Press Alt + R to read the document text or Alt + P to download or print.

No preview available

The URL can be used to link to this page

Home My WebLink About4-20-06 Packet NOTICE OF REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Wally Nichols Councilmember Mike Archambault Councilmember Ed Kehe Councilmember Ginny Dickey Councilmember Keith McMahan Councilmember John Kavanagh Vice Mayor Jay Schlum TIME: 6:30 P.M. - REGULAR SESSION WHEN: THURSDAY, APRIL 20, 2006 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk’s position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name prior to commenting and to direct their comments to the Presiding Officer and not to individual 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. Z:\Council Packets\2006\R4-20-06\Agenda4-20-06.doc Last printed 4/13/2006 5:32 PM Z:\Council Packets\2006\R4-20-06\Agenda4-20-06.doc Last printed 4/13/2006 5:32 PM • CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols • INVOCATION – Pastor Don Lawrence, Christ’s Church • ROLL CALL – Mayor Nichols • MAYOR’S REPORT: The Mayor will acknowledge Ginny Dickey as a new councilmember. The Mayor will recognize outgoing McDowell Mountain Preservation Commissioners Roy Kinsey & Karen Holloway. The Mayor will recognize outgoing Community Center Advisory Commissioner Grace Jakubs. The Mayor will recognize the Goyenas – MCO Realty for their sponsorship of the Eggstravaganza. The Mayor will read a proclamation declaring April 30, 2006, as Fountain Hills Children’s Day 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 April 6, 2006. *2.) CONSIDERATION of the PRELIMINARY and FINAL PLAT for “Desert View Condominiums”, a 2-unit condominium project, located at 12212 Desert Sage Drive; aka Plat 206, Block 8, Lot 26. Case# S2006-04. *3.) CONSIDERATION of the PRELIMINARY and FINAL PLAT for “Vistoso at Mountainside Condominiums”, a 4-unit condominium project, located at 13204 N. Mountainside Drive aka Plat 601A, Block 3, Lot 1. Case # S2006-05. *4.) CONSIDERATION of RESOLUTION 2006-15, approving an INTERGOVERNMENTAL AGREEMENT between the Town of Fountain Hills and Maricopa County for operating and administering a Special Transportation Service and public shuttle service for the period July 1, 2005, and July 30, 2006, in the amount of $74,287.52. *5.) CONSIDERATION of approving a PURCHASING AGREEMENT with Tot Turf, Robinson Industries Incorporated (Mohave Education Services Cooperative, Inc.) to install ADA compliant playground impact surfaces at both Four Peaks and Golden Eagles Parks. *6.) CONSIDERATION of approving a two-unit PRELIMINARY AND FINAL PLAT for the “Primrose Duplex II Condominiums,” located at 16025 E. Primrose Drive aka Plat 601A, Block 1, Z:\Council Packets\2006\R4-20-06\Agenda4-20-06.doc Last printed 4/13/2006 5:32 PM Lot 46. Case # S2006-07. *7.) CONSIDERATION of a REPLAT of “Sheridan Plaza”, located at 16600 Avenue of the Fountains, into two lots. Case# S2006-06. *8.) CONSIDERATION of approving a two-unit PRELIMINARY AND FINAL PLAT for the “Ashbrook View Estate Condominiums”, located at 16707 E. Ashbrook Drive aka Plat 111, Block 7, Lot 14. Case # S2006-09. *9.) CONSIDERATION of a PURCHASE AGREEMENT with Road Markings, Incorporated for thermoplastic road markings in the amount of $35,400.00. REGULAR AGENDA 10.) CONSIDERATION of a REPLAT at 16440 N. Aspen Drive aka Plat 506B, Block 3, Lot 8 into two lots 8A and 8B and a UTILITY DISTURBANCE PERMIT for Lot 8A, Block 3, Plat 506B. Case #S2006-03. 11.) CONSIDERATION of a SPECIAL USE PERMIT for “Appian Lofts” to allow residential apartments in the C-C zoning district, property located at 11022 N. Saguaro Boulevard, Plat 202A, Block 1, Lots 24 and 25. Case #SU2005-07. 12.) CONSIDERATION of a TEMPORARY USE PERMIT for Carol Gregory to operate a Bed and Breakfast at 15868 Aspen Drive, Plat 506A, Block 1, Lot 23. Case #TU2006-04. 13.) PUBLIC HEARING to receive comment on Annexation #AN2006-01, extending and increasing the corporate limits of the Town of Fountain Hills pursuant to the provisions of Arizona Revised Statutes § 9-471, annexing thereto certain State Trust Land located north and east of the existing Town limits, south of McDowell Mountain Regional Park and west of the Fort McDowell Yavapai Nation. 14.) 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 15.) SUMMARY OF COUNCIL REQUESTS by Town Manager. 16.) ADJOURNMENT. DATED this 14th day of April 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. ACKNOWLEDGMENT OF EGGSTRAVAGANZA SPONSORS On behalf of myself, the members of the Town Council and Staff, and the residents of Fountain Hills, we wish to recognize the contribution, for the fourth straight year, of The Goyena’s and MCO Realty for their sponsorship of the 2006 “Eggstravaganza” to be held on Saturday, April 8th. The “Eggstravaganza” is a wonderful tradition for Fountain Hills, began many years ago by volunteers at Fountain Park with thousands of hard-boiled eggs. The event is now held at Golden Eagle Park and consists of over 12,000 plastic eggs stuffed with candy and toys and continues to be an exciting time for both children and their families each year. Our appreciation to The Goyena’s and MCO Realty for their willingness to serve their community through their continued sponsorship of this unique Town event. Thank you. TOWN OF FOUNTAIN HILLS PROCLAMATION Whereas, many nations throughout the world, and especially within the Western hemisphere, celebrate "Dia de los Niños" on the 30th of April, in recognition and celebration of their country's future--their children; and Whereas, children represent the hopes and dreams of the people of the United States; and Whereas, children should be nurtured and invested in to preserve and enhance economic prosperity, democracy, and the American spirit; and Whereas, the designation of a day to honor the children of the United States will help affirm for the people of Fountain Hills the significance of family, education, and community; Now, therefore, I, Wally Nichols, Mayor, do hereby proclaim April 30, 2006 as "Dia de los Niños: Celebrating Young Americans" day in the Town of Fountain Hills, Arizona. IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the official seal of the Town of Fountain Hills, Maricopa County, Arizona this 6th day of April, 2006. _______________________________________ Wallace J. Nichols, Mayor _______________________________________ Bevelyn J. Bender, Town Clerk Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: April 20, 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 April 6, 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: April 20, 2006 Submitting Department: Public Works Contact Person: Bob Rodgers Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Finance Regular Agenda Wording: CONSIDERATION of the Preliminary and Final Plat, Labeled “Final Plat, Desert View Condominiums”, a 2-unit condominium project. located at 12212 Desert Sage Drive. AKA (Plat 206, Block 8, Lot 26) Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: 2-unit condominium plat List All Attachments as Follows: Staff Report, Application, Plat (2pgs) Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager TOWN OF FOUNTAIN HILLS PLANNING & ZONING COMMISSION STAFF REPORT TO: Honorable Mayor & Town Council DT: April 20, 2006 FR: Robert Rodgers, Senior Planner THR: Richard Turner, AICP Planning and Zoning Administrator RE: Preliminary & Final Plat “Desert View Condominiums” CASE #S2006-04 LOCATION: 12212 Desert Sage Drive --- Plat 206, Block 8, Lot 26 REQUEST: Consider the Preliminary and Final Plat, Labeled “Final Plat, Desert View Condominiums”, a 2-unit condominium project. DESCRIPTION: OWNER: Allen-West, Inc. APPLICANT: Allen-West, Inc. EXISTING ZONING: R-2 EXISTING CONDITION: Under Construction LOT SIZE: 0.23 acres (10,000 sf) SURROUNDING LAND USES AND ZONING: NORTH: Single Family House; Zoned “R-2” SOUTH: Single Family House; Zoned “R-2” EAST: Desert Sage Vista Condominiums; Duplex; Zoned “R-2” WEST: Edbear Twins Condominiums; 2 units; Zoned “R-2” SUMMARY: This request is for approval of the Preliminary and Final Plat for “Final Plat, Desert View Condominiums”, Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. This is a basic division of a building that is currently under construction and this project does not involve any off-site public improvements. The owner, Allen-West, Inc., has applied to convert a two-unit residential complex and record a Declaration of Condominium in order to sell the units individually. Unit A has a maximum livable area of 1,399 square feet. Unit B also has a maximum livable area of 1,399 square feet. Each unit has a garage, covered entry, and patio. The property meets all underlying requirements of the zoning district. RECOMMENDATION: Staff recommends approval of Case #S2006-04; Labeled “Final Plat, Desert View Condominiums” Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: April 20, 2006 Submitting Department: Public Works Contact Person: Bob Rodgers Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Finance Regular Agenda Wording: CONSIDERATION of the Preliminary and Final Plat, Labeled “Vistoso at Mountainside Condominium”, a 4-unit condominium project located at 13204 N. Mountainside Drive. AKA Plat 601-A, Block 3, Lot 1 Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: 4-unit condominium plat List All Attachments as Follows: Staff Report, Application, Plat (2pgs), Letter from the Sanitary District Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager TOWN OF FOUNTAIN HILLS PLANNING & ZONING COMMISSION STAFF REPORT TO: Honorable Mayor & Town Council DT: April 20, 2006 FR: Robert Rodgers, Senior Planner THR: Richard Turner, AICP Planning and Zoning Administrator RE: Preliminary & Final Plat “Vistoso at Mountainside Condominium” CASE #S2006-05 LOCATION: 13204 N. Mountainside Drive --- Plat 601-A, Block 3, Lot 1 REQUEST: Consider the Preliminary and Final Plat, Labeled “Vistoso at Mountainside Condominium”, a 4-unit condominium project. DESCRIPTION: OWNER: John Gauld APPLICANT: HTPO, Inc. EXISTING ZONING: R-3 EXISTING CONDITION: Built LOT SIZE: 0.31 acres (13,500 sf) SURROUNDING LAND USES AND ZONING: NORTH: Villa De Este Condominiums; Zoned “R-3” SOUTH: Vacant; Zoned “R-3” EAST: Single Family House; Zoned “R1-6” WEST: Casa El Lago Condominiums; Zoned “R-3” SUMMARY: This request is for approval of the Preliminary and Final Plat for “Vistoso at Mountainside Condominium”, Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. This is a basic division of an existing building. This project does not involve any off-site public improvements. The owner has applied to convert a 4-unit residential complex and record a Declaration of Condominium in order to sell the units individually. All units have a maximum livable area of 1,001 square feet. Each unit has a covered entry, and patio. The property meets all underlying requirements of the zoning district. RECOMMENDATION: Staff recommends approval of Case #S2006-05; Labeled “Final Plat, Vistoso at Mountainside Condominium” Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 4/20/06 Submitting Department: Public Works Contact Person: John Morast 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 2006-15, approving an INTERGOVERNMENTAL AGREEMENT between the Town of Fountain Hills and Maricopa County for operating and administering a Special Transportation Service and public shuttle service for the period July 1, 2005, and July 30, 2006, in the amount of $74,287.52. Staff Recommendation: Approve Fiscal Impact: Yes $74,287.52 Purpose of Item and Background Information: The Town currently has historically relied on Local Transportation Assistance Fund (LTAF) funding to fund this Special Transportation Services (STS). The STS service consists of two services. A special needs portion for free transit services for qualifying elderly, low-income, and disabled residents and a free shuttle for Fountain Hills residents. In the past these LTAF funds have been adequate to cover contract expenses. However, this fiscal year, the Town received only $20,418.91 in LTAF funding, while the program costs are $74,287.52. This year, the program should be continued with the funding deficit made up with surplus general fund dollars. However, it is anticipated that next fiscal year, the Town will not receive any LTAF funding for this program. The Town will continue to fund a Special Needs portion of the service for qualifying elderly, low-income, and disabled residents, but due to the State cutting the funding, we will be forced to eliminate the free Fountain Hills shuttle next fiscal year. List All Attachments as Follows: Staff memo and Maricopa County Intergovernmental Agreement Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager Z:\Council Packets\2006\R4-20-06\Special Transportation Services memo and action.doc TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Council DT: March 1, 2006 FR: John W. Morast, Asst. Public Works Director TH: Thomas L. Ward, Director of Public Works RE: Intergovernmental Agreement (IGA) with Maricopa County for Special Transportation Services (STS) The Town has been providing free transit services to residents and to elderly, low-income, and disabled residents through a contract with Maricopa County for special transportation services. The Town has historically funded this service through the Local Transportation Assistance Fund (LTAF) dollars. The LTAF funds are typically distributed to the Town after the beginning of the fiscal year, so their amounts must be estimated during each budget process. For FY 2005/2006 an amount of $68,125 was budgeted for as the LTAF distribution, which was consistent with past amounts. However, the actual amount of LTAF funds the Town received was $20,418.91, resulting in a program that is under funded. Rather than eliminating a program in mid-year, Town staff recommends providing additional funding for the reminder of the fiscal year to continue the program through June 30, 2006. Additionally, Maricopa County is projecting the number of rides to exceed the contract amount, so the hours of operation will slightly decrease in April to ensure the contract amount is not exceeded. Additionally, it is anticipated that the Town will not receive any LTAF funding next fiscal year. Staff is discussing options with Maricopa County on providing special transit services for next year. The options include full services, limited services, and not providing services at all. Staff recommends approval of the Intergovernmental Agreement with Maricopa County for FY 2005/2006 Special Transportation Services in the amount not to exceed $74,287.52. Z:\Council Packets\2006\R4-20-06\Special Transportation Services memo and action.doc 643960.1 RESOLUTION NO. 2006-15 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FOR SPECIAL TRANSPORTATION SERVICES. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Intergovernmental Agreement between the Town of Fountain Hills and Maricopa County relating to a special transportation service program which provides limited transportation to the Mayo Clinic (the “Agreement”) is hereby approved in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to cause the execution of the Agreement. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, April 20, 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 643960.1 EXHIBIT A TO RESOLUTION NO. 2006-16 [Intergovernmental Agreement] See following pages. Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: April 20, 2006 Submitting Department: Public Works Contact Person: Bob Rodgers 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 a REPLAT of “Sheridan Plaza”, located at 16600 Avenue of the Fountains, into two lots. Case# S2006-06. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Splitting the lot into two lots. Lot 1 will contain the existing bank. Lot 2 will contain the vacant area. Both lots will share parking. List All Attachments as Follows: Staff Report, Application, Plat, Applicant's Narrative Report, Locus Map Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager TOWN OF FOUNTAIN HILLS PLANNING & ZONING COMMISSION STAFF REPORT TO: Honorable Mayor & Town Council DATE: April 20, 2006 FROM: Robert Rodgers, Senior Planner THR: Richard Turner, AICP Planning & Zoning Administrator RE: Lot Split “Sheridan Plaza Replat” Case # S2006-06 LOCATION: 16600 E. Avenue of the Fountains, (APN# 176-05-138) REQUEST: Consider the division of the existing commercial property into two lots. DESCRIPTION: OWNERS: Washington Federal Savings Bank APPLICANT: Washington Federal Savings Bank EXISTING ZONING: C-2 EXISTING CONDITION: Existing Bank and Parking Lot LOT SIZE: 41,206 square feet (.94 acres) SUMMARY: Sheridan Plaza (AKA Plat 208, Lot 17) currently contains the Washington Federal Savings Bank and attendant parking lot. The lot is 41,206 sq ft in area. The proposed lot split will divide the property into two lots. Lot 1 will contain 24,254 sq ft and the existing bank building and a portion of the parking lot. Lot 2 will contain 16,952 sq ft, a portion of the parking lot, and the remaining vacant area. The proposed property line will bisect the parking lot. Both lots will share the parking through a mutual access easement. Any subsequent development of lot 2 will require additional on-site parking be provided. RECOMMENDATION: Staff recommends approval of #S2006-06; Final Plat Labeled “Final Plat of Sheridan Plaza” Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 4/20/06 Submitting Department: Public Works Contact Person: John Morast 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 approving a contract with Road Markings, Incorporated for thermoplastic pavement markings in the amount of $35,400.00. Staff Recommendation: Approve Fiscal Impact: Yes $35,400.00 Purpose of Item and Background Information: The Town currently has $35,400 budgeted in the street department for pavement markings. Thermoplastic pavement striping will be replaced on those streets that are striped and are currently scheduled to be slurry or micro-sealed. Existing thermoplastic striping will also be replaced throughout Town. List All Attachments as Follows: Staff memo, MCDOT Contract # 05037, purchase agreement between Road Markings, Incorporated and the Town. Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager Z:\Council Packets\2006\R4-20-06\Road Markings memo and action.doc TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Council DT: February 15, 2006 FR: John W. Morast, Asst. Public Works Director TH: Thomas L. Ward, Director of Public Works RE: Contract with Road Markings, Incorporated for Installation of Thermoplastic Road Markings Road Markings, Incorporated, is currently under contract with Maricopa County for the installation of Paint Stripes and Markings, Thermoplastic Stripes and Markings Raised Pavement Markings. The Town is permitted to utilize the current Maricopa County contract without additional public bidding. By utilizing the County contract, the Town receives a cost savings based on scales of economy because of the volume of striping material included in the County contract. Staff recommends approval of the purchase agreement with Road Markings, Inc. in the amount of $35,400.00. Z:\Council Packets\2006\R4-20-06\Road Markings memo and action.doc 637564.1 PURCHASE AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND ROAD MARKINGS, INC. THIS PURCHASE AGREEMENT (this “Agreement”) is entered into as of April 6, 2006, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Road Markings, Inc., an Arizona corporation (“Vendor”). RECITALS A. After a competitive bidding process, the County of Maricopa, Arizona, entered into contract number NIGP CODE 91276 with the Vendor for the installation of paint stripes and markings, thermoplastic stripes and markings and raised pavement markers (the “County Contract”). The County Contract is attached hereto as Exhibit A and incorporated herein by this reference. B. The Town is permitted to purchase thermoplastic road markings under the County Contract without further public bidding, and the County Contract permits its cooperative use by other Arizona municipalities including the Town. C. The Town desires to purchase thermoplastic road markings under the County Contract for a lower cost than would otherwise be available. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the covenants and promises contained herein, the parties hereby agree as follows: 1. Vendor shall provide to the Town thermoplastic road markings under the terms and conditions of the County Contract and as set forth in the Requisition Form attached hereto as Exhibit B and incorporated herein by this reference. 2. The total purchase price for the thermoplastic road markings as authorized in this Agreement is $35,400.00. 3. Free on board, Town’s place of business. Delivery shall be not later than three days from receipt of order by Vendor. 4. This Agreement may be cancelled pursuant to ARIZ. REV. STAT. § 38-511. [SIGNATURES ON FOLLOWING PAGE] 637564.1 EXHIBIT A TO PURCHASE AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND ROAD MARKINGS, INC. [County Contract] See following pages. 637564.1 EXHIBIT B TO PURCHASE AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND ROAD MARKINGS, INC. [Requisition Form] See following page. Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: April 20, 2006 Submitting Department: Public Works Contact Person: Bob Rodgers 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 a SPECIAL USE PERMIT for “Appian Lofts” to allow residential apartments in the C-C zoning district, property located at 11022 N. Saguaro Boulevard, Plat 202A, Block 1, Lots 24 and 25. Case #SU2005-07. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Application to permit second floor residential units in the C-C zoning district. List All Attachments as Follows: Staff Report, Plans (5 pgs), Applicant's Narrative Report (3 pgs) Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager TOWN OF FOUNTAIN HILLS PLANNING & ZONING COMMISSION STAFF REPORT TO: Honorable Mayor & Town Council DATE: April 20, 2006 FR: Robert Rodgers, Senior Planner THR: Richard Turner, Planning & Zoning Administrator RE: Special Use Permit Appian Lofts Case #SU2005-07 LOCATION: 11022 N. Saguaro Blvd. AKA Plat 202A, Block 1, Lots 24 & 25 REQUEST: Consider a Special Use Permit to permit a residential use within the C-C Zoning District for the Appian Lofts project. DESCRIPTION: OWNERS: Bruno La Banca APPLICANT: Bruno La Banca EXISTING ZONING: C-C EXISTING CONDITION: Vacant LOT SIZE: 12,812 sf (.29 Acres ) SURROUNDING LAND USES & ZONING: North: Commercial Restaurant - “C-C” Zoning South: Commercial Vacant Lot - “C-C” Zoning East: Commercial Parking Area - “C-C” Zoning West: Multi-Family Condominiums - “R-3” Zoning SUMMARY: The proposed 2-story mixed-use building contains 7,500 sq. ft. of ground floor commercial space in two suites and 12,186 sq. ft. of second floor residential space in eight units. The total gross area of the building equals 24,802 sf. Commercial units range in size from 3,616 sf to 3,884 sf. Parking for the commercial units will be provided within the existing shopping center parking areas. Residential units range in size from 968 sf to 1,580 sf. Parking for the residential units will be provided within the existing shopping center parking areas as well as by eight garage spaces which face the rear alley. The C-C zoning district is a zero lot line district. As such, buildings may be constructed up to the property line with no setback being required. BACKGROUND: At the regular meeting of January 26, 2006, the Planning & Zoning Commission voted to deny two applications regarding this project. First, the commission denied the Concept Plan due to issues of parking and pedestrian access (CP2005-15). Second, the commission made a recommendation to the Town Council to deny the Special Use Permit to allow residential units in the C-C zoning district (SU2005-07). At the regular meeting of March 23, 2006, the applicants submitted a revised Concept Plan to the Planning & Zoning Commission. Upon review, the Planning & Zoning Commission voted to approve the revised Concept Plan subject to six stipulations. The previous decision to recommend that the Special Use Permit be denied was not changed. DISCUSSION: When reviewing the Special Use Permit request, the Council must make specific findings as provided in the zoning ordinance. The commission must consider the following: 1. The nature of the use and any special conditions influencing its location in the zoning district. 2. The proposed locations of buildings 3. Traffic generation 4. Parking location and adequacy 5. The effects of any of the above on adjoining properties. In reaching their recommendation to deny the requested Special Use Permit, the Planning & Zoning Commission did not find that the establishment, maintenance, and/or operation of the use applied for would not be detrimental to the public comfort, and general welfare of persons or property residing or working in the neighborhood. The applicants subsequently requested that their public hearing before the Town Council be postponed so that they could re-design their proposal and re-submit to the Planning & Zoning Commission. RECOMMENDATION: Staff recommends approval of the Special Use Permit to allow residential condominiums on the second floor of the proposed Appian Lofts development as the application meets the necessary criteria as outlined in the Zoning Ordinance. The Planning & Zoning Commission recommends denial of the Special Use Permit for residential condominiums on the second floor of the proposed Appian Lofts development due to concerns with parking, access, and the desire to protect the integrity of commercially zoned properties in this area. TOWN OF FOUNTAIN HILLS PLANNING & ZONING COMMISSION STAFF REPORT TO: Honorable Mayor & Town Council DATE: April 20, 2006 FROM: Robert Rodgers, Senior Planner THR: Richard Turner, Planning & Zoning Administrator RE: Aspen Drive Bed & Breakfast Case #TU2006-04 LOCATION: 15868 N. Aspen Drive (AKA Plat 506A, Block 1, Lot 23) (APN #176-22-482) REQUEST: Consider a Temporary Use Permit to allow the operation of a Bed & Breakfast for a period of up to two years. DESCRIPTION: OWNER: Carol Gregory APPLICANT: Carol Gregory EXISTING ZONING: R1-10 EXISTING CONDITION: Owner-Occupied Single-Family Dwelling LOT SIZE: 38,314 Square Feet SURROUNDING LAND USES AND ZONING: NORTH: Single-Family Residences – “R1-10” Zoning SOUTH: Ashbrook Wash – “R1-10” Zoning EAST: Future School Site – “R1-35” Zoning WEST: Single-Family Residences – “R1-10” Zoning SUMMARY: Carol Gregory has requested that a TEMPORARY USE PERMIT be issued to allow her to operate a Bed & Breakfast at her home located at 15868 N. Aspen Drive. The property is on the south side of the Aspen Drive and backs up to Ashbrook Wash. The property is accessed by a looped driveway with two exits onto Aspen Drive. The applicant proposes to use an existing casita as a B&B guest suite. The property also has a swimming pool and basketball court in the rear yard. This permit would have allowed the applicant to operate a Bed & Breakfast for a period of two years. However, this Temporary Use Permit application was protested, thereby requiring a hearing by the Town Council. Four letters of protest were received and are included with this report. The concerns noted were traffic, noise, out of character with the neighborhood. Town Council must now determine whether or not to permit the issuance of the Temporary Use Permit. PROPOSAL: The applicants wish to operate a Bed & Breakfast in an existing casita for 24-25 weeks per year. The proposed maximum number of guests is two at a time. One guest vehicle will be allowed to park in the existing driveway. The applicant cites past experience running a Bed & Breakfast for twenty years as evidence that they can be successful. ANALYSIS: Section 2.03.D.4 of the Zoning Ordinance requires that the Town Council hold a public hearing regarding any temporary use permit application that receives a written protest. Under Section 2.03 of the Zoning Ordinance, in order to grant a temporary use permit, the findings of the Council must be that the establishment, maintenance, or operation of the use applied for will not be detrimental to the public health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, nor shall it be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the town. Section 10.03.B of the Zoning Ordinance allows Bed & Breakfasts within residential zoning districts by Temporary Use Permit subject to three conditions: 1. No more than two (2) bedrooms per residence may be used for the business. 2. No more than two (2) persons per room. 3. One off-street, non-tandem parking space per bedroom. The Fountain Hills Zoning Ordinance also allows that reasonable conditions may be imposed upon temporary use permits. The Council may designate such conditions in connection with the temporary use permit as it deems appropriate to secure the intent and purposes of the zoning ordinance and may require guarantees and evidence that the applicant will comply with the conditions placed upon the temporary use permit. A temporary use permit issued by the Town Council becomes effective either the day after the Council's decision if no conditions for operation are outstanding; or, the day after any outstanding conditions are met. A time limit must be established for this use as conducted under the temporary use permit. At no time can a temporary use permit be granted for more than two (2) years. Temporary use permits may be revoked by the Town Council if any of the conditions or terms of the permit are violated, or if any law or ordinance is violated. RECOMMENDATION: Staff does not recommend that the Temporary Use Permit be granted due to its incompatibility with the existing single-family residential neighborhood. (Case #TU2006-04) Z:\Council Packets\2006\R4-20-06\Agenda4-20-06.doc Last printed 4/13/2006 5:32 PM Lot 46. Case # S2006-07. *7.) CONSIDERATION of a REPLAT of “Sheridan Plaza”, located at 16600 Avenue of the Fountains, into two lots. Case# S2006-06. *8.) CONSIDERATION of approving a two-unit PRELIMINARY AND FINAL PLAT for the “Ashbrook View Estate Condominiums”, located at 16707 E. Ashbrook Drive aka Plat 111, Block 7, Lot 14. Case # S2006-09. *9.) CONSIDERATION of a PURCHASE AGREEMENT with Road Markings, Incorporated for thermoplastic road markings in the amount of $35,400.00. REGULAR AGENDA 10.) CONSIDERATION of a REPLAT at 16440 N. Aspen Drive aka Plat 506B, Block 3, Lot 8 into two lots 8A and 8B and a UTILITY DISTURBANCE PERMIT for Lot 8A, Block 3, Plat 506B. Case #S2006-03. 11.) CONSIDERATION of a SPECIAL USE PERMIT for “Appian Lofts” to allow residential apartments in the C-C zoning district, property located at 11022 N. Saguaro Boulevard, Plat 202A, Block 1, Lots 24 and 25. Case #SU2005-07. 12.) CONSIDERATION of a TEMPORARY USE PERMIT for Carol Gregory to operate a Bed and Breakfast at 15868 Aspen Drive, Plat 506A, Block 1, Lot 23. Case #TU2006-04. 13.) PUBLIC HEARING to receive comment on Annexation #AN2006-01, extending and increasing the corporate limits of the Town of Fountain Hills pursuant to the provisions of Arizona Revised Statutes § 9-471, annexing thereto certain State Trust Land located north and east of the existing Town limits, south of McDowell Mountain Regional Park and west of the Fort McDowell Yavapai Nation. 14.) 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 15.) SUMMARY OF COUNCIL REQUESTS by Town Manager. 16.) ADJOURNMENT. DATED this 14th day of April 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.