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Document in 3-16-06 packet.obd Last printed 3/9/2006 3:58 PM
NOTICE OF EXECUTIVE AND
REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
Mayor Wally Nichols
Councilmember Mike Archambault Councilmember Keith McMahan
Councilmember John Kavanagh
Councilmember Ed Kehe Vice Mayor Jay Schlum
TIME: 5:30 - 6:25 P.M. - EXECUTIVE SESSION
6:30 P.M. - REGULAR SESSION
WHEN: THURSDAY, MARCH 16, 2006
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
(Executive Session will be held in 2nd floor Conference 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 Councilmembers. Speakers’ statements should not be
repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have
waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion
of their time for a later time or (ii) transfer any portion of their time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during
the Public Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time
limits may be waived by (i) discretion of the Town Manager upon request by the speaker not
less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the
Mayor either prior to or during a Meeting. Please be respectful when making your
comments. If you do not comply with these rules, you will be asked to leave.
Document in 3-16-06 packet.obd Last printed 3/9/2006 3:58 PM
Page 1 of 3
• CALL TO ORDER –Mayor Nichols
1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: (i) Pursuant to A.R.S.
§ 38-431-03.A.7, for discussion or consultations with designated representatives of the public body
in order to consider its position and instruct its representatives regarding negotiations for the
purchase, sale or lease of real property. (Specifically, the town hall lease.) and (ii) Pursuant to
A.R.S. § 38-431-03.A.1, for discussion or consideration of employment, assignment, appointment,
promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or
employee of any public body, except that, with the exception of salary discussions, an officer,
appointee or employee may demand that the discussion or consideration occur at a public meeting.
The public body shall provide the officer, appointee or employee with written notice of the executive
session as is appropriate but not less than twenty-four hours for the officer, appointee or employee to
determine whether the discussion or consideration should occur at a public meeting. (Specifically,
review of the Community Center Advisory Commission, Senior Services Advisory Commission,
Public Safety Advisory Commission, McDowell Mountain Preservation Commission
applications).
2. RETURN TO REGULAR SESSION
• CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols
• INVOCATION – Pastor Larry Finch, Four Peaks Community Church
• ROLL CALL – Mayor Nichols
• MAYOR’S REPORT –
The Mayor will read a Proclamation honoring the Fountain Hills High School
Championship Boys Basketball Team.
The Mayor will introduce the showing of the "Sharing Our Town: A Guide to Wildfire
Safety at Home" video.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed
on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is
subject to reasonable time, place, and manner restrictions. The Council will not discuss or take
legal action on matters raised during “Call to the Public” unless the matters are properly noticed for
discussion and legal action. At the conclusion of the call to the public, individual Councilmembers
may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on
a future Council agenda.
*CONSENT AGENDA -
*1.) CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
March 2, 2006.
*2.) CONSIDERATION of RESOLUTION 2006-12, approving the naming of the Community
Center Information Desk. ANDREW NEED LANGUAGE
*3.) CONSIDERATION of RESOLUTION 2006-22, pertaining to the submission of projects
for consideration in Arizona’s 2006 (fiscal year) Highway Safety Plan. ANDREW NEED
LANGUAGE
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Page 2 of 3
REGULAR AGENDA
4.) CONSIDERATION of RESOLUTION 2006-13, regarding a Development Agreement
between the Town of Fountain Hills and Firerock Plaza, LLC.
5.) CONSIDERATION of a CUT WAIVER for “Firerock Plaza”, located at 17225 E. Shea
Boulevard, aka Plat 704, Block 6, Lots 5 and 6. Case #CFW2005-03.
6.) PUBLIC HEARING of ORDINANCE 2006-03, on a proposed text amendment to the
Zoning Ordinance for the Town of Fountain Hills. If adopted, the amendment would restrict
Fractional Ownership Uses to Lodging Zoning Districts only. Case#Z2005-06.
7.) CONSIDERATION of ORDINANCE 2006-03, on a proposed text amendment to the
Zoning Ordinance for the Town of Fountain Hills. If adopted, the amendment would restrict
Fractional Ownership Uses to Lodging Zoning Districts only. Case#Z2005-06.
8.) CONSIDERATION of ORDINANCE 2006-07, amending Ordinance 06-06 (Commercial
Development Fees). ANDREW NEED LANGUAGE
9.) COUNCIL DISCUSSION/DIRECTION to the Town Manager.
Items listed below are related only to the propriety of (i) placing such items on a future
agenda for action or (ii) directing staff to conduct further research and report back to the
Council:
A. NONE
10.) SUMMARY OF COUNCIL REQUESTS by Town Manager.
11.) ADJOURNMENT.
DATED this 10th day of March 2006.
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003
(voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting
or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this
agenda are available for review in the Clerk’s office.
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: March 16, 2006
Submitting Department: Administration Contact Person: Ellen Pence
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: VIDEO PRESENTATION
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: The Town is pleased to present the debut of a new video series,
as part of the improvements in communication with its residents and businesses. The video series is called
“Sharing Our Town” and the first program is “A Guide to Wildfire Safety at Home.” The six-minute program
was created by Town employees and features Town employees and two residents. The program will be broadcast
repeatedly on Channel 11 and marketed to service organizations and various groups by offering a designated
speaker to show the video and answer questions about wildfire safety.
List All Attachments as Follows:
Type(s) of Presentation: Videotape of "Sharing Our Town: A Guide to Wildfire Safety at Home"
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager/Designee
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: March 16, 2006
Submitting Department: Administration Contact Person: Bender
Consent: Regular: Requesting Action: Report Only:
Type of Document Needing Approval (Check all that apply):
Public Hearing Resolution Ordinance
Agreement Emergency Clause Special Event Permit
Special Consideration Intergovernmental Agreement Acceptance
Grant Submission Liquor/Bingo License Application Plat
Special Event Permit Special/Temp Use Permit
Other: Draft Meeting Minutes
Council Priority (Check Appropriate Areas):
Education Public Fitness Library Services
Public Safety Community Activities Economic Development
Public Works Human Service Needs Parks & Recreation
Town Elections Community Development
Regular Agenda Wording: CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES
from March 2, 2006.
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: Approve the council meeting minutes for archival purposes.
List All Attachments as Follows:
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
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: March 16, 2006
Submitting Department: Administration Contact Person: Fire Chief Scott LaGreca
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 2006-22, authorizing the submission of
projects for consideration for grant funding from the Governor’s office of Highway Safety.
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: We are applying for a grant from the Governor’s office
of Highway Safety for vehicle extrication equipment. If awarded, this is in the form of a reimbursable
grant.
List All Attachments as Follows: Resolution 2006-22
Type(s) of Presentation: None
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager/Designee
636846.1
RESOLUTION NO. 2006-22
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN
HILLS, ARIZONA, AUTHORIZING THE SUBMISSION OF PROJECTS FOR
CONSIDERATION IN ARIZONA’S 2006 HIGHWAY SAFETY PLAN.
WHEREAS, the Governor’s Office of Highway Safety (the “GOHS”) is seeking proposals from
state and local agencies for projects relating to all aspects of highway safety; and
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”)
desires to submit projects to be considered by the GOHS for funding in the form of reimbursable grants.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. That the Town Council hereby approves the submission of projects to the GOHS
for consideration in Arizona’s 2006 Highway Safety Plan (the “Grant Applications”).
SECTION 2. That the Town Manager or his authorized designee is hereby authorized and
directed to take all steps necessary and execute and submit all documents in connection with the Grant
Applications.
SECTION 3. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are
hereby authorized and directed to execute and submit all documents and any other necessary or desirable
instruments in connection with the Grant Applications and 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,
March 16, 2006.
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: 03/16/06
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 RESOLUTION 2006-13 regarding a DEVELOPMENT
AGREEMENT between the Town of Fountain Hills and Firerock Plaza LLC.
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: This development agreement is to allow a transfer of
preservation rights for a new proposed retail center to be located in the southeast corner of Town at 17225 E. Shea
Boulevard. If approved this agreement shall provide the Town with an in lieu payment for mountain preserve,
revegetation of the hillside burned in a mid-1990's fire, a 60 % contirbution to the traffic signal proposed at the
entrance to the project, and landscape and pedestrian improvements on the Shea Boulevard right of way. The
Concept Plan for this project was approved by the Planning and Zoning Commission at the February 9, 2006
meeting subject to Town Council's approval of the cut waiver and the development agreement.
List All Attachments as Follows: Staff Report Memorandum, 3-D Project View, Site Plan, Slope Analysis,
Landscape Plan, Elevations, and Development Agreement.
Type(s) of Presentation: None
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager / Designee
Resolution 2006-13
Firerock Plaza Development Agreement
Page 2 of 6
TOWN OF FOUNTAIN HILLS
PLANNING & ZONING COMMISSION
STAFF REPORT
TO: The Honorable Mayor and Town Council
MTG DT: March 16, 2006
FR: Kate Zanon, Planner
THR: Richard Turner, AICP
Planning and Zoning Administrator
RE: Resolution 2006-13; A Development
Agreement between the Town of Fountain Hills
and Firerock Plaza LLC.
LOCATION: 17225 E. Shea Boulevard, aka Plat 704, Block 6, Lots 5 and 6.
REQUEST: For approval of a Development Agreement with the Town to allow a transfer of hillside
preservation rights.
DESCRIPTION:
APPLICANT: Kamy Goldfarb, Delorme & Associates
OWNER: Kamal Ramsumair
EXISTING CONDITION: Undeveloped
ZONING: C-1 (Z2002-12 and Z2003-05)
LOT SIZE: Lot 5 – 61,420 square feet (1.410 acres)
Lot 6 – 52,272 square feet (1.200 acres)
Total – 113,692 square feet (2.610 acres)
SURROUNDING LAND USES AND ZONING:
NORTH: Cereus Wash; zoned “R-5”
NORTHEAST: Crossroads Convenience Center; zoned “C-2”
SOUTH: Single-Family Residential homes; zoned “R1-43”
SOUTHEAST: Kern Plaza; zoned “C-1” (Z2002-12 and Z2003-05)
WEST: Single-Family Residential; zoned “R1-43”
SUMMARY:
This request is for a Development Agreement to allow a transfer of preservation rights for a new
proposed retail center to be located in the southeast corner of Town, on the southwest side of Shea
Boulevard in a C-1, Commercial Zoning District. The applicant has been unable to design a viable
commercial use within Town hillside preservation regulations and therefore has brought this
Development Agreement before you.
Project Data
The project includes a total of 18,650 square feet of building area with all the square footage intended
for retail use. The building is intended to house 12 retail suites. The combined lot size
Resolution 2006-13
Firerock Plaza Development Agreement
Page 3 of 6
is approximately 113,692 square feet with proposed lot coverage of 16% where up to 60% lot coverage
is allowed. The height of the proposed building is approximately 25 feet at the highest point from natural
grade. Access to the site shall be from a joint access entrance off of Shea Boulevard. This access is for
use by developments on lots 7 (Kern Plaza), 6 and 5. Pedestrian access to the site shall be from two
locations along Shea Boulevard and one on Firebrick Drive. The applicant has also provided sufficient
parking for the site accommodating retail use as well as the potential for restaurant or medical use.
EVALUATION:
The site was rezoned on July 1, 2003 as case Z2003-05 and as a result is subject to disturbance
calculations based on a slope analysis. Considering the undulating topography on the site this applicant
as well as past applicants have had a difficult time negotiating a viable commercial use within Town
preservation requirements. As a result, the applicant is asking for a transfer of preservation rights to
allow the site to be built sustainablely while still respecting Town preservation regulations.
Slope Analysis
The following chart demonstrates the amount of hillside disturbance area on the lot.
Percent
Slope
Total Area
(square feet)
Preservation
Requirement
(square feet)
Disturbance
Allowance
%
Actual
Disturbance
(square feet
and %)
Area
Over/Under
Disturbance
(square feet)
0-9.99 % 62,592 0% 62,592
100%
55,429
88%
- 7,163
10-19.99 % 30,585 70%
or
21,410
9,176
30%
23,250
76%
14,074
20 - 29.99 % 20,515 80%
or
16,412
4,103
20%
8,826
43%
4,723
30+ % 0 90% N/A N/A N/A
Calculations 21,410
+ 16,412
= 37,822
14,074
+ 4,723
- 7,163
=11,634
This agreement, if approved shall allow the applicant to pay the Town for mountain preserve through an in
lieu contribution instead of preserving the full amount of hillside area on site required
by Town Subdivision Ordinance 504. The applicant has chosen to use the aggregate disturbance
method. This disturbance method allows an applicant to take the total area of preservation required and
aggregate the preservation into a contiguous area. This method is often used as it concentrates development
into a viable envelope while maximizing preservation benefits for vegetation and animals as wells as
aesthetics. Staff supports use of this method. The applicant is required to preserve 37,822 square feet of
hillside area. The chart above details how this calculation was determined per the Town required slope
calculation based on percentage categories. The applicant’s plan proposes to preserve 26,183 square feet of
hillside area and transfer 11,634 square feet into Town mountain preservation.
Resolution 2006-13
Firerock Plaza Development Agreement
Page 4 of 6
History of Town Hillside Preservation Transfers
The following chart demonstrates other Development Agreements that Fountain Hills Town Councils
have previously approved allowing a transfer of hillside preservation through an in lieu contribution to
the Town mountain preserve. The last entry in the chart is the subject proposal.
Year
Approved
Development
Name
Total HPE
Area
Exempted
(acres)
Total HPE
Area
Exempted
(square feet)
Purchase
price per
square foot
Total
Purchase
Price
2001 Southwest Inn
@ Eagle
Mountain
0.69 30,056 $0.998 $30,000
2001 Four Peaks
Plaza
(Barclay
Group)
3.886 4,234 $1.354 $125,000
2002 Desert Vista
Place
Condominiums
0.097 169,279
$1.00
$4,234
2006 Firerock
Plaza
0.267 11,634 $2.83 $32,925
Fountain Hills Town Councils have a history of approving Development Agreements allowing for a transfer
of hillside preservation rights. In 2001, the Town entered into a Development Agreement with Barclay
Group for the development of Four Peaks Plaza, aka Target Plaza approving an in lieu contribution for
3.886 acres of hillside area. Also in 2001, the Town entered into a Development Agreement with
Southwest Inn at Eagle Mountain approving an in lieu contributions for 0.69 acres of hillside area. In 2002,
The Town entered into a Development Agreement with Desert Vista Condominiums approving an lieu
contribution for 0.097 acres of hillside area. The Development Agreement before Town Council today in
2006, is asking for an in lieu contribution for 0.267 acres of hillside area.
The purchase price per square foot varied from $0.998 to $1.354 between 2001 and 2002. In 2006, the
purchase price for an in lieu contribution of hillside area is $2.83 per square foot. This price increase is
consistent with the overall increase in the price of land in Fountain Hills.
How the Town Benefits
The proposed Development Agreement has benefits to the Town of Fountain Hills. In exchange for the
hillside preservation transfer the applicant has agreed to the following provisions: 1) to revegitate portions
of the lot that burned in an early 1990’s fire, 2) to contribute 60% of the total cost for a traffic signal on
Shea Boulevard at the common entrance to the project, 3) to improve the Shea Boulevard right of way with
features such as grading, paving, landscaping and drainage enhancements, and 4) to provide pedestrian
access to the site by a meandering sidewalk along Shea Boulevard as well as along Firebrick Drive.
Enclosed in your packet is the proposed landscape plan for this project. As you can see the applicant is
proposing extensive landscaping through out the site on their property, in the fire devastated hillside area
and along the Shea and Firebrick rights of way. The landscape palette mimics the natural desert in the
hillside area so, that once the plants have taken hold the vegetation will blend into the natural environment
as if it had grown there naturally. The landscaping on the property and in the Town rights of way balances
Resolution 2006-13
Firerock Plaza Development Agreement
Page 5 of 6
a desert palette with color and vibrancy. The slight change in the palette adds excitement to the landscaping
as well as defines the natural desert from the development area.
As a condition of this Development Agreement the applicant is also contributing funds to build a traffic
signal on Shea Boulevard at the common entrance to the site. The applicant shall be paying for 60% of the
cost of purchasing and installing this signal. This traffic signal shall benefit developments on both the
northeast and southwest sides of Shea Boulevard by increasing access into the commercial developments
and as a traffic calming measure.
Another condition of this development agreement is improving the Shea Boulevard right of way from the
proposed Firerock Plaza driveway to the north property line. These right of way improvements shall
include grading, paving, landscaping and drainage enhancements. As well, these improvements shall
contribute to what will eventually be a seamless sidewalk and landscape area from Saguaro to the edge of
Town.
Finally, as a condition of this Development Agreement the applicant has been asked to provide sidewalks
on both the Shea and Firebrick sides of the property. This requirement is in excess of the normal Town
standard as usually the Town would only require a sidewalk along Shea Boulevard. The additional
sidewalk along Firebrick Drive is important to the Town though as it provides safe passage for the residents
on Firebrick Drive to access this development and also the other commercial amenities on the southwest
and northeast sides of Shea Boulevard.
Concept Approval
The Planning and Zoning Commission voted to approve the Concept Plan CP2005-01 for Firerock Plaza at
their February 9, 2006 meeting subject to Town Council approving the Development Agreement and cut
waiver
RECOMMENDATION:
Staff recommends approval of the “Firerock Plaza Development Agreement,” Resolution 2006-13 with
the following stipulations:
1. The development shall occur in accordance with the Plan of Development titled “Firerock
Plaza,” dated 02/16/2006.
Attachments:
1. 3-D Project View
2. Site Plan
3. Slope Analysis
4. Proposed Landscape Plan
5. Front Elevation
6. Rear Elevation
7. Development Agreement
Resolution 2006-13
Firerock Plaza Development Agreement
Page 6 of 6
CASE MAP
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636948.1
RESOLUTION NO. 2006-13
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING A DEVELOPMENT
AGREEMENT WITH FIREROCK PLAZA L.L.C., RELATING TO THE DEVELOPMENT OF + 2.61 ACRES OF REAL PROPERTY, GENERALLY LOCATED ON THE SOUTH SIDE OF SHEA BOULEVARD, NORTHWEST
OF THE BEELINE HIGHWAY.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. That the Development Agreement between the Town of Fountain Hills and
the Firerock Plaza L.L.C., relating to the development of + 2.61 acres of real property, generally
located on the south side of Shea Boulevard, northwest of the Beeline Highway (the “Agreement”) is hereby approved in the form attached hereto as Exhibit A and incorporated herein by this reference.
SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town
Attorney are hereby authorized and directed to cause the execution of the Agreement and 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,
March 16, 2006.
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
636948.1
EXHIBIT A
TO
RESOLUTION NO. 2006-13
Town of Fountain HillsStaff PresentationZoning OrdinanceText AmendmentFractional Ownership
HISTORYApril 5, 2005The Town received a letter of complaint from the Sunridge CanyonCommunity Association regarding a house in Shadow Canyon being operated as a “Fractional Ownership”. (Time Share)June 16, 2005The Town Council asked staff to look into the issue and to report back with options to be considered.August 4, 2005Town staff presented three options for the Town Council’s consideration.1. Do Nothing2. Prohibit Fractional Ownership in Fountain Hills3. Allow Fractional Ownerships within the Lodging DistrictsTown Council instructed staff to investigate option #3 further.September 15, 2005Staff was instructed to present the matter of “Fractional Ownership” to the Planning & Zoning Commission and request that the they either initiate a zoning text amendment, or determine that the amendment is unnecessary at this time.January 26, 2006Planning & Zoning Commission initiated the ordinance revision.February 23, 2006Planning & Zoning Commission held a Public Hearing and voted to recommend that the Town Council approve the amendments.
Fractional OwnershipDefinitions1.Any dwelling unit, hotel, lot or parcel divided into periods of time under any arrangement, plan, scheme, or device; whether by membership, agreement, share, tenancy in common, sale, lease, deed, rental agreement, license, right-to-use agreement, or otherwise; where a purchaser, in exchange for consideration, receives a right to use the dwelling unit, hotel, lot, or parcel for a period of time less than a full year during any given year, but not necessarily for consecutive years, which extends for a period of more than three years; 2. A dwelling unit, hotel, lot, or parcel created into interests sold under an agreement to be subsequently divided or created into interests for the purpose of sale or lease or other similar arrangement, whether immediate or future, into eleven (11) or more undivided interests or eleven (11) or more other interests, or any other similar arrangement of interests in the dwelling unit, hotel, lot, or parcel.3.Fractional Ownership shall include the terms “Interval Ownership”and “Time Share Ownership”within its definition.
BACKGROUNDParadise Valley:•Enacted a complete prohibition of Time Share projects in 1983. •This provision has yet to be challenged in court. •Virtually no enforcement of the ordinance.Scottsdale:•Allows Time Shares by right in their R-4R, R-5, C-2, C-3 and I-G zoning districts. •Time shares are not permitted in other districts. •Ordinance has not yet been challenged. •They were unsure of any enforcement issues.Sedona:•Allows Time Shares by right within their Lodging ( L ) District. •New construction, or conversions must also receive approval fromthe City Council. Approvals are subject to CityCouncil approval of both a Zoning District change and a SpecialUse Permit. •Staff was unaware of any enforcement issues.As a result of staff’s review it was determined that Sedona provided the ordinance model closest to that which the Fountain Hills Town Council had requested. This staff recommendation therefore follows this model in that it would only allow Fractional Ownership units within the town’s three Lodging districts ( L-1, L-2 and L-3 ).
PROPOSALThis zoning amendment as outlined, will amend three sections (Sections 1.12, 5.22, and 16.02) of the Zoning Ordinance so as to :1.Adopt definitions of “Fractional Ownership”.2.Prohibit Fractional Ownerships in all zoning districts except the three Lodging Districts.3.Prohibit Commercial Fractional Ownerships.4.Prohibit any signage in residential areas that advertises Fractional Ownerships.
OPTIONS1.The Town Council may determine that “Fractional Ownerships”represent a land use that should be regulated within the Town of Fountain Hills. If this is decided, the Town Council should APPROVE this Text Amendment to the Zoning Ordinance.OR2.The Town Council may determine that “Fractional Ownerships”DO NOT represent a land use that should be regulated within the Town ofFountain Hills and amending the ordinance is NOT APPROPRIATE at this time. If thisis decided, the Town Council should DENY this Text Amendment to the Zoning Ordinance.Staff recommends Approval of this Zoning Ordinance Amendment.
ORDINANCE NO. 06-03
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS ZONING ORDINANCE, BY AMENDING CHAPTER 1,
INTRODUCTION, SECTION 1.12, DEFINITIONS; CHAPTER 16, LODGING
ZONING DISTRICT, SECTION 16.02, PERMITTED USES; AND CHAPTER
5, GENERAL PROVISIONS, BY ADDING A NEW SECTION 5.22,
PROHIBITION OF FRACTIONAL OWNERSHIP PROJECTS; RELATING TO
FRACTIONAL OWNERSHIP USES WITHIN THE LODGING ZONING
DISTRICTS.
WHEREAS, the Mayor and Town Council of the Town of Fountain Hills (the “Town
Council”) adopted Ordinance No. 93-22 on November 18, 1993, which adopted the Town of
Fountain Hills Zoning Ordinance (the “Zoning Ordinance”); and
WHEREAS, the Town Council desires to amend the Zoning Ordinance to provide
regulations for fractional ownership, interim ownership and time share projects; and
WHEREAS, pursuant to ARIZ. REV. STAT. § 9-462.04, public hearings were advertised
in the December 21, 2005 and December 28, 2005, editions of The Times of Fountain Hills and
Rio Verde; and
WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning
Commission (the “Commission”) on February 23, 2006 and by the Town Council on March 16,
2006; and
WHEREAS, the Commission recommended approval of this Ordinance by a vote of 6-1
on February 23, 2006.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. That the Town of Fountain Hills Zoning Ordinance, Chapter 1,
Introduction, Section 1.12, Definitions, is hereby amended by adding the following:
Fractional Ownership Interest: A contractual right of occupancy in a Fractional
Ownership Project, whether by membership, agreement, share, tenancy in common, sale,
deed, license, right-to-use agreement or otherwise, where such right is divided into
eleven (11) or more undivided interests, whether or not such interest is coupled with an
estate in real property, where a purchaser, in exchange for consideration, receives a right
to use a portion of a Fractional Ownership Project for a period of time less than six
months during any given year. Fractional Ownership Interest shall include interests
otherwise know as “Interval Ownership” or “Time Share Ownership.”
Fractional Ownership Project: A project consisting of any dwelling unit, hotel, lot or
parcel in which a purchaser receives a Fractional Ownership Interest.
637184.1
SECTION 2. That the Town of Fountain Hills Zoning Ordinance, Chapter 5, General
Provisions, is hereby amended by adding a new Section 5.22, Prohibition of Fractional
Ownership Projects, as follows:
Section 5.22 Prohibition of Fractional Ownership Projects.
Fractional Ownership Projects are hereby prohibited within any zoning district other than
the Lodging Zoning Districts (L-1, L-2 and L-3), as set forth in Section 16.02(A)(4).
SECTION 3. That the Town of Fountain Hills Zoning Ordinance, Chapter 16, Lodging
Zoning District, Section 16.02, Permitted Uses, is hereby amended by adding the following:
A. Uses Permitted in the L-1, L-2 and L-3 Zoning Districts.
. . .
4. Fractional Ownership Projects, provided that no signage shall be permitted
that identifies an individual dwelling unit as a Fraction Ownership unit.
SECTION 4. That if any provision or any portion of any provision of this Ordinance is
for any reason held to be unconstitutional or otherwise unenforceable by a court of competent
jurisdiction, such provision or portion thereof shall be deemed separate, distinct and independent
of the remaining provisions of this Ordinance and shall be severed therefrom without affecting
the validity of the remaining portions of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, March 16, 2006.
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
637184.1
2
636936.1
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Date: 3/16/06
Submitting Department: Administration Contact Person: Tim Pickering
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: Development Fee Schedule
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 06-07, amending Chapter 7 of
the Town Code deleting the movie theater development fee category.
Staff Recommendation: Fiscal Impact: Yes $
Purpose of Item and Background Information: See attached memorandum from Town Attorney
Andrew McGuire.
List All Attachments as Follows: Memorandum from Town Attorney Andrew McGuire; Ordinance No.
06-07.
Type(s) of Presentation: Verbal
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager
636936.1
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ORDINANCE NO. 06-07
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS
TOWN CODE, CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS,
ARTICLE 7-10, DEVELOPMENT FEES, RELATING TO MOVIE THEATER
DEVELOPMENT FEES.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. That the Fountain Hills Town Code, Chapter 7, Buildings and Building
Regulations, Article 7-10, Development Fees, Section 7-10-8, Fees, is hereby amended as
follows:
Section 7-10-8 Fees
All new residential and non-residential development in the Town shall be subject to payment of
the following development fees:
Town Service Unit Fee
General Government
Residential (1)
Non-Residential (2)
dwelling
s.f.
$1,000
$0.639
Law Enforcement
Residential (1)
Non-Residential (2)
dwelling
s.f.
$594
$0.380
Open Space
Residential (1)
dwelling
$856
Parks and Recreation
Residential (1)
dwelling
$1,345
Streets
Single Family Residential
Multi-Family Residential
Commercial
dwelling
dwelling
s.f.
$988
$586
$1.392
636936.1
9
OFFICE
HOTEL
MOVIE THEATER
Industrial
S.F.
S.F.
S.F.
s.f.
$0.892
$0.392
$0.00
$0.089
Fire & Emergency
Residential (1)
Non-Residential (2)
dwelling
s.f.
$139
$0.089
Library and Museum
Residential (1)
dwelling
$163
(1) Residential includes single and multi-family dwelling units.
(2) Non-Residential includes commercial and industrial square footage.
SECTION 2. That, if prior to July 1, 2006, the Town annexes into its corporate limits
that certain 1,320 acres of real property located immediately north of the current northern
boundary of the Town, presently owned by the State of Arizona and commonly referred to as the
“State Trust Land”, the Fountain Hills Town Code, Chapter 7, Buildings and Building
Regulations, Article 7-10, Development Fees, Section 7-10-8, Fees, is hereby amended as
follows:
Section 7-10-8 Fees
All new residential and non-residential development in the Town shall be subject to payment of
the following development fees:
Town Service Unit Fee
General Government
Residential (1)
Non-Residential (2)
dwelling
s.f.
$928
$0.581
Law Enforcement
Residential (1)
Non-Residential (2)
dwelling
s.f.
$441
$0.276
Open Space
Residential (1)
dwelling
$810
636936.1
10
Parks and Recreation
Residential (1)
dwelling
$1,382
Streets
Single Family Residential
Multi-Family Residential
Commercial
OFFICE
HOTEL
MOVIE THEATER
Industrial
dwelling
dwelling
s.f.
S.F.
S.F.
S.F.
s.f.
$1,291
$765
$2.081
$1.281
$0.581
$0.00
$0.062
Fire & Emergency
Residential (1)
Non-Residential (2)
dwelling
s.f.
$99
$0.062
Library and Museum
Residential (1)
dwelling
$163
(1) Residential includes single and multi-family dwelling units.
(2) Non-Residential includes commercial and industrial square footage.
SECTION 3. That if any provision or any portion of any provision of this Ordinance is
for any reason held to be unconstitutional or otherwise unenforceable by a court of competent
jurisdiction, such provision or portion thereof shall be deemed separate, distinct and independent
of the remaining provisions of this Ordinance and shall be severed therefrom without affecting
the validity of the remaining portions of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, March 16, 2006.
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
Z:\Council Packets\2006\R3-16-06\Agenda 3-16-06.doc Last printed 3/9/2006 4:23 PM
Page 2 of 3
REGULAR AGENDA
4.) CONSIDERATION of RESOLUTION 2006-13, regarding a Development Agreement between the Town of Fountain Hills and Firerock Plaza, LLC.
5.) CONSIDERATION of a CUT WAIVER for “Firerock Plaza”, located at 17225 E. Shea Boulevard, aka Plat 704, Block 6, Lots 5 and 6. Case #CFW2005-03.
6.) PUBLIC HEARING of ORDINANCE 06-03, a proposed text amendment to the Zoning Ordinance for the Town of Fountain Hills restricting Fractional Ownership Uses to Lodging Zoning Districts only. Case#Z2005-06.
7.) CONSIDERATION of ORDINANCE 06-03, a proposed text amendment to the Zoning Ordinance for the Town of Fountain Hills restricting Fractional Ownership Uses to Lodging Zoning Districts only. Case#Z2005-06.
8.) CONSIDERATION of ORDINANCE 06-07, amending Chapter 7 of the Town Code deleting the movie theater development fee category.
9.) COUNCIL DISCUSSION/DIRECTION to the Town Manager.
Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council:
A. NONE
10.) SUMMARY OF COUNCIL REQUESTS by Town Manager.
11.) ADJOURNMENT.
DATED this 10th day of March 2006.
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.