Loading...
HomeMy WebLinkAbout4-7-05Document in TC 4-7-05 Packet .obd 4/4/2005 NOTICE OF SPECIAL SESSION OF THE DISTRICT BOARD OF THE EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT (EMCFD) Pursuant to A.R.S. 38-431.02, notice is hereby given to the Directors of the District Board of the Eagle Mountain Community Facilities District and to the general public that the District Board of the Eagle Mountain Community Facilities District will hold a special session open to the public immediately prior to the Council meeting that begins at 6:30 p.m. The agenda for the meeting is as follows: 1.) Meeting CALLED TO ORDER and ROLL CALL. 2.) 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 Directors is subject to reasonable time, place and manner restrictions. The Directors 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 Directors may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future agenda. 3.) Consideration of APPROVING THE MEETING MINUTES of January 6, 2005. 4.) CONSIDERATION of RESOLUTION EMCFD 2005-01, and if advisable, approval releasing amounts held under the Series 1996A Depository Agreement. 5.) ADJOURNMENT. DATED this 30th day of March 2005. By:______________________________________ Bevelyn J. Bender, District Clerk The Eagle Mountain Community Facilities District in cooperation with 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. Supporting documentation and staff reports furnished with this agenda are available for review in the clerk's office. WHEN: THURSDAY, APRIL 7, 2005 TIME: 6:15 P.M. - 6:30 P.M. WHERE: TOWN HALL COUNCIL CHAMBERS 16836 E. PALISADES BOULEVARD document in tc 4-7-05 packet .obd Town of Fountain Hills Eagle Mtn. CFD Board Agenda Action Form Meeting Type: Special Session Meeting Date: 4/7/05 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 Minutes from January 6, 2005. 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 approving the meeting minutes of January 6, 2005. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: To approve the meeting minutes for archival purposes. List All Attachments as Follows: 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 9196.001\. . . \STS.res.doc 2.9.2005-1 Eagle Mountain Community Facilities District District Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 4/07/05 Submitting Department: District Contact Person: Julie Ghetti Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Finance Regular Agenda Wording: Consideration of Resolution 2005-01 of the Eagle Mountain Community Facilities District releasing amounts held under the series 1996A depository agreement pertaining to the Eagle Mountain Community Facilities District bonds, series 1996A. Staff Recommendation: Approve Fiscal Impact: Yes $ Purpose of Item and Background Information: The District has been holding collateral in the amount of $4,435,000 in order to provide interest earnings to make the annual debt service payments on bonds sold in 1996. Currently there is sufficient property valuations to provide tax revenue for the bond payments at a tax levy of less than $3.00 per hundred. The developer has requested that the District release the collateral per the terms of the Depository Agreement. List All Attachments as Follows: Interoffice Memorandum, Depository Release Test, Resolution 2005- 01. Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ District Manager / Designee 9196.001\. . . \STS.res.doc 2.9.2005-1 TOWN OF FOUNTAIN HILLS FINANCE DEPARTMENT INTER OFFICE MEMO TO: Honorable Chairman and District Board DT: April 4, 2005 THROUGH: Timothy Pickering, District Manager FR: Julie A. Ghetti, MPA,CPA,CGFM RE: Resolution 2005-01, Release of Collateral When the Eagle Mountain Community Facilities District (CFD) was formed in 1996 the District sold bonds in the amount of $4,435,000 to finance the costs of district infrastructure. Initially, the annual debt service on the bonds was paid for with interest earnings from collateral held by the District from the developer who was also the property owner ($4.4M in cash). The collateral has been on deposit with Wells Fargo Bank as trustee under the terms of a Depository Agreement. The developer has submitted a request to the District for return of the collateral. The Depository Agreement provides that the depository (the trustee) may pay to the Owner (the developer) amounts held by the depository upon receipt of proof, satisfactory to the District, of the following conditions: • Written approval by the District; and • Evidence that a tax rate of $3.00 (or less) levied in the year prior resulted in actual property tax collections sufficient to pay Debt Service and any expenses and costs required to be paid on the Bonds; and • Evidence satisfactory to the District that S&P has rated the Series 1996A Bonds, upon termination of the Depository Agreement, "A" or better through credit enhancement or otherwise. The second test is satisfied as shown on the Depository release test prepared by RBC Dain Rauscher. The third test - bonds rated A - is a condition to be satisfied; Resolution 2005-01 provides that upon receipt of the evidence of the rating then the collateral can be released. The rating won't happen until the bond insurance policy is issued after the Trustee pays the insurance premium using monies received from the developer. All of this is expected to happen on April 15th - 8 days after the board's approval. The tax rate for the Fiscal-Year 2004-05 debt service payment was less than $3.00 ($2.59) with an assessed valuation of $19,785,269. The estimated assessed valuation for 2005 is $22,726,874, which would require a tax rate of approximately $2.29. 9196.001\. . . \STS.res.doc 2.9.2005-1 Page 2 The sixth column labeled “Not To Exceed Administrative Fees and Trustee Fees” includes projected costs related to the district such as trustee, legal and administrative fees (which will be based on actual costs). Staff is recommending approval of Resolution 2005-01 authorizing the release of the collateral to the developer. I would be happy to answer any questions the District Board may have. cc: Scott Ruby, Gust Rosenfeld PLC, District Counsel Jim Stricklin, Peacock, Hislop, Staley & Given, District Financial Advisors Attachs: Depository Release Test Resolution 2005-01 Certificate of District Treasurer 9196.001\. . . \STS.res.doc 2.9.2005-1 RESOLUTION NO. 2005-01 RESOLUTION OF THE EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT RELEASING AMOUNTS HELD UNDER THE SERIES 1996A DEPOSITORY AGREEMENT PERTAINING TO THE EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT BONDS, SERIES 1996A. WHEREAS, this Governing Board (the "District Board") of the Eagle Mountain Communities Facilities District (the "District") adopted on May 16, 1996 Resolution No. 1996-01 (the "Bond Resolution"), which authorized the issuance of its Community Facilities District Bonds, Series 1996A in the aggregate principal amount of $4,435,000 (the "Series 1996A Bonds") and Series 1996B in the aggregate principal amount of $470,000 (the "Series 1996B Bonds" and together with the Series 1996A Bonds, the "Bonds"). The Bonds were issued pursuant to the terms and provisions of an Indenture of Trust and Security Agreement, dated as of June 1, 1996 (the "Indenture"); and WHEREAS, the District, the Town of Fountain Hills, Arizona (the "Municipality") and the then owner of all the real property within the District entered into an Amended and Restated Development, Financing Participation and Intergovernmental Agreement No. 1 (Eagle Mountain Community Facilities District), dated as of March 1, 1995 (the "Development Agreement"); and WHEREAS, the Development Agreement provides that any bonds sold by the District either: (i) receive a rating of at least "A" from Standard & Poor's Corporation a division of The McGraw-Hill Companies, Inc. ("S&P") or (ii) shall be sold in other than a public sale under terms the District Manager shall approve; and WHEREAS, the Series 1996A Bonds are rated "A" by S&P; and WHEREAS, the Series 1996B Bonds were not rated, were not sold in a public sale, and such Series 1996B Bonds may be owned only by Qualified Investors (as such term is defined in the Indenture); and WHEREAS, pursuant to the terms of the Development Agreement and the Indenture, the Series 1996A Bonds are secured by monies and Permitted Investments (as defined in the Indenture) held by Wells Fargo Bank, N.A. as depository under the terms and provisions of the Series 1996A Depository Agreement, dated as of June 1, 1996 (the "Depository Agreement"); and WHEREAS, the Depository Agreement provides that the depository may pay to the Owner (as defined in the Indenture) amounts held by the depository upon receipt of proof, satisfactory to the District, of the following conditions: 9196.001\. . . \STS.res.doc 2.9.2005-1 (1) Written approval by the District; and (2) Evidence that a tax rate of $3.00 (or less) levied in the year prior to the payment to the owner of the amounts held under the Depository Agreement resulted in actual collections and deposits to the Tax Account (as defined in the Indenture) sufficient to pay Debt Service (as defined in the Indenture) on the Bonds; and (3) A tax rate of $3.00 (or less) levied in the then current and each subsequent year, assuming the current secondary assessed valuation of the property in the District, will result in tax collections and deposits to the Tax Account, sufficient to pay when due the scheduled payments of Debt Service on the Bonds and any expenses and costs required to be paid as described in Section 7.20(a) of the Development Agreement, the amounts necessary to be collected to satisfy the requirements hereunder shall be determined based on such tax rate and a collection delinquency rate of 5%; and (4) Evidence satisfactory to the District that S&P has rated the Series 1996A Bonds, upon termination of the Depository Agreement, "A" or better through credit enhancement or otherwise; and WHEREAS, the Depository Agreement further provides that notwithstanding the requirement to pay all amounts held under the Depository Agreement to the owner upon satisfaction of the conditions set forth above, there shall remain on deposit with the depository for two (2) years after the amounts held by the depository are paid to the owner, $100,000 which shall be paid to the District during such period with respect to any indemnifiable event described in Section 5.1 of the Development Agreement. Any amount not applied for such purpose during such period shall be paid to the owner at the end of the 2 years; and WHEREAS, the owner and the District believe that the conditions set forth above have been or are capable of being satisfied thus allowing the payment of the amounts held by the depository to the owner. NOW, THEREFORE, BE IT RESOLVED BY THE DISTRICT BOARD OF THE EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT that: Section 1. The District Board has been presented the following information: 1 A debt service schedule pertaining to the Bonds; 2. Certificate of the Maricopa County Assessor setting forth the secondary assessed valuation of the taxable property in the District; 3. A certificate from the District Treasurer certifying the amount of actual tax collections and deposit to the Tax Account for the District in fiscal year 2003/2004; 4. A Depository Release Test from RBC Dain Rauscher Inc. showing a District tax rate of $3.00 or less levied in the current year and each subsequent year, assuming the current secondary assessed valuation of the taxable property within the District, will result in collections and deposits to the tax account, sufficient to pay when due the scheduled payments of 9196.001\. . . \STS.res.doc 2.9.2005-1 Debt Service on the Bonds and all payments due pursuant to Section 7.20(a) of the Development Agreement, assuming a collection delinquency rate of 5%; and 5. Assured Guaranty Corp. (the "Insurer") has stated it is willing to issue a municipal bond insurance policy for each maturity on a secondary market basis, insuring all of the outstanding Series 1996A Bonds (collectively, the "Policy"). Section 2. The District Board hereby finds that the evidence and statements described in Section 1 of this Resolution is satisfactory to determine that a tax rate of $3.00 or less levied on the taxable property within the District, assuming the current secondary assessed valuation of all the taxable property in the District and further assuming a collection delinquency rate of 5% was in the prior year and is in the current year and each subsequent year sufficient to produce tax collections and deposits to the Tax Account sufficient to pay when due the scheduled payments of Debt Service on the Bonds. The District Board hereby finds that no expenses and costs described in Section 7.20(a) of the Development Agreement are owing to the District. Section 3. Wells Fargo Bank, N.A. acting in its capacity as trustee under the terms of the Indenture (the "Indenture") is hereby authorized and directed to: (1) utilize the District's expense account or establish, if necessary, an escrow account which shall be used to hold monies received from the Owner (as defined in the Depository Agreement) or any other person, in an amount sufficient to pay the premium for the Policy; (2) pay from the expense or escrow account the premium for the Policy; (3) receive and hold the Policy for the benefit of the registered owners of the Series 1996A Bonds; and (4) take such other necessary actions as may be necessary to accomplish the purposes of this Resolution. Section 4. This Resolution shall constitute the written approval by the District required pursuant to Section 2.02(C)(1) of the Depository Agreement. Section 5. The depository is instructed to pay all amounts held by it pursuant to the terms of the Depository Agreement (excluding $100,000 which shall continue to be held by the depository pursuant to Section 6 of this Resolution) upon receipt by the depository of the following: 1. Evidence that Assured Guaranty Corp. insurance company has issued the Policy with respect to the Series 1996A Bonds; and 2. Evidence that S&P has issued a rating of "A" for the Series 1996A Bonds based on the Policy and that the rating is then in effect. In the event the conditions set forth above are not satisfied, the depository shall continue to hold the monies pursuant to the terms of the Depository Agreement and as currently invested. Section 6. Notwithstanding satisfaction of the requirements set forth in Sections 1 and 5 of this Resolution for payment to the owner of the amounts held by the depository pursuant to the Depository Agreement, there shall remain on deposit in the Principal Account (as defined in the Depository Agreement) for two (2) years after the date the monies are paid to the owner, which amounts shall be paid to the District during such two year period with 9196.001\. . . \STS.res.doc 2.9.2005-1 respect to any indemnifiable event described in Section 5.1 of the Development Agreement. Any amounts and earnings thereon not applied for such purpose during the two-year period shall be paid to the owner at the end of such two-year period without further action by this Governing Board. Section 7. The depository for the Series 1996A Bonds is hereby authorized and directed to pay the amounts due to the owner at the times and in the amounts in accordance with the terms of this Resolution. PASSED AND ADOPTED on this _________ day of April, 2005. Chairman, Eagle Mountain Community Facilities District ATTEST: District Clerk REVIEWED BY: District Manager APPROVED AS TO FORM: District Counsel Not to Exceed ProjectedFiscal Year Administrative Total Debt Net Debt District Revenues Fiscal YearEndingFees and Service and Secondary Assessed Tax@ $3.00 Target Tax Rate EndingJune 30 Principal Interest Principal Interest Trustee Fees Expenses Value Rate (2) and 95% Collections June 302005 145,000$ 264,565$ 15,000$ 32,263$ 20,000$ 476,828$ 22,726,874$ (1) 2.29$ 647,716$ 20052006 155,000 256,228 15,000 31,175 20,000 477,403 22,726,874 2.10 647,716 20062007 160,000 247,083 15,000 30,088 20,000 472,170 22,726,874 2.08 647,716 20072008 170,000 237,483 15,000 29,000 20,000 471,483 22,726,874 2.07 647,716 20082009 185,000 227,113 20,000 27,913 20,000 480,025 22,726,874 2.11 647,716 20092010 195,000 215,735 20,000 26,463 20,000 477,198 22,726,874 2.10 647,716 20102011 205,000 203,645 20,000 25,013 20,000 473,658 22,726,874 2.08 647,716 20112012 220,000 190,525 25,000 23,563 20,000 479,088 22,726,874 2.11 647,716 20122013 235,000 176,445 25,000 21,750 20,000 478,195 22,726,874 2.10 647,716 20132014 250,000 161,405 25,000 19,938 20,000 476,343 22,726,874 2.10 647,716 20142015 265,000 145,405 30,000 18,125 20,000 478,530 22,726,874 2.11 647,716 20152016 280,000 128,445 30,000 15,950 20,000 474,395 22,726,874 2.09 647,716 20162017 300,000 110,525 35,000 13,775 20,000 479,300 22,726,874 2.11 647,716 20172018 320,000 91,325 35,000 11,238 20,000 477,563 22,726,874 2.10 647,716 20182019 340,000 70,525 35,000 8,700 20,000 474,225 22,726,874 2.09 647,716 20192020 360,000 48,425 40,000 6,163 20,000 474,588 22,726,874 2.09 647,716 20202021 385,000 25,025 45,000 3,263 20,000 478,288 22,726,874 2.10 647,716 2021Total4,170,000$ 2,799,900$ 445,000$ 344,375$ 340,000$ 8,099,275$ EAGLE MOUNTAINCOMMUNITY FACILITIES DISTRICTDepository Release TestSeries 1996A Series 1996BDISTRICT DEBT SERVICE AND DISTRICT EXPENSES DISTRICT REVENUESNotes:(1) The District's fiscal year ending 2005 secondary assessed value is actual as provided by the Maricopa County Assessor's Office in August 2004.(2) The fiscal year ending 2005 tax rate for debt service is actual as provided by the Maricopa County Assessor's Office in August 2004.Prepared by: RBC Dain RauscherMarch 28, 2005 9196.001\. . . \STS.res.doc 2.9.2005-1 EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT GENERAL OBLIGATION BONDS SERIES 1996A _______________________________________ CERTIFICATE OF DISTRICT TREASURER _______________________________________ I, the undersigned Treasurer of the Eagle Mountain Community Facilities District (the "District") hereby certify that: 1. The District for the prior year (FY 03/04) levied a tax rate to pay Debt Service (as hereafter defined) on its outstanding general obligation bonds of $3.00 per $100 of secondary assessed valuation and the District's tax collections resulting from such levy were $574,193 (the "Tax Collections"). 2. The Tax Collections were deposited in the Tax Account (as defined in the Indenture of Trust and Security Agreement, dated as of June 1, 1996 (the "Indenture") and were sufficient to pay all Debt Service (as defined in the Indenture) owing on the District's outstanding general obligation bonds. 3. The requirements for the release of the amounts held by the depository pursuant to the terms of the Series 1996A Depository Agreement, dated as of June 1, 1996 (the "Depository Agreement") have been satisfied and the depository is hereby directed to release the monies held to Eagle Mountain Investors, L.L.C., the Owner (as defined in the Depository Agreement), in the amounts and at the times set forth in the Resolution No. 2005-01 of the Governing Board of the District. Dated _____________________, 2005. Treasurer, Eagle Mountain Community Facilities District 9196.001\. . . \STS.res.doc 2.9.2005-1 EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT GENERAL OBLIGATION BONDS SERIES 1996A __________________________ DOCUMENTS LIST __________________________ 1. Resolution No. 2005-01 of the Eagle Mountain Community Facilities District Governing Board. 2. Assessor's Certificate 3. Depository Release Test prepared by RBC Dain Rauscher, Inc. 4. Debt Service Schedule for Series 1996A Bonds and Series 1996B Bonds. 5. Certificate of District Treasurer. 6. Municipal Bond Insurance Policy issued by Assured Guaranty Ltd.; Opinion of Counsel to Insurer. 7. Rating Letter pertaining to the Series 1996A Bonds. E:\Clerk\AGENDAS\REGULAR\2005\Web Agendas\Regular Session 4-7-05.doc Page 1 of 4 Last printed 4/4/2005 3:57 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, APRIL 7, 2005 TIME: 5:00 P.M. – 6:15 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. E:\Clerk\AGENDAS\REGULAR\2005\Web Agendas\Regular Session 4-7-05.doc Page 2 of 4 Last printed 4/4/2005 3:57 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 – Pastor Mark Lansberry, The Fountains Methodist Church • ROLL CALL – Mayor Nichols • SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS – (i) The Mayor will read a proclamation declaring April 11, 2005, World Parkinson Day, and (ii) The Mayor will present a Certificate of Achievement to David Killian, for being named 2005 Youth of the Year, and (ii) The Mayor will read a proclamation declaring April 3 - 9, 2005, National Boys and Girls Club Week. 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 17th, 2005. *2.) CONSIDERATION of RESOLUTION 2005-30, approving an amendment to the “Council Rules of Procedure” establishing standards for the selection and appointment process for vacancies on Boards, Commissions, and Committees. *3.) CONSIDERATION of approving a LEASE for the Community Theater occupying Town property at 17325 E. Rand Drive and 11455 E. Saguaro Drive. *4.) CONSIDERATION of RESOLUTION 2005-23, abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the northeasterly property lines of Plat 605C, Block 1, Lot 10 (11039 N. Pinto Drive) as recorded in Book 164 of Maps, Page 14, Records of Maricopa County, Arizona. EA05-04 (Coup). *5.) CONSIDERATION of RESOLUTION 2005-24, abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the northerly property lines of Plat 505D, Block 2, Lot 13 (16821 N. Sourdough Place) as recorded in Book 158 of Maps, Page 41, Records of Maricopa County, Arizona. EA05-05 (Merrell). *6.) CONSIDERATION of RESOLUTION 2005-25, abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the northerly property lines of E:\Clerk\AGENDAS\REGULAR\2005\Web Agendas\Regular Session 4-7-05.doc Page 3 of 4 Last printed 4/4/2005 3:57 PM Plat 602A, Block 1, Lot 30 (15610 E. Cavern Drive) as recorded in Book 161 of Maps, page 42, Records of Maricopa County, Arizona. EA05-06 (Carlson). *7.) CONSIDERATION of ORDINANCE 05-03, a technical amendment to correct an error in the Town of Fountain Hills Tax Code relating to commercial rental activity. *8.) CONSIDERATION of RESOLUTION 2005-26, approving an Intergovernmental Agreement (IGA) between the Fountain Hills Unified School District #98 and the Town of Fountain Hills regarding the sharing of facilities. *9.) CONSIDERATION of approving the PRELIMINARY AND FINAL PLAT for “Sabinas Estates Condominiums”, a 2-unit condominium project, located at 16927 E. Sabinas Drive, aka Lot 4, Block 4, Plat 105. Case #S2005-03. *10.) CONSIDERATION of approving the PRELIMINARY AND FINAL PLAT for “Sherwood Villas Condominiums”, a 2-unit condominium project, located at 14461 Sherwood Drive, aka, Lot 7, Block 12, Plat 104. Case #S2005-02. REGULAR AGENDA 11.) CONSIDERATION of approving a SPECIAL USE PERMIT for the Fountain Hills Senior Care Center, which would allow a convalescent home up to 40 feet in height in the “R-4” Multi-family Zoning District, located at the southwest corner of Verde River Drive and El Lago Blvd., aka Fountain View Final Plat. Case #SU2004-04. 12.) PUBLIC HEARING regarding ORDINANCE 05-02, which would amend the “Official Zoning Districts Map” for the Town of Fountain Hills 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. 13.) CONSIDERATION of ORDINANCE 05-02, which would amend the “Official Zoning Districts Map” for the Town of Fountain Hills 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. 14.) 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 unplatted parcel of land to the west of Lot 34. Case #S2004-22. 15.) 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. 16.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths and weaknesses and discuss possible improvements for future meetings. 17.) COUNCIL DISCUSSION/DIRECTION to the Town Manager. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: NONE 18.) SUMMARY OF COUNCIL REQUESTS by Town Manager. 19.) ADJOURNMENT. DATED this 1st day of April, 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 PROCLAMATION OFFICE OF THE MAYOR WHEREAS, Parkinson disease is a progressive disorder of the central nervous system, affecting more than one million people in the United States; and WHEREAS, The American Parkinson Disease Association, Inc., founded in 1961, has sought to ease the burden and find the cure for this disease through research, patient and family services and support groups throughout the United States; and WHEREAS, The Town of Fountain Hills recognizes the efforts of The American Parkinson Disease Association, Inc., to raise funds and promote awareness to fight Parkinson disease, thereby improving the quality of life for those living with the disease. NOW THEREFORE, I, Wally Nichols, Mayor of the Town of Fountain Hills, Arizona, do hereby declare Monday, April 11, 2005, “World Parkinson Disease Awareness Day” in Fountain Hills. ____________________________________ Wallace J. Nichols, Mayor Attest: ____________________________________ Bevelyn J. Bender, Town Clerk DAVID KILLIAN NAMED BOYS & GIRLS CLUBS OF GREATER SCOTTSDALE YOUTH OF THE YEAR DAVID KILLIAN, age 17, has always been somewhat of a star but now it is official! David Killian was selected as the 2004 Youth of the Year for the Boys & Girls Clubs of Greater Scottsdale this past Saturday, March 19, 2005, at the “Celebrate Youth – Inspiration of the Next Generation” event in Scottsdale. Sponsored by Reader’s Digest Foundation and administered by Boys & Girls Clubs of America (BGCA), the national program recognizes superior leadership skills, academic achievement, and outstanding service to Boys & Girls Clubs and the community. An honor student and nine-year member of the Boys & Girls Club of, Killian is a positive role model for today’s young people. David won by demonstrating five core values of the organization, “home and family, community service, scholastic achievement, spiritual values, and service to the club”. Killian will compete against other Boys & Girls Clubs youth for the Arizona state Youth of the Year title. Five regional winners selected from among the state winners will compete for the national honor in Washington, D.C., where the President, in an official White House ceremony, will install the National Youth of the Year in September. In addition, the winner will receive a $10,000 scholarship from Reader’s Digest Foundation, sponsor of the program since its inception in 1947. The Boys & Girls Club has played an integral role in the Fountain Hills community for nine years, providing daily programs and services to 1250 young people. The entire Town of Fountain His proud of Dave and the Council wishes to acknowledge his achievement by presenting him with this “Certificate of Excellence”. THE TOWN OF FOUNTAIN HILLS Presents this CERTIFICATE OF EXCELLENCE to David Killian In recognition of his achievement of being named 2005 YOUTH OF THE YEAR by the Boys & Girls Clubs of Greater Scottsdale _______________________________ Wallace J. Nichols, Mayor Attest: _________________________________ Bevelyn J. Bender, Town Clerk TOWN OF FOUNTAIN HILLS PROCLAMATION OFFICE OF THE MAYOR WHEREAS, the young people of Fountain Hills are tomorrow’s leaders; and WHEREAS, many such young people need professional youth services to help them cope with a wide range of social and financial hardships; and WHEREAS, the Boys & Girls Clubs of Greater Scottsdale – Four Peaks Branch providing services to more than 1250 young people annually; and WHEREAS, the Boys & Girls Clubs are at the forefront of efforts in here, substance abuse prevention, delinquency prevention, daycare, literacy programs, etc.; and WHEREAS, the Boys & Girls Club in our town help ensure that our young people keep off the streets, offering them a safe and supportive place to go and providing them with quality programs; and WHEREAS, the Boys & Girls Clubs of Greater Scottsdale – Four Peaks Branch will celebrate National Boys & Girls Club Week, April 3-9, 2005 along with some 3400 Clubs and more than 4 million young people nationwide; NOW, THEREFORE, I Wally Nichols, Mayor of the Town of Fountain Hills, Arizona do hereby declare April 3-9th “BOYS & GIRLS CLUB WEEK” in Fountain Hills. And call on all citizens to join with me in recognizing and commending the Boys & Girls Club organizations in our state for providing comprehensive, effective services to the young people in our communities. _______________________________ Wallace J. Nichols, Mayor Attest: ___________________________________ Bevelyn J. Bender, Town Clerk document in tc 4-7-05 packet .obd Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 4/7/05 Submitting Department: Admin 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 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 Finance Regular Agenda Wording: Consideration of approving the Town Council Meeting Minutes from March 17, 2005. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: To approve the meeting minutes for archival purposes. List All Attachments as Follows: 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 tc 4-7-05 packet .obd Page 1 of 12 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 4/7/05 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: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Finance Regular Agenda Wording: CONSIDERATION of RESOLUTION 2005-30, approving an amendment to the “Council Rules of Procedure” establishing standards for the selection and appointment process for vacancies on Boards, Commissions, or Committees. Staff Recommendation: Approve Fiscal Impact: $ Purpose of Item and Background Information: To standardize the selection and appointment process followed by staff to assist the Council when filling vacancies on committees, boards, and commission. The Council discussed the proposed process at the January 11, 2005 Work Study. Revisions have been made per the Council's requests and the document was again reviewed by the Town Manager and Town Attorney for any additonal required revisions. At the Council request, the various commissions and the Board of Adjustment have reviewed the proposed amendment to the "Council's Rules of Procedure". Please see the attached memo. List All Attachments as Follows: staff memo, Amendment to G-9 (Council Rules and Procedures), and reference sheet 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 tc 4-7-05 packet .obd Page 2 of 12 TOWN OF FOUNTAIN HILLS OFFICE OF INTER OFFICE MEMO TO: Mr. Tim Pickering, Town Manager DATE: April 4, 2005 FR: Bev Bender, Town Clerk RE: Amendment to the “Council Rules and Procedures adding the Standardization of Board, Commission, and Committee selection and appointment process This agenda item is the result of Council directive from the January 11, 2005 Work Study. The Town Attorney and the Town Manager have reviewed the procedure for any additional required changes. Per the Council’s request, the attached amendment to Administrative Policies and Procedures item G-9 (Council Rules and Procedures) was circulated to the various commissions for their comments on standardization of the selection and appointment process for vacancies on boards, commissions, and committees. Below is a summary: Parks and Recreation Director Mark Mayer reported that the Parks and Recreation Commission, the Community Center Advisory Commission, the McDowell Mountain Preservation Commission had met and discussed this proposed amendment and had not provided any changes. However, the McDowell Mountain Preservation Commission requested that the essential skills/knowledge section (listed under Duties on the attached reference sheet) be expanded to include the following: conservation environmental studies and event planning. Those additions have been inserted in the reference sheet. Planning and Zoning Administrator Richard Turner provided the following Planning and Zoning Commission and the Board of Adjustment members comments. (i) 9.2(C) – Planning and Zoning Commissioner Forest expressed the opinion that the final sentence was redundant, Response: Staff disagrees. The proposed amendment requires that the Council choose the list of qualified applicants (up to 8) to interview if more than that number have been received, which is not addressed elsewhere in the document. (ii) 9.2(D) – Planning and Zoning Commissioner Forest requested that a member of the commission or board (for which there was a vacancy) participate in the interview process. Response: Staff disagrees. The Town Attorney is of the opinion that neither commissioners or board members should be involved in a Council’s executive session (iii) Chairman Nicholson (Board of Adjustment) questioned if the Council desired to reschedule the meeting days of the Board of Adjustment from the second Tuesday of the month. Response: The Town Attorney is of the opinion that the inclusive language is fine. However, the Council may want to consider this change at a later date if the purpose is to limit the Board of Adjustment to the second Tuesday of the month. document in tc 4-7-05 packet .obd Page 3 of 12 The Mayor also requested that a one-page Reference Sheet be created to allow Council members quick access to background information on the various commissions and the Board of Adjustment for distribution to any interested individuals. The front page of the Reference Sheet contains the applicant’s contact information, space for applicants to note their preferred area(s) of interest, and identifies where the form may be returned. This information would remain on file in the Clerk’s office so that a pool of qualified, interested, and willing volunteers may be established for such vacancies as they occur. Applicants would be contacted at the appropriate time to determine if there was still interest and availability to participate in the selection process to fill said vacancy as outlined in the attached amendment to the Council’s Rules of Procedure. The back page of the Reference Sheet describes the various groups’ duties, lists preferred essential skills/knowledge applicants should possess, the expiration dates of current commissioners or board members, and staff liaison contact information. This information would be reviewed and updated as necessary. Staff requests Council’s approval of the amendment to the Council Rules of Procedure as written. If approved, this amendment will ensure procedural consistency for those submitting applications for any board, committee, or commission vacancy will receive equitable consideration. CC: Town Attorney Andrew McGuire Enclosure: Proposed amendment to Administrative Procedures G-9 (Council Rules and Procedures) and reference sheet 9196.001\. . \2005-30 Council Rules amend.res.doc 3.31.2005-1 4 RESOLUTION NO. 2005-30 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS COUNCIL RULES AND PROCEDURES, ADDING A NEW SECTION 9, BOARDS, COMMISSIONS AND COMMITTEES. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Town of Fountain Hills Council Rules and Procedures are hereby amended to add a new Section 9, Boards, Commissions, and Committees, as follows: SECTION 9. BOARDS, COMMISSIONS, AND COMMITTEES The Fountain Hills’ Town Council may create such boards, commissions, and committees as deemed necessary to assist in the conduct of the operation of Town government. The Town Council may authorize and direct the Town Manager to establish ad hoc committees as needed in order to provide additional flexibility with regard to conducting Town business. 9.1 REGULARLY SCHEDULED OR UNSCHEDULED BOARDS, COMMISSIONS AND COMMITTEES A. All boards, commissions, and committees of the Town shall be classified as regularly scheduled or unscheduled boards, commissions, and committees. Regularly scheduled boards, commissions, and committees are those that meet on a regularly scheduled basis or may be quasi-judicial in nature. Unscheduled boards, commissions, and committees meet on an as-called basis. B. Regularly scheduled boards, commissions, and committees include: 1. Planning and Zoning Commission 2. Parks and Recreation Commission 3. McDowell Mountain Preservation Commission 4. Community Center Advisory Commission 5. Public Safety Advisory Commission C. Unscheduled boards, commissions, and committees: 1. Ad Hoc Committees 2. Board of Adjustment D. Other separate legal entities also address the needs of the town, including: 1. Municipal Property Corporation 2. Cottonwoods Improvement District 3. Cottonwoods Maintenance District E. Except for the Planning and Zoning Commission and Board of Adjustment, any board, commission, or committee created shall cease to exist (i) upon the accomplishment of the special purpose for which it was created or (ii) when abolished by a majority vote of the Town Council. 9196.001\. . \2005-30 Council Rules amend.res.doc 3.31.2005-1 5 9.2 RECOMMENDATIONS FOR APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES A. Staff shall maintain a master interview calendar that will anticipate vacancies for boards, commissions, and committees as listed under Section 9.1. Staff shall provide said calendar to the Council in order to provide councilmembers with advance knowledge of specific dates to be set aside for the purpose of interviewing board, commission, or committee applicants. The calendar will include the board, commission, or committee name, the expiration date of the term, the number of vacancies to be filled, the application submittal deadline, and the interview date. B. Staff will utilize the established council meeting dates in the following order as the dates from which to schedule the applicants’ interviews; the executive session will be scheduled prior to or in place of the established meeting date. (See sample master interview calendar attached.): • 2nd Tuesday of each month (work-study) • 1st Thursday of each month (council meeting) • 3rd Thursday of each month (council meeting) C. At a minimum, a quorum of the Fountain Hills Town Council will meet in executive session to review all applications submitted for advertised vacancies on boards, commissions, or committees prior to staff scheduling interviews with the qualified applicants in order to identify which qualified applicants will be interviewed. When more than eight (8) applications are received, the Town Council shall determine which qualified applicants shall be interviewed. D. A minimum of a quorum of the Fountain Hills Town Council shall interview those qualified applicants, which were selected by the Council, to fill the vacancies for boards, commissions, or committees based upon the applicants’ skills, experience, and background as required under Section 9.3 below. E. It shall be at the Fountain Hills Town Council’s discretion if additional applicants will be interviewed at the conclusion of the interviewing process. 9.3 SELECTION OF BOARDS, COMMISSION OR COMMITTEE MEMBERS A. The call for applications to fill vacant seats to boards, commission, and committees shall include a request for: 1. A cover letter of interest. 2. A resume. 3. The “Background and Personal Data Outline” application that describes the applicants’ skills, experience, and education background needed to ensure the successful filling of the vacancy. 4. Supplemental questionnaire specific to a board, commission, or committee application. 5. The consent to executive session form. B. At a minimum, staff liaisons shall be responsible for advertising to fill vacant seats to boards, commissions, and committees for at least two weeks and no later than two 9196.001\. . \2005-30 Council Rules amend.res.doc 3.31.2005-1 6 months, prior to the expiration of the current board, commission, or committee member(s) term, via: • The Town’s government access channel. • Newspaper advertising. • The Town website. • And the Town’s three official posting sites as listed in Section 2-4-3 in the Town Code. The staff liaison shall be responsible for submitting to the Town Clerk’s office the Affidavit of Established Posting. Information Technology services are to be requested to place said notice on the Town’s government access channel and website to meet the public notice requirements. The downloadable application packet will be placed on the Town’s website for public access. C. Advertisement of vacancies shall include the following: 1. The name of the board, commission, or committee. 2. The number of vacancies to be filled. 3. A brief description of the board, commission, or committee. 4. A brief description of the qualifications, skills and experience background applicants should possess, if any. 5. An overview of when the board, commission, or committee meet. 6. The deadline for submitting applications. 7. Listing of applicant information required and location where application packets may be obtained. 8. Interview date(s). 9. Staff liaison contact information. 10. The dates of publication in the local paper. D. Individuals applying for boards, commissions, or committees must fill out and submit the Town application form and provide a resume to the Town Clerk by the published deadline. The Town Clerk will forward the application packets received to the appropriate staff liaison following morning after the deadline. E. The staff liaison to the board, commission, or committee will assemble and copy all application packets and provide all supporting materials to the Town Council for review as outlined in Section 9.2(C) above. The Town Council shall interview those applicants who will best fill the current vacancy. The staff liaison will schedule an appropriate time to ensure that a quorum of the Town Council may interview in person, or via telephone, all qualified applicants for open seat(s). F. After the interviews have concluded a quorum of the Town Council shall discuss applicants’ qualifications and possible appointments for the same number of applicants, as there are vacancies. G. The staff liaison, in coordination with the Town Clerk, shall prepare an Agenda item for the next appropriate Town Council Meeting to fill open board, commission, or committee seat(s) to the Council. H. The staff liaison shall notify the appointee(s) that he/she is a possible candidate for appointment to a board, commission, or committee and suggest that they may want to be present at the scheduled meeting when the council appoints. 9196.001\. . \2005-30 Council Rules amend.res.doc 3.31.2005-1 7 I. Following Council appointment(s) to a board, commission, or committee, the staff liaison shall notify appointees in writing as to their appointment. Those applicants not chosen to fill a vacancy on a board, commission, or committee, will be provided written notification prepared by the staff liaison outlining the Council’s appointments. J. The staff liaison will provide specific details to the new appointees to ensure their attendance at the “official” board, commission, or committee orientation; that new appointees take their “oath of office” prior to attending their first board, commission, or committee meeting; the staff liaison will provide official literature, agendas, minutes, or other materials specific to their appointment. 9.4 QUALIFICATIONS FOR APPOINTMENTS; EMPLOYEES OR APPOINTED OFFICERS AS MEMBERS A. All members of boards, commissions, and committees shall meet the following minimum qualifications upon their appointment to any board, commission, or committee. Each member must be: 1. Eighteen years of age or older, for any board, commission, or committee seats, designated by Town Council; except for members appointed to Youth Commissioner position for youth representation. 2. A Fountain Hills’ resident for at least one year, unless the Town Council specifically waives this time or residency requirement for a specific board, commission or committee. 3. A registered voter, except youth appointees. B. Town employees or appointed officers shall not be eligible for appointment to any board, commission, or committee but may be requested to provide staff support thereto. Council Members are prohibited from serving on regularly scheduled commissions as listed in Section 9.1(B) above and the Board of Adjustment. C. Pursuant to the Fountain Hills Town Code, 9-2-7, the Mayor, with the consent of the Council, may from time to time appoint ex-officio members to the commission (Parks and Recreation Commission). Such members shall serve at the pleasure of the Mayor and Council. Ex-officio members shall not be entitled to vote on any matter brought before the commission. 9.5 TERMS, VACANCIES, REMOVAL A. All members of unscheduled boards, commissions, and committees shall serve a term of up to three years, or until the board, commission, or committee is dissolved, unless Town Council action, Town Code, or Arizona Revised Statutes specifically designates terms. B. For those regularly scheduled boards, commissions, and committees having five (5) members or fewer, the terms of office shall be staggered so that no more than three (3) terms shall expire in any single year when possible; provided, however, that no staggering of terms shall be required for any boards, commission, or committee that will be in existence for a single term. C. For those boards, commissions, and committees having more than five (5) members but less than eight (8) members, the terms of office shall be staggered so that no more than 9196.001\. . \2005-30 Council Rules amend.res.doc 3.31.2005-1 8 four (4) terms shall expire in any single year when possible; provided, however, that no staggering of terms shall be required for any board, commission, or committee that will be in existence for a single term. D. No individual may serve as a voting member on more than two regularly scheduled or unscheduled boards, commissions, and committees at one time. E. A vacancy on a board, commission, or committee shall be deemed to have occurred upon the following: 1. Death or resignation of a member of a board, commission, or committee. 2. A member ceasing to be a resident of the Town of Fountain Hills, unless the Town Council has provided that such member may be a non-resident. 3. Three successive unexcused or unexplained absences by a member from any regular or special board, commission, or committee meetings. However, the term of all members shall extend until their successors are appointed and qualified. F. Any board, commission, or committee member may be removed as a member to that board, commission, or committee upon a vote of not less than four Council Members for any reasonable cause as determined by the Town Council. G. Whenever a vacancy has occurred on one board, commission, or committee procedures described in Section 9.3 above will be used to generate applicants, interview applicants, and make a recommendation for a potential appointee. H. An incumbent member of a board, commission, or committee seeking reappointment shall submit a new application under the provisions set forth in Section 9.3 above and shall be considered for appointment by the Town Council in the same manner as all other applicants for such position. 9196.001\. . \2005-30 Council Rules amend.res.doc 3.31.2005-1 9 9.6 APPLICABILITY OF THE ARIZONA OPEN MEETING LAW All boards, commissions, and committees are subject to the Arizona Open Meeting Law. 9.7 RESIDENCY REQUIREMENTS Members of the Planning and Zoning Commission and Board of Adjustment shall be residents of the Town. Members of the Parks and Recreation Commission, McDowell Mountain Preserve Commission, Community Center Advisory Commission, and Public Safety Advisory Commission should be residents of the Town of Fountain Hills. Any other boards, commissions, or committees may have members who are not residents of the Town of Fountain Hills at the discretion of the Town Council; provided, however, that the majority of the members of any such board, commission, or committee should be residents, business owners, or property owners in the Town of Fountain Hills. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, April 7, 2005. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: W. J. Nichols, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney Document in TC 4-7-05 Packet .obd 4/4/2005 Page 10 of 12 TOWN OF FOUNTAIN HILLS BOARDS, COMMISSIONS, AND COMMITTEES Applicant Information Sheet and Board and Commissions Reference Sheet I wish to be contacted when there is an opening on the following boards, commissions, or committees: I am interested in submitting an application for: Name (please print): Address: Mailing Address, if different than listed above: Phone Number: Cell Phone Number: E-mail Address: Best Time to Contact: Date signed Signature Please return the completed form to: Town of Fountain Hills Town Clerk’s Office 16836 E. Palisades Blvd., Building A Fountain Hills, AZ 85268 If returning by mail, send to: Town of Fountain Hills Town Clerk’s Office P.O. Box 17958 Fountain Hills, AZ 85269 Document in TC 4-7-05 Packet .obd 4/4/2005 Page 11 of 12 BOARD AND COMMISSIONS – REFERENCE SHEET TERM LENGTH TERM EXPIRES P & Z COMMISSION (Meets 2nd and 4th Thursdays each month) - Staff: P & Z Administrator Richard Turner, Asst. Janice Baxter/480-816-5122 Commissioners (3) 2 years 9/2005 Commissioners (4) 2 years 9/2006 Duties: Commissioners serve in an advisory role to the Town Council. Commissioners formulate, create, and administer any lawful plan with regard to land use and buildings. See Town Code Chapter 2, Article 2-7. Essential skills/knowledge in one or more of the following fields preferred: real estate, land use planning, land development, architecture, engineering, geography, hydrology, past experience serving on a planning commission, or city/town council. To avoid conflicts of interest individuals involved in Fountain Hills land development or real estate should not apply. PARKS& RECREATION COMMISSION (Meets 2nd Monday each month – except holidays, then Tues.) - Staff: Dir. Mark Mayer, Exec. Asst. Michelle Carlson/480-816-5152 Commissioner (4) 3 Years 12/2005 Youth Commissioner (1) 1 Year 12/2005 Commissioners (3) 3 Years 12/2006 Duties: Commissioners serve in an advisory role to the Town Council and Town Manager in parks and recreation matters. See Town Code Chapter 9., Section 9-2-2. Essential skills/knowledge in one or more of the following fields preferred: recreation, land planning, and park design. To avoid a conflict of interest current athletic board members should not apply. BOARD OF ADJUSTMENT (Meets as needed) - Staff: P & Z Administrator Richard Turner, P&Z Asst. Janice Baxter/480-816-5122 Board member (1) 2 years 6/2005 Board members (2) 2 years 1/2006 Board members (2) 2 years 1/2007 Duties: Board members hear appeals concerning the interpretation or administration of the zoning code, hear and decide appeals for variances from the terms of the zoning code as outlined in Chapter 2, Section 2-8, of the Town Code. Essential skills/knowledge in one or more of the fields as listed for the Planning and Zoning Commission is preferred. MCDOWELL MOUNTAIN PRESERVATION COMMISSION (Meets 1st and 3rd Tuesday each month) - Staff: Parks and Recreation Dir. Mark Mayer, Receptionist Janet Burrill/480-816-5252 Commissioners Do Not Have “Date Specific” Term Expirations at this time. Established term limits to be determined. Duties: Commissioners serve in an advisory role to the Town Council providing recommendations regarding issues and programs relating to the McDowell Mountains Preserve within Fountain Hills as outlined in Res. 1998-50. Essential skills/knowledge in one or more of the following fields preferred: land planning and design, trail construction, engineering, conservation, environmental studies, and event planning. COMMUNITY CENTER ADVISORY COMMISSION (Meets 3rd Monday each month) – Staff: P & R Dir. Mark Mayer, Admin. Asst. Nancy Walter/480-816-5148. Commissioners (3) 2 years 12/2005 Commissioners (4) 2 years 12/2006 Duties: Commissioners serve in an advisory role to the Town Council for research, study, and discussion of specific issues relating to maximizing the utilization and services of the Community Center; assist staff in formulating policy recommendations and rental agreements; act as liaison for the resident and local organizations that use the Center. Essential skills/knowledge in one or more of the following fields are preferred: public facilities operations, hospitality industry, event planning, conference planning, and tourism. PUBLIC SAFETY ADVISORY COMMISSION (Meets 1st Wednesday of the 3rd month each quarter) – Staff: Town Manager Pickering, Exec. Asst. Shaunna Williams/480-816-5107 Document in TC 4-7-05 Packet .obd 4/4/2005 Page 12 of 12 Commissioner (1) 2 years 12/2005 Commissioner (1) 1 year 12/2005 Commissioner (4) 2 years 12/2006 Commissioner (1) 1 years 12/2006 Duties: Commissioners serve in an advisory role to the Town Council (through the Town Manager) providing recommendations and research as requested by the Town Manager or Town Council for determining the focus and goals of the Town’s law enforcement and fire and emergency medical services; enlisting community support for the Town Council’s public safety policies and programs; assisting in establishing community partnerships to educate the community regarding the needs and goals of the Town, as identified by departments. Essential skills/knowledge in one or more of the following fields are preferred: emergency services, law enforcement, or fire service. Document in TC 4-7-05 Packet .obd Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 4/7/05 Submitting Department: Public Works Contact Person: Tom Ward Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Finance Regular Agenda Wording: Consideration of RESOLUTION 2005-23 abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easements located at the northeasterly property line of Plat 605C, Block 1, Lot 10 (11039 N. Pinto Drive) as recorded in Book 164 of Maps, Page 14 Records of Maricopa County, Arizona. EA05-04 (Coup) Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Request for abandonment submitted February 1, 2005. List All Attachments as Follows: Staff memo, resolution and abandonment exhibit Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager Document in TC 4-7-05 Packet .obd TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: February 12, 2005 FR: Art Candelaria, Civil Engineer Randy Harrel, Town Engineer Reviewed: Tom Ward, Director of Public Works RE: Easement Abandonment - EA05-04 11039 N. Pinto Drive Plat 605C, Block 1, Lot 10 This item on the Town Council's agenda is a proposal to abandon portions of the ten (10’) foot public utility and drainage easements located at the northeasterly property line of Plat 605C, Block 1, Lot 10, (11039 N. Pinto Drive) as shown in Exhibit “A”. The property owners desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. All affected utility companies have been notified of this abandonment proposal and have approved the proposed abandonment of this public utility easement. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 10 are required to pass the developed flows generated by the upstream lots across their property. Staff recommends approval of Resolution 2005-23. Enc: Resolution Exhibit C: Brian & Kristy Coup Adjacent Property Owners Document in TC 4-7-05 Packet .obd RESOLUTION 2005-23 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN PORTIONS OF THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS AT THE NORTHEASTERLY PROPERTY LINE OF PLAT 605C, BLOCK 1, LOT 10, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 164 OF MAPS, PAGE 14 RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the governing body of real property located in the Town of Fountain Hills (the “Town”), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That portions of the certain ten (10’) foot public utility and drainage easement, located along the northeasterly property line of Plat 605C, Block 1, Lot 10, Fountain Hills, as recorded in Book 164 of Maps, Page 14 records of Maricopa County, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. [SIGNATURES ON FOLLOWING PAGE] Document in TC 4-7-05 Packet .obd PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, April 7, 2005. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: W. J. Nichols, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney Document in TC 4-7-05 Packet .obd Document in TC 4-7-05 Packet .obd Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 4/7/05 Submitting Department: Public Works Contact Person: Tom Ward Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Finance Regular Agenda Wording: Consideration of RESOLUTION 2005-24 abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easements located at the northerly property line of Plat 505D, Block 2, Lot 13 (16821 N. Sourdough Place) as recorded in Book 158 of Maps, Page 41 Records of Maricopa County, Arizona. EA05-05 (Merrell) Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Request for abandonment submitted February 3, 2005. List All Attachments as Follows: Staff memo, resolution and abandonment exhibit Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager Document in TC 4-7-05 Packet .obd TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: March 3, 2005 FR: Art Candelaria, Civil Engineer Randy Harrel, Town Engineer Reviewed: Tom Ward, Director of Public Works RE: Easement Abandonment - EA05-05 16821 N. Sourdough Place Plat 505D, Block 2, Lot 13 This item on the Town Council's agenda is a proposal to abandon a portion of the twenty (20’) foot public utility and drainage easements located at the northerly property line of Plat 505D, Block 2, Lot 13, (16821 N. Sourdough Place) as shown in Exhibit “A”. The property owners desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. All affected utility companies have been notified of this abandonment proposal and have approved the proposed abandonment of the northerly public utility easement. (SRP had not approved abandonment of the easterly PUE, but will allow encroachment into it.) Staff has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Division that there is no need for the Town to retain the northerly drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 13 are required to pass the developed flows generated by the upstream lots across their property. (The easterly drainage easement should be retained for a potential future drainage channel or pipe outletting to Hesperus Wash. Street drainage down gradient from this location has been an issue in the past, due to the relatively flat street grade on the road.) This is the farthest northwest access to Hesperus Wash and drainage maintenance access rights need to be maintained. The Town will allow a fence along the easterly easement provided that a ten foot wide gate (minimum) is provided both front and rear (with provision for a Town lock on the new rear gates). Other encroachment(s) into this easterly drainage easement will be considered by Town staff on a case-by-case basis. Staff recommends approval of Resolution 2005-24. Enc: Resolution Exhibit C: Terry Merrell Adjacent Property Owners Document in TC 4-7-05 Packet .obd RESOLUTION 2005-24 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN PORTIONS OF THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS AT THE NORTHERLY PROPERTY LINE OF PLAT 505D, BLOCK 2, LOT 13, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 158 OF MAPS, PAGE 41 RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the governing body of real property located in the Town of Fountain Hills (the “Town”), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That portions of the certain twenty (20’) foot public utility and drainage easement, located at the northerly property line of Plat 505D, Block 2, Lot 13, Fountain Hills, as recorded in Book 158 of Maps, Page 41 records of Maricopa County, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. [SIGNATURES ON FOLLOWING PAGE] Document in TC 4-7-05 Packet .obd PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, April 7, 2005. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: W. J. Nichols, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney Document in TC 4-7-05 Packet .obd Document in TC 4-7-05 Packet .obd Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 4/7/05 Submitting Department: Public Works Contact Person: Tom Ward Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Finance Regular Agenda Wording: Consideration of RESOLUTION 2005-25 abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easements located at the northerly and easterly property line of Plat 602A, Block 1, Lot 30 (15610 E. Cavern Drive) as recorded in Book 161 of Maps, Page 42 Records of Maricopa County, Arizona. EA05-06 (Carlson) Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Request for abandonment submitted February 11, 2005. List All Attachments as Follows: Staff memo, resolution and abandonment exhibit Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager Document in TC 4-7-05 Packet .obd TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: March 15, 2005 FR: Art Candelaria, Civil Engineer Randy Harrel, Town Engineer Reviewed: Tom Ward, Director of Public Works RE: Easement Abandonment - EA05-06 15610 E. Cavern Drive Plat 602A, Block 1, Lot 30 This item on the Town Council's agenda is a proposal to abandon portions of the ten (10’) foot public utility and drainage easements located at the northerly property line of Plat 602A, Block 1, Lot 30, (15610 E. Cavern Drive) as shown in Exhibit “A”. The property owners desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. All affected utility companies have been notified of this abandonment proposal and have approved the proposed abandonment of this public utility easement. A 10’x10’ public utility easement should be granted at the southwest corner of the property for existing and potential future utility boxes. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 30 are required to pass the developed flows generated by the upstream lots across their property. Staff recommends approval of Resolution 2005-15, subject to the following stipulation: • Grant a 10’x10’ public utility easement at the southwest corner of the property. Enc: Resolution Exhibit C: Greg and Olga Carlson Adjacent Property Owners Document in TC 4-7-05 Packet .obd RESOLUTION 2005-25 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN PORTIONS OF THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS AT THE NORTHERLY PROPERTY LINE OF PLAT 602A, BLOCK 1, LOT 30, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 161 OF MAPS, PAGE 42 RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the governing body of real property located in the Town of Fountain Hills (the “Town”), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That portions of the certain ten (10’) foot public utility and drainage easement, located at the northerly property line of Plat 602A, Block 1, Lot 30, Fountain Hills, as recorded in Book 161 of Maps, Page 42 records of Maricopa County, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. [SIGNATURES ON FOLLOWING PAGE] Document in TC 4-7-05 Packet .obd PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, April 7, 2005. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: W. J. Nichols, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney Document in TC 4-7-05 Packet .obd 9196.001\. . \05-03 Tax Ord.memo.doc 4.1.2005-1 Town of Fountain Hills Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 4/07/05 Submitting Department: Administration Contact Person: Julie Ghetti Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Finance Regular Agenda Wording: CONSIDERATION of ORDINANCE 05-03 amending Section 8A-446 of the Tax Code to include language specific to commercial rental activity that is currently being taxed at 2.6%, with an effective date of April 1, 2004. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: The Town Council amended Section 8A-445 of the tax code eliminating the sales tax exemption on residential rentals with the increased revenues to be dedicated to capital project programs. The Council enacted a 1.6% rate, which was less than the enacted rate of 2.6%. Having two tax rates within the tax code requires the approval of the Municipal Tax Code Commission; the MTCC heard the case and granted approval as a technical correction on February 18, 2005. Ordinance 05-03 ratifies the two tax rates by amending Section 8A-446 with an effective date of April 1, 2004. List All Attachments as Follows: Interoffice Memorandum, Ordinance 05-03. Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ District Manager / Designee 9196.001\. . \05-03 Tax Ord.memo.doc 4.1.2005-1 2 TOWN OF FOUNTAIN HILLS FINANCE DEPARTMENT INTER OFFICE MEMO TO: Honorable Mayor and Town Council DT: April 4, 2005 THROUGH: Timothy Pickering, Town Manager FR: Julie A. Ghetti, MPA,CPA,CGFM RE: Ordinance 05-03, Amendment to Fountain Hills Tax Code On January 15, 2004 the Town Council adopted Ordinance 04-03 amending section 8A-445 of the Fountain Hills Tax Code. The ordinance eliminated the exemption on residential rentals with the increased revenues to be dedicated to capital project programs and an effective date of April 1, 2004. The ordinance was prepared by the League of Cities and Towns and presented to the Town Council. The staff recommendation was for rentals to be taxed at the 2.6% rate; however, during the public meeting the Council amended the ordinance to change the rate to 1.6%. The ordinance, therefore, was adopted without the special language needed to maintain the 2.6% rate on commercial rentals and allow a different rate for residential rentals. The two tax rates have been included in the Arizona Department of Revenue monthly forms to taxpayers and Fountain Hills’ taxpayers were properly advised of the tax change. The proposed code change, however, needed the approval of the Municipal Tax Code Commission (MTCC), which was granted on February 18, 2005. Attached is the Ordinance that will amend the Tax Code language needed in Section 8A-446 clarifying that the Council maintained the 2.6% rate for commercial rentals. The approval was granted as a technical correction therefore, the Ordinance maintains the effective date of April 1, 2004. Staff is recommending approval of Ordinance 05-03 and would be happy to answer any questions the Council may have. Attachments: Ordinance 05-03 9196.001\. . \05-03 Tax Ord.memo.doc 4.1.2005-1 3 ORDINANCE NO. 05-03 AN ORDINANCE OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN TAX CODE TO INCORPORATE A TECHNICAL CORRECTION RELATING TO NONRESIDENTIAL RENTAL BUSINESS ACTIVITY. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”) adopted Ordinance No. 04-03 on January 15, 2004, amending section 8A-445 of the Fountain Hills Tax Code eliminating the tax exemption for residential rental activity; and WHEREAS, the Town Council determined that the appropriate tax rate was 1.6% for residential rentals, but did not address the existing nonresidential business activity rate of 2.6%; and WHEREAS, two tax rates have been included in the Arizona Department of Revenue monthly forms to taxpayers and Fountain Hills taxpayers were properly advised of the tax change; and WHEREAS, a technical correction to the Fountain Hills Tax Code is needed to codify the different tax rates for commercial and residential rentals; and WHEREAS, The Municipal Tax Code Commission approved the technical correction to the Fountain Hills Tax Code on February 18, 2005. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the Fountain Hills Tax Code, Article 4, Determination of Gross Income, Section 8A-446, Additional Tax on Nonresidential Rental Business Activity, is hereby amended to incorporate a technical correction to read as follows: Section 8A-446. (Reserved) ADDITIONAL TAX ON NONRESIDENTIAL RENTAL BUSINESS ACTIVITY. IN ADDITION TO THE TAXES LEVIED UNDER SECTION 8A-445, THERE IS HEREBY LEVIED AND SHALL BE COLLECTED BY THE TAX COLLECTOR AN ADDITIONAL TAX IN THE AMOUNT EQUAL TO ONE PERCENT (1%) OF THE GROSS INCOME FROM THE BUSINESS ACTIVITY OF ANY PERSON ENGAGED IN THE RENTAL, LEASING OR LICENSING OF NONRESIDENTIAL PROPERTY OR PROPERTY UNITS. SECTION 2. Any person found guilty of violating any provision of this Ordinance shall be guilty of a class 1 misdemeanor. 9196.001\. . \05-03 Tax Ord.memo.doc 4.1.2005-1 4 SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 4. The provisions of this Ordinance shall be effective beginning April 1, 2004. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, April 7, 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\. . \2005-26 FHUSD.res.doc 3.21.2005-1 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: April 7, 2005 Submitting Department: Parks and Recreation Contact Person: Mark Mayer 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: Consider Approval of an Intergovernmental Agreement between the Town and USD#98 for the Sharing of Facilities Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: An Intergovernmental Agreement has been in place for a number of years. The IGA under consideration simply updates the agreement by adding facilities that have been completed within the last few years. These facilities include the Middle School for the District and the Community Center for the Town. Under the agreement both entities would have use of each others facilities without incuring costs. The agreement has worked well for both parties for a number of years and the updated version has been reviewed by the Town Attorney's Office and has been approved recently by the School Board. The proposed agreement would be in place for two years and be subject to review and renewal for an additional two years for a total of four years. List All Attachments as Follows: Intergovernmental Agreement Type(s) of Presentation: None Signatures of Submitting Staff: 9196.001\. . \2005-26 FHUSD.res.doc 3.21.2005-1 ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager 9196.001\. . \2005-26 FHUSD.res.doc 3.21.2005-1 INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT NO. 98 THIS INTERGOVERNMENTAL AGREEMENT (this “Agreement”) is made as of ______________, 2005, by and between the Fountain Hills Unified School District No. 98, a political subdivision of the State of Arizona (the “District”) and the Town of Fountain Hills, an Arizona municipal corporation (the “Town”). RECITALS A. ARIZ. REV. STAT. §§ 11-951 and 11-952 authorize intergovernmental agreements by and between political subdivisions and political agencies such as the District and the Town. Further, the District is authorized by ARIZ. REV. STAT. §§ 15-342.13 and the Town is authorized by Town Code § 2-1-2 to enter into intergovernmental Agreements. B. The Town, from time to time, wishes to utilize District facilities for public meetings and recreational and physical development programs and activities and the District wishes to utilize facilities of the Town for the conduct of public meetings and recreational and physical development programs and activities. C. The parties hereto desire to make their respective facilities available for such use by each other as permitted by law and under terms and conditions set forth herein. D. The Town and the District have previously entered into the following intergovernmental agreements with respect to shared use of facilities: (i) September 11, 1994 (dealing with general use of facilities); (ii) November 2, 1995 (dealing with the Four Peaks Elementary School Athletic Field); (iii) October 23, 1996 (dealing with the Palisades Basketball Courts); and (iv) July 24, 2000 (merging of preexisting IGA’s)(collectively, the aforementioned intergovernmental agreements are referred to herein as the “Prior Intergovernmental Agreements”). The parties desire to “merge” and supercede those Prior Intergovernmental Agreements into this single Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, and the promises and covenants set forth below, the parties hereby agree as follows: 1. Term; Termination. This Agreement shall be effective pursuant to ARIZ. REV. STAT. § 11-952G on the date it is recorded in the office of the Maricopa County Recorder and shall remain in full force and effect for a period of two years thereafter. This Agreement may thereafter be reviewed and renewed for additional two-year periods by appropriate act of the respective governing bodies. The parties agree that this Agreement may be terminated by either party for any reason and without the statement of cause simply upon delivery of written notice of 9196.001\. . \2005-26 FHUSD.res.doc 3.21.2005-1 intention to terminate delivered to the other party 180 days prior to the actual date of termination. This Agreement is subject to cancellation pursuant to ARIZ. REV. STAT. § 38-511. 2. Applicability; Prior Agreements. The Prior Intergovernmental Agreements are hereby terminated by mutual agreement of the parties hereto, without additional notice or other action, and superseded in all respects by the terms and conditions of this Agreement. This Agreement shall apply to facilities in addition to those subject to the aforementioned Prior Intergovernmental Agreements. The Town property subject to this Agreement includes certain facilities located at the following: Parcel “A” of the Four Peaks Elementary School site, as depicted on the survey completed by Project Engineering Consultants, Ltd., dated May 30, 1997(the “Parcel A”), Four Peaks Neighborhood Park, Desert Vista Park, Golden Eagle Park, Fountain Park and the Fountain Hills Community Center (collectively referred to herein as the “Town Facilities”). The District property subject to this Agreement includes certain facilities located at the following: Four Peaks Elementary, McDowell Mountain Elementary, and Fountain Hills High School and Middle School, commonly known as multipurpose rooms, gymnasiums, football, baseball, softball, and soccer fields, lecture halls, team rooms, libraries and exterior basketball courts (collectively referred to herein as the “District Facilities”). 3. Joint Use of Facilities. The Town wishes to make the Town Facilities available to the District and the District wishes to make the District Facilities available to the Town, including space upon and within existing properties and buildings as well as that involving new facilities, for reciprocal use for various public purposes including, but not limited to recreational programs, public meetings of councils, boards and commissions, and similar public functions and educational programs. By way of example, the School District wishes to make certain physical facilities at Four Peaks Elementary, McDowell Mountain Elementary, and Fountain Hills High School and Middle School known as multipurpose rooms, gymnasiums, football, baseball, softball, and soccer fields, lecture halls, team rooms, libraries and exterior basketball courts, available to the residents of the Town for use during after-school hours, District recesses, District holidays, District vacation days, and on weekends. Similarly, the Town wishes to make certain physical facilities located at Four Peaks Neighborhood Park, Desert Vista Park, Golden Eagle Park, Fountain Park and Fountain Hills Community Center available to the use of the School District, such as a lighted baseball, softball and soccer fields, control buildings with restrooms, ramadas, bleachers, a span bridge (pedestrian footbridge) and botanical walkways, meeting rooms, ball rooms and kitchen facilities. In addition to the foregoing, the parties hereby agree to such additional facility use as set forth below: a. Community Center. Rooms at the Fountain Hills Community Center may be reserved by either the High School Athletic Director or District Office personnel without fee for up to 15 events per school year; provided, however, that the Town shall have priority in scheduling the Community Center Facilities. b. Palisades Basketball Courts. The Town shall be responsible for the scheduling and use of the basketball courts at all times during evenings, District recesses, vacation days and weekends. The School District shall have exclusive rights of use at other times, and shall have priority for school-related functions at any time. The School District acknowledges and understands that the Town may, in fact, charge an incidental fee to users of the facility for the use of the lights, but that the fee is not a rental for the use of the School property. The Town shall be solely responsible for all costs associated with installation, 9196.001\. . \2005-26 FHUSD.res.doc 3.21.2005-1 operation, and maintenance of the lights during the term of this Agreement. The Town shall retain ownership of the lights for the term of the Agreement, and if the Agreement is either terminated or not renewed for any reason, then the Town shall have 180 days from the date of such termination within which to remove the lights from the campus. Should the Town elect not to remove the lights from the campus within said 180 days, then the lights shall become the property of the School District. The School District shall make available to the Town and maintain its parking facilities during the after-school, evening and vacation days upon which the basketball courts are being used by the Town at no additional charge to the Town. The School District shall be solely responsible for the maintenance, cleanliness and safety of the court surface, poles, rims, and netting, and shall maintain them in a manner to ensure that the courts will be useable for nighttime activity. The maintenance of the courts shall be equal to that which is provided by the Town at Golden Eagle Park Courts. c. Four Peaks Elementary School Athletics Field. The School District will retain rights of use without payment of fees of the Four Peaks Athletic Field during school hours between 8:00 A.M. and 3:30 P.M. d. Parcel A. With respect to the lighted soccer field and other facilities on Parcel A, the School District shall have a right to use the property and any improvements thereon during all school days and for scheduled after-school activities, as approved and scheduled by the Town, without payment of fees to the Town. The Town shall be solely responsible for all costs associated with the installation, operation and maintenance of the soccer field lights and other utilities applicable to Parcel A during the existence of this Agreement. The Town shall be responsible for the schedule and use of the field at all times. The Town shall be totally responsible for the maintenance of the soccer field and shall maintain it in the standard and to such a degree that the field will be useable for nighttime activity. The maintenance of the field shall be equal to that being provided by the Town at Golden Eagle Park. 4. Facility Use; Scheduling. Except as otherwise specifically provided herein, usage of each party’s facilities will occur with the mutual consent and agreement of the Town and School District; the terms and conditions of such usage may include times, dates, areas and/or buildings to be used, along with specific provisions for the allocation of responsibility for fees, oversight, maintenance, operation and other issues incident to the use of the facilities. The School District will submit its one hundred eighty (180) day schedule (District calendar) to Town as soon as reasonably practicable to aid in advance coordination of facility use. However, nothing herein shall be construed to bar the submission of a scheduling request upon shorter notice. The Town will provide to the School District its schedule for facilities covered by this Agreement to aid in achieving timely coordination of events scheduled by the Town. The usage schedules for each party’s facilities are controlled and/or approved by the Town Manager and the District Superintendent. The Manager and Superintendent will work together to resolve any issues specific to these responsibilities or procedures. 5. Supervision. The Town and the School District will provide adequate adult supervision for any program or activity one party conducts on the other party’s premises. The party conducting the activity shall have the sole responsibility for the conduct and control of the program or activity being conducted on the other party’s premises. 9196.001\. . \2005-26 FHUSD.res.doc 3.21.2005-1 6. Field Lighting. The Town understands and acknowledges that it shall be responsible for, and use its best efforts to correct, any complaints or problems that may arise from neighbors or surrounding property occupants concerning the use of lights on athletic fields during evening hours. The Town also agrees to indemnify and defend any and all claims or litigation that may arise as a result of complaints or problems filed by neighbors or surrounding property occupants, or otherwise arising from the use of athletic fields or facilities scheduled by the Town during the term of this Agreement. 7. Maintenance. Any facility used by either the Town or the School District shall be left in an orderly and clean condition at the conclusion of the activity by the party using the facility. Any damage, other than the normal wear and tear, done to any building or other facility shall be repaired and/or replaced, as appropriate, by the party responsible for the damage. 8. Insurance. The parties hereto agree to secure and maintain insurance coverage for any risks which may arise out of the terms, obligations, operation and actions provided in this Agreement. The parties to this Agreement shall provide to each other a Certificate of Insurance or a Declaration of Self Insurance indicating as a minimum the following coverage: a. Comprehensive general liability coverage including, but not limited to, blanket contractual liability, personal injury liability and broad form property damage. The minimum amount for such coverage shall be $1,000,000.00 combined single limit. b. As to the employees of each of the parties a Certificate or other evidence indicating that the employees are covered for claims arising out of Workers Compensation as required by the law of the State of Arizona. c. The Certificate of Insurance or Memorandum of Self Insurance shall indicate that the other party is named as “additionally insured” pursuant to the provisions of this Agreement. 9. Indemnity. In addition to the insurance provisions set forth above, each party hereby also agrees to indemnify and hold harmless the other, including elected officials, officers, administrators or employees from any and all liability resulting from personal injury or death or damage to property of third parties arising out of the use of the facilities, for claims alleging the negligence or intentional acts of the elected officials, officers, administrators or employees of the party which did not sponsor or schedule the event as to which such claims are made and as to which the indemnifying party was the sponsor or scheduling entity. 10. Annual Budgets. The parties agree and acknowledge that each party has fiscal responsibilities in connection with this Agreement. The governing bodies shall, pursuant to the budget laws of the State of Arizona, make every effort to annually include in their operating budgets sufficient funds for the performance of their mutual obligations contained herein. 11. Dispute Resolution. The parties agree that if there is a dispute as to the terms and conditions of this Agreement, or a dispute as to the terms and conditions or the relative equity of the operation and use of a facility or athletic field, the Superintendent of the School District and the Town Manager shall meet and attempt to resolve any disputes or concerns prior to the matter coming before the Governing Board or Council of the respective bodies. 9196.001\. . \2005-26 FHUSD.res.doc 3.21.2005-1 12. Posting Information. The parties agree that it’s in the best interests of both that the exchange and distribution of materials with information for the public regarding respective programs, classes, athletic events, etc. should occur. Therefore, both agree to the posting and/or distribution of information to students and/or the public be provided by either party as may be requested. TOWN OF FOUNTAIN HILLS FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT NO. 98 _____________________________ _______________________________ W. J. Nichols, Mayor Danna Saar, President Fountain Hills School Board ATTEST: ATTEST: _____________________________ _______________________________ Bevelyn J. Bender, Town Clerk Secretary of the School Board REVIEWED BY: REVIEWED BY: _____________________________ _______________________________ Timothy G. Pickering, Town Manager Dr. Marian K. Hermie, Superintendent PURSUANT TO the provisions of ARIZ. REV. STAT. § 11-952.D., this Agreement has been submitted to and approved by the attorney for each of the public agencies who certify that, with respect to their respective clients only, the Agreement is in proper form and it is within the powers and authorities granted under the laws of this State to the School District and Town. Andrew J. McGuire, Town Attorney Attorney for District 9196.001\. . \2005-26 FHUSD.res.doc 3.21.2005-1 RESOLUTION NO. 2005-26 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT NO. 98 FOR SHARED FACILITY USE. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Intergovernmental Agreement between the Town of Fountain Hills (the “Town”) and Fountain Hills Unified School District No. 98 (the “District”), relating to shared use of District and Town facilities (the “Agreement”) is hereby approved in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to cause the execution of the Agreement. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, April 7, 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 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 04/7/05 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 approving the PRELIMINARY AND FINAL PLAT for "Sabinas Estates Condominiums", a 2-unit condominium project, located at 16927 E. Sabinas Drive, aka Lot 4, Block 4, Plat 105. Case #S2005-03. 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. On March 24, 2005, the Planning and Zoning Commission recommended approval of S2005-03, Preliminary Plat, "Sabinas Estates 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 MAYOR AND TOWN COUNCIL MEMO TO: Mayor and Town Council DT: April 7, 2005 FR: Kate Zanon, Planner THR: Richard Turner, AICP Planning and Zoning Administrator RE: Case # S2005-03; Preliminary and Final Plat, “Sabinas Estates Condominiums.” LOCATION: 16927 East Sabinas Drive, aka Lot 4, Block 4, Final Plat 105. REQUEST: Consideration of the Preliminary and Final Plat for, "Sabinas Estates Condominiums", a 2-unit condominium project. DESCRIPTION: OWNER: Gary Dee APPLICANT: Gary Dee EXISTING ZONING: “R-2” EXISTING CONDITION: constructed LOT SIZE: 12,246 square feet (.28 acres) SURROUNDING LAND USES AND ZONING: NORTH: Single Family home; zoned “R-2” SOUTH: Single Family home; zoned “R1-8” EAST: Single Family home; zoned “R-2” WEST: Duplex; zoned “R-2” SUMMARY: This request is for approval of the Preliminary and Final Plat, "Sabinas Estates 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, Gary Dee, has chosen to convert a two-unit residential complex and record a Declaration of Condominium to sell the units individually. The units have a maximum livable area of 2,171 square feet and a minimum livable area of 1,100 square feet. Unit A has a 2-car garage and unit B has single car garage as well, both units have covered entries and covered patios. The property has a legal non- conforming building, as it respects pre-existing building setbacks for the “R-2” 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 S2005- 03, at the March 24, 2005 meeting with the stipulation by Staff. Staff recommends approval of S2005-01; Preliminary and Final Plat, “Sabinas Estates Condominiums, with the condition that the applicant remove the LCE notations and associated dimensions from the Plat shown at the rear of the property. The yard is not a fixture of either unit as defined in §33-1212 of the Arizona Revised Statutes. Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 4/7/05 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: CONSIDERATION of approving the PRELIMINARY AND FINAL PLAT for “Sherwood Villas Condominiums”, a 2-unit condominium project, located at 14461 Sherwood Drive, aka, Lot 7, Block 12, Plat 104. Case #S2005-02. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: This request is for approval of the Preliminary and Final Plat "Sherwood Villas 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 Planning Commission unanimously recommended the Council approve the Preliminary Plat at their March 24, 2005 meeting. List All Attachments as Follows: Staff Report; Application & Final Plat reduction Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager / Designee TOWN OF FOUNTAIN HILLS PLANNING & ZONING DIVISION STAFF REPORT TO: Mayor Nichols & Town Council MTG DT: April 7, 2005 FR: Dana Burkhardt, AICP, Senior Planner THRU: Richard Turner, AICP, Planning & Zoning Administrator RE: Preliminary & Final Plat “Sherwood Villas Condominiums”; Case # S2005-02 LOCATION: 14461 N. Sherwood Dr., aka Final Plat 104, Block 12, Lot 7. REQUEST: Consider the Preliminary and Final Plat for "Sherwood Villas Condominiums", a 2-unit residential condominium project. DESCRIPTION: OWNER: Gary Dee APPLICANT: Gary Dee EXISTING ZONING: “R-2”, Multi-family Residential EXISTING CONDITION: Existing duplex LOT SIZE: .254 acres SURROUNDING LAND USES AND ZONING: NORTH: Mirage Condominiums; zoned “R-2” SOUTH: Sherwood Estates Condominiums; zoned “R-2” EAST: Single-family residential; zoned “R-2” WEST: Single-family residential; zoned “R-2” SUMMARY: This request is for approval of the Preliminary and Final Plat "Sherwood Villas 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, Gary Dee, has chosen to convert a two-unit duplex and record a Declaration of Condominium to sell the units individually. Condominium Unit A has livable area of 1333 square feet, and Unit B has a livable area of 1090 square feet. Both units have a two-car garage and covered patio. The property was developed as a duplex under Building Permit #96-0070, and the Certificate of Occupancy was issued in 1997. RECOMMENDATION: The Planning Commission recommends approval of S2005-02; Preliminary Plat and Staff recommends approval of the Final Plat “Sherwood Villas Condominiums” with the condition that the applicant remove the LCE notations and associated dimensions from the Plat shown at the rear of the property. The yard area is not a fixture of either unit as defined in §33-1212 of the Arizona Revised Statutes. Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 4/7/05 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: CONSIDERATION of approving a SPECIAL USE PERMIT for the Fountain Hills Senior Care Center, which would allow a 128 bed convalescent home up to 40 feet in height in the “R-4” Multi- family Zoning District, located at the southwest corner of Verde River Drive and El Lago Blvd., aka Fountain View Final Plat. Case #SU2004-04. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Mr. Ursu received a Special Use Permit (SUP) in February of 1995 and began construction of the nursing home. Due to construction inactivity, the building permit for the nursing home expired in June of 1998, as well as the SUP approval. The applicant received a second Special Use Permit in February of 2000, however, the building plans required minor modification to conform to the Multi-family setbacks as amended by the Council in 1998. The second SUP approval expired within 6 months of the approval again due to inactivity. The applicant is now requesting approval of a third SUP for a substantially similar plan. The proposed plans, with exception to minor modifications, conform to the current building setbacks for the “R-4” Zoning District. In 2001, the Council adopted a zoning ordinance to restrict buildings in multi-family zoning districts to a maximum 200-foot length. The applicant proposes a 250 foot long building and would like the Council to clarify the intent of the 200 foot building length restriction only applies to multi-family buildings and not commercial or institutional structures such as the proposed convalescent home. List All Attachments as Follows: Staff Report & Minutes; Application; Letter from applicant; Plan Reductions Type(s) of Presentation: NA Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager / Designe 2 TOWN OF FOUNTAIN HILLS PLANNING & ZONING DIVISION STAFF REPORT TO: Mayor Nichols & Town Council MTG DT: April 7, 2005 FR: Dana Burkhardt, AICP, Senior Planner THRU: Richard Turner, AICP, Planning & Zoning Administrator RE: SU2004-04; Fountain View Senior Living Facility Special Use request LOCATION: 16655 El Lago Blvd, aka Final Replat of Fountain View, and the Abandoned Service Rd. REQUEST: Consideration of a Special Use Permit that would allow for a 56,099 square foot, 128 bed nursing, convalescent care and assisted care facility in the “R-4” Zoning District, and for a non-residential building over 30 feet in height but not to exceed 40 feet in height. DESCRIPTION: OWNER: Art Ursu APPLICANT: Art Ursu EXISTING ZONING: "R-4" EXISTING CONDITION: The site has been graded as a part of an expired building permit. PARCEL SIZE: 2.03 acres SURROUNDING LAND USES AND ZONING: NORTH: The Village at Towne Center condos, zoned “C-2” with an SUP SOUTH: Developed multiple-family condos, zoned "R-4" EAST: Developed multiple-family condos, zoned "R-4" WEST: Developed multiple-family condos, zoned "R-4" STANDARDS FOR REVIEW: 1. Special Use Permits: Section 2.02 (beginning on page 2-7) of the Zoning Ordinance. 2. Uses Subject to Special Use Permit in M-1, M-2, M-3, R-3, R-4 and R-5 Zoning Districts: Section 11.03 of the Zoning Ordinance. SUMMARY: This request is for approval of a Special Use Permit that would allow for a 56,099 square foot, 128 bed nursing, convalescent care and assisted care facility in the “R-4” Zoning District, and for a non-residential building over 30 feet in height but not to exceed 40 feet in height (30-40 feet is proposed). According to Section 11.03 (B and C) of The Zoning Ordinance for the Town of 3 Fountain Hills, nursing homes and non-residential buildings over 30 feet in height may be approved by Special Use Permit in an “R-4” Zoning District. Mr. Ursu received a Special Use Permit (SUP) in February of 1995 for a 100-bed convalescent facility, and began construction. Due to construction inactivity, the building permit for the nursing home expired in June of 1998, as well as the SUP approval. The applicant received a second Special Use Permit in February of 2000 for a 100-bed facility, however, the building plans required minor modification to conform to the Multi-family setbacks as amended by the Council in 1998. The second SUP approval expired within 6 months of the approval again due to inactivity. The applicant is now requesting approval of a third SUP for a substantially similar plan providing 128 beds. The proposed plans, with exception to minor modifications, conform to the current building setbacks for the “R-4” Zoning District. In 2001, the Council adopted a zoning ordinance to restrict buildings in multi-family zoning districts to a maximum 200-foot length. The applicant proposes a 250 foot long building and would like the Council to clarify that the intent of the 200 foot building length restriction only applies to multi-family buildings and not commercial or institutional structures such as the proposed convalescent home. If the Special Use Permit is approved, barring any extension, the applicant will be required to exercise the Special Use Permit by applying for a building permit for the development within six months of Town Council approval and by pulling the building permit for the development within one year of Town Council approval. The building plans would need to be substantially in conformance with the site plan, elevations, and any conditions attached thereto, as approved by the Town Council. As noted previously, the Town of Fountain Hills does permit the development of nursing homes within the “R-4” zoning district with an approved Special Use Permit. The approval of a Special Use Permit is a purely discretionary action by the Town, and there are no required findings that the Town is required to make in order to approve the Special Use Permit. In the Council’s review of a Special Use Permit, the Council should base its decision on the degree of compatibility between the proposed use and both the existing land uses, which have been developed adjacent to the subject properties. In addition, the Town Council may include conditions of approval on the development that will serve to mitigate any negative impact the project will have on the Town, or to ensure compatibility with surrounding land uses. PROJECT REVIEW: The applicant proposes to develop a 128-bed nursing facility on the site. The proposed development consists of one large building to be located on the southern side of the site, and the parking lot is proposed to be located between the building and El Lago Boulevard. The building will generally consist of two stories, however portions of the east half of the building will be three stories. It is at this location that the building is approximately 40 feet in height, depending on the exact location of the measurement. The other roof peaks are proposed at a maximum height of 33 feet measured from natural grade. Building Height: 4 The building height limit in the “R-4” zoning district is 30 feet. The added building height of up to 40 feet would be noticeable only on the front building elevations as seen from El Lago Boulevard. The building would appear to be 33 feet in height from the properties south of the site, where many multi-family residential units are located. This property is situated approximately 20 feet lower in elevation than the properties to the south. Staff believes that the increased building height of 40 feet will not adversely affect the surrounding residential property owners, because as viewed from their homes, the added building height will not be visible and would not impair the views that a 33-foot building would not also impair. Building Setbacks: The building as currently planned encroaches into the front and rear setbacks (the Verde River frontage is front property line, and the opposite is the rear property line). The front and rear setbacks for the site, as for all “R-4” zoned land, are 30 feet or 1.5 times the height of the abutting wall plane, whichever is greater. The wall plane abutting the front (east) and rear (west) property lines is 22 feet high. 22 x 1.5 equals 33 feet, so the required setback is 33 feet from the front and rear property lines. The actual proposed setback of the building at the front and rear property lines are 30 feet at closest points. The applicant is required, and has agreed, to either reduce the width of the proposed building to meet the required 33 feet building setbacks, or reduce the parapet height to 20 feet, to respect the 30-foot setbacks shown on the site plan. Miscellaneous: The proposed building is approximately 250 feet in length and does not conform to the “R-4” Zoning requirement for the maximum building length of 200 feet. The applicant is requesting the Council consider clarifying the maximum 200-foot building length restriction to apply to residential structures only, and not commercial and institutional structures. Staff understands that the convalescent business requires fully enclosed structures, rather than several detached buildings, as can be characteristic of multiple-building residential projects. The applicant has articulated the wall planes with projections and breakups, and provided a varying roofline and landscaping to mitigate the visual impact of the 250-foot long building from El Lago Blvd. The proposed lot coverage is approximately 31 %, where 50% is allowed, and the required number of parking spaces is one space for each four beds (32 required), where 44 legitimate spaces are provided. Staff does not include the parallel parking spaces abutting the south side of the building to meet the minimum parking requirements. The applicant has proposed a 8 foot tall wall storage area with utility access, on the east side of the building. This wall is restricted to 3.5-foot height due to the wall placement within the setback. The applicant has agreed to revise the height not to exceed 3.5 feet, and Staff has provided a condition of approval to this effect. The plan also shows a porte-cochere, with pylons located in the center of the drive aisle. Prior reviews of this project provided a feasible design that would not obstruct the drive aisle and staff has provided a condition of approval to correct the porte-cochere design. The Town Council approved abandonment of the 40-foot wide Service Road Right-of-Way along the south side of El Lago at this property on December 15, 1994 (Resolution 1994-67) 5 subject to 4 stipulations. To date, those stipulations have never been fulfilled; therefore Staff has not recorded the Service Road Right-of-Way Abandonment resolution. The remaining stipulations require construction of a sidewalk and landscaping on the property frontage, with a construction assurance to be posted for that work prior to recordation of the abandonment. (These requirements can be fulfilled in the normal course of the property’s design and construction.) The Applicant’s current site plan shows 16 parking spaces lying within that retained easement area. Staff is agreeable to allowing 12 parking spaces in the above retained easement area, but would like to maintain some length of wide landscaped area at each end of the angled parking. Allowing any parking in the retained front easement area is a discretionary Council decision, and was not contemplated at the time of the original Council Abandonment Resolution. Allowing 12 parking spaces in the abandoned frontage area will provide a total of 40 on-site parking spaces, which exceed the 32 required. Staff suggests the first two parking spaces and the last two parking spaces be removed and developed for landscaping to accomplish this. RECOMMENDATION: At the March 10, 2005 Planning & Zoning Commission meeting, the Commission voted unanimously to recommend the Council deny this Special Use request. Please refer to the attached meeting minutes for details of their discussion. Staff recommends the Town Council approve this Special Use Permit, Case Number SU2004-04, with the conditions listed below. Approval of this request will have the effect of directing Staff to bring forward a text amendment to the Zoning Ordinance to clarify that the 200-foot maximum building length only applies to multiple-family structures. 1) Prior to the issuance of an occupancy permit, the developer shall re-grade and revegetate the slope on the south side of the property, and shall install erosion control measures as determined by the Town Engineer. 2) The landscaping plan, building colors and roof materials shall conform to the standards of the Town Center Commercial Zoning District, prior to building permit issuance. 3) The development shall be redesigned to conform to front and rear-yard setbacks, by either reducing the abutting building wall planes to 20 feet or reducing the building width to provide minimum 33 foot building setbacks at the front and rear. The project shall otherwise conform to the approved set of plans. 4) The applicant shall redesign the gated area and wall feature adjacent to the Verde River Dr. frontage to not exceed a height of 3.5 feet from finished grade. 5) Revise the Porte-Cochere and access to not encroach into the proposed drive aisle and to have an accessible drive-through and turning radius acceptable to the Town Engineer. 6) Revise the architectural plans to be consistent with the building layout shown on the site plan. The site plan shows a 249-foot long building and the architectural shows a 251.55-foot length. 6 7) The Council shall permit the encroachment of up to 12 parking spaces in the abandoned service road property for this development, which would provide 40 total spaces on site. One of those spaces must be the first 45-dgree space east of the El Lago entrance, due to the possible traffic conflict created by vehicles backing into the access aisle. 8) The sidewalk along El Lago shall be 6 feet wide meandering, and provide a full 5- foot sidewalk connection to the building. The sidewalk along Verde River Drive shall be 5’ wide from El Lago to the main (front) driveway, and along the east driveway entrance; no sidewalk will be required from the main (front) Verde River driveway to the south end of Verde River Drive. 9) Provide substantial landscaping, including 48” box trees, in the two courtyards shown with palms, to break up the building mass as viewed from El Lago Blvd. 7 Excerpt from the March 10, 2005 Planning Commission Meeting Minutes AGENDA ITEM #4 CONSIDERATION AND RECOMMENDATION TO TOWN COUNCIL ON A SPECIAL USE PERMIT THAT WOULD ALLOW A 56,099 SQUARE FOOT, 128 BED NURSING, CONVALESCENT CARE AND ASSISTED CARE FACILITY IN THE “R-4” ZONING DISTRICT, WITH A BUILDING HEIGHT OVER 30-FEET BUT NOT TO EXCEED 40-FEET IN HEIGHT, LOCATED AT 16655 EL LAGO BOULEVARD. CASE NUMBER SU2004-04. Dana Burkhardt gave the presentation and included a PowerPoint Presentation. Staff recommended that the Planning and Zoning Commission forward this item to the Town Council for approval. Case Number SU2004-04, with the following conditions: 1. The building may be built up to a 36-foot maximum building height, which may be accomplished by modifying the proposed 13-foot tall hipped roof to a lesser slope or utilize a flat roof and parapet design. 2. The concrete block that has been illegally stored on the site shall be removed by 5:00 P.M., MST, on April 20, 2005, or the Special Use Permit shall immediately become void. 3. Prior to any occupancy permit, the developer shall re-grade and revegetate the slope on the south side of the property, and shall install erosion control measures as determined by the Town Engineer. 4. The landscaping plan, building color, and roof material shall conform to the standards of the Town Center Commercial Zoning District. 5. The development shall be redesigned to conform to the front and rear-yard setbacks, by either reducing the abutting building wall planes to 20-feet or reducing the building width to provide minimum 33-foot building setbacks at the front and rear. The project shall otherwise conform to the approved set of plans. 6. The applicant shall redesign the gated area and wall feature adjacent to the Verde River Drive frontage to not exceed a height of 3.5 feet from finished grade. 7. Revise the Porte-Cochere and access to, but not encroach into the proposed drive aisle and to have an accessible drive-through and turning radius acceptable to the Town Engineer. 8. Revise the architectural plans to be consistent with the building layout shown on the site plan. The site plan shows a 249-foot long building and the architectural shows a 251.55-foot length. 9. The Council shall permit the encroachment of up to 12 parking spaces in the abandoned service road property for this development, which would provide 40 total spaces on site. One of those spaces must be the first 45-degree space east of the El Lago entrance, due to the possible traffic conflict created by vehicles backing into the access aisle. 10. The sidewalk along El Lago shall be 6-feet wide meandering, and provide a full 5- foot sidewalk connection to the building. The sidewalk along Verde River Drive shall be 5-foot wide from El Lago to the main (front) driveway, and along the east 8 driveway entrance; no sidewalk will be required from the main (front) Verde River driveway to the south end of Verde River Drive. 11. Provide substantial landscaping, including 48” box trees, in the two courtyards shown with palms, to break up the building mass as viewed from El Lago Boulevard. Chairman Downes stated that in approximately 1990, previous Town Councils decided to do away with service drives as the one on Saguaro Boulevard. He continued that the 40-feet was abandoned and given to each property owner along El Lago Boulevard. Chairman Downes stated that the stipulation was to provide landscaping in the area, but Town Engineer Randy Harrel had decided that El Lago Boulevard did not need that much landscaping, so this project was able to use the extra area for additional proposed parking. Chairman Downes continued to say that since no utilities existed on the additional 40-feet, the property owner’s lot would then increase by approximately 10,000 square feet. Art Ursu, 10660 N. Devlin Circle, stated that the residences of this facility would be mostly bed- ridden and the facility would be classified as a full skilled care facility. Mr. Ursu continued that the business would not be like an assisted living facility and no residents would be coming and going from the home on a daily basis. Mr. Ursu told the Commission that he was not working with the original architect who had provided the plans submitted to Staff and the Commission, but had obtained a new architect who would provide plans that fit within the guidelines of the Zoning Ordinance. Chairman Downes stated to Mr. Ursu that the Planning and Zoning Commission could not approve a variance, which the project needed before the plans could be considered for approval. Chairman Downes stated that the maximum length of a building in a R-4 zone was 200-feet and this project exceeded that limit by 50-feet. Chairman Downes continued that Mr. Ursu would have to apply for a variance through the Board of Adjustment because neither the Commission nor the Council was authorized to grant variances. Chairman Downes added that the Commission could not consider an approval of a Special Use Permit until it was known if the Board of Adjustment would approval a variance. Chairman Downes pointed out that if a variance were not approved then the project’s site plan would have to change. Chairman Downes asked Mr. Turner how the Zoning Ordinance addresses the density of a nursing home in an R-4 zoning. Chairman Downes also asked how the Commission could determine the number of beds permitted in a hospital, care center, group home, etc. Mr. Turner answered that a Special Use permit was discretionary on the part of the Town Council and the Commission could recommend a density and number of beds in a motion. Chairman Downes stated that he would like to address later a possible amendment to the Zoning Ordinance to revise these issues. Bob Schuttenhelm, 16714 E. Gunsight Drive, Unit #147, spoke against the SUP. John Connelly, 16715 E. El Lago Boulevard, spoke against the SUP. Leslie Peterson, 16616 Gunsight Drive, spoke against the SUP. Roger Fick, 16715 E. El Lago Boulevard, spoke against the SUP. Justin Hoberg, 16616 Gunsight Drive, spoke against the SUP. 9 Gary L. Manard, 16616 Gunsight Drive, Unit 208, spoke against SUP. Rudolf Volkmann, 16616 Gunsight Drive, Unit 203, spoke against SUP. Robert E. Jeffrey, 16616 E. Gunsight Drive, spoke against SUP. Commissioner Forest stated that the Special Use Permit was premature because Mr. Ursu did not have the plans drawn from the new architect to submit for consideration and possible approval. Chairman Downes asked Mr. Burkhardt if he was correct in assuming that if the Special Use Permit were to be approved at this meeting, that the Commission would not see the plans again, and then the applicant could go forth and pull a building permit and begin building. Mr. Burkhardt concurred this statement to be true. Commissioner Brown made a MOTION of denial of SU2005-04, because it did not meet the Town’s Zoning Ordinances. Commissioner Brown continued that with the multi-family condominiums built in the area in the past few years, this would not be a good business for the area. Commissioner Woodrel SECONDED and the MOTION carried 6-0. Chairman Downes aye Vice-Chairman O’Brien aye Commissioner Brown aye Commissioner Caldwell aye Commissioner Forest aye Commissioner Woodrel aye 12. Chairman Downes stated that SU2005-04 would be placed on the April 7, 2005, Town Council agenda. 10 11 12 13 SITE PLAN 14 ELEVATIONS Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 4/7/05 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: These agenda items were continued by the Council at the applicants request from the March 17, 2005 Council meeting. 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, has revised the request for 12 single family lots, rather than the 14 originally requested. The applicant proposes a new 12 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: Staff Report; Ordinance 2005-02; Planning Commission Minutes; Letter from Applicant; 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: April 7, 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 12 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: .42 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. These agenda items were continued from the Council’s March 17, 2005 meeting, at the applicant’s request. On March 25, 2005 the applicant submitted a revised plan, which: 1) reduces the total lots from 14 to 12; 2) moves the gated entry and turn-a-round onto the applicant’s site; 3) extends the cul-de-sac bulb to the north; and 4) reduces the secondary emergency access roadway from a 20 foot width to 16 feet. The applicant, Jack McCoy, is requesting a 12 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’, walls over 3.5’ in private rights-of-way and the front-yard minimum setbacks, and an alternative land disturbance methodology. On February 24, 2005 the Planning and Zoning Commission unanimously recommended denial of the previous design, which consisted of 14 residential lots. 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. The basic design of this project has not changed. The number of lots and cul-de-sac length still exceed the maximum allowed in the Subdivision Ordinance. The applicant is not required to resubmit for Planning Commission review, as the number of lots proposed is fewer than previously advertised, and there are no changes in the perimeter boundaries of the PUD. EVALUATION: Until recently, the Fountain Hills 2002 General Plan Land Use Map incorrectly designated the majority of this property as Open Space. On March 17, 2005 the Town Council approved a minor amendment to the General Plan now designates this property for Single-family Residential/Very Low density. This project conforms to the Single-family Residential/Very Low land use classification, as it is proposed for .42 dwelling units per acre, with a minimum lot size of approximately 44,072 sf, a maximum lot size of 146,345 sf, and an average lot size of 86,284 sf (an acre equals 43,560 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 feet. 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. The proposed lot configuration is consistent in design and compatible to the surrounding development. Lots 9, 11, and 12 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. 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, vehicle turn-a-round, and landscape feature west of the Cerro Alto cul-de-sac terminus. All portions of the gated entry are on-site. The proposed gates and all associated fencing and monuments may not exceed six feet in height, based on the six-foot maximum freestanding wall limitation in the Subdivision Ordinance. (See “Preliminary Plat” for further details on the proposed roadway) Preliminary Plat The preliminary plat consists of a 1,570 lineal foot private hillside roadway extension to the existing Cerro Alto Dr. cul-de-sac, a secondary emergency access through Lot 60 of Final Plat 506-C, Block 1, and a total of 12 one-acre minimum lot areas. The proposed lot sizes exceed the minimum requirements for the “R1-35” and the “R1-43” base zoning districts as defined in the provisions for PUD’s. The minimum lot widths proposed conform to the Zoning Ordinance requirements. 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 29 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 provide attic sprinklers for additional fire protection. The applicant has revised the secondary emergency access roadway from a 20-foot width to 16 feet. The Fire Department requires a minimum 20 foot paved width, based on the steep gradient of the access road, and the applicant has agreed to go back to the originally proposed 20-foot design width. Staff anticipated very limited use of this secondary roadway, which would only occur in the event the Cerro Alto Cir. Cul-de-sac is closed and an emergency occurs beyond the point of closure. The secondary emergency roadway will be gated and allow emergency access only at the Golden Eagle Blvd. intersection and at the intersection with the proposed private roadway 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 provided by the applicant to determine the disturbance allocation shown on the preliminary plat includes the slopes proposed for future roadway disturbance (“gross” method), which, by interpretation, should not be 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 16,636 sf. for all lots. When the net disturbance is calculated, each lot would have an average of 14,448 sf, 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 three to four times the roof area of the home to disturb for construction of the home. The PUD provisions of the Zoning Ordinance allow for exceptions to the Hillside Preservation requirements, and could permit up to an average of 20,442 sf of land disturbance for each of the 12 lots. Therefore, the Council has the discretion to approve either the “gross” methodology presented on the preliminary plat cover (16,636sf), the “net” methodology, which allows approximately 14,500 sf of disturbance for each lot, or the PUD methodology, which allows up to 20, 442 sf of disturbance for each lot. Staff suggests the Council maintain consistency with recent approvals and approve the most restrictive methodology for this project, which is the “net” calculation. Members of the Planning Commission commented that this is a very restrictive area of disturbance for the size of homes being constructed today. 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 widening of the secondary emergency access roadway to 20 feet, as conditioned upon approval, will increase the fill by a couple of feet, but the fill will be retained by a wall. 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 may be two terraced retaining walls, with planters within the terrace 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. Approximately nine residents living in the neighborhood of this project spoke in opposition to the proposed PUD. RECOMMENDATION: The Planning Commission unanimously recommends the Council deny this request. Please refer to the attached Planning Commission meeting minutes. If the Council wishes to approve this PUD and remain consistent with the application of the land preservation requirements, Staff recommends you approve this subdivision with the “net” disturbance methodology (approx. 14,500 sf of land disturbance per lot). 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, and be gated for emergency access at the Golden Eagle Blvd. and at the private roadway intersections. 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) 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. 9196.001\. . \05-02 High Nob Acres PUD.v3.doc 4.1.2005-1 ORDINANCE NO. 05-02 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE OFFICIAL ZONING DISTRICT MAP OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, BY REZONING THE LAND LEGALLY DESCRIBED AS LOTS 34 AND 60, BLOCK 1, FINAL PLAT 506-C, AND THE PARCEL OF LAND ABUTTING THE WEST END OF LOT 34, BE REZONED FROM “R1-35” SINGLE FAMILY ZONING DISTRICT AND “R1-43” SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO “R1-35 PUD” SINGLE FAMILY RESIDENTIAL PLANNED UNIT DEVELOPMENT AND IMPOSING CONDITIONS UPON SUCH CHANGE. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”) desires to amend the Town of Fountain Hills Official Zoning District Map (the “Zoning Map”) pursuant to ARIZ. REV. STAT. § 9-462.04; and WHEREAS, all due and proper notices of public hearings on the intended amendment to be held before the Town of Fountain Hills Planning and Zoning Commission (the “Commission”) and the Town Council were given in the time, form, substance and manner provided by ARIZ. REV. STAT. § 9-462.04; and WHEREAS, the Commission held a public hearing on February 24, 2005, on the amendment to the Zoning Map pursuant to such notices and as required by ARIZ. REV. STAT. § 9-462.04; and WHEREAS, the Town Council held a public hearing regarding the amendment to the Zoning map on April 7, 2005. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That + 28.630 acres of certain real property, generally located near the northwest corner of Cerro Alto Drive and Golden Eagle Drive as shown in Zoning District Case #Z2004-10 and S2004-22 (the “Property”), as more particularly described and depicted in Exhibit A, attached hereto and incorporated herein by reference, are hereby rezoned from “R1- 35” Single Family Zoning District and “R1-43” Single Family Residential Zoning District to “R1-35 PUD” Single Family Residential Planned Unit Development subject to the following conditions: 1. The zoning regulations for this R1-35 PUD 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 by these stipulations. 2. Front yard setback is amended to a minimum of 20 feet instead of the required 40 feet. 9196.001\. . \05-02 High Nob Acres PUD.v3.doc 4.1.2005-1 3. 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. Those gates, and other fences and walls necessary for gating and roadway construction shall not exceed six feet in height. 4. Hillside preservation is based on the calculations shown on the Precise Plan of Development , attached hereto as Exhibit B and incorporated herein by reference. SECTION 2. If any provision of this Ordinance is for any reason held by any court of competent jurisdiction to be unenforceable, such provision or portion hereof shall be deemed separate, distinct and independent of all other provisions and such holding shall not affect the validity of the remaining portions of this Ordinance. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, April 7, 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\. . \05-02 High Nob Acres PUD.v3.doc 4.1.2005-1 EXHIBIT A [Graphic of Plat and Abutting Land and Legal Description] See following two pages. 9196.001\. . \05-02 High Nob Acres PUD.v3.doc 4.1.2005-1 9196.001\. . \05-02 High Nob Acres PUD.v3.doc 4.1.2005-1 LEGAL DESCRIPTION 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 9196.001\. . \05-02 High Nob Acres PUD.v3.doc 4.1.2005-1 EXHIBIT B [Precise Plan of Development] See following three pages. 9196.001\. . \05-02 High Nob Acres PUD.v3.doc 4.1.2005-1 9196.001\. . \05-02 High Nob Acres PUD.v3.doc 4.1.2005-1 9196.001\. . \05-02 High Nob Acres PUD.v3.doc 4.1.2005-1 9196.001\. . \05-02 High Nob Acres PUD.v3.doc 4.1.2005-1 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. 9196.001\. . \05-02 High Nob Acres PUD.v3.doc 4.1.2005-1 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. 9196.001\. . \05-02 High Nob Acres PUD.v3.doc 4.1.2005-1 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 9196.001\. . \05-02 High Nob Acres PUD.v3.doc 4.1.2005-1 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. 9196.001\. . \05-02 High Nob Acres PUD.v3.doc 4.1.2005-1 9196.001\. . \05-02 High Nob Acres PUD.v3.doc 4.1.2005-1 9196.001\. . \05-02 High Nob Acres PUD.v3.doc 4.1.2005-1 9196.001\. . \05-02 High Nob Acres PUD.v3.doc 4.1.2005-1 9196.001\. . \05-02 High Nob Acres PUD.v3.doc 4.1.2005-1 9196.001\. . \05-02 High Nob Acres PUD.v3.doc 4.1.2005-1 9196.001\. . \05-02 High Nob Acres PUD.v3.doc 4.1.2005-1 9196.001\. . \05-02 High Nob Acres PUD.v3.doc 4.1.2005-1 9196.001\. . \05-02 High Nob Acres PUD.v3.doc 4.1.2005-1 9196.001\. . \05-02 High Nob Acres PUD.v3.doc 4.1.2005-1 9196.001\. . \05-02 High Nob Acres PUD.v3.doc 4.1.2005-1 E:\Clerk\AGENDAS\REGULAR\2005\Web Agendas\Regular Session 4-7-05.doc Page 1 of 4 Last printed 4/4/2005 3:52 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, APRIL 7, 2005 TIME: 5:00 P.M. – 6:15 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. E:\Clerk\AGENDAS\REGULAR\2005\Web Agendas\Regular Session 4-7-05.doc Page 2 of 4 Last printed 4/4/2005 3:52 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 – Pastor Mark Lansberry, The Fountains Methodist Church • ROLL CALL – Mayor Nichols • SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS – (i) The Mayor will read a proclamation declaring April 11, 2005, World Parkinson Day, and (ii) The Mayor will present a Certificate of Achievement to David Killian, for being named 2005 Youth of the Year, and (ii) The Mayor will read a proclamation declaring April 3 - 9, 2005, National Boys and Girls Club Week. 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 17th, 2005. *2.) CONSIDERATION of RESOLUTION 2005-30, approving an amendment to the “Council Rules of Procedure” establishing standards for the selection and appointment process for vacancies on Boards, Commissions, and Committees. *3.) CONSIDERATION of approving a LEASE for the Community Theater occupying Town property at 17325 E. Rand Drive and 11455 E. Saguaro Drive. *4.) CONSIDERATION of RESOLUTION 2005-23, abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the northeasterly property lines of Plat 605C, Block 1, Lot 10 (11039 N. Pinto Drive) as recorded in Book 164 of Maps, Page 14, Records of Maricopa County, Arizona. EA05-04 (Coup). *5.) CONSIDERATION of RESOLUTION 2005-24, abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the northerly property lines of Plat 505D, Block 2, Lot 13 (16821 N. Sourdough Place) as recorded in Book 158 of Maps, Page 41, Records of Maricopa County, Arizona. EA05-05 (Merrell). *6.) CONSIDERATION of RESOLUTION 2005-25, abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the northerly property lines of E:\Clerk\AGENDAS\REGULAR\2005\Web Agendas\Regular Session 4-7-05.doc Page 3 of 4 Last printed 4/4/2005 3:52 PM Plat 602A, Block 1, Lot 30 (15610 E. Cavern Drive) as recorded in Book 161 of Maps, page 42, Records of Maricopa County, Arizona. EA05-06 (Carlson). *7.) CONSIDERATION of ORDINANCE 05-03, a technical amendment to correct an error in the Town of Fountain Hills Tax Code relating to commercial rental activity. *8.) CONSIDERATION of RESOLUTION 2005-26, approving an Intergovernmental Agreement (IGA) between the Fountain Hills Unified School District #98 and the Town of Fountain Hills regarding the sharing of facilities. *9.) CONSIDERATION of approving the PRELIMINARY AND FINAL PLAT for “Sabinas Estates Condominiums”, a 2-unit condominium project, located at 16927 E. Sabinas Drive, aka Lot 4, Block 4, Plat 105. Case #S2005-03. *10.) CONSIDERATION of approving the PRELIMINARY AND FINAL PLAT for “Sherwood Villas Condominiums”, a 2-unit condominium project, located at 14461 Sherwood Drive, aka, Lot 7, Block 12, Plat 104. Case #S2005-02. REGULAR AGENDA 11.) CONSIDERATION of approving a SPECIAL USE PERMIT for the Fountain Hills Senior Care Center, which would allow a convalescent home up to 40 feet in height in the “R-4” Multi-family Zoning District, located at the southwest corner of Verde River Drive and El Lago Blvd., aka Fountain View Final Plat. Case #SU2004-04. 12.) PUBLIC HEARING regarding ORDINANCE 05-02, which would amend the “Official Zoning Districts Map” for the Town of Fountain Hills 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. 13.) CONSIDERATION of ORDINANCE 05-02, which would amend the “Official Zoning Districts Map” for the Town of Fountain Hills 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. 14.) 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 unplatted parcel of land to the west of Lot 34. Case #S2004-22. 15.) 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. 16.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths and weaknesses and discuss possible improvements for future meetings. 17.) COUNCIL DISCUSSION/DIRECTION to the Town Manager. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: NONE 18.) SUMMARY OF COUNCIL REQUESTS by Town Manager. 19.) ADJOURNMENT. DATED this 1st day of April, 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.