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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. Document in 3-17-05 packet.obd Page 2 of 3 Last printed 3/11/2005 3:21 PM 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 Document in 3-17-05 packet.obd Page 3 of 3 Last printed 3/11/2005 3:21 PM 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 Document in 3-17-05 packet.obd 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 Document in 3-17-05 packet.obd 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. Document in 3-17-05 packet.obd Document in 3-17-05 packet.obd Document in 3-17-05 packet.obd 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 Document in 3-17-05 packet.obd 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. Document in 3-17-05 packet.obd 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] Document in 3-17-05 packet.obd 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 Document in 3-17-05 packet.obd (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: Document in 3-17-05 packet.obd Document in 3-17-05 packet.obd Document in 3-17-05 packet.obd Document in 3-17-05 packet.obd 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 Document in 3-17-05 packet.obd 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 4 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. Z:\Council Packets\R3-17-05\Agenda 3-17-05.doc Page 1 of 3 Last printed 3/11/2005 4:30 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. Z:\Council Packets\R3-17-05\Agenda 3-17-05.doc Page 2 of 3 Last printed 3/11/2005 4:30 PM 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 Z:\Council Packets\R3-17-05\Agenda 3-17-05.doc Page 3 of 3 Last printed 3/11/2005 4:30 PM 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.