HomeMy WebLinkAbout3-17-05Document in 3-17-05 packet.obd Page 1 of 3 Last printed 3/11/2005 3:21 PM
NOTICE OF
REGULAR AND EXECUTIVE
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 17, 2005
TIME: 5:00 P.M. EXECUTIVE SESSION
6:30 P.M. REGULAR SESSION
WHERE: TOWN HALL COUNCIL CHAMBERS, BUILDING B
16836 E. PALISADES BLVD., FOUNTAIN HILLS, AZ
(Executive Session will be held in the Building A Teleconference Room)
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.
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1. VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to A.R.S. §38-431-03.A.4, For
discussion or consultation with the attorneys of the public body in order to consider its
position and instruct its attorneys regarding the public body’s position regarding contracts
that are the subject of negotiations, in pending or contemplated litigation or in settlement
discussions conducted in order to avoid or resolve litigation. (Specifically, negotiations with
respect to state trust land.)
2. RETURN TO REGULAR SESSION
• CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols
• INVOCATION – Councilman Ed Kehe
• ROLL CALL – Mayor Nichols
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 March 3rd,
2005.
*2.) CONSIDERATION of approving the temporary EXTENSION OF PREMISES APPLICATION
submitted by Phil’s Filling Station, located at 11044 Saguaro Blvd. scheduled for March 26, 2005
from 12 p.m. to 5 p.m.
*3.) CONSIDERATION of entering into an AGREEMENT with Southwest Slurry Seal for street
maintenance.
*4.) CONSIDERATION of the PRELIMINARY AND FINAL PLAT for the “Arrow Gulch
Condominiums”, an 8-unit condominium project and lot join, located at 16352 and 16344 Arrow
Drive, aka Lots 13 and 14, Block 8, Plat 111. Case #S2005-01.
REGULAR AGENDA
5.) PUBLIC HEARING regarding ORDINANCE 05-02, which would amend the “Official Zoning
Districts Map” for Fountains to rezone Lot 34 and Lot 60, Block 1, Final Plat 506C and the abutting
unplatted parcel of land to the west of Lot 34 from the “R1-35 & R1-43”Single-family Zoning
Districts to a “R1-35 PUD”, Single-family Planned Unit Development zoning Designation. Case
#Z2004-10.
6.) CONSIDERATION of ORDINANCE 05-02, which would amend the “Official Zoning Districts
Map” for Fountains to rezone Lot 34 and Lot 60, Block 1, Final Plat 506C and the abutting unplatted
parcel of land to the west of Lot 34 from the “R1-35 & R1-43”Single-family Zoning Districts to a
“R1-35 PUD”, Single-family Planned Unit Development zoning Designation. Case #Z2004-10.
7.) CONSIDERATION of the PRELIMINARY PLAT for “High Nob Acres”, a 14-lot single-family
residential subdivision located on Lot 34 and Lot 60, Block 1, Final Plat 506-C, and the abutting
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unplatted parcel of land to the west of Lot 34. Case #S2004-22.
8.) CONSIDERATION of a CUT AND FILL WAIVER for “High Nob Acres”, a 14 - Lot single family
residential subdivision located on Lot 34 and Lot 60, Block 1, Final Plat 506C, and the abutting
unplatted parcel of land to the west of Lot 34. Case #CFW2005-01.
9.) PUBLIC HEARING regarding RESOLUTION 2005-15, which would amend the General Plan Land
Use Map to correct erroneous land use classifications over certain private property designated as
“Open Space” by reverting such land use designations to the categories existing prior to the 2002
General Plan update. Case #GPA2004-03.
10.) CONSIDERATION of RESOLUTION 2005-15, which would amend the General Plan Land Use
Map to correct erroneous land use classifications over certain private property designated as “Open
Space” by reverting such land use designations to the categories existing prior to the 2002 General
Plan update. Case #GPA2004-03.
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:
A.Requested by Vice Mayor Nicola – Placing the item of adopting a ban on motorized
skateboards and other like vehicles similar to neighboring cities and towns on a future agenda
for action.
13.) SUMMARY OF COUNCIL REQUESTS by Town Manager.
14.) ADJOURNMENT.
DATED this 11th day of March, 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
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: March 17, 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 March 3rd, 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:3/3/05 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
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Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: 3/17/05
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
Phil's Filling Station located at 11044 N. Saguaro Blvd on March 26, 2005 from Noon till 5:00
PM.
Staff Recommendation:Approve Fiscal Impact: No $
Purpose of Item and Background Information:To obtain Council approval for the extension
of premises submitted by Phil's Filling Station. 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
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TOWN OF FOUNTAIN HILLS
PUBLIC WORKS DEPARTMENT
MEMO
TO: Honorable Mayor and Town Council DT: March 7, 2005
FR: Tom Ward, Director of Public Works RE: Phil’s Filling Station
Extension of Premise
Phil’s Filling Station has requested an extension of premise permit for March 26, 2005 from
Noon till 5:00 PM.
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.
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Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: 3/17/05
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 entering into an AGREEMENT with Southwest Slurry
Seal for street maintenance.
Staff Recommendation:Approve Fiscal Impact: Yes $397,203
Purpose of Item and Background Information:After a competitive bidding process, the City of
Chandler entered into a contract with Southwest Slurry Seal to provide asphalt emulsion slurry seal and
Microsurfacing. Under State Law, the town is permitted to purchase slurry seal under the Chandler
contract without further public bidding. By utilizing the Chandler contract, there would be a significant
savings to the Town if approved.
List All Attachments as Follows:Staff memo, Purchase Agreement, City of Chandler Purchasing Item
(Exhibit A), Letter of Agreement (Exhibit B) and a Project Map
Type(s) of Presentation:None
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager
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TOWN OF FOUNTAIN HILLS
PUBLIC WORKS DEPARTMENT
MEMO
TO: Honorable Mayor and Council DT: March 8, 2005
FR: Thomas L. Ward, Director of Public Works RE: Purchasing Agreement
Southwest Slurry Seal, Inc.
After a competitive bidding process, the City of Chandler entered into a contract with Southwest
Slurry Seal to provide asphalt emulsion slurry seal and microsurfacing. Under State Law, the
town is permitted to purchase slurry seal under the Chandler contract without further public
bidding. By utilizing the Chandler contract, there would be an approximate savings of $35,000
to the Town if approved.
Considering all the rain we have received and the damage to some of our streets, staff is revising
our microsurfacing schedule for FY 04-05. We were supposed to resurface Fountain Hills Blvd
from Palisades to Saguaro, but due to the large amount of potholes and subgrade failures, asphalt
work will need to be performed previous to any resurfacing. Also, CCWC is scheduled to
microsurface the east half of Fountain Hills Blvd from Palisades south to Trevino Drive where
they installed a new waterline. This gives staff the opportunity to consider resurfacing the west
half and providing the community with a newly surfaced Fountain Hills Blvd from Palisades to
Trevino Drive for a distance of over two miles. See attached map for other schedule street
maintenance work.
A copy of the Chandler contract (Exhibit A) and an agreement letter from Southwest Slurry Seal
(Exhibit B) is attached along with a signed purchase agreement.
Staff recommends approval of the purchase agreement.
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PURCHASE AGREEMENT
BETWEEN THE TOWN OF FOUNTAIN HILLS
AND SOUTHWEST SLURRY SEAL, INC.
THIS PURCHASE AGREEMENT for asphalt emulsion slurry seal and microsurfacing
(this “Agreement”) is entered into as of March 8, 2005, between the Town of Fountain Hills, an
Arizona municipal corporation (the “Town”) and Southwest Slurry Seal, Inc., an Arizona
corporation (the “Contractor”).
RECITALS
A. After a competitive bidding process, the City of Chandler, Arizona (“Chandler”),
entered into contract No. ST1-0161-173 with the Contractor to provide asphalt emulsion slurry
seal and microsurfacing (collectively, “Slurry Seal”) for a reduced cost to Chandler (the
“Chandler Contract”), attached hereto as Exhibit A and incorporated herein by reference.
B. The Town is permitted by State Law to purchase Slurry Seal under the Chandler
Contract without further public bidding.
C. The Town desires to purchase the Slurry Seal under the Chandler Contract for a
lower cost than would otherwise be available.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and the covenants and promises
contained herein, the parties hereby agree as follows:
1. Contractor shall under provide Slurry Seal to the Town under the terms and
conditions of the Chandler Contract on an as-needed basis.
2. The Town shall pay Contractor a price not to exceed (i) $70.45 per ton for Type II
Dry Aggregate Slurry Seal, (ii) $185.00 per ton for Emulsion/PMQS-h, (iii) $87.73 per ton for
Type III Dry Aggregate Microsurfacing and (iv) $230.00 per ton for Emulsion/CSS-1h, as more
particularly set forth in Exhibit B, attached hereto and incorporated by reference.
3. This Agreement may be cancelled pursuant to ARIZ. REV. STAT. § 38-511.
[SIGNATURES ON FOLLOWING PAGE]
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EXECUTED on the date first written above.
TOWN OF FOUNTAIN HILLS, an SOUTHWEST SLURRY SEAL, INC.,
Arizona municipal corporation an Arizona corporation
By: By:
Timothy G. Pickering, Town Manager
Name:
Title:
ATTEST:
Bevelyn J. Bender, Town Clerk
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(ACKNOWLEDGEMENTS)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
This instrument was acknowledged before me on , 2005, by
as of Southwest Slurry Seal, Inc., an Arizona
corporation, on behalf of such corporation.
Notary Public in and for the State of Arizona
My Commission Expires:
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
This instrument was acknowledged before me on , 2005,
by Timothy G. Pickering, the Town Manager of the Town of Fountain Hills, an Arizona
municipal corporation, on behalf of the Town of Fountain Hills.
Notary Public in and for the State of Arizona
My Commission Expires:
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EXHIBIT B
March 8, 2005
Mr. Rich Francis
Southwest Slurry Seal, Inc.
22855 N. 21st Avenue
Phoenix, AZ 85027-2034
Dear Rich:
In order for the Town of Fountain Hills to utilize the Chandler contract for street maintenance, staff
needs to have you sign this letter of agreement with prices not to exceed.
The following prices per ton are:
Slurry Seal (Type II Dry Aggregate) $ 70.45 per ton
Emulsion/PMQS-h $185.00 per ton
Microsurfacing (Type III Dry Aggregate) $ 87.73 per ton
Emulsion/CSS-1h $230.00 per ton
If you are in agreement, please sign in the space provided below.
Thank you for your consideration in this year’s street maintenance project. We look forward to our
continued relationship.
Respectfully,
Thomas L. Ward
Director of Public Works
TLW:bb
Acknowledged: _____________________________ Date: ___________________
Rich Francis, Vice-President
Town of FOUNTAIN HILLS
Public Works Department
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Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: 03/17/05
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 the PRELIMINARY AND FINAL PLAT for the,
“Arrow Gulch Condominiums," an eight-unit condominium project and lot join, located at 16352 and
16344 Arrow Drive, aka Lots 13 and 14, Block 8, Plat 111. Case #S2005-01.
Staff Recommendation:Approve Fiscal Impact: No $
Purpose of Item and Background Information:This agenda item is for a Preliminary and Final Plat
for a Declaration of Condominium and lot join. On March 10, 2005, the Planning and Zoning
Commission recommended approval of S2005-01, Preliminary Plat, "Arrow Gulch Condominiums" .
Please see the attached memorandum for additional details.
List All Attachments as Follows:Staff Report Memorandum, Application; Site Plan Reductions
Type(s) of Presentation:None
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager / Designee
TOWN OF FOUNTAIN HILLS
PLANNING AND ZONING
TOWN COUNCIL MEMO
TO: Mayor and Town Council DT:March 17, 2005
FR: Kate Zanon, Planner
THR: Richard Turner, AICP
Planning and Zoning Administrator
RE: Case # S2005-01; Preliminary and Final
Plat, “Arrow Gulch Condominiums.”
LOCATION: 16352 and 16344 Arrow Drive, aka Lots 13 and 14, Block 8, Final Plat 111.
REQUEST: Consideration of the Preliminary and Final Plat for, "Arrow Gulch Condominiums",
an 8-unit condominium project and lot join.
DESCRIPTION:
OWNER: R.D.M.R. Properties, LLC
APPLICANT: Donna and Richard Sniadanko
EXISTING ZONING: “R-3”
EXISTING CONDITION: constructed
LOT SIZE: 31,363 square feet (.72 acres)
SURROUNDING LAND USES AND ZONING:
NORTH: Ashbrook Wash; zoned “R-2”
SOUTH:Fiesta Casita Condominiums; zoned “R-3”
EAST: 4-Plex; zoned “R-3”
WEST: Gallery Condominiums 3 (4-Plex); zoned “R-3”
SUMMARY:
This request is for approval of the Preliminary and Final Plat, "Arrow Gulch Condominiums,"
Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to
the simplicity of this request and the fact that this project does not involve any off-site public
improvements, a fast track process is being allowed.
The owner, R.D.M.R. Properties, LLC, has chosen to convert two, four-unit residential complexes and
record a Declaration of Condominium to sell the units individually. The units have a maximum livable
area of 1,000 square feet and a minimum livable area of 992 square feet. Each unit has a covered
carport, a covered patio and storage area. The property is a legal non-conforming building, as it
respects the pre-existing building setbacks for the “R-3” Zoning Designation. The Town requires that
all future development on this site conform to the current building setbacks.
RECOMMENDATION:
The Planning & Zoning Commission recommended approval of the Preliminary Plat, at the
March 10, 2005 meeting, and Staff recommends approval of S2005-01; Preliminary and Final Plat,
“Arrow Gulch Condominiums”.
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: 3/17/05
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: Cut & Fill Waiver
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 05-02, a request for a Planned Unit
Development, Preliminary Plat, and Cut & Fill Waiver for “High Nob Acres”, a proposed 14 lot single-family
residential subdivision located on Lot 34& 60 of Block 1, Final Plat 506-C; Case #'s Z2004-10, S2004-22, and
CFW2005-01.
Staff Recommendation:Approve Fiscal Impact: No $
Purpose of Item and Background Information:The applicant has requested a continuance to the April 7, 2005
Town Council meeting. Please see the following letter for further details.
Staff has combined the reports for the Planned Unit Development (PUD), Preliminary Plat, and Cut & Fill
Waiver for the High Nob Acres subdivision project. The applicant, Jack McCoy, is requesting a new 14 lot
single-family subdivision to be accessed from a private gated hillside local road cul-de-sac extending west from
the Cerro Alto Drive cul-de-sac terminus.The Planning Commission unanimously recommended denial of this
request at their February 24, 2005 meeting.
List All Attachments as Follows:Request for Continuance Letter; Staff Report; Ordinance 2005-02; Planning
Commission Minutes; PUD Application; Preliminary Plat Application; Cut & Fill Waiver Application.
Type(s) of Presentation:None
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager / Designee
TOWN OF FOUNTAIN HILLS
PLANNING DIVISION
STAFF REPORT
TO: Honorable Mayor Nichols and
Town Council
MTG DT: March 17, 2005
FR: Dana Burkhardt, AICP, Senior Planner
THRU:Richard Turner, AICP, Planning &
Zoning Administrator
RE: High Nob Acres Planned Unit
Development, Preliminary Plat; and Cut & Fill
Waiver Case #’s Z2004-10, S2004-22, &
CFW2005-01
LOCATION: Accessed from the Cerro Alto Dr. cul-de-sac, aka Final Plat 506C, Block 1, Lots 34
& 60, and the abutting parcel of land to the west of Lot 34.
REQUEST: Consider the Planned Unit Development (Ordinance 05-02), Preliminary Plat, and
Cut & Fill Waiver for “High Nob Acres”, a proposed 14 lot single-family
residential subdivision.
DESCRIPTION:
OWNER: High Nob LLC.
APPLICANT: Jack McCoy
GENERAL PLAN: Single-family very low density
EXISTING ZONING: “R1-35 & R1-43”, Single-family Residential
PROPOSED ZONING: “R1-35 PUD” Single-family Planned Unit Development
EXISTING CONDITION: Undeveloped single family lot
LOT SIZE: 28.63 acres
DENSITY: .489 dwelling units per acre
SURROUNDING LAND USES AND ZONING:
NORTH: Eagles Nest, Parcel 8; zoned “R1-43”
SOUTH: Single-family lots; zoned “R1-35”
EAST: Single-family lots; zoned “R1-10 & R1-35”
WEST: Open Space Tract in Eagles Nest and Water Reservoir; zoned “R1-43”
SUMMARY:
Staff has combined the reports for the Planned Unit Development (PUD), Preliminary Plat, and
Cut & Fill Waiver for the High Nob Acres subdivision project. The applicant, Jack McCoy, is
requesting a 14 lot single-family subdivision to be accessed from a private gated hillside local road
cul-de-sac extending west from the Cerro Alto Drive cul-de-sac terminus. The applicant is
requesting a PUD to allow a gated private roadway, reduced minimum front yard setbacks from
40’ to 20’, reduced lot widths for Lots 2, 11, and 12, and an alternative land disturbance
methodology.
On February 24, 2005 the Planning and Zoning Commission unanimously recommended denial of
this request. Their primary rationale for denying this request was due to the excessive deviations
from the Zoning & Subdivision Ordinances, such as the number of lots proposed on a hillside cul-
de-sac and because the secondary emergency access road was designed to cut-through an existing
lot, adjacent to an existing residence. Please refer to the attached meeting minutes for additional
information on the meeting discussion.
EVALUATION:
The Fountain Hills 2002 General Plan Land Use Map incorrectly designates the majority of this
property as Open Space. The Arizona Revised Statutes mandates that written consent from the
landowner is necessary to change a land use designation to Open Space. The Town does not have
record of such permission for this property. The property was previously designated for Single-
family Residential/Very Low Density, which permits up to one dwelling unit per acre. This project
conforms to the Single-family Residential/Very Low land use classification, as it is proposed for
.489 dwelling units per acre, with a minimum lot size of approximately one acre (43,571 sf), a
maximum lot size of 3.6 acres (157,034 sf), and an average lot size of 1.8 acres (78,313 sf).
The following report provides an evaluation of the project for conformance to the Zoning and
Subdivision Ordinances.
Planned Unit Development
The principal purpose of a Planned Unit Development (PUD) is to allow more creative and
imaginative design for land developments than is possible under the more conventional zoning
regulations. In this regard, flexibility to setback, lot coverage, lot size, and other development
characteristics may be granted through the planned unit development process. The planned unit
development provisions allow the Town to establish a specific set of parameters for the
development of land and supporting infrastructure, when certain criteria are met.
To meet the minimum criteria for consideration of this PUD, the applicant has submitted a precise
plan of development showing the streets, lot locations, and building envelops. The applicant
proposes to preserve natural features such as a series of rock formations, the arroyo crossing the
property, and the majority of the hillside slopes. Staff recommends a condition of approval on the
preliminary plat, that the applicant provide a Hillside Protection Easement (HPE) over these
natural features to ensure their preservation. In addition, the applicant has requested an alternative
hillside calculation methodology, which aggregates the total allowed land disturbance for each lot
based on the “Mower Amendment”, (§504 of the Subdivision Ordinance) and would allow the
development of custom home sites with nodes of preservation in between the proposed building
envelopes. This type of custom lot development is consistent with the existing character for this
area and the methodology employed by the Town for most recent single-family subdivisions. (See
the “Land Disturbance” section for further details)
The applicant is requesting a reduced front setback from the required minimum 40 feet, to 20 feet.
A reduced setback would allow future buildings and the necessary land disturbance to be clustered
close to the roadway. In addition, the driveways would be shorter and possibly have less slope due
to the reduced distance between the roadway and garage entries. The majority of the existing
homes located on the north side of Cerro Alto Dr. are within a “R1-35” Zoning District, and
respect a minimum setback of 40’. The homes located on the south side of Cerro Alto Dr. are
within a “R1-10” Zoning District, and respect a minimum 20-foot front setback. A 20-foot
minimum building setback will place the majority of the buildable areas of the lots on or near the
ridgeline. Generally, the proposed lot configuration is compatible to the surrounding development.
The applicant is requesting relief through the PUD for reduced minimum lot widths for Lots 2, 11,
and 12. These proposed lots are approximately 125 feet in width, which is 20 feet less than
required by the underlying base zoning district. These lots may meet the minimum lot width if one
of the lots were eliminated.
Lots 11, 12, 13, and 14 do not meet the minimum required lot size based on §5.03(B) of the Zoning
Ordinance, which states all resubdivided lots must meet 90% of the average adjacent lot size and
lot width. The Planned Unit Development provisions permit resubdivided lots to meet 80% of the
base zoning district requirement for lot size and lot width. The proposed lot configuration meets
and exceeds the exception criteria for a PUD, and would likely meet §5.03(B) if one lot was
eliminated.
Finally, the applicant is requesting a private roadway, built to the Town’s hillside local road cul-de-
sac standard. A gated entry is proposed at the west terminus of the existing Cerro Alto cul-de-sac,
with a call box and landscape feature in the center of the Cerro Alto right-of-way cul-de-sac bulb.
All portions of the gated entry are on-site, with exception to the guest entry call box located in the
center of the Cerro Alto cul-de-sac bulb. The proposed gates and all associated fencing and
monuments may not exceed six feet in height. (See “Preliminary Plat” for further details on the
proposed roadway)
Preliminary Plat
The preliminary plat consists of a 1,540 lineal foot private hillside roadway extension to the
existing Cerro Alto Dr. cul-de-sac, and a secondary emergency access through Lot 60 of Final Plat
506-C, Block 1, and a total of 14, one-acre minimum, lots. The proposed lot sizes exceed the
minimum requirement for the “R1-35” base zoning district as defined in the provisions for PUD’s.
The minimum lot widths are met with exception to Lots 2, 11, and 12, which all have
approximately 125 foot lot width, where the PUD allows flag lots to have a minimum of 30 foot
width. Lots 2 & 3 provide for common access on Lot 3 due to constraints imposed from the lot
layout.
The Subdivision Ordinance limits the length of hillside local road cul-de-sacs to 1,500 feet, and
restricts the number of lots accessed from the cul-de-sac to 15. The existing Cerro Alto Dr. cul-de-
sac is approximately 1,300 lineal feet providing access to 17 lots, not including Lot 34. Prior to
submittal, the applicant was aware that the proposal did not meet the Subdivision Ordinance by
creating a 2,800 lineal foot hillside local road cul-de-sac providing access to 31 dwelling units.
The applicant responded by entering into a purchase contract for Lot 60, which would provide a
secondary emergency access from Golden Eagle Boulevard to alleviate the public safety concerns.
The Fire Dept. and Town Engineer have requested the secondary emergency access be surfaced
with a paving material due to the steepness of slope, and requested a condition of approval be
added to the preliminary plat. In addition, the Fire Department will require that any homes on
these proposed lots will be required to provide attic sprinklers for additional fire protection.
The proposed hillside local cul-de-sac roadway does have short sections, which exceed the
maximum 12 percent, within 400 feet of one another (§305(B) of the Subdivision Ordinance). The
Town Engineer believes that this is acceptable and recommends that this roadway design be
approved.
The sewer service is proposed to connect to the existing sewer lateral in Cerro Alto Dr. The water
line is proposed to connect to the existing Cerro Alto Dr. line, and loop down the secondary fire
access road to the existing Golden Eagle Blvd. line.
Land Disturbance
At the direction of staff, the applicant is proposing to aggregate the total allowable disturbance for
all slopes greater than 10%, and allocate a disturbable area to each lot, on the Final Plat. Based on
§504 of the Subdivision Ordinance, the applicant is allowed to disturb 29,354sf. of slopes between
10-20 %, 50,529sf of slopes between 20-30%, and 66,389sf of all slopes greater than 30%, for a
total of 146,273sf for all slopes greater than 10%. The preliminary plat provides conceptual
disturbance envelopes for each lot based on the disturbance allocations shown in the “Data Table”.
The slope analysis used to determine the disturbance allocation includes the slopes proposed for
future roadway disturbance, which, by interpretation, is exempt from the horizontal hillside
disturbance limitations and not included in the allowable disturbance allocation. §504(B) of the
Subdivision Ordinance exempts the disturbance caused by roadways designed to Town standards.
Therefore, the net area of the lot, which is the gross lot area less the areas proposed for disturbance
for roadway construction, should be used to calculate the allowable disturbance for the proposed
lots. The proposed building envelopes include the gross disturbable areas, rather than the net
disturbable area, which results in an average disturbance envelope of 15,033sf. for all lots. When
the net disturbance is calculated, each lot would have an average of 13,148sf, which includes all
disturbances necessary for individual lot development. A general rule of thumb to consider is that
most homes in Fountain Hills require approximately four times the roof area of the home to disturb
for construction of the home.
Staff has developed two alternatives to the proposed hillside preservation methodology. First, the
applicant could eliminate lot 11 or 12, which would likely alleviate all lot width issues previously
presented, and redistribute the disturbable area amongst the thirteen lots. In addition, if the
applicant eliminates Lot One, there would be an average of 15,340sf of disturbance for the
remaining 12 lots. The second alternative is that the PUD provisions of the Zoning Ordinance
allow for exceptions to the Hillside Preservation requirements, and provide up to an average of
17,522sf of land disturbance for the 14 lots. To my knowledge, this methodology has not been
utilized since the adoption of the Subdivision Ordinance land preservation regulation.
Cut & Fill Waiver
There is one location in the secondary emergency access road, which exceeds the maximum
allowable 10 feet of fill (see Preliminary Plat). The applicant is not showing a retaining wall for
this fill, though one is required by ordinance.
The fill location would be visible from the westbound lane of Golden Eagle Blvd. Staff has worked with the
applicant to lessen the steepness of the secondary emergency access road, which has resulted in greater cuts
and fills, both of which will be visible from adjacent properties and rights-of-way. The ultimate appearance
would be a series of terraced retaining walls, with planters within the terraces to help screen the exposed
portions of the walls. The fill area will have a visual impact, though it will be revegetated and landscaped to
minimize the exposed fill and walls. If the applicant designed this roadway to stay within the 10 foot
maximum, the roadway would be much steeper than 20%, as it is currently designed.
RECOMMENDATION:
If the Planning Commission wishes to remain consistent with the application of the land
preservation requirements, Staff recommends you approve this subdivision with the elimination of
Lot 11 or 12, and Lot 1, to increase the allowed disturbance on the remaining 12 lots.
Staff recommends approval of Ordinance 05-02, the Preliminary Plat “High Nob Acres”, and
the associated Cut & Fill Waiver. Staff recommends the following conditions on the Preliminary
Plat and Cut & Fill Waiver approval:
1) The landowner shall provide a hillside protection easement (HPE) over the natural rock
formations identified in the sensitive areas study and over the natural arroyo crossing the
property on the final plat, as to not impose on the building envelopes shown on the
preliminary plat.
2) The final plat shall have a table of allocated disturbance for each lot, and a notation
stating that prior to building permit issuance for each lot, the property owner shall grant
the Town a Hillside Protection Easement over the undisturbed portions of the lot.
3) Prior to final plat recordation, the applicant shall submit a final copy of the proposed deed
covenants and restrictions for concurrent recordation with the final plat.
4) The secondary emergency access road shall have a paved surfaced width of 20 feet, with
2 inches of asphalt on six inches of aggregate base course.
5) Add a notation to the final plat stating all homes with in this subdivision are required to
provide attic sprinklers per Rural Metro Fire Safety Standards.
6) Provide a gated access and Knox Lock to the secondary emergency access roadway at
Golden Eagle Blvd.
7) Provide a retaining wall for all cuts and fills beyond 6 feet from natural grade, 4 feet from
natural grade where the existing slope is less than 15%, as required by the Subdivision
Ordinance.
8) Prior to Final Plat recordation, submit and gain approval for all necessary improvement
plans including paving, grading and drainage, landscape and irrigation, sewer and water
services, and a final drainage report. A construction assurance bond will also be
necessary prior to grading and final plat recordation.
9) The applicant shall assume all liability for the construction, maintenance, and use of the
call box improvements in the Cero Alto Dr cul-de-sac bulb.
ORDINANCE NO. 05-02
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE OFFICIAL ZONING DISTRICTS
MAP OF THE TOWN OF FOUNTAIN HILLS, ARIZONA BY DESIGNATING +
28.63 ACRES OF LAND, LOCATED AT LOTS 34 & 60, BLOCK 1, FINAL PLAT
506-C, AND THE PARCEL OF LAND ABUTTING THE WEST END OF LOT 34,
FROM “R1-35” SINGLE FAMILY ZONING DISTRICT AND “R1-43” SINGLE
FAMILY RESIDENTIAL ZONING DISTRICT TO THE “R1-35 PUD” SINGLE
FAMILY RESIDENTIAL PLANNED UNIT DEVELOPMENT; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, the Town of Fountain Hills adopted Ordinance 93-22, on November 18, 1993,
which adopted the Zoning Ordinance for the Town of Fountain Hills; and
WHEREAS, public hearings were advertised in the February 2, 2005 edition of the Times of
Fountain Hills pursuant to Arizona Revised Statutes §9-462.04, and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission
on February 24, 2005 and by the Mayor and Council on March 17, 2005.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA as follows:
SECTION 1. The “Official Zoning District Map” shall be amended to change the Zoning
District designation of 28.63 acres of land, as graphically depicted in Exhibit “A” and legally described in
Exhibit “B”, from the “R1-35” Single Family Zoning District and “R1-43” Single Family Zoning District
to the “R1-35 PUD” Residential Single-family Planned Unit Development.
SECTION 2. The Zoning Regulations for this “R1-35 Planned Unit Development” Zoning
District Case #Z2004-10 and S2004-22, shall be all of the standards of the “R1-35” Single-family
Residential Zoning District, as amended, except where specifically modified in Section 3 through 6 of this
Ordinance.
SECTION 3. Front yard setback is amended to a minimum of 20 feet instead of the required 40
feet.
SECTION 4. The hillside local road cul-de-sac is to be private and gated, providing emergency
and public utility access only, beginning at the right of way boundary for Cerro Alto Drive.
SECTION 5. Property owner or HOA shall assume all liability for the construction,
maintenance, and use of the call box improvements in the Cero Alto Dr cul-de-sac bulb.
SECTION 6. Hillside preservation is based on the calculations shown on the Precise Plan of
Development, Exhibit “C”
SECTION 7. If any provision of this Ordinance is for any reason held by any court of
competent jurisdiction to be unenforceable, such provision of portion hereof shall be deemed separate,
distinct and independent of all other provisions and such holding shall not affect the validity of the
remaining portions of this Ordinance.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona,
March 17, 2005.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Wallace Nichols, Mayor Bev Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Tim G. Pickering, Town Manager Andrew J. McGuire, Town Attorney
EXHIBIT B
PARCEL NO.1
LOT 34, BLOCK 1, FOUNTAIN HILLS ARIZONA, FINAL PLAT NO. 506-C,
ACCORDING TO BOOK 159 OF MAPS, PAGE 31, RECORDS OF MARICOPA COUNTY, ARIZONA.
A PORTION OF SECTION 5, T-3-N, R-6-E MCR, MARICOPA COUNTY, ARIZONA
APN 176-21-150
PARCEL NO.2
THAT PART OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 6 EAST OF THE GILA AND
SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHWESTERLY CORNER OF LOT 34, BLOCK 1, FOUNTAIN HILLS
ARIZONA, FINAL PLAT NO. 506-C, ACCORDING TO BOOK 159 OF MAPS, PAGE 31,
RECORDS OF MARICOPA COUNTY;
THENCE SOUTH AND ALONG THE WEST LINE OF SAID LOT 34 AND ALSO ALONG THE
BOUNDARY OF SAID FINAL PLAT A DISTANCE OF 422.55 FEET;
THENCE NORTH 65°06'46" WEST A DISTANCE OF 195.05 FEET;
THENCE NORTH 15°09'27" EAST A DISTANCE OF 262.00 FEET;
THENCE NORTH 51°04'20" EAST A DISTANCE OF 139.38 FEET TO THE TRUE POINT
OF BEGINNING.
APN 176-21-471C
PARCEL NO.3
LOT 60, BLOCK 1, FOUNTAIN HILLS ARIZONA, FINAL PLAT NO. 506-C,
ACCORDING TO BOOK 159 OF MAPS, PAGE 31, RECORDS OF MARICOPA COUNTY, ARIZONA,
A PORTION OF SECTION 5, T-3-N, R-6-E MCR, MARICOPA COUNTY, ARIZONA
APN 176-21-176
ORDINANCE 05-02
Excerpt of
TOWN OF FOUNTAIN HILLS
MINUTES OF A REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
FEBRUARY 24, 2005
AGENDA ITEM #5 PUBLIC HEARING TO RECEIVE TESTIMONY ON ORDINANCE 05-
02, WHICH IF ADOPTED, WOULD AMEND THE “OFFICIAL DISTRICTS MAP” FOR
FOUNTAIN HILLS TO REZONE LOTS 34 & 60, BLOCK 1, FINAL PLAT 506-C AND THE
ABUTTING UNPLATTED PARCEL OF LAND TO THE WEST OF LOT 34 FROM THE
“R1-35 & R1-43” SINGLE-FAMILY ZONING DISTRICTS TO A “R1-35 PUD” SINGLE-
FAMILY PLANNED UNIT DEVELOPMENT ZONING DESIGNATION. CASE NUMBER
Z2004-10.
Public Hearing opened at 6:39 P.M.
Dana Burkhardt stated that agenda Items 5, 6, 7, and 8, would be combined in his presentation and
explained that all items were consecutively related to the same project. Mr. Burkhardt also presented
a PowerPoint presentation.
Staff recommended approval of Ordinance 05-02, the Preliminary Plat “High Nob Acres, and the
associated Cut and Fill Waiver. Staff recommended the following conditions on the Preliminary Plat
and Cut and Fill Waiver approval:
1) The landowner shall provide a hillside protection easement (HPE) over the natural rock
formations identified in the sensitive areas study and over the natural arroyo crossing the
property on the final plat, as to not impose on the building envelopes shown on the
preliminary plat.
2) The final plat shall have a table of allocated disturbance for each lot, and a notation
stating that prior to building permit issuance for each lot, the property owner shall grant
the Town a Hillside Protection Easement over the undisturbed portions of the lot.
3) Prior to final plat recordation, the applicant shall submit a final copy of the proposed deed
covenants and restrictions for concurrent recordation with the final plat.
4) The secondary emergency access road shall have a paved surfaced width of 20 feet, with
2 inches of asphalt on six inches of aggregate base course.
5) Add a notation to the final plat stating all homes within this subdivision are required to
provide attic sprinklers per Rural Metro Fire Safety Standards.
6) Provide a gated access and Knox Lock to the secondary emergency access roadway at
Golden Eagle Boulevard.
7) Provide a retaining wall for all cuts and fills beyond 6 feet from natural grade, 4 feet from
natural grade where the existing slope is less than 15%, as required by the Subdivision
Ordinance.
8) Prior to Final Plat recordation, submit and gain approval for all necessary improvement
plans including paving, grading and drainage, landscape and irrigations, sewer and water
services, and a final drainage report. A construction assurance bond will also be
necessary prior to grading and final plat recordation.
9) The applicant shall assume all liability for the construction, maintenance, and use of the
call box improvements in the Cerro Alto Drive cul-de-sac bulb.
Commissioner Brown asked Mr. Burkhardt if Staff had a recommendation for the useable space on
these lots. Mr. Burkhardt answered that the Hillside Disturbance Standard would allow very large
homes to be built on these lots.
Commissioner Woodrel expressed his concern regarding the amount of buildable area on these lots.
He continued to ask Mr. Burkhardt if Staff had questioned the applicant about increasing the lot size
and how the disturbance areas were determined. Mr. Burkhardt answered that David Montgomery,
Montgomery Engineering, had discussed this with him and the applicant was determined to go with
the Hillside Protection Easement to get the most amount of disturbance with the most lot area, and
Staff agreed with Mr. Montgomery and the applicant.
Commissioner Caldwell asked if there were a reduction of two lots and that area distributed to other
lots, what percentage would be gained in square footage and in the size of a home that could be built.
Mr. Burkhardt answered that approximately 200 feet would be gained. Mr. Burkhardt answered that
by his calculations the lots would be at 15,340 square feet where the initial proposal from the
applicant, based on his slope analysis and the envelopes he developed in the plat, there were
approximately 15, 033 square feet per lot. Commissioner Caldwell asked Mr. Burkhardt how large a
home could be built with the additional square footage added to each footprint. Mr. Burkhardt
answered that 4 times the footprint is appropriate with an exemption for a driveway, and that would
calculate to approximately a 4,000 square foot home. Mr. Burkhardt stated that the amount of area
would encourage vertical development using the new cut and fill standards.
Commissioner Caldwell asked if the Town owned the cul-de-sac. Mr. Burkhardt answered that it
was owned by the Town and was part of the public right-of-way. Commissioner Caldwell continued
to ask if the applicant would then extend his roadway from the public right-of-way with his streets,
and connections to utilities, etc. Mr. Burkhardt stated that the applicant had a letter from the water
company stating service would be provided with the acknowledgment of a possible pressure
problem.
David Montgomery, Montgomery Engineering, 16716 E. Parkview Avenue, Suite 204, Fountain
Hills, project engineer, stated that Chaparral City Water had given assurance of a water supply and
would provide a zone for service to the Cerro Alto Drive. Mr. Montgomery added that a line would
be extended down from the emergency access and tied into the same zone with Golden Eagle Estates
and that would provide a loop system on Cerro Alto Drive which would be better than the dead end
system that the homes currently have at this time.
Mr. Montgomery commented on the 20-foot setback and stated that the submitted proposal would be
a win-win for both the existing residences and for the new homeowners. He continued that a 40-foot
setback would push the homes further down the hill and there would be more disturbance area for the
driveways. Mr. Montgomery stated that under the 40-foot setback the houses would be higher out of
the ground because the driveways would not go as steep as the land. Mr. Montgomery stated that
with a 40-feet setback, some of the roads would need a three-tier retaining wall to maintain the height
required. He continued that with the 20-foot setback, 20-foot would disappear and only a 2-tier
retaining wall, under 10-foot of fill would then be required. Mr. Montgomery stated that he agreed
with Staff and he anticipated that homes would be multi-level with a walk out basement. Mr.
Montgomery stated that the land was divided as equally as possible in each building envelope. He
continued that the applicant would like to keep all 14-lots as requested.
Chairman Downes stated that lot number 10 would be a hard build property with the setback next to
the arroyo. Mr. Montgomery explained that the building envelope was 21,000 square feet to allow
for a longer driveway. Mr. Burkhardt stated he only questioned lots 2 and 9 and had received
conceptual site plans for those two lots from Mr. Montgomery, which have been approved by Staff.
Lowell Hamilton, 14721 E. Cerro Alto Drive, spoke against the project and represented several
neighbors.
Harold R. Vaile, 14724 E. Cerro Alto Drive, spoke against the project.
Al Grazian, 14541 Golden Eagle Boulevard, spoke against the project.
Jerry Giroux, 14845 E. Cerro Alto Drive, spoke against the project.
David Dickman, 14521 E. Golden Eagle Boulevard, spoke against the project and spoke for four
people.
Anthony Givliani, 14511 E. Golden Eagle Boulevard, spoke against the project and spoke for 10 plus
people.
Michael Greene, 14510 Golden Eagle Boulevard, spoke against the project.
Jeff Ciraulo, 14531 E. Golden Eagle Boulevard, spoke against the project and represented one plus
neighbors
Richard Osgood, 14729 E. Cerro Alto Drive, spoke against the project and represented two people.
Public Hearing closed at 7:40 P.M.
(Copy of “Request to speak” cards - Attachment “A”):
AGENDA ITEM # 6 CONSIDERATION AND RECOMMENDATION TO TOWN COUNCIL
ON ORDINANCE 05-02, WHICH IF ADOPTED, WOULD AMEND THE “OFFICIAL
DISTRICTS MAP” FOR FOUNTAIN HILLS TO REZONE LOTS 34 & 60, BLOCK 1,
FINAL PLAT 506-C AND THE ABUTTING UNPLATTED PARCEL OF LAND TO THE
WEST OF LOT 34 FROM THE “R1-35 & R1-43” SINGLE-FAMILY ZONING DISTRICTS
TO A “R1-35 PUD” SINGLE-FAMILY PLANNED UNIT DEVELOPMENT ZONING
DESIGNATION. CASE NUMBER Z2004-10.
Commissioner Woodrel stated a major concern for the number of lots proposed for this property. He
continued that the proposed access road and the placement along the side of a single-family lot were
totally unfair to the existing property owners on Golden Eagle Boulevard.
Chairman Downes stated that the applicant requested a PUD because of the need for various
variances since the project did not conform to our regular subdivision ordinance. Chairman Downes
gave the examples of variances necessary; the front yards, length of cul-de-sac, number of residences
in the cul-de-sac, the alternative hillside, the lot variance, lot width variance, and a cut & fill
variance.
Chairman Downes stated his concerns about Lot 1 and the ability to build on this lot and the area
designated “emergency access”. He continued that the size of the cul-de-sac and number of
properties proposed would need definitely need an emergency access drive because of all the
requests for variances and location of homes built.
Commissioner Forest asked if there were any variances this applicant had not asked for. Chairman
Downes stated the only one he could see was the width of driveway.
Commissioner Woodrel stated that this property could be developed in a different manner without all
of the variances. Commissioner Woodrel continued that the Commission would be giving too many
concessions to the applicant. He continued that the neighbors would also be giving many
concessions to this applicant.
Chairman Downes stated that the County had assigned this area of property 20-foot setbacks.
Chairman Downes asked the applicant if he wished to speak to the Commission. Mr. McCoy,
applicant, declined to speak.
Vice-Chairman O’Brien made a MOTION to recommend to Council a denial of case number
Z2004-10. Vice-Chairman O’Brien stated there were too many variances that needed to be granted
and a PUD was not the best way to handle this project. Commissioner Woodrel SECONDED and
the MOTION carried 7-0.
AGENDA ITEM #7 CONSIDERATION AND RECOMMENDATION TO TOWN COUNCIL
ON PRELIMINARY PLAT FOR “HIGH NOB ACRES”, A 14-LOT SINGLE-FAMILY
RESIDENTIAL SUBDIVISION LOCATED ON LOTS 34 & 60, BLOCK 1, FINAL PLAT 506-
C AND THE ABUTTING UNPLATTED PARCEL OF LAND TO THE WEST OF LOT 34.
CASE NUMBER S2004-22.
Commissioner Woodrel made a MOTION to recommend to Council a denial of case number S2004-
22. Commissioner Woodrel stated it was not the best use for the land and the fact that a PUD was
requested so to get around the Subdivision Ordinance. Vice-Chairman O’Brien SECONDED and the
MOTION carried 7-0.
AGENDA ITEM #8 CONSIDERATION AND RECOMMENDATION TO TOWN COUNCIL
ON A CUT & FILL WAIVER FOR “HIGH NOB ACRES”, A 14-LOT SINGLE-FAMILY
RESIDENTIAL SUBDIVISION LOCATED ON LOTS 34 & 60, BLOCK 1, FINAL PLAT 506-
C AND THE ABUTTING UNPLATTED PARCEL OF LAND TO THE WEST OF LOT 34.
CASE NUMBER CWF2005-01.
Commissioner Woodrel made a MOTION to recommend to Council a denial of case number
CFW2005-01, because the Commission had already denied the preliminary plat and the rezoning.
Commissioner Forest SECONDED and the MOTION carried 7-0.
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: 3/17/05
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 to adopt RESOLUTION 2005-15,
which would amend the General Plan Land Use Map to correct erroneous land use classifications over certain
private property designated as “Open Space” by reverting such land use designations to the categories existing
prior to the 2002 General Plan update. Case #GPA2004-03.
Staff Recommendation:Approve Fiscal Impact: No $
Purpose of Item and Background Information:When adopted, the 2002 General Plan erroneously amended
16 privately owned parcels of land from their pre-existing land use designations to the Open Space (“OS”) land
use designation. The designation of privately owned property to Open Space requires that the Town receive
written consent from the property owner, pursuant to ARS §9-461.06(N). The Town has no evidence that written
consent has been provided for the 16 residential properties described in Resolution 2005-15. Therefore, staff and
the Planning & Zoning Commission recommend the Council approve this resolution to correctly reflect the land
use designations prior to the adoption of the 2002 General Plan.
List All Attachments as Follows:Staff Report Momerandum; Resolution 2005-15 with Exhibits; Commission
Meeting Minutes
Type(s) of Presentation:NA
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager / Designee
2
TOWN OF FOUNTAIN HILLS
PLANNING DIVISION
STAFF REPORT
TO: Mayor Nichols and Town Council MTG DT: March 17, 2005
FR: Dana Burkhardt, AICP, Senior Planner
THRU: Richard Turner, AICP, Planning and
Zoning Administrator
RE:Consideration of Resolution 2005-15;
Case #GPA2004-03
The General Plan serves as a community’s “blueprint” for future growth. It depicts the vision,
goals, and objectives of the community, and systematically examines existing conditions and
their implications for the future.
SUMMARY:
The Town of Fountain Hills General Plan, adopted June 20, 2002, fulfills the State of Arizona
Growing Smarter legislation, ARS §9-461.05&6. Under this legislation the plan shall include a
land use element that “designates the proposed general distribution and location and extent of such
uses of the land for housing, business, industry, agriculture, recreation, education, public buildings
and grounds, open space and other categories of public and private uses of land as may be
appropriate to the municipality”. The adopted General Plan fulfills this requirement through the
incorporation of Exhibit 4, the “Land Use Map”. This map is a graphic representation of the
adopted vision, goals, and objectives within the document and utilizes land use classifications
appropriate to depict such information.
EVALUATION:
When adopted, the 2002 General Plan erroneously amended 16 privately owned parcels of land
from their pre-existing land use designations to the Open Space (“OS”) land use designation. The
designation of privately owned property to Open Space requires that the Town receive written
consent from the property owner, pursuant to ARS §9-461.06(N). The Town has no evidence that
written consent has been provided for the 16 residential properties described in Resolution 2005-15
(attached). Therefore, staff recommends the Council approve this resolution in keeping with the
consent provisions of the Arizona Revised Statute. Staff believes the properties were
unintentionally designated as Open Space, and the Land Use Map should be corrected to reflect
their designations prior to the adoption of the 2002 General Plan.
RECOMMENDATION:
Staff and the Planning & Zoning Commission recommend approval of Resolution 2005-15,
amending the Town of Fountain Hills 2002 General Plan Land Use Map to correct erroneous land
use classifications over certain private properties designated as open space by reverting such land
use designations to the categories existing prior to the 2002 General Plan.
9196.001\. . . \2005-15 GPA.res.doc
3.10.2005-1
3
RESOLUTION NO. 2005-15
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS 2002 GENERAL PLAN TO CORRECT ERRORS ON THE LAND USE
MAP THEREIN.
WHEREAS, the Town of Fountain Hills 2002 General Plan (the “General Plan”) was
adopted by the Mayor and Council of the Town of Fountain Hills (the “Town Council”) on June
20, 2002, and ratified by the qualified electors of the Town on September 10, 2002; and
WHEREAS, Exhibit 4 of the General Plan, “Land Use Map”, sets forth the land use
designations for all real property within the corporate limits of the Town; and
WHEREAS, ARIZ. REV. STAT. § 9-461.06(N) requires municipalities to receive written
consent from the landowner to designate private lands as Open Space; and
WHEREAS, various parcels of land were designated on the “Land Use Map” as Open
Space without the consent of the property owners as required by ARIZ. REV. STAT. § 9-
461.06(N); and
WHEREAS, the Town Council desires to amend the “Land Use Map” with respect to all
privately owned parcels of land which were erroneously designated as Open Space without prior,
written consent from the landowners to amend the land use descriptions for such parcels to a land
use classification consistent with the category that existed prior to the 2002 General Plan
adoption, as depicted in Exhibit A, attached hereto and incorporated herein by this reference; and
WHEREAS, public hearings were advertised in the February 2, 2005, edition of the Times
of Fountain Hills and Rio Verde pursuant to ARIZ. REV. STAT.§ 9-461.06; and
WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning
Commission on February 25, 2005, and by the Town Council on March 17, 2005.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. That the General Plan “Land Use Map” is hereby amended with respect to
all privately owned parcels of land which were erroneously designated as Open Space without
prior, written consent from the landowners to amend the land use descriptions for such parcels to
a land use classification consistent with the category that existed prior to the 2002 General Plan
adoption as depicted on Exhibit A.
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 provision and such holding shall not affect the
validity of the remaining portions of this Resolution.
9196.001\. . . \2005-15 GPA.res.doc
3.10.2005-1
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PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona, March 17, 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
9196.001\. . . \2005-15 GPA.res.doc
3.10.2005-1
5
EXHIBIT A
[Land Use Map]
See following pages.
TOWN OF FOUNTAIN HILLS
MINUTES OF A REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
FEBRUARY 24, 2005
(Excerpt)
AGENDA ITEM #3 PUBLIC HEARING TO RECEIVE TESTIMONY ON RESOLUTION 05-
15, WHICH, IF ADOPTED, WOULD AMEND THE GENERAL PLAN LAND USE MAP TO
CORRECT ERRONEOUS LAND USE CLASSIFICATIONS OVER CERTAIN PRIVATE
PROPERTY DESIGNATED AS “OPEN SPACE” BY REVERTING SUCH LAND USE
DESIGNATIONS TO THE CATEGORIES EXISTING PRIOR TO THE 2002, GENERAL
PLAN UPDATE. CASE NUMBER GPA2004-03.
Public Hearing opened at 6:34 P.M.
Dana Burkhardt gave the presentation and included a PowerPoint presentation. Staff recommended
approval of Resolution 2005-15.
Chairman Downes questioned Mr. Burkhardt regarding location 11, just south of Crimson Canyon.
Chairman Downes stated that since 1998, this area had been zoned OSR and was a part of the golf
course. Chairman Downes continued there was a section to the north that was shown as OSR but had
also been shown on the plat map as part of the golf course. Mr. Burkhardt answered that the area
was zoned OSR but was being used for public utilities and drainage easements. Mr. Burkhardt stated
that no consent was given from the HOA to convert this area, but if consent were given later, the
conversion could be made in the future. Mr. Burkhardt stated that the area in 1993 had been assigned
a single-family designation.
No comment from the public.
Public Hearing closed at 6:38 P.M.
AGENDA ITEM #4 CONSIDERATION AND RECOMMENDATION TO TOWN COUNCIL
ON RESOLUTION 05-15, WHICH, IF ADOPTED, WOULD AMEND THE GENERAL
PLAN LAND USE MAP TO CORRECT ERRONEOUS LAND USE CLASSIFICATIONS
OVER CERTAIN PRIVATE PROPERTY DESIGNATED AS “OPEN SPACE” BY
REVERTING SUCH LAND USE DESIGNATIONS TO THE CATEGORIES EXISTING
PRIOR TO THE 2002 GENERAL PLAN UPDATE. CASE NUMBER GPA2004-03.
Commissioner Woodrel made a MOTION to approve GPA2004-03 as presented. Commissioner Tall
SECONDED and the MOTION carried 7-0.
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NOTICE OF
REGULAR AND EXECUTIVE
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 17, 2005
TIME: 5:00 P.M. EXECUTIVE SESSION
6:30 P.M. REGULAR SESSION
WHERE: TOWN HALL COUNCIL CHAMBERS, BUILDING B
16836 E. PALISADES BLVD., FOUNTAIN HILLS, AZ
(Executive Session will be held in the Building A Teleconference Room)
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.
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1. VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to A.R.S. §38-431-03.A.4, For
discussion or consultation with the attorneys of the public body in order to consider its
position and instruct its attorneys regarding the public body’s position regarding contracts
that are the subject of negotiations, in pending or contemplated litigation or in settlement
discussions conducted in order to avoid or resolve litigation.(Specifically, negotiations with
respect to state trust land.)
2. RETURN TO REGULAR SESSION
xCALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols
xINVOCATION – Councilman Ed Kehe
xROLL CALL – Mayor Nichols
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 March 3rd,
2005.
*2.) CONSIDERATION of approving the temporary EXTENSION OF PREMISES APPLICATION
submitted by Phil’s Filling Station, located at 11044 Saguaro Blvd. scheduled for March 26, 2005
from 12 p.m. to 5 p.m.
*3.) CONSIDERATION of entering into an AGREEMENT with Southwest Slurry Seal for street
maintenance.
*4.) CONSIDERATION of the PRELIMINARY AND FINAL PLAT for the “Arrow Gulch
Condominiums”, an 8-unit condominium project and lot join, located at 16352 and 16344 Arrow
Drive, aka Lots 13 and 14, Block 8, Plat 111. Case #S2005-01.
REGULAR AGENDA
5.) PUBLIC HEARING regarding ORDINANCE 05-02, which would amend the “Official Zoning
Districts Map” for Fountains to rezone Lot 34 and Lot 60, Block 1, Final Plat 506C and the abutting
unplatted parcel of land to the west of Lot 34 from the “R1-35 & R1-43”Single-family Zoning
Districts to a “R1-35 PUD”, Single-family Planned Unit Development zoning Designation. Case
#Z2004-10.
6.) CONSIDERATION of ORDINANCE 05-02, which would amend the “Official Zoning Districts
Map” for Fountains to rezone Lot 34 and Lot 60, Block 1, Final Plat 506C and the abutting unplatted
parcel of land to the west of Lot 34 from the “R1-35 & R1-43”Single-family Zoning Districts to a
“R1-35 PUD”, Single-family Planned Unit Development zoning Designation. Case #Z2004-10.
7.) CONSIDERATION of the PRELIMINARY PLAT for “High Nob Acres”, a 14-lot single-family
residential subdivision located on Lot 34 and Lot 60, Block 1, Final Plat 506-C, and the abutting
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unplatted parcel of land to the west of Lot 34. Case #S2004-22.
8.) CONSIDERATION of a CUT AND FILL WAIVER for “High Nob Acres”, a 14 - Lot single family
residential subdivision located on Lot 34 and Lot 60, Block 1, Final Plat 506C, and the abutting
unplatted parcel of land to the west of Lot 34. Case #CFW2005-01.
9.) PUBLIC HEARING regarding RESOLUTION 2005-15, which would amend the General Plan Land
Use Map to correct erroneous land use classifications over certain private property designated as
“Open Space” by reverting such land use designations to the categories existing prior to the 2002
General Plan update. Case #GPA2004-03.
10.) CONSIDERATION of RESOLUTION 2005-15, which would amend the General Plan Land Use
Map to correct erroneous land use classifications over certain private property designated as “Open
Space” by reverting such land use designations to the categories existing prior to the 2002 General
Plan update. Case #GPA2004-03.
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:
A.Requested by Vice Mayor Nicola – Placing the item of adopting a ban on motorized
skateboards and other like vehicles similar to neighboring cities and towns on a future agenda
for action.
13.) SUMMARY OF COUNCIL REQUESTS by Town Manager.
14.) ADJOURNMENT.
DATED this 11th day of March, 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.