 18’ x 36’ patio with a 3’ fence around it – maximum change in seating capacity to 24. *5.) CONSIDERATION of approving the LIQUOR LICENSE APPLICATION submitted by Lauren Kay Merrett for Mike’s at the Fountain, located at 16872 E. Avenue of the Fountains. The application is for a new Class 12 (restaurant) license. *6.) CONSIDERATION of RESOLUTION 2005-21, approving Intergovernmental Agreement #124-31-2005 between the Town of Fountain Hills and the Regional Public Transportation Authority, for the Transit Service Agreement for FY2004-05; and ratifying the Transit Service Agreement #12-31-2003 for the provision of public transportation services. *7.) CONSIDERATION of RESOLUTION 2005-13, approving an Intergovernmental Agreement with Maricopa County in the amount of $69, 595.28, to provide Special Transportation Services for FY2004-05. REGULAR AGENDA 8.) CONSIDERATION of a SPECIAL USE PERMIT for an outdoor exercise and play area for “Zusia’s Doggie Daycare and Salonspa” located at 16650 Palisades Boulevard, Suite #110, aka The Crossings at Fountain Hills, aka Lot 1, Block 3, Plat 102. Case #SU2005-01. 9.) PUBLIC HEARING on ORDINANCE 2005-01, a request to amend the Industrial Unit Plan of Development and IND-2 Zoning District for Firerock Centre, to allow a maximum 32’ building height for all lots currently restricted to 22’ maximum height. Case #Z2004-08. Document in 3-3-05.obd Page 3 of 3 Last printed 2/25/2005 3:45 PM 10.) CONSIDERATION of ORDINANCE 2005-01, a request to amend the Industrial Unit Plan of Development and IND-2 Zoning District for Firerock Centre, to allow a maximum 32’ building height for all lots currently restricted to 22’ maximum height. Case #Z2004-08. 11.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths and weaknesses and discuss possible improvements for future meetings. 12.) 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 13.) SUMMARY OF COUNCIL REQUESTS by Town Manager. 14.) ADJOURNMENT. DATED this 25th day of February, 2005. ___________________________ Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (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 PARKS & RECREATION DEPARTMENT INTER OFFICE MEMO TO: Mayor Nichols & Town Council DATE: February 23, 2005 FR: Bryan Hughes, Recreation Supervisor RE: Acknowledgment of Special Event Sponsors ST. PATRICK’S DAY & EGGSTRAVANZA CELEBRATIONS On behalf of myself, the members of the Town Council and Staff, and the residents of Fountain Hills, we wish to recognize the contribution of the sponsors of the 2005 St. Patrick’s Day Celebration at Fountain Park on March 17th and of the “Eggstravaganza” on March 19th at Golden Eagle Park. Since 2003, Loving Family Dental and Majestic Coatings have stepped forward to sponsor the dying of the Fountain green on St. Patrick’s Day, a tradition since the early 80’s. Thanks to Tim and Lisa Loving and Mike and Carol Martinez’s generosity, this Fountain Hills signature event will once again provide enjoyment for the many residents and visitors at the park on St. Patrick’s Day. Sponsorship by the Goyenas and MCO Realty has allowed the “Eggstravaganza”, another wonderful tradition in Fountain Hills, to continue. Many years ago volunteers distributed thousands of hard-boiled eggs at Fountain Park. For the past ten years, the event has been held at Golden Eagle Park and more than 12,000 plastic eggs stuffed with candy and toys and are collected by the children, an EGGS-citing time for both the children and their families each year. Our appreciation to Loving Family Dental, Majestic Coatings, the Goyena’s, and MCO Realty for their willingness to once again serve the community through the sponsorship of these unique Town events. Thank you. Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: March 3, 2005 Submitting Department: Administration Contact Person: Bender Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Draft Meeting Minutes Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Regular Agenda Wording: CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from February 8th and 17th, 2005. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Approve the council meeting minutes for archival purposes. List All Attachments as Follows: 2/8/05 and 217/05 Draft minutes Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager / Designee Document in 3-3-05.obd Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 3/3/05 Submitting Department: Public Works Contact Person: Tom Ward Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Finance Regular Agenda Wording: Consideration of RESOLUTION 2005-16 abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easement located at the northerly property line of Plat 602D, Block 2, Lot 57 (15318 E. Thistle Drive) as recorded in Book 166 of Maps, Page 34 Records of Maricopa County, Arizona. EA05-02 (Jackson) Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Request for abandonment submitted January 14, 2005. List All Attachments as Follows: Staff memo, resolution and abandonment exhibit Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager Document in 3-3-05.obd TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: January 27, 2005 FR: Art Candelaria, Civil Engineer Randy Harrel, Town Engineer Reviewed: Tom Ward, Director of Public Works RE: Easement Abandonment - EA05-02 15318 E. Thistle Drive Plat 602D, Block 2, Lot 57 This item on the Town Council's agenda is a proposal to abandon the ten foot public utility and drainage easement located at the northerly property line of Plat 602D, Block 2, Lot 57, (15318 E. Thistle Drive) as shown in Exhibit “A”. The property owners desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. All affected utility companies have been notified of this abandonment proposal and have approved the proposed abandonment of this public utility easement. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 57 are required to pass the developed flows generated by the upstream lots across their property. Staff recommends approval of Resolution 2005-16. Enc: Resolution Exhibit C: Roger & Lauraine Jackson Adjacent Property Owners Document in 3-3-05.obd RESOLUTION 2005-16 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE CERTAIN TEN (10’) FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT AT THE NORTHERLY PROPERTY LINE OF PLAT 602D, BLOCK 2, LOT 57, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 166 OF MAPS, PAGE 34 RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the governing body of real property located in the Town of Fountain Hills (the “Town”), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That portions of the certain ten (10’) foot public utility and drainage easement, located at the northerly property line of Plat 602D, Block 2, Lot 57, Fountain Hills, as recorded in Book 166 of Maps, Page 34 records of Maricopa County, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. [SIGNATURES ON FOLLOWING PAGE] Document in 3-3-05.obd PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, March 3, 2005. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: W. J. Nichols, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney Document in 3-3-05.obd Document in 3-3-05.obd Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 3/3/05 Submitting Department: Public Works Contact Person: Tom Ward Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Finance Regular Agenda Wording: Consideration of RESOLUTION 2005-17 abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easements located at the southerly and westerly property line of Plat 505B, Block 1, Lot 14 (15715 E. Cervantes Court) as recorded in Book 158 of Maps, Page 43 Records of Maricopa County, Arizona, with stipulations. EA05-03 (Hargett) Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Request for abandonment submitted January 20, 2005. List All Attachments as Follows: Staff memo, resolution and abandonment exhibit Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager Document in 3-3-05.obd TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: February 4, 2005 FR: Art Candelaria, Civil Engineer Randy Harrel, Town Engineer Reviewed: Tom Ward, Director of Public Works RE: Easement Abandonment - EA05-03 15715 E. Cervantes Court Plat 505B, Block 1, Lot 14 This item on the Town Council's agenda is a proposal to abandon portions of the public utility and drainage easements located at the southerly and westerly property line of Plat 505B, Block 1, Lot 14, (15715 E. Cervantes Court) as shown in Exhibit “A”. The property owners desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. All affected utility companies have been notified of this abandonment proposal and have approved the proposed abandonment of this public utility easement. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is a need for the Town to retain the 20’ drainage easement along the southerly property line to access the top bank of the wash. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 14 are required to pass the developed flows generated by the upstream lots across their property. Staff recommends approval of Resolution 2005-17, subject to the following stipulations: • Grant a 20’ wide drainage access easement to the Town (by separate instrument) along the east property line (including along the “flag pole” driveway). • The Town will retain the 20’ drainage easement along the southerly property line. (The Town will allow portion(s) of this retained drainage easement to be fenced, provided that a 10’ gate(s) and/or removable fence panel(s) are placed at both the easterly and westerly ends of the fenced portion of the drainage easement. And, provided that a 30’ length of the south property line remain open (as currently proposed by the homeowners), be gated, or have removable fence panels, to allow access into the wash.) • The Town will accept the minor existing encroachments into the 20’ drainage easement by the existing house and covered patio. The Town will also allow the proposed minor encroachment into the 20’ drainage easement by the swimming pool’s perimeter deck. (Note: The applicant has currently indicated that they intend to modify their existing fence permit to construct a steel “picket” fence along Hesperus Wash, and also to obtain a permit to construct a shallow swimming pool (play pool). If, instead, a masonry fence will be constructed along Hesperus Wash, it will need to be designed to prevent underscouring, and would need to have a drainage route through the gates or provide drainage opening fence blocks. If a deeper “diving” pool will instead be constructed, it would need to be designed with water surcharge loading from the wash.) Enc: Resolution Exhibit C: Chip & Kristin Hargett Adjacent Property Owners Document in 3-3-05.obd RESOLUTION 2005-17 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN PORTIONS OF THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS AT THE SOUTHERLY AND WESTERLY PROPERTY LINE OF PLAT 505B, BLOCK 1, LOT 14, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 158 OF MAPS, PAGE 43 RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the governing body of real property located in the Town of Fountain Hills (the “Town”), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That portions of the certain twenty (20’) foot public utility and drainage easement, located at the southerly and ten (10’) foot public utility and drainage easements along the westerly property line of Plat 505B, Block 1, Lot 14, Fountain Hills, as recorded in Book 158 of Maps, Page 43 records of Maricopa County, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. [SIGNATURES ON FOLLOWING PAGE] Document in 3-3-05.obd PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, March 3, 2005. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: W. J. Nichols, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney Document in 3-3-05.obd Document in 3-3-05.obd Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 3/3/05 Submitting Department: Public Works Contact Person: Tom Ward Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Regular Agenda Wording: Consideration of the extension of premise application submitted by Anne Ort for Golf International located at 10440 Indian Wells Drive. Golf International is requesting a permanent 600 square foot extension of the lounge. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: To obtain Council approval for the extension of premises submitted by Golf International. It received a favorable recommendation from the Sheriff's Office. At the manager's request in an attempt to reduce paper, full applications will not be reproduced for the packets. The front page will be included for representative purposes and the full application is available for review in the clerk's office. List All Attachments as Follows: Staff memo; Sheriff Office memo; application front page Type(s) of Presentation: Consent Agenda Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager / Designee Document in 3-3-05.obd TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: February 15, 2005 FR: Tom Ward, Director of Public Works RE: Golf International, Inc. Extension of Premise Anne Ort has requested an extension of premise permit for Golf International, Inc. located at 10440 E. Indian Wells Drive. The request is to permanently extend the premises by 600 square feet. The applicant is an Arizona resident with no wants or warrants and there is a current Fountain Hills business license on file. Public Works and the Maricopa County Sheriff's Office have reviewed the application and recommend approval by the Council. Document in 3-3-05.obd Document in 3-3-05.obd Document in 3-3-05.obd Page 1 of 4 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 3/3/05 Submitting Department: Public Works Contact Person: Tom Ward Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Finance Regular Agenda Wording: Consideration of the liquor license application submitted by JH Les Investment for Mike's at the Fountain located at 16872 Avenue of the Fountains. The application is for a Class 12 license. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: To obtain Council approval for a new Class 12 (restaurant) liquor license. The application complies with statutory and liquor license regulations and it received a favorable recommendation from the Maricopa County Sheriff's Office based on a background investigation. At the manager's request in an attempt to reduce paper, full applications will not be reproduced for the packets. The front page will be included for representative purposes and the full application is available for review in the clerk's office. List All Attachments as Follows: Ward memo, Sheriff's memo, application front page Type(s) of Presentation: Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager Document in 3-3-05.obd Page 2 of 4 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: February 15, 2005 FR: Tom Ward Director of Public Works RE: Mike’s at the Fountain Liquor License Application JH Les Investment is requesting Council approval of a new Class 12 liquor license for Mike’s at the Fountain located at 16872 Avenue of the Fountains. A Class 12 license is for restaurant use only. Statute requires that 40% of the business establishment be devoted to serving food and that liquor sales be incidental to the food service. Public Works and the Maricopa County Sheriff’s Office have reviewed the application. It meets the statutory requirements for a Class 12 liquor license. The applicants are Arizona residents with no outstanding wants or warrants. The applicants have applied for and received a Fountain Hills business license. Based on statutory compliance and a favorable recommendation from the Sheriff’s Office, staff recommends approval. bb Document in 3-3-05.obd Page 3 of 4 Document in 3-3-05.obd Page 4 of 4 Document in 3-3-05.obd Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 3/03/05 Submitting Department: Admin Contact Person: Julie Ghetti Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Finance Regular Agenda Wording: CONSIDERATION of RESOLUTION 2005-21, approving Intergovernmental Agreement #124-31-2005 between the Town of Fountain Hills and the Regional Public Transportation Authority, for the Transit Service Agreement for FY2004-05; and ratifying the Transit Service Agreement #12-31-2003 for the provision of public transportation services. Staff Recommendation: Approve Fiscal Impact: Yes $5,046 Purpose of Item and Background Information: The Town of Fountain Hills entered into an Intergovernmental Agreement (IGA) with the Regional Public Transportation Authority (RPTA) to provide public transit services between the Town and the downtown Phoenix (Route 512). The IGA requires that the Town pay the RPTA, in accordance with Schedule B, for a share of expenses incurred by the RPTA in the operation of bus route 512 as requested by the Town (copy of Schedule B attached). The attached Intergovernmental Agreement Amendment, Contract #124-31-2005, authorized payment of $5,046 to RPTA for the fiscal year 2004-05 services. List All Attachments as Follows: Intergovernmental Agreement Amendment Contract #124-31-2005, Schedule B, Route 512 – Scottsdale Map. Type(s) of Presentation: Oral Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager / Designee Document in 3-3-05.obd TOWN OF FOUNTAIN HILLS FINANCE DEPARTMENT INTER OFFICE MEMO TO: Honorable Mayor and Town Council DT: February 25, 2005 THROUGH: Timothy Pickering, Town Manager FR: Julie A. Ghetti, MPA,CPA,CGFM RE: Resolution 2005-21, IGA with RPTA In 2003 the Town of Fountain Hills entered into an Intergovernmental Agreement (IGA) with the Regional Public Transportation Authority (RPTA) to provide public transit services between the Town and downtown Phoenix (Route 512) five days a week (Monday through Friday). The buses that provide the service currently park in the parking lot adjacent to Town Hall (RPTA has been notified that the parking lot will no longer be available after July 1, 2005). The IGA requires that the Town “shall pay the RPTA, in accordance with Schedule B, for a share of expenses incurred by the RPTA in the operation of bus route 512 as requested by the Town” (copy of Schedule B attached). The attached Intergovernmental Agreement Amendment, Contract #124-31-2005, authorizes payment of $5,046 to RPTA for the fiscal year 2004-05 service. The term of the IGA is July, 2002 through June, 2005; a revised IGA for the next five year period will be presented to the Council for consideration during the FY05-06 budget process. At this time the IGA has not been provided to the Town. Funding for the RPTA transit program will be through the Highway User Revenue Fund (HURF) and LTAF (Local Transportation Assistance Fund) as it is transit related. Attachs Document in 3-3-05.obd RESOLUTION NO. 2005-21 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AUTHORIZING AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH THE REGIONAL PUBLIC TRANSPORTATION AUTHORITY FOR BUS TRANSIT SERVICE. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the amendment (the “Amendment”) to the Intergovernmental Agreement between the Town of Fountain Hills and the Regional Public Transportation Authority for bus transit service is hereby approved in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to cause the execution of the Amendment. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, March 3, 2005. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: W. J. Nichols, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney Document in 3-3-05.obd Document in 3-3-05.obd Document in 3-3-05.obd 9196.001\. . . \STS.res.doc 2.9.2005-1 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 3/03/05 Submitting Department: Admin Contact Person: Julie Ghetti Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Finance Regular Agenda Wording: CONSIDERATION of RESOLUTION 2005-13, approving an Intergovernmental Agreement with Maricopa County in the amount of $69,595.28, to provide Special Transportation Services for FY2004-05. Staff Recommendation: Approve Fiscal Impact: Yes $69,595.28 Purpose of Item and Background Information: The Maricopa County Human Services Department, Special Transportation Services (STS) division has provided two transportation service programs for residents of Fountain Hills since 1998 through an Intergovernmental Agreement (IGA) and funded by the Town of Fountain Hills. The agreement provides for a special needs program and a shuttle services program. .The IGA includes both programs at a total cost of $69,595.28. The funding for these programs will be from a grant from the Local Transportation Assistance Fund (LTAF II) or Powerball proceeds, which requires a matching general fund subsidy of 25% ($17,400) and to be used for transit purposes. The LTAF II funds are dependent upon Powerball sales and may not be available in the future; in that event the total cost of the programs would have to come from the general fund. List All Attachments as Follows: Interoffice Memorandum, IGA, Resolution 2005-13. Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager / Designee 9196.001\. . . \STS.res.doc 2.9.2005-1 TOWN OF FOUNTAIN HILLS FINANCE DEPARTMENT INTER OFFICE MEMO TO: Honorable Mayor and Town Council DT: February 25, 2005 THROUGH: Timothy Pickering, Town Manager FR: Julie A. Ghetti, MPA,CPA,CGFM RE: Resolution 2005-13, IGA with RPTA Maricopa County Human Services Department, Special Transportation Services (STS) division has provided two transportation service programs for residents of Fountain Hills since 1998 through an Intergovernmental Agreement (IGA) and funded by the Town of Fountain Hills. The agreement provides for a special needs program and a shuttle services program. The special needs program provides free assisted door-to-door transportation to qualified (low- income, elderly and/or disabled) citizens for medical/dialysis appointments, social service trips, shopping, personal errands, employment and adult day care free of charge. Riders are screened for eligibility by Maricopa County and, if qualified, are added to the route. The FY2004-05 cost to the Town is $26,567.90. The shuttle services program is a local transit service route that is available to any resident of Fountain Hills free of charge. The shuttle makes six loops around the town originating at the Community Center at 6:55 a.m. and making various stops within the community. The shuttle also makes two trips daily to Mayo Clinic, first thing in the morning and last trip in the evening, for riders to make connections to valley-wide transit. There are no eligibility requirements to ride the shuttle, it is available to anyone as long as they are standing at a designated stop. The FY2004-05 cost to the Town is $64,264. The IGA includes both programs at a total cost of $69,595.28. The funding for these programs will be from a grant from the Local Transportation Assistance Fund (LTAF II) or Powerball proceeds, which requires a matching general fund subsidy of 25% ($17,400) and to be used for transit purposes. The LTAF II funds are dependent upon Powerball sales and may not be available in the future; in that event the total cost of the programs would have to come from the general fund. Staff recommends approval of the IGA for special transportation services for the Fiscal-Year 2004-05. Future funding of this program will be considered during the Fiscal-Year 2005-06 budget discussions. 9196.001\. . . \STS.res.doc 2.9.2005-1 RESOLUTION NO. 2005-13 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FOR SPECIAL TRANSPORTATION SERVICES. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Intergovernmental Agreement between the Town of Fountain Hills and Maricopa County relating to a special transportation service program which provides limited transportation to the Mayo Clinic (the “Agreement”) is hereby approved in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to cause the execution of the Agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, March 3, 2005. W. J. Nichols, Mayor ATTEST: Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney 9196.001\. . . \STS.res.doc 2.9.2005-1 9196.001\. . . \STS.res.doc 2.9.2005-1 9196.001\. . . \STS.res.doc 2.9.2005-1 9196.001\. . . \STS.res.doc 2.9.2005-1 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 03/03/05 Submitting Department: Public Works Contact Person: Kate Zanon, Planner Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Regular Agenda Wording: CONSIDERATION of a SPECIAL USE PERMIT for an outdoor exercise and play area for, “Zusia’s Doggie Daycare and Salonspa,” located at 16650 Palisades Blvd., Suite #110, aka The Crossings at Fountain Hills, aka Lot 1, Block 3, Plat 102. Case #SU2005-01. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: This agenda item is a request for a Special Use Permit to allow an outdoor exercise and play area in connection with a dog daycare business called, "Zusia’s Doggie Daycare and Salonspa." On Februaruy 10, 2005, the Planning and Zoning Commission recommended denial of SU2005-01. Please see the attached memorandum for additional details. List All Attachments as Follows: Staff Report Memorandum, February 10, 2005 Planning and Zoning Commission Meeting Minutes, Application, Applicant Narrative, Site Plan Reduction. Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager / Designee Zusia’s Doggie Daycare and Salonspa SUP Case Number SU2005-01 Page 2 of 8 TOWN OF FOUNTAIN HILLS PLANNING AND ZONING STAFF REPORT TO: Mayor and Town Council MTG DT: March 3, 2005 FR: Kate Zanon, Planner THR: Richard Turner, AICP Planning and Zoning Administrator RE: Special Use Permit to allow an Outdoor Exercise and Play Area at 16650 Palisades Blvd. Suite #110. Case #SU2005-01 LOCATION: 16650 Palisades Blvd., Suite #110, aka The Crossings at Fountain Hills, aka Plat 102, Block 3, Lot 1. REQUEST: This request is for a Special Use Permit to allow an outdoor exercise and play area in connection with a dog daycare business called, Zusia’s Doggie Daycare and Salonspa. DESCRIPTION: APPLICANT: Zusia’s Doggie Daycare and Salonspa OWNER: Suzanne Patterson EXISTING ZONING: "C-2" EXISTING CONDITION: Former Montessori School Play Area SURROUNDING LAND USES AND ZONING: NORTH: San Lorain Condos; zoned “R-3” SOUTH: Fountain Hills Plaza (Basha’s Shopping Plaza); zoned “C-2” EAST: La Montana Crossing Condos; zoned “R-3” WEST: Single-Family Home; zoned “R-3” SUMMARY: The applicant is opening a doggie daycare and salonspa business and is requesting partial use of the existing outdoor play area. The daycare facility will include two indoor playrooms where the dogs will spend the majority of the day. Use of the outdoor area will be for exercising the dogs in three supervised group rotations, twice a day. The yard will only be used between 9:00am and 5:00pm for approximately 6 hours in that time frame (3 hours in the morning and 3 hours in the afternoon). There will be no over night boarding at the facility and the yard will not be used for kenneling. Supervisors will be with the dogs at all times to control noise, for safety and to prevent the dogs from using the play area as a potty yard. Strong measures will be taken to avoid accidents and if an accident does occur it will be removed, and the area cleaned and sanitized. At present, the 8,046 square foot outdoor play area in the Crossings at Fountain Hills is not in use. The area was intended as an outdoor activity area for a Montessori school. The size of the proposed Zusia’s Doggie Daycare and Salonspa SUP Case Number SU2005-01 Page 3 of 8 dog outdoor area is 2,275 square feet, which is less than one third of the existing play yard. The existing condition of the area in question includes some grassed areas a gravel path, and some desert landscaping. No new structures are being proposed on the site. Improvements include the construction of a fence to separate the dog portion of the play yard from the remaining play yard and additional screening along the east side of the outdoor area. EVALUATION: The Zoning Ordinance states that a veterinary hospital or clinic for animals is allowed in a C-2 zoning district, with no outdoor facilities. In a C-2 zoning district both indoor and outdoor kennels require a special use permit. While the applicant is not intending the yard for kenneling, the ordinance does clearly specify no outdoor facilities allowed without a special use permit. The Zoning Ordinance also states that a childcare facility is allowed in a C-2 zoning district with no extra provision for an outdoor play yard. It is the determination of Staff that the applicant’s business is consistent with the allowed uses in a C-2 zoning district and that an outdoor exercise and play area is also a consistent use in a C-2 zoning district with a special use permit. The property where the Crossings at Fountain Hills exists today, was rezoned in 1999, as GPA99-02. This General Plan Amendment was passed by unanimous Town Council approval on October 21, 1999. The Zoning for this property was changed from R-3 (Multi-Family Residential) to C-2 (Intermediate Commercial Zoning). With the General Plan Amendment, a Planned Unit of Development was also created for this site as Z99-15. The purpose for the Planned Unit of Development was to have increased architectural controls and sensitivity to the abutting residential properties. This Zoning change was passed by a unanimous Town Council approval October 21, 1999. Construction of the Crossings at Fountain Hills took place in 2000, and the play yard was planned and constructed under the original permit BP2000-420. La Montana Crossing Condominiums (to the east) received a Certificate of Occupancy under BP2002-370 in June of 2003. Thus, the outdoor play area existed at the time the La Montana Crossing Condominiums was constructed. Although the user of the yard is changing, the use of a play yard as an accessory to the business(es) at the Crossings of Fountain Hills is not new and has been in place for the past five years. Current use of the outdoor area as an exercise and play yard is compatible with past use and compliments a doggie daycare facility. This application is in conformance with the intent of the underlying zoning designation and meets all applicable provisions within the Town of Fountain Hills Zoning Ordinance and the Planned Unit of Development Case #Z99-15. No public objection of this Special Use Permit was received in writing. Public objection was voiced at the February 10, 2005 Planning and Zoning Commission meeting. The objections centered on concern over noise, odor and view of the play yard. Zusia’s Doggie Daycare and Salonspa SUP Case Number SU2005-01 Page 4 of 8 RECOMMENDATION: The Planning & Zoning Commission recommended denial of a Special Use Permit to allow an Outdoor Exercise and Play Area at 16650 Palisades Blvd. Suite #110, at the February 10, 2005 meeting by a 7-0 vote. See attached meeting minutes. Staff recommends approval of SU2005-01, a Special Use Permit to allow an Outdoor Exercise and Play Area at 16650 Palisades Blvd. Suite #110 with the following stipulations: 1. The applicant will provide screening on the east side of the outdoor play yard to shield the use from the abutting multi-family residential complex. The applicant can add landscaping along the wrought iron fencing such as a vine type plant or hedge and/or build a solid wall offset from the existing wall in accordance with Zoning Ordinance regulations. The applicant will submit a plan to the Town for approval including any necessary grading and drainage changes prior to issuing the permit. 2. If the hours of use for the play yard change, at minimum, the same hours allowed for construction noise under Article 7-6 of the Town Code, must be maintained. Zusia’s Doggie Daycare and Salonspa SUP Case Number SU2005-01 Page 5 of 8 TOWN OF FOUNTAIN HILLS MINUTES OF A REGULAR MEETING OF THE PLANNING & ZONING COMMISSION FEBRUARY 10, 2005 A public meeting of the Fountain Hills Planning & Zoning Commission was convened and called to order by Chairman Michael Downes at 6:30 p.m. February 10 2005, in the Town Hall Council Chambers located at 16834 E. Palisades Boulevard, Building B, Fountain Hills, AZ. AGENDA ITEM #6 CONSIDERATION OF A SPECIAL USE PERMIT, FOR AN OUTDOOR EXERCISE AND PLAY AREA FOR “ZUSIA’S DOGGIE DAYCARE AND SALON SPA” LOCATED AT 16650 PALISADES BOULEVARD, SUITE 110, AKA THE CROSSINGS AT FOUNTAIN HILLS, AKA, LOT 1, BLOCK 3, PLAT 102. CASE NUMBER 2005-01. Kate Zanon gave the presentation and included a PowerPoint presentation. Staff recommended approval with the following stipulations: • The applicant will provide screening on the east side of the outdoor play yard to shield the use from the abutting multi-family residential complex. The applicant can add landscaping along the wrought iron fencing such as a vine type plant or hedge or build a solid wall offset from the existing wall in accordance with Zoning Ordinance regulations. The applicant will submit a plan to the Town for approval including any necessary grading and drainage changes prior to issuing the permit. • If the hours of use for the play yard change, at minimum the same hours allowed for construction noise under Article 7-6 of the Town Code, must be maintained. Commissioner Caldwell questioned the fencing area. Ms. Zanon answered that the cedar slats will be for the separation of the fencing and the play area. Commissioner Caldwell asked Ms. Zanon if she had received any complaints from the east side of the condominium. Ms. Zanon stated she received nothing in writing but has had conversations with the president of the homeowners’ association and the biggest concern was the drainage coming off the property. Ms. Zanon also had a meeting with the commercial property owner of the Crossing and representative from the mult-family project and was trying to resolve the drainage concerns. Suzanne Patterson 17325 E. Calaveras Avenue, applicant, spoke in favor of the special use permit request. Ms. Patterson passed out a handout (attachment “A”) explaining the proposed use of the play yard area, daycare and salonspa daily schedule of dog groups (Monday-Friday 7 a.m. – 6 p.m.) Arlon Sieve, 16734 La Montana President of the La Montana HOA representing 30 people. Mr. Sieve spoke against the approval. Zusia’s Doggie Daycare and Salonspa SUP Case Number SU2005-01 Page 6 of 8 Chairman Downes asked Mr. Sieve if there are windows located on the south side of the buildings facing the salonspa. Mr. Sieve answered that there were windows and several patios. Chairman Downes asked for confirmation of an existing 6’ retaining wall exists with wrought iron. Karen Downs, 16734 La Montana, representing 3 people, spoke against. Steven Smith, 16734 La Montana, representing 2 people, spoke against. Dianne Olson, 16734 E. La Montana Drive, spoke against. Nancy Souter, 16734 E. La Montana Drive, wrote she was against. Commissioner Forest asked where the dogs would be relieved if the play area if the Special Use Permit were not approved. Suzanne Patterson stated there would be a mid-day walk where they would be walked with other in the area. Commissioner Woodrel made a MOTION to recommend to Town Council denial of SUP2005- 01. Commissioner Woodrel stated that he felt that it was too close to the residential area that it abuts. Commissioner Tall SECONDED and the MOTION carried 7-0 for denial. Kate Zanon informed the Commission that this item will be scheduled for the March 3, 2005, Town Council Meeting. (Copies of request to speak card - Attachment “B”): Zusia’s Doggie Daycare and Salonspa SUP Case Number SU2005-01 Page 7 of 8 Zusia’s Doggie Daycare and Salonspa SUP Case Number SU2005-01 Page 8 of 8 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 3/3/05 Submitting Department: Public Works Contact Person: Dana Burkhardt, AICP, Sr. Planner Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Regular Agenda Wording: PUBLIC HEARING and CONSIDERATION of ORDINANCE 2005-01, a proposed amendment to the Industrial Unit Plan of Development and IND-2 Zoning District for Firerock Centre to allow a maximum 32’ building height for all lots currently restricted to 22’ maximum height, Case #Z2004-08. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: On October 14, 2004, the Planning & Zoning Commission approved a conceptual site plan for Lot 55, Final Plat 414, conditioned upon the Council amending the maximum building height limit of the Firerock Industrial Unit Planned Development (IUPD) from 22 feet to 30 feet. On February 10, 2005, the Planning & Zoning Commission unanimously recommended the Council approve Ordinance 2005-01, to allow buildings in the Firerock IUPD to respect a maximum height limit of 28 feet if the building is not located within 50 feet of a residential property. Please refer to the attached report for further details. List All Attachments as Follows: Staff Report Momerandum; Ordinance 2005-01 & Ordinance 2005-01 as recommended by the P&Z Commission; Affected Properties Map; P&Z Commission Meeting Minutes; Letters of Opposition Type(s) of Presentation: NA Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager / Designee TOWN OF FOUNTAIN HILLS PLANNING & ZONING DIVISION STAFF REPORT TO: Mayor Nichols and the Town Council MTG DT: March 3, 2005 FR: Dana Burkhardt, AICP, Senior Planner THRU: Richard Turner, AICP, Planning & Zoning Administrator RE: Ordinance 2005-01; Firerock Centre IUPD Height Amendment; Case #Z2004-08 RECOMMENDATION: The Planning & Zoning Commission recommends the Town Council approve Ordinance #2005- 01, as amended to allow all buildings within 50 feet of a residential zoning boundary to respect the existing maximum 22-foot height limit, and beyond 50 feet, comply with a maximum height limit of 28 feet. Staff recommends approval of Ordinance #2005-01, to amend the existing IUPD and allow an increase in the maximum building height up to 28 feet. SUMMARY: This is a proposed amendment to the maximum height limitation for lots in the IND-2 Industrial Unit Plan of Development (IUPD) zoning designation for Firerock Centre. The advertised amendment would allow the Council to increase the maximum building height up to 32 feet, where the existing IUPD allows a maximum building height of 22 feet. The Planning Commission recommends a maximum height of 28 feet, with buildings proposed within 50 feet of a residential zoning district to be restricted to the existing 22-foot maximum height limit. Please see the attached exhibit for the properties affected by the proposed amendment. The proposed amendment was initiated by a unanimous vote of the Planning and Zoning Commission at the October 14, 2004 Commission meeting. At the meeting, the Planning & Zoning Commission reviewed an industrial office-building project for Lot 55, Final Plat 414. The Planning Commission approved the conceptual development plan for building heights greater than 22 feet, with the condition that the Council adopt an amendment to the IUPD to increase the building height to 30 feet. Staff has noticed the public hearing for a maximum height of 32 feet in the event the Council wishes to approve such height without re-notification. The primary reason for this request is to allow mezzanine levels and parapet screen walls for industrial buildings located in the IUPD. Building height is measured from natural (existing) grade, which creates difficulties to design consistent finished floor elevations and relatively level pavement surfaces while maintaining 22 feet in height from natural grade for the entire building(s). If the Town would like to allow mezzanines and require parapet screen walls for buildings in the IUPD, the Town should approve Ordinance 2005-01. EVALUATION: The Maricopa County Board of Supervisors approved case No. Z88-55 on April 17, 1989, adopting the Industrial Unit Plan of Development and Zoning Change to IND-2 for Firerock Centre (IUPD), from IND-1 & IND-2 PD. To date, the majority of the lots within the IUPD are developed, and only three lots remain undeveloped: Plat 414 Lots 55, 68 & 69. The existing development in the industrial zone generally consists of warehouse, office, light assembly/manufacturing, and storage yard uses. The existing buildings range in height from approximately 15 feet to 30 feet. All industrially zoned lots not located in the IUPD are restricted to 40 feet maximum building height. There are a total of ten lots currently restricted to the 22 feet height limitation by the IND-2 IUPD Zoning District. Only three of the ten industrial lots directly abut residential property. A total of four residential lots directly abut the affected industrial lots, and the closest residential structure to this industrial zone is 80 feet away. Lot 55 is the only vacant lot that abuts a residential property, and is approximately 250 lineal feet from the nearest residential structure. Generally, the industrial properties are situated lower in elevation than the adjacent residential properties. Lots 68 and 69 of Plat 414 are the two remaining undeveloped lots, aside from lot 55. These two lots are bound by Industrial storage uses to the west, Target Retail Center to the North and East, and by Saguaro Blvd, Fire Station #2 and the Sheriff’s Posse Station to the south. Additionally, the Town has an agreement for an 80-foot HPE located on Lot 69, along the Saguaro Blvd frontage. The proposed increase in building height on all affected industrial lots should have little noticeable impact on the properties and views in this area. Approval of this amendment does not conflict with the General Plan land use guidelines. On January 13, 2005, the Planning and Zoning Commission unanimously voted to continue this agenda item to the February 10, 2005 meeting, to review the visual impacts if the maximum building height is increased. Four members of the adjoining neighborhood spoke against this request and Bob Tripp submitted a petition of signatures from “property owners south of Shea” to the Planning & Zoning Commissioners opposing the proposed amendment. The protests are primarily based on the perceived loss of views of the surrounding mountains. Staff met on-site with the majority of the Planning & Zoning Commissioners (on separate occasions) to review the potential visual impacts of the height increase. The Council should note that the remaining undeveloped industrial lots are generally lower in elevation than the surrounding residential areas, and have a building height lower than the existing Target building and the buildings on the north side of Laser Drive. The Council should also note that the existing industrial development is constrained from increasing their heights due to parking requirements, plan of development approvals (U-Haul), and a 28 feet maximum building height would likely not permit an additional story. Staff has received three letters in opposition to the proposed amendment and an informal petition, copies of which are attached. ORDINANCE 05-01, as advertised (See the following two pages) ORDINANCE 05-01 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE INDUSTRIAL UNIT PLAN OF DEVELOPMENT AND ZONING CHANGE TO IND-2 FOR FIREROCK CENTRE TO ALLOW A MAXIMUM 32-FOOT BUILDING HEIGHT FOR ALL LOTS CURRENTLY RESTRICTED TO 22-FOOT MAXIMUM HEIGHT. WHEREAS, the Maricopa County Board of Supervisors (the “County”) approved case No. Z88-55 on April 17, 1989, adopting the Industrial Unit Plan of Development and Zoning Change to IND-2 for Firerock Centre (the “IUPD”), rezoning the properties depicted in Exhibit A, attached hereto and incorporated herein by reference, and described as Final Plat 414, Lots 48, 53, 55, 67, 68, and 69 as recorded in the Records of Maricopa County at Book 287, Page 22, Final Plat 415, Lot 42 as recorded in the Records of Maricopa County at Book 358, Page 27, Final Plat Laser Drive Industrial Park Condominiums as recorded in the Records of Maricopa County at Book 583, Page 18 and the Business Park Replat, Lot 1 as recorded in the Records of Maricopa, Book 526, Page 47 (collectively, the “Properties”); and WHEREAS, the IUPD limits the building heights of the Properties to 22 feet; and WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”) desire to amend the IUPD to allow building heights on the Properties not to exceed 32 feet; and WHEREAS, pursuant to ARIZ. REV. STAT. § 9-462.04, public hearings were advertised in the December 8, 2004 edition of the Times of Fountain Hills and Rio Verde; and WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning Commission on January 13 and February 10, 2005 and by the Town Council on March 3, 2005 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That Section IV, Description of Proposal, Subsection A, General Site Development Guidelines, of the IUPD is hereby amended to read as follows: . . . Height The majority of lots (28-60 & 68 & 69) are restricted to 22 32* feet. Lots (61- 67) backing to a natural landform are restricted to 35 feet. Lots 1-17 are limited to 18 feet. *ALL ROOF MOUNTED MECHANICAL EQUIPMENT MUST BE SCREENED FROM PUBLIC VIEW BY PARAPETS AND ARCHITECTURAL FEATURES. . . . SECTION 2. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, March 3, 2005. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: W. J. Nichols, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney ORDINANCE 05-01, as recommended by the Planning Commission (See the following two pages) ORDINANCE 05-01 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE INDUSTRIAL UNIT PLAN OF DEVELOPMENT AND ZONING CHANGE TO IND-2 FOR FIREROCK CENTRE TO ALLOW A MAXIMUM 28-FOOT BUILDING HEIGHT FOR ALL LOTS CURRENTLY RESTRICTED TO 22-FOOT MAXIMUM HEIGHT, WITH EXCEPTIONS. WHEREAS, the Maricopa County Board of Supervisors (the “County”) approved case No. Z88-55 on April 17, 1989, adopting the Industrial Unit Plan of Development and Zoning Change to IND-2 for Firerock Centre (the “IUPD”), rezoning the properties depicted in Exhibit A, attached hereto and incorporated herein by reference, and described as Final Plat 414, Lots 48, 53, 55, 67, 68, and 69 as recorded in the Records of Maricopa County at Book 287, Page 22, Final Plat 415, Lot 42 as recorded in the Records of Maricopa County at Book 358, Page 27, Final Plat Laser Drive Industrial Park Condominiums as recorded in the Records of Maricopa County at Book 583, Page 18 and the Business Park Replat, Lot 1 as recorded in the Records of Maricopa, Book 526, Page 47 (collectively, the “Properties”); and WHEREAS, the IUPD limits the building heights of the Properties to 22 feet; and WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”) desire to amend the IUPD to allow building heights on the Properties not to exceed 32 feet; and WHEREAS, pursuant to ARIZ. REV. STAT. § 9-462.04, public hearings were advertised in the December 8, 2004 edition of the Times of Fountain Hills and Rio Verde; and WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning Commission on January 13, and February 10, 2005 and by the Town Council on March 3, 2005 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That Section IV, Description of Proposal, Subsection A, General Site Development Guidelines, of the IUPD is hereby amended to read as follows: . . . Height The majority of lots (28-60 & 68 & 69) are restricted to 22 feet. IF THE BUILDING IS LOCATED WITHIN 50 FEET OF A RESIDENTIAL ZONE BOUNDARY. IF THE BUILDING IS LOCATED MORE THAN 50 FEET AWAY FROM A RESIDENTIAL ZONE BOUNDARY, IT IS RESTRICTED TO 28 FEET*. Lots (61-67) backing to a natural landform are restricted to 35 feet. Lots 1-17 are limited to 18 feet. * ALL ROOF MOUNTED MECHANICAL EQUIPMENT MUST BE SCREENED FROM PUBLIC VIEW BY PARAPETS AND ARCHITECTURAL FEATURES. . . . SECTION 2. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, March 3, 2005. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: W. J. Nichols, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney EXCERPT FROM THE FEBRUARY 10, 2005 PLANNING & ZONING COMMISSION MEETING MITUES AGENDA ITEM #7 CONSIDERATION OF ORDINANCE 2005-01, A REQUEST TO AMEND THE INDUSTRIAL UNIT PLAN OF DEVELOPMENT AND IND-2 ZONING DISTRICT FOR FIREROCK CENTRE TO ALLOW A MAXIMUM 32-FOOT BUILDING HEIGHT FOR ALL LOTS CURRENTLY RESTRICTED TO 22-FOOT MAXIMUM HEIGHT. THIS AGENDA ITEM WAS CONTINUED FROM THE JANUARY 13, 2005, MEETING FOR FURTHER REVIEW. CASE Z2004-08. Dana Burkhardt stated that most of the Commissioners visited the site and surveyed the height and compared it to the surrounding areas. Mr. Burkhardt continued that Staff had submitted to the Commission a brief update on the ordinance. Mr. Burkhardt stated that Staff still recommended approval of this ordinance amendment. Chairman Downes informed the other Commissioners that they could recommend to the Town Council any number of different heights for their approval. Robert Tripp, 16410 E. Tombstone Avenue, representing many, spoke against approval. Frank Finkelman, 16745 E. Saguaro Boulevard, spoke against approval. Henry Leger, 16302 E. Saguaro Boulevard, representing 51 property owners, spoke against approval. Commissioner Tall stated 2 of the 3 hard to develop lots have been sold and he felt that a height exception should not be made for the last lot to be sold. Commissioner Woodrel stated that if any change were to be made in the ordinance he would recommend a 28’ height, built from existing grade recommended to the Town Council for approval. Commissioner Woodrel had concerns that the existing commercial buildings would expand their height in the future if more than 28’ height regulation were approved. Commissioner Forest commented she endorsed what Commissioner Woodrel stated. Chairman Downes explained that the applicant had requested an additional 6’ in height, which would be 28’. Chairman Downes continued that he would like to add except for any building within 50’ of a residentially zoned property. He added this would allow the two buildings off Laser Drive to build to a height of 28’ as proposed, and the rear building could build to 22’ in height. Chairman Downes stated that the ordinance had been workable and did not like the idea of changing the ordinance for one property. Commissioner Forest agreed with the compromise that Chairman Downes had suggested. Commissioner Woodrel also agreed with Chairman Downes. Commissioner Woodrel made a MOTION to recommend to Town Council the approval of Z2004-08, with the following recommendation after visiting the site and the concerns that the adjacent properties could increase the height of there building without the additional stipulation: • Maximum of 28-feet in height unless the building is within 50-feet of a residentially zoned property. Commissioner Forest SECONDED and the MOTION carried 7-0.