HomeMy WebLinkAbout5-15-08 packet
NOTICE OF THE EXECUTIVE AND
REGULAR SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 5:30 P.M. - 6:00 P.M. - EXECUTIVE SESSION
(Executive Session will be held in the Fountain Conference Room - 2nd floor)
6:30 P.M. - REGULAR SESSION
WHEN: THURSDAY, MAY 15, 2008
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 EAST 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. If there is a Public Hearing, please
submit the speaker card for that issue prior to the beginning of the Public Hearing and the
Consideration of said issue.
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. In order to conduct an
orderly business meeting, the Presiding Officer shall keep control of the meeting and shall require
the speakers and audience to refrain from abusive or profane remarks, disruptive outbursts,
applause, protests or other conduct that disrupts or interferes with the orderly conduct of the
business of the meeting. Personal attacks on Council members, Town staff or members of the public
are not allowed. Please be respectful when making your comments. If you do not comply with these
rules, you will be asked to leave.
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.
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.
Mayor Wally Nichols
Councilmember Mike Archambault Councilmember Henry Leger
Vice Mayor Ginny Dickey Councilmember Keith McMahan
Councilmember Ed Kehe Councilmember Jay Schlum
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• CALL TO ORDER –Mayor Nichols
1.) ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: (i) Pursuant to §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 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, for the purpose of reviewing applications submitted to fill vacancies on the
Public Safety Advisory Commission for consideration of interviewing.); and (ii) Pursuant to
§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,
regarding access to the Fountain Hills’ McDowell Mountain Preserve.)
2.) RETURN TO REGULAR SESSION
• CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols
• INVOCATION – Pastor Ewen Holmes, Fountain Hills Presbyterian Church
• ROLL CALL – Mayor Nichols
• MAYOR’S REPORT
i) None.
• SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) Proclamation declaring May 18th – 24th, 2008, National Public Works Week.
ii) Presentation to Mayor Wally Nichols by the El Salvador Consul Enrique Melendez.
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 29,
2008, and May 1, 2008.
2. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Daniel
Levato (Daniel’s Place), located at 16726 E. El Pueblo Boulevard, #B, Fountain Hills, AZ. This is
for a series 12 – Restaurant License.
3. CONSIDERATION of approving RESOLUTION 2008-23, authorizing the submission of projects
for grant funding from the 2009 Governor’s Office of Highway Safety Plan for extrication
equipment for highway use.
4. CONSIDERATION of approving RESOLUTION 2008-26, abandoning whatever right, title, or
interest the Town has in the certain public utility and drainage easements located at the northerly
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property line of Plat 401B, Block 2, Lot 2 (10467 N. Nicklaus Drive) as recorded in Book 155 of
Maps, Page 12, Records of Maricopa County, Arizona. EA08-04 (Terrano).
REGULAR AGENDA
5. PUBLIC HEARING to receive comment on RESOLUTION 2008-25, a proposed amendment to
the Town of Fountain Hills General Plan 2002 to revise land use, relocate a park site and reduce the
number of dwelling units on 1,276 acres in the northeast corner of the Town. GPA 2008-01.
6. CONSIDERATION of RESOLUTION 2008-25, a proposed amendment to the Town of Fountain
Hills General Plan 2002 to revise land use, relocate a park site and reduce the number of dwelling
units on 1,276 acres in the northeast corner of the Town. GPA 2008-01.
7. CONSIDERATION of RESOLUTION 2008-24, approving the First Amendment to Pre-
Annexation Development Agreement by and between the Town of Fountain Hills and Fountain
Hills Investment Company, LLC, as successor in interest to the State of Arizona.
8. PUBLIC HEARING to receive comment on ORDINANCE 08-12, an amendment to the Town of
Fountain Hills Zoning Map to change the zoning on 1,276 acres (50 parcels) from R1-35, R1-18,
R1-10, R1-8 and R1-6 (Single-family Residential); L-2 (Lodging); OSC and OSR (Open Space
Conservation and Open Space Recreational) and C-1 (Neighborhood Commercial) to R1-35, R1-18,
R1-10, R1-8 and R1-6 (Single-family Residential); L-2 (Lodging): OSR and OSP (Open Space
Recreational and Open Space Preservation) and C-1 (Neighborhood Commercial). Z 2008-01.
9. CONSIDERATION of ORDINANCE 08-12, an amendment to the Town of Fountain Hills Zoning
Map to change the zoning on 1,276 acres (50 parcels) from R1-35, R1-18, R1-10, R1-8 and R1-6
(Single-family Residential); L-2 (Lodging); OSC and OSR (Open Space Conservation and Open
Space Recreational) and C-1 (Neighborhood Commercial) to R1-35, R1-18, R1-10, R1-8 and R1-6
(Single-family Residential); L-2 (Lodging): OSR and OSP (Open Space Recreational and Open
Space Preservation) and C-1 (Neighborhood Commercial). Z 2008-01.
10. CONSIDERATION of a TEMPORARY USE PERMIT for a NASCAR car parking as part of
NASCAR racing events at the “Two Step Saloon” located at 11056 N. Saguaro Boulevard. Case
#TU2008-04.
11. CONSIDERATION of approving the PRELIMINARY AND FINAL PLAT for “La Bella Vita at
Firerock”, at Parcel “B” of Firerock. Case #S2008-04.
12. DISCUSSION with POSSIBLE DIRECTION TO STAFF regarding the Fountain Hills’ McDowell
Mountain Preserve Access. (Discussion tabled from the 5/1/08 meeting.)
13. CONSIDERATION of approving an ENGINEERING AGREEMENT in the amount of $54,576.00
with HDR Engineering Inc. for design of the Shea Boulevard widening project during Fiscal Year
2007-2008.
14. CONSIDERATION of ORDINANCE 08-13, amending Town Code, Chapter 7, Buildings and
Building Regulations, Article 7-10, Development Fees, relating to indexed adjustments and refunds.
15. CONSIDERATION of RESOLUTION 2008-18, establishing environmental policies for the Town
of Fountain Hills.
16. CONSIDERATION of RESOLUTION 2008-19, adopting the maximum amount for the Town of
Fountain Hills Fiscal Year 2008-09 tentative budget with appropriate direction to publish said
document in accordance with state law. The Council may address any or all items contained in the
budget document and initiate any suggestion changes prior to the adoption.
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17. PROGRESS REPORT on the established items of Council business:
a. Development fees adjustment
b. Downtown development agreement/C-2 Zoning to TCCD
c. Environmental policy
d. General access to the mountain preserve
e. Preparing a sound town financial future
f. State trust land/Ellman development agreement
g. Town Hall water feature at Avenue of the Fountains and La Montana Drive
h. Traffic control at Avenue of the Fountains and Saguaro.
18. SUMMARY of COUNCIL REQUESTS by Interim Town Manager.
19. COUNCIL DISCUSSION/DIRECTION to the Interim 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.
20. ADJOURNMENT.
DATED this 9th day of May 2008.
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100
(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.
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862765.1
RESOLUTION NO. 2008-24
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING THE FIRST AMENDMENT TO
PRE-ANNEXATION DEVELOPMENT AGREEMENT BETWEEN THE
TOWN OF FOUNTAIN HILLS AND FOUNTAIN HILLS INVESTMENT
COMPANY, LLC, AS SUCCESSOR IN INTEREST TO THE STATE OF
ARIZONA.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. That the First Amendment to Pre-annexation Development Agreement
between the Town of Fountain Hills and Fountain Hills Investment Company, LLC, as successor
in interest to the State of Arizona is hereby approved in the form attached hereto as Exhibit A.
SECTION 2. That the Mayor, the Interim Town Manager, the Town Clerk and the Town
Attorney are hereby authorized and directed to take all steps and to execute all documents
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,
May 15, 2008.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
W. J. Nichols, Mayor Bevelyn J. Bender, Town Clerk
Kathleen M. Zanon, Interim Town Manager Andrew J. McGuire, Town Attorney
862765.1
EXHIBIT A
TO
RESOLUTION NO. 2008-24
(First Amendment to Pre-annexation Development Agreement)
See following pages.
789076.12
When Recorded Return To:
Town Clerk
Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
FIRST AMENDMENT
TO
PRE-ANNEXATION DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT TO PRE-ANNEXATION DEVELOPMENT
AGREEMENT (this “First Amendment”) is entered into May 15, 2008, by and between the
TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation (the “Town”) and
FOUNTAIN HILLS INVESTMENT COMPANY, LLC, a Delaware limited liability company
(the “Developer”) as successor in interest to the State of Arizona (the “State”).
RECITALS
A. Developer owns that certain property (the “Property”) situated within the
corporate limits of the Town and consisting of approximately 1,276 acres, more or less, of land,
which Property is legally described on Exhibit A attached hereto and depicted on Exhibit A-1
attached hereto.
B. Development of the Property is governed by that certain Pre-Annexation
Development Agreement dated May 4, 2006 (the “Initial Agreement”) between the Town and the
State of Arizona (the “State”) acting by and through the State Land Commissioner and recorded
at Document Number 2006-0609018 in the Official Records of the Maricopa County Recorder’s
Office.
C. By virtue of the Initial Agreement and an accompanying general plan amendment
(GPA 2006-01) together with a rezoning (Z-2006-02) of the Property, the current entitlements
governing the development of the Property include: Open Space Conservation Zoning District
(“OSC”); Open Space Recreational Zoning District (“OSR”); Single Family Zoning Districts
(R1-35, R1-18, R1-10, R1-8 and R1-6); Lodging Zoning District (L-2); and Neighborhood
Commercial Zoning District (C-1) (collectively, the “Current Zoning”). The locations of the
Current Zoning designations within the context of the Property are shown on the Current Zoning
map attached hereto as Exhibit B.
D. The Developer has proposed to rezone portions of the Property (the “2008
Rezoning”) using the existing land use categories, except that the Open Space Preservation
Zoning District (“OSP”) and Open Space Recreational Zoning District (“OSR”) will be used in
lieu of the approved OSC Zoning District in certain areas of the Property to accommodate
necessary site drainage and utility facilities. The land use designations as proposed by the 2008
Rezoning within the context of the Property are shown on the 2008 Rezoning map attached
789076.12
2
hereto as Exhibit C. A comparison of the 2008 Rezoning to the Current Zoning is shown on the
2008 Rezoning table attached as Exhibit D.
E. The changes to the configuration of the open space parcels on the Property
contemplated by the 2008 Rezoning requires a general plan amendment (the “2008 General Plan
Amendment”) so that the proposed zoning designations of the Property will conform to the
Town’s General Plan.
F. The Developer intends to develop a diverse residential community on the
Property, including a mix of new amenities and uses such as commercial services, parks, trails,
varied open spaces and, potentially, a boutique resort hotel (the “Project”).
G. The Town agrees that given the benefits of the Project to the Town, the 2008
Rezoning would be appropriate for the Property and would facilitate the development of the
Project.
H. The Town and the Developer desire to amend the Pre-Annexation Development
Agreement as hereinafter set forth. Collectively, this First Amendment and the Initial
Agreement are referred to hereinafter as the “Agreement.”
AGREEMENT
NOW, THEREFORE, in consideration of the following mutual covenants and conditions
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Town and Developer hereby agree to amend the Initial Agreement as follows:
1. Incorporation of Recitals; Definitions. The foregoing recitals are acknowledged
by the parties to be true, accurate and complete and are hereby incorporated into this First
Amendment as fully set forth herein. All defined terms shall have the meaning ascribed to them
in the Initial Agreement unless otherwise set forth herein. As used herein the term “2008
Rezoning” as used throughout the Agreement shall mean the zoning plan attached hereto as
Exhibit C. The term “Approvals” shall mean collectively the 2008 Rezoning, the 2008 General
Plan Amendment and this Agreement.
2. General Plan Amendment; Rezoning; Density. The General Plan amendment,
rezoning and density provisions in the Initial Agreement are hereby modified as follows:
a. General Plan Amendment Process. The Town shall comply with the
provisions of ARIZ. REV. STAT. § 9-461.06 regarding the 2008 General Plan Amendment for the
benefit of the Property. The Town shall process the 2008 General Plan Amendment for the
Council’s consideration on the same date the Council considers the 2008 Rezoning ordinance.
The Town shall not be obligated to execute this Agreement unless and until the Council has
approved the 2008 General Plan Amendment. Should the Town fail to adopt the 2008 General
Plan Amendment prior to its consideration of the 2008 Rezoning ordinance, (1) this Agreement
shall not become effective and neither Party shall have any obligations under this Agreement and
(2) the Council shall not further consider the 2008 Rezoning ordinance. Nothing in this Section
789076.12
3
is intended to limit the discretion of the Town in reviewing, adopting or declining to adopt the
2008 General Plan Amendment or the 2008 Rezoning ordinance.
b. Rezoning Process. If the 2008 General Plan Amendment has been
adopted by the Council, the Town agrees to (i) approve or disapprove the 2008 Rezoning at the
same Council meeting as adoption of the resolution approving the 2008 General Plan
Amendment (the “General Plan Resolution”), either at a regularly-scheduled or special meeting
of the Council and (ii) ensure that such 2008 Rezoning ordinance is “available” (as defined in
ARIZ. REV. STAT. § 19-142, as amended) on the day following the date of passage. In the event
that the Council determines that it is in the best interests of the Town to continue the 2008
Rezoning to a date following the date of its approval of the General Plan Resolution, then the
Council shall reconsider the General Plan Resolution and shall continue it to the same date as the
continued consideration of the 2008 Rezoning.
c. Density. Subject to the requirements of the Town of Fountain Hills
Zoning Ordinance (the “Zoning Ordinance”) and the Town of Fountain Hills Subdivision
Ordinance (the “Subdivision Ordinance”), the Developer shall be permitted to adjust the number
of single-family lots between the parcels or subparcels as shown on Exhibit C (each a “Parcel” or
collectively, the “Parcels”), so long as (i) the gross average density of the Property does not
exceed 1.14 units per acre and the maximum total number of single-family lots does not exceed
1,450 and (ii) the Property remains in conformity with the Approvals; provided, however that in
no event shall the number of dwelling units exceed 162 units on Parcel 8 or 85 units on Parcel 9.
d. Limitations Relating to Parcels 8 & 9. Developer intends to develop
Parcels 8 & 9 with a courtyard housing product that is not currently well defined or regulated
under the Zoning Ordinance. To allow for the Developer and the Town to have sufficient time to
evaluate to what extent changes to the Zoning Ordinance may be necessary to accommodate a
new use like the courtyard housing product, the Town and the Developer have agreed that the
zoning for Parcels 8 & 9 will be considered a “holding” zoning category. The Developer and the
Town have agreed that if the Town Council approves, as part of the 2008 Rezoning, zoning for
Parcels 8 & 9 that is more dense or intense than R1-18, then in addition to the cap on the number
of dwelling units set forth in subsection 2(c) above, the following limitations shall apply to
Parcels 8 & 9:
(i) Developer shall work with the Town staff to develop
recommendations to the Town Council regarding amendments to the Zoning Ordinance to
accommodate the courtyard housing product (the “Text Amendment”), which amendments shall
be presented to the Town Council for its consideration not later than January 1, 2013.
(ii) Developer shall work with Town staff to develop
recommendations to the Town Council regarding amendments to the then-current zoning for
Parcels 8 & 9 to allow the courtyard housing product to be constructed thereon (the “Courtyard
Rezoning”), which Courtyard Rezoning shall be presented to the Town Council for its
consideration not later than March 1, 2013.
789076.12
4
(iii) Developer agrees and acknowledges that the Text Amendment
and/or the Courtyard Rezoning may be approved or denied by the Town Council in its sole,
legislative discretion.
(iv) Developer shall not submit an application for any approval or
development on Parcel 8 or Parcel 9 (except for the Courtyard Rezoning) until after the time that
the Town Council approves the Text Amendment and the Courtyard Rezoning, if at all.
(v) Developer agrees and acknowledges that if the Text Amendment
and the Courtyard Rezoning are not approved by the Town Council by May 1, 2013, that the
Town Council may initiate a rezoning for Parcels 8 & 9 to change the then-current zoning
thereon to R1-18. Developer consents to such change and agrees that it, its successors and
assigns shall be barred from asserting a claim pursuant to ARIZ. REV. STAT. § 12-1134 et seq. as
a result of such rezoning.
3. Disturbance Allowance Procedures.
a. Subdivision Ordinance Applicability. The parties acknowledge that the
Subdivision Ordinance Section 504 sets forth provisions allowing hillside disturbance within
subdivisions, and except as provided hereinafter, Section 5.04 shall apply to development of the
Property.
b. Total Disturbance Allowance. The Town hereby approves the
development of the Property with an aggregate disturbance allowance of 530.90 acres (the
“Aggregate Disturbance Allowance”) to be allocated as set forth on Exhibit E, attached hereto
and incorporated herein by reference, and according to the method described in subsections 3(c)
and 3(d) below. Subject to the remaining provisions of this Section 3 related to Per Lot
Disturbance Allowance and Parcel Disturbance Allowance, so long as Developer develops the
Property without exceeding the Aggregate Disturbance Allowance, the Town agrees to cooperate
reasonably in processing the Developer’s requests for approval and issuance of such permits,
plans, specifications, plats and/or other development approvals of or for the Property which are
reasonably consistent with this Section and in which are in accordance with the Disturbance
Allowance Procedures.
c. Parcel Disturbance. The Town hereby approves the development of the
Parcels with their respective shares of disturbance as set forth on Exhibit E (the “Parcel
Disturbance Allowance”), subject to the procedures set forth in subsection 3(e) below. So long
as Developer develops the Parcels in accordance with this Section, the Town agrees to cooperate
reasonably in processing Developer’s requests for approvals and such permits, plans,
specifications and/or other development approvals of or for the Property which are reasonably
consistent with this Section and which are in accordance with the Disturbance Allowance
Procedures. The Parcel Disturbance Allowance within a Parcel may be located within any
reasonable area of the Parcel, as established by a site plan approved by the Town in accordance
with a preliminary plat. Developer shall concurrently dedicate to the Town a hillside protection
easement for such portions of the Parcel where the disturbance allowance is not located and
which is not exempt from the provisions of Subdivision Ordinance Section 504 as provided
789076.12
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herein. Any portion of the Parcel Disturbance Allowance for a particular Parcel which, at the
time of final plat, is determined to be unnecessary for use within that Parcel (“Unused
Disturbance”), may be “banked” by the Developer for use as set forth in subsection 3(e)(v)
below.
d. Per Lot Disturbance. In addition to the provisions of Subsection 3(c)
above, the disturbance of any lot within Parcels 6A, 6B and 16 shall not exceed 28,000 square
feet and any lot within Parcel 7 shall not exceed 15,000 square feet (the “Per Lot Disturbance
Allowance”). So long as Developer develops Parcels 6A, 6B, 7 and 16 in accordance with this
Section, the Town agrees to cooperate reasonably in processing the Developer’s requests for
approvals and such permits, plans, specifications and/or other development approvals of or for
the Property which are reasonably consistent with this Section and which are in accordance with
the Disturbance Allowance Procedures.
e. Disturbance Allowance Procedures. The parties hereby adopt the
following procedures to implement the disturbance allowance permitted for the Property (the
“Disturbance Allowance Procedures”):
(i) Subject to the provisions of this Agreement, the aggregate Per Lot
Disturbance Allowance and the Parcel Disturbance Allowance shall be reasonably
allocated among the lots and the Parcels, respectively, in order to allow development of
the Property with the intensity and densities permitted by the Approvals.
(ii) The calculations for the disturbance method shall be set forth on
the applicable preliminary plat applications and, with respect to Parcels 6A, 6B, 7 and 16,
such application shall include a site plan approved by the Town in connection with each
preliminary plat showing the per lot allocations of disturbance. The Town shall have the
right to reasonably approve such calculations. Prior to the approval of each preliminary
plat within the Property, the Developer shall provide to the Town calculations showing
that the applicable preliminary plat conforms with the permissible allocations of
disturbance allowance pursuant to this Agreement.
(iii) The final calculated disturbance allowance for the lots and Parcels,
as applicable, shall be set forth on the applicable final Parcel plats and shall conform to
the approved preliminary plat. For Parcels 6A, 6B, 7 & 16, the calculation shall be
included in a table indicating the actual disturbance allowed for each lot within that
Parcel. Thereafter, not later than the date that a building permit is issued for each such
lot, the Developer shall dedicate to the Town a hillside protection easement for such
portions of the lot where the disturbance allowance is not located and which are not
exempt from the provisions of Subdivision Ordinance Section 504.
(iv) The Aggregate Disturbance Allowance shall be allocated through
the Per Lot Disturbance Allowance and the Parcel Disturbance Allowance as shown on
the final Parcel plats.
789076.12
6
(v) “Banked” disturbance shall consist only of Unused Disturbance
which has been identified and verified according to final plats for the respective Parcels.
Such Unused Disturbance may be allocated to any Parcel, except for Parcels 6A, 6B, 7
and 16, to account for additional disturbance needed as a result of final engineering,
subject to the following limitations: (1) the Property-wide total amount of Unused
Disturbance that may be “banked” shall not exceed 1% of the Aggregate Disturbance
Allowance and (2) the total amount of “banked” Unused Disturbance that may be applied
to a Parcel cannot exceed the 1% of the total disturbance allocated to that Parcel as set
forth on Exhibit E. Nothing in this subsection 3(e)(v) shall be interpreted to allow for
additional disturbance on the Property beyond the Aggregate Disturbance Allowance.
f. Disturbance Exemptions. Notwithstanding the foregoing, the following
shall not be considered disturbance for the purposes of the Subdivision Ordinance or this
Agreement:
(i) All subdivision improvements and subdivision infrastructure. As
used in this Agreement, “subdivision improvements” shall mean: (1) electrical utilities,
cable facilities or telecommunications infrastructure; (2) sanitary sewer systems,
including collection, transport, storage, treatment, dispersal, effluent use and discharge;
(3) drainage and flood control systems, including collection, transport, diversion, storage,
detention, retention, dispersal, use and storage; (4) water systems for domestic use,
including production, collection, storage, treatment, transport, delivery, connection and
dispersal; (5) streets and roadways; and (6) public parks and recreational facilities.
(ii) “Rounding” or feathering of the edges of cut banks adjacent to
roadways where such slopes meet the natural grade, subject to the provisions of the
Subdivision Ordinance and the approval of the Town Engineer.
(iii) Restoration of those areas of the Property previously disturbed by
human activity (other than by the Developer) which when restored will become and
remain open space.
g. Alternate Hillside Disturbance Procedure. Pursuant to Section 504.B.3 of
the Subdivision Ordinance, the Town and the Developer acknowledge that it is necessary and
appropriate to provide for an alternative method of calculating the hillside preservation
requirements and disturbance allowances otherwise set forth in the Subdivision Ordinance for the
purpose of preserving larger portions of contiguous open space on the Property by assembling
various smaller areas that otherwise would have been required to have been preserved in
remnants throughout the Property and by allowing for preservation to be credited for those open
spaces left undisturbed in slope categories below 10%. Accordingly, the hillside disturbance
allocations as required by the Subdivision Ordinance shall be calculated as follows:
(i) The hillside disturbance allowance calculations for the Property
shall be made on a Project-wide basis rather than each Parcel being calculated as an
isolated subdivision.
789076.12
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(ii) Developer will be given credit towards the Town’s hillside
preservation requirements for undisturbed areas of the Property within slope categories of
less than ten percent (10%).
h. Disturbance Boundary Fencing. The Town agrees that Section 504(E) of
the Subdivision Ordinance shall not apply to development of the street rights-of-way, utility
corridors outside street rights-of-way, and other areas disturbed in connection with the
installation of subdivision improvements for the Property; provided, however, that the Developer
shall delineate, with stakes, rope lines and flags, the boundaries of the areas to be disturbed.
4. Expansion of Use Areas. The Town and Developer acknowledge that areas
specified for particular land use categories in the 2008 Zoning and are approximate and agree
that prior to the time of platting, minor changes in the size of such Parcels, including, but not
limited to, zoning lot line adjustments, may be appropriate for technical and engineering
purposes. Accordingly, with the prior consent of the Town, not to be unreasonably withheld,
Developer shall have the right to make minor and technical adjustments to the size and location
of those use areas designated in the 2008 Zoning for a particular land use category so long as (a)
the total amount of acreage devoted to such land use category does not exceed the maximum
acreage limitation specified in the 2008 Zoning for such land use category, (b) the adjustments
do not divide areas of contiguous open space established by the 2008 Zoning as originally
approved and (c) in the reasonable opinion of Town’s Planning and Zoning Director the overall
character of the 2008 Zoning remains in substantial conformance with the 2008 Zoning as
originally approved. Any expansion or relocation of a land use category not within the scope of
this subsection shall require an amendment of the 2008 Zoning, which amendment shall be
subject to review by the Town’s Planning and Zoning Commission and approval by the Town
Council. Neither the Town’s Planning and Zoning Commission nor the Town Council shall be
required or obligated to approve any change referred to them pursuant to this section, although
they may elect, in their absolute legislative discretion, to do so.
5. On-Site Roadways.
a. Cut and Fill. Pursuant to Section 503(D) of the Subdivision Ordinance,
the Town hereby waives the maximum cut and fill height limitations set forth in Section 503(D)
of the Subdivision Ordinance, but only to the extent necessary to construct the streets and roads
and other subdivision improvements serving the Property as shown on Exhibit F, attached hereto
and incorporated herein by reference; all other Subdivision Ordinance requirements relating to
such cuts and fills shall remain in full force and effect. Any additional cut and fill waivers as
may be necessary for the development of residential structures of the Property shall be subject to
the review and approval of the Town Council.
b. Residential Streets. Developer will construct or arrange for the
construction of, in phases, and in accordance with the 2008 Rezoning, the arterial and major
collector streets described in the 2008 Rezoning to be used for motorized vehicular travel,
ingress, egress, and parking to, through, within and from the Property, including street lighting,
with underground electric services distribution, together with all striping, traffic control devices,
street sign posts, street name signs, stop signs, speed limit signs, and all other
789076.12
8
directional/warning/advisory and signage as required by the then-current Town regulations,
codes and ordinances and as identified on the appropriate plans therefor submitted to and
approved by the Town.
c. McDowell Mountain Road. The Town shall reasonably cooperate and
assist in abandonment of the current alignment of McDowell Mountain Road following (i)
approval of one or more final plats showing and dedicating to the Town a substitute arterial
roadway to replace McDowell Mountain Road in a location and configuration acceptable to the
Town Public Works Director and (ii) completion of construction of the substitute arterial
roadway, acceptance by the Town of such roadway, and opening of such roadway for public
access; provided, however that nothing in this subsection shall require the Town to remove the
existing McDowell Mountain Road improvements. Developer shall have the right to relocate
McDowell Mountain Road where it crosses the Property to the approximate location shown in
the 2008 Rezoning map attached hereto as Exhibit C, according to plans therefor submitted to
and approved by the Town. Additionally, Developer shall have the right to rename McDowell
Mountain Road to Fountain Hills Boulevard as to that portion which runs through the Property.
6. Offsite Improvements.
a. Fountain Hills Boulevard. Developer shall contribute 25% of the cost to
design and construct right-hand and left-hand turn lanes and/or pockets on Fountain Hills
Boulevard, from Ironwood Drive to Pinto Drive (the “Fountain Hills Boulevard Improvements”)
as determined necessary by the Town pursuant to a traffic study. The location and extent of the
Fountain Hills Boulevard Improvements shall be identified by the Town and agreed to by the
Developer prior to recording of the first final plat on the Property. Developer’s share of the cost
shall be deposited with the Town not later than the date that the Town approves contracts for
construction of the respective portions of the Fountain Hills Boulevard Improvements.
b. Traffic Control Devices. Developer shall contribute 50% of the cost to
design and construct such traffic control devices and/or traffic signals (including all equipment,
rights-of-way acquisition for signal pole and equipment and appropriate intersection lighting)
deemed necessary by the Town pursuant to a traffic study for the following intersections:
(i) Fountain Hills Boulevard/Fountain Hills Middle School; (ii) Fountain Hills
Boulevard/Glenbrook Boulevard; (iii) Fountain Hills Boulevard/El Pueblo Boulevard;
(iv) Fountain Hills Boulevard/Saguaro Boulevard; and (v) Golden Eagle Boulevard/Palisades
Boulevard (collectively, the “Traffic Control Improvements”). The location and extent of the
Traffic Control Improvements shall be identified by the Town not later than five years after
approval of the last single family subdivision plat for the Property. Developer shall maintain a
performance bond, in a form acceptable to the Town Attorney in the amount of $250,000
(approximately 50% of the cost of a traffic signal in 2008 dollars) for the benefit of the Town
and ensuring Developer’s performance of its obligations in this subsection 6(b).
c. Drainage. Developer shall contribute 50% of the cost (excluding any costs
for land acquisition) to design and construct all weather crossings, consisting of box culverts of a
size and configuration as determined by the Town Engineer in his reasonable discretion, for the
intersections of (i) El Pueblo Blvd. and the Caliente Wash and (ii) Fountain Hills Blvd. and the
789076.12
9
Oxford Wash; provided, however, that if the Developer has not been notified of the need for such
drainage improvements prior to five years after the approval date of the latest to occur of the last
single family residential final plat or the last non-residential site plan on the Property,
Developer’s obligation under this subsection 6(c) shall terminate.
7. Effluent. Developer may arrange for the design, engineering, construction,
acquisition, installation of sufficient reuse/disposal facilities and delivery system installation as
part of a non-potable water system (the “Effluent System”) for the delivery of treated reclaimed
water to the Parks (as hereinafter defined), other areas of the Property, or for off-site delivery in
accordance with the rules and regulations of the Fountain Hills Sanitary District (the “Sanitary
District”), provided that any such system meets all applicable federal, state and local standards.
The Town agrees to allow Developer to construct the Effluent System and related improvements
within Town rights-of-way to the extent deemed necessary by the Town’s Public Works Director
and the General Manager of the Sanitary District. Such construction shall comply with all
generally application requirements of the Town for construction within rights-of-way.
8. Open Space.
a. Allowable Uses. The Town and Developer acknowledge that the 2008
Rezoning designates a portion of the Property as the OSR zoning district (as described in the
Zoning Ordinance), which permits detention or retention as a primary use but also permits a wide
array of passive and active open space uses, such as golf courses. Notwithstanding the
allowance of such passive and active open space uses under the Zoning Ordinance, the
Developer agrees to restrict, by recorded instrument acceptable to the Town Attorney, the use of
any portion of the Property which is designated “OSR Zoning District” and which is designated
primarily for detention, retention, trails or public utilities in a manner such that each portion so
designated (a) shall be developed with indigenous plant materials and designed to blend to the
maximum extent possible with the natural, undisturbed state of the land and (b) may not be used
for any other purpose other than the construction, replacement, maintenance and repair of
detention and retention basins, trails and public utilities.
b. Off-Street Trails/Wildlife Corridors. To the extent reasonably possible,
Developer shall design and construct (according to the Town’s trail design standards), as part of
the Master Plan for the property, an off-street trail network for pedestrian and bicycle use,
providing access to and between the Fountain Hills Middle School, the new Town public park to
be constructed adjacent to the Fountain Hills Middle School, McDowell Mountain Park,
neighborhoods (and related private parks), the lodging area within the Property and the
commercial area within the Property (collectively, the “Trail Network”). The Trail Network
components shall be constructed in conjunction with the Subdivision Improvements for each
Parcel; provided, however that if construction in this manner results in gaps in the Trail Network,
Developer shall make such connections as reasonably necessary or appropriate to ensure that the
Trail Network is usable, even if such connections cross Parcels yet to be developed. Developer
shall provide for wildlife corridors through the Property to preserve, to the extent reasonably
possible, the wildlife corridors existing on the Property as of the date of this Agreement (the
“Wildlife Corridors”). Developer shall design and construct suitably sized roadway
under-crossings for the Trail Network and the Wildlife Corridors (minimum height, width and
789076.12
10
construction materials to be determined by the Town Engineer in his reasonable discretion),
which under-crossings shall be constructed in conjunction with the other Subdivision
Improvements for a Parcel.
9. Parks. The Developer shall design, install and dedicate to the Town those parks
(the “Parks”) and wash corridors (the “Washes”), including all improvements thereto, in the
locations identified on Exhibit G, attached hereto and incorporated herein by reference. The
Parks are anticipated to include two separate components, a community park on the west side of
the new alignment for Fountain Hills Boulevard/McDowell Mountain Road and a neighborhood
park on the east side of that same road. The community park will include two lighted softball
fields, a multi-purpose field/turf area and a restroom/concession/office/storage building of
approximately 1,500-2,000 square feet. The neighborhood park will include a shaded
playground for children ages five and younger, a shaded playground for children six years and
older, two lighted tennis courts and one lighted basketball court. Both the community park and
the neighborhood park shall include parking, restroom facilities, meandering trails, lockable
entry/exit gates and a minimum of two ramadas. All improvements to the Parks shall be in sizes,
locations and configurations as reasonably determined by the Town. The Town agrees that it
shall utilize the Parks solely as public parks and the Washes solely as public open space. Upon
installation by Developer of any Park, the Developer shall promptly (a) notify the Town in
writing of the presumptive completion of such Parks and (b) dedicate to the Town, at no cost to
the Town, such Parks free and clear of all liens and encumbrances. So long as such Parks are
constructed in accordance with the Town’s park design standards and any applicable local, state
or federal regulations and in accordance with plans approved by the Town Manager or
authorized designee, the Town shall accept dedication of the Parks from the Developer. After
acceptance of any Parks, the Town thereafter shall own, maintain, repair and operate such Parks
at its own cost. Developer, at no cost to Town, shall dedicate, convey or obtain, as applicable, all
rights-of-way, rights of entry, easements and/or other use rights, wherever located on property
under Developer’s ownership or control, as useful or necessary for the operation and
maintenance of the Park(s) as required by the Town. Developer shall have no obligation
whatsoever to place any improvements in the Parks and Washes other than those approved by the
Town and included in this Agreement. Developer shall not be required to expend any effort or
resources on the maintenance of any Parks. Any Park improvement costs and the fair market
value of land comprising the Parks (to be determined as of the date of conveyance thereof to the
Town by mutual Agreement or by an independent appraiser mutually acceptable to the parties)
shall be credited or offset against those park and/or recreation development/impact fees which
may from time to time be charged by the Town whether now existing or imposed in the future.
Developer’s obligations with respect to that portion of the community park located on land
leased by the Fountain Hills Unified School District (“FHUSD”) from the State of Arizona (the
“Leased School Land”) shall be contingent upon FHUSD (a) obtaining any authorization
necessary from the State Land Department to utilize a portion of the Leased School Land for the
community park purposes as set forth above and (b) FHUSD granting authorization to the Town
and the Developer to enter onto the Leased School Land for the purpose of constructing the
amenities in that portion of the community park.
10. Municipal Utility Services. Without limiting the following, the parties
acknowledge that the Town, as of the date of the execution of this Agreement, provides no
789076.12
11
municipal utility service and that the Town has no control over the provision of such services by
other entities and makes no representations with respect to the availability of such services by
other entities. However, in the event that the Town does provide one or more municipal services
in the future, the Town shall (a) make such services to the Property in the same terms of
availability as are applicable to other properties served by the Town, (b) continue to provide such
services as reasonably required in connection with the development and use of the Property and
(c) not adopt policies and procedures with respect to the provision of such which would
unreasonably delay development of the Property.
a. Water Service. Developer shall cause the Property to be supplied with
potable and other water supplies at the sole cost and expense of Developer. Such obligation shall
include providing or causing to be provided all on-site and off-site water lines, wells and
treatment facilities. The Town shall have no obligation to provide water to the Property. The
Town may condition subdivision approval, issuance of building permits or certificates of
occupancy for structures on provision by Developer of a potable water supply sufficient to
provide service for the units for which permits or certificates are then being requested, but the
Town acknowledges that provision of water supplies will be phased with development of the
Property. Developer shall have the right to select any water service provider allowed by law.
(i) The parties acknowledge that the Town does not currently provide
water service, and has no water development fees. If, during the Term of this Agreement,
the Town undertakes to provide water services or otherwise adopts water development or
other water related fees designed to compensate Town for the cost of constructing water
lines, providing water treatment, or providing sources of water, such fees shall be
reimbursable to the extent permitted in Section 1.9 of the Initial Agreement.
(ii) The Town shall allow Developer to construct water lines and
related improvements within Town rights-of-way to the extent deemed necessary by the
Town’s Public Works Director and the General Manager of Chaparral City Water
Company. Such construction shall comply with all generally applicable requirements of
Town for construction within rights-of-way.
b. Sewer Service. Developer shall cause the Property to be provided with
sewer service at the sole cost and expense of Developer. Such obligation shall include providing
or causing to be provided all on-site and off-site sewer lines and treatment facilities. The Town
shall have no obligation to provide sewer service to the Property. The Town may condition
subdivision approval, issuance of building permits or certificates of occupancy for structures on
provision by Developer of sewer service sufficient to provide service for the units for which
permits or certificates are then being requested, but the Town acknowledges that provision of
sewer service will be phased with development of the Property. Developer shall have the right to
select any sewer service provider allowed by law.
(i) The parties acknowledge that the Town does not currently provide
sewer services and has no sewer fees. If, during the Term of this Agreement, the Town
undertakes to provide sewer services or otherwise adopts sewer development or other
sewer related fees designed to compensate Town for the cost of constructing sewer lines
789076.12
12
or providing sewage treatment, such fees shall be reimbursable to the extent permitted in
Section 1.9 of the Initial Agreement.
(ii) The Town shall allow Developer to construct sewer lines and
related improvements within Town rights of way. Such construction shall comply with
all generally applicable requirements from Town for construction within rights-of-way to
the extent deemed necessary by the Town’s Public Works Director and the General
Manager of Chaparral City Water Company.
11. Consistency; Modification. Except as modified by this First Amendment, all of
the terms and conditions of the Initial Agreement shall remain in full force and effect. This First
Amendment and the Initial Agreement shall not be further modified in any manner other than by
a written amendment executed by the Town and the Developer or its successors or assigns. If
any clause, sentence or other portion of this First Amendment shall become illegal, null or void
for any reason, or shall be held by any court of competent jurisdiction to be so, the remaining
portions thereof shall remain in full force and effect.
12. Non-Default. By executing this First Amendment, Developer affirmatively
asserts that the Town is not currently in default, nor has been in default at any time prior to this
First Amendment, under any of the terms or conditions of the Initial Agreement.
13. Successors and Assigns. This First Amendment shall be binding upon and inure
to the benefit of the successors and assigns of the respective parties.
14. Conflict of Interest. This First Amendment is subject to the provisions of ARIZ.
REV. STAT. § 38-511. The Town may cancel this First Amendment without penalty or further
obligations by the Town or any of its departments or agencies if any person significantly
involved in initiating, negotiating, securing, drafting or creating this agreement on behalf of the
Town or any of its departments or agencies is, at any time while the agreement or any extension
of the agreement is in effect, an employee of any other party to the agreement in any capacity or
a consultant to any other party of the agreement with respect to the subject matter of the
agreement.
15. Waiver of Claims Pursuant to ARIZ. REV. STAT. § 12-1134 et seq. The Developer
agrees and understands that the Town is entering into this First Amendment in good faith and
with the understanding that, if it acts consistently with the terms and conditions herein, it will not
be subject to a claim for diminished value of the Property from the Developer or other parties
having an interest in the Property. The Developer, on behalf of itself and all other parties having
an interest in the Property, intends to encumber the Property with the following agreements and
waivers. Developer agrees and consents to all the conditions imposed by this First Amendment,
the Initial Agreement, the 2008 Rezoning, including all stipulations adopted by the Town
Council, and the 2008 General Plan Amendment, including all stipulations adopted by the Town
Council, and by signing this Agreement waives any and all claims, suits, damages, compensation
and causes of action the Developer may have now or in the future under the provisions of ARIZ.
REV. STAT. §§ 12-1134 through and including 12-1136 (but specifically excluding any
provisions included therein relating to eminent domain) and resulting from the development of
789076.12
13
the Property consistent with this First Amendment, the Initial Agreement, the 2008 Rezoning,
including all stipulations adopted by the Town Council, and the 2008 General Plan Amendment,
including all stipulations adopted by the Town Council. Developer acknowledges and agrees
that the conditions imposed by this First Amendment, the Initial Agreement, the 2008 Rezoning,
including all stipulations adopted by the Town Council, and the 2008 General Plan Amendment,
including all stipulations adopted by the Town Council, would not result in a reduction of the fair
market value of the Property as defined in ARIZ. REV. STAT. § 12-1136, as amended, or any
successor statute hereinafter enacted purporting to deal with the protection of property rights or
condemnation under Arizona law. The Town and the Developer acknowledge that the
stipulations to the 2008 General Plan Amendment and the 2008 Rezoning, as presented by Town
Staff to the Town Council, may be amended by the Town Council, in its sole discretion, prior to
approval of the 2008 General Plan Amendment and the 2008 Rezoning. Developer agrees and
understands that its waiver of claims as set forth in this Section 15 shall be deemed to extend to
cover any stipulations to the 2008 General Plan Amendment and the 2008 Rezoning approved by
the Town Council unless, not later than 48 hours following such Town Council approvals,
Developer notifies the Town, in writing, of its disagreement with such stipulation(s). In the
event that Developer timely notifies the Town of such disagreement, Developer shall not be
deemed to have waived claims with respect to only the stipulations revised by the Town Council
prior to approval of the 2008 General Plan Amendment and the 2008 Rezoning; provided,
however, that if Developer does not submit a separate waiver of such claims, in a form
acceptable to the Town, prior to close of business on the fifth day following approval of the 2008
General Plan Amendment and the 2008 Rezoning, then the Town may, after proper notice and
hearing, rescind the ordinances adopting the 2008 General Plan Amendment and the 2008
Rezoning, and if one or both are rescinded by the Town Council acting in its sole discretion, this
First Amendment shall terminate and the parties shall have no further obligations to each other.
IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the date
first set forth above.
“Owner” “Town”
FOUNTAIN HILLS INVESTMENT TOWN OF FOUNTAIN HILLS, an Arizona
COMPANY, LLC, a Delaware limited municipal corporation
liability company
By: By:
W. J. Nichols, Mayor
Name: ATTEST:
Title:
Bevelyn J. Bender, Town Clerk
789076.12
14
(ACKNOWLEDGMENTS)
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me , 200_,
by , as of FOUNTAIN HILLS
INVESTMENT COMPANY, LLC, a Delaware limited liability company, on behalf of such
company.
Notary Public in and for the State of
My commission expires:
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me , 200_,
by W. J. Nichols, Mayor of the TOWN OF FOUNTAIN HILLS, an Arizona municipal
corporation, on behalf of the Town of Fountain Hills.
Notary Public in and for the State of Arizona
My commission expires:
789076.12
EXHIBIT A
TO
FIRST AMENDMENT TO
PRE-ANNEXATION DEVELOPMENT AGREEMENT
[Legal Description of Property]
See following pages.
789076.12
EXHIBIT A-1
TO
FIRST AMENDMENT TO
PRE-ANNEXATION DEVELOPMENT AGREEMENT
[Map of Property]
See following pages.
789076.12
EXHIBIT B
TO
FIRST AMENDMENT TO
PRE-ANNEXATION DEVELOPMENT AGREEMENT
[Current Zoning Map]
See following pages.
789076.12
EXHIBIT C
TO
FIRST AMENDMENT TO
PRE-ANNEXATION DEVELOPMENT AGREEMENT
[2008 Rezoning Map]
See following pages.
789076.12
EXHIBIT D
TO
FIRST AMENDMENT TO
PRE-ANNEXATION DEVELOPMENT AGREEMENT
[2008 Rezoning Table]
See following pages.
Parcel/Tract Existing Proposed Parcel/Tract Existing Proposed
1 R1-8, C-1 C-1 24 OSC, R1-18, R1-10, L-2 OSR
2a R1-8, R1-6 OSR 25 OSC, R1-8, R1-18, R1-10 OSR
2b R1-8 OSR 26 OSC, R1-6, R1-10 OSR
3 R1-8, OSC, C-1 R1-8 27 R1-10 OSR
4 R1-8, OSC, R1-10 R1-8 28 OSC, R1-10, OSR OSR
5a OSC, R1-10 R1-10 29 OSC, R1-10 OSR
5b OSC, R1-6, R1-18, R1-10, OSR R1-10 30 OSC, L-2, R1-10, R1-6 OSP
6a OSR, OSC, R1-10 R1-35 31 OSC, R1-10 OSP
6b OSR, OSC, R1-10, R1-6 R1-35 32 R1-10 OSR
7 OSC, R1-6, R1-18, OSR, R1-10 R1-18 33 OSC, R1-10 OSR
8 OSC, R1-18, R1-10 R1-6 34 OSC, R1-10 OSR
9 OSC, R1-8, R1-10 R1-6 35 OSC, R1-10 OSP
10 R1-8, R1-6, OSC R1-6 36 OSC, R1-10, R1-6 OSR
11 OSC, L-2 L-2 37 OSC OSR
12 OSC, R1-10 R1-10 38 OSC, R1-10 OSR
13 OSC, R1-10, R1-6 R1-8 39 OSC, R1-10 OSP
14 OSC, R1-10 R1-10 40 OSC, R1-10, R1-6 OSP
15a OSC, R1-10 R1-10 41 OSC, R1-35, R1-10 OSP
15b OSC, R1-10, R1-6 R1-10 42 OSC OSR
16 OSC, R1-35 R1-35 43 OSC, R1-35 OSR
17 OSC, R1-6 R1-6 44 OSC, R1-6, R1-35 OSR
18 OSC, R1-8, R1-6, R1-10 R1-8 45 OSC, R1-6 OSR
19 R1-8 OSP 46 OSC, R1-35, R1-6, R1-10 OSP
20 OSC, R1-8, R1-10, R1-6 OSR 47 OSC, R1-6, R1-10 OSR
21 OSC, C-1 OSR 48 OSC, R1-35, R1-10 OSR
22 OSC, R1-10, R1-8 OSR 49 OSC, R1-6, R1-10 OSR
23 OSC OSR 50 R1-6 OSR
ZONING ZONING
789076.12
EXHIBIT E
TO
FIRST AMENDMENT TO
PRE-ANNEXATION DEVELOPMENT AGREEMENT
[Disturbance Allowance by Parcel]
See following pages.
Parcels Parcel Disturbance (ac.)
334.8
433.2
5a 12.3
5b 23.2
6a 14.6
6b 5.7
722.4
840.7
922.1
10 21.5
12 32.2
13 31.3
14 29.6
15a 11.0
15b 13.2
16 29.6
17 36.1
18 37.0
Total Residential 450.3
110.4
Total Commercial 10.4
11 24.3
Total Lodging 24.3
OSP/OSR 46.0
Total OSP/OSR 46.0
TOTAL HILLSIDE
DISTURBANCE 530.9
Park* Parcel Disturbance (ac.)
2a 15.0
2b 22.7
Total Park (1) 37.7
*100% disturbance is assumed for park development beyond
roadways & PUEs.
789076.12
EXHIBIT F
TO
FIRST AMENDMENT TO
PRE-ANNEXATION DEVELOPMENT AGREEMENT
[Roadway Cut & Fill]
See following pages.
Bahia Dr.El Sobrante Ave.El Pueblo BlvdElgin (Ivory) DriveFountain Hills Blvd.Glenbrook BlvdP e li c a n Dr i v e
BlueJayPlaceRichwoodAve.BoulderDr.
789076.12
Due to recording limitations, the remainder of this document is on file in the
office of the Fountain Hills Town Clerk.
789076.12
EXHIBIT G
TO
FIRST AMENDMENT TO
PRE-ANNEXATION DEVELOPMENT AGREEMENT
[Parks and Washes]
See following pages.
AGENDA ITEM #12
No Action Form available – this item was tabled at the 5/1/08 Council meeting to the 5/15/08 Council meeting.