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HomeMy WebLinkAbout1998.1217.TCRMP.Packets �� N NOTICE OF REGULAR SESSION ,,O1111111 `f' OF THE a° ""'`""' 0� FOUNTAIN HILLS TOWN COUNCIL `�• tsti9s9 at is Ar" Mayor Morgan Councilman Apps Councilwoman Wiggishoff Councilman Wyman Vice Mayor Poma Councilman Mower Councilwoman Hutcheson WHEN: THURSDAY, DECEMBER 17, 1998 TIME: 6:30 P.M. WHERE: TOWN HALL COUNCIL CHAMBERS 16836 E. Palisades, Building B RULES FOR ADDRESSING THE COUNCIL—ADOPTED 1/18/90 is the Council's desire to hear public comment on agenda items. As it is important to maintain order during the meeting,please adhere to the following rules of order if you wish to speak: 1) All citizens wishing to speak must first be recognized by the Mayor. 2) The Mayor will not call for public comment on an item until after a motion has been made and seconded and the Council has had adequate opportunity to discuss the item. 3) Please stand,approach the microphone and state your name and address after being called on to speak. 4) All comments must be directed to the Mayor. 5) TIME LIMIT—THREE(3)MINUTES PER PERSON PER ITEM. 6) Statements should not be repetitive. 7) Persons or groups wishing to make longer presentations should see the Town Clerk prior to the meeting. • CALL TO ORDER—Mayor Morgan • PLEDGE TO THE FLAG • INVOCATION-Pastor Mark Derksen of the New Life Christian Fellowship • ROLL CALL Consent Agenda: All items listed with an asterisk (*) are considered to be routine, non-controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda, they may request so prior to the motion to accept the consent agenda. The item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. Town Council Meeting Agenda Regular Session December 17 1998 *1.) Consideration of APPROVING THE MEETING MINUTES of December 3`d, 1998. *2.) Consideration of the SPECIAL EVENT REQUEST submitted by John Foderaro Jr. of Strada Racing, Inc. for the Fountain Hills Criterium to be held on Sunday, February 14, 1999 from 6:00 a.m. to 6:00 p.m. The event would require the closure of Saguaro Boulevard from El Lago to Palisades; the closure of the eastbound lane of Panorama from Saguaro to El Lago; the closure of the westbound lane of El Lago from Panorama to Saguaro. *3.) Consideration of APPROVING A CONTRACT in the amount of $165,600 for Fountain Park Design and Construction Documents to e-group Consulting. *4.) Consideration of RESOLUTION 1998-69, abandoning whatever right, title, or interest the Town has in certain hillside protection easement for Lot 26 of Plat 515 Amended (16208 N. Sunridge Drive) as recorded in Book 409 of maps, Page 26 records of Maricopa County,Arizona. (Tony Woodrall-EA98-37). *5.) Consideration of the PRELIMINARY AND FINAL PLAT for the .4320± acre, 2 unit proposed Gallery Homes Condominiums 5, located at 14220 Hawthorne Court, Case Number S98-047. *6.) Consideration of the PRELIMINARY AND FINAL PLAT for the .2971± acre, 2 unit proposed Subak Condominiums,located at 17036 E. Salida Drive, Case Number S98-049. *7.) Consideration of a PRELIMINARY AND FINAL PLAT for the 4-unit, 18,045 square foot Saguaro Vista Condominium project, located at 11402 N. Saguaro Blvd., aka Plat 201, Block 6, Lot 4, Case Number S98- 045 (with stipulations). 8.) Consideration of RESOLUTION 1998-68, abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located along the southwesterly property lines of lots 8 & 9, and the northeasterly lot line of lot 25, of Plat 202, Block 1, (17149 E. Amhurst) as recorded in Book 147 of maps, Page 35 records of Maricopa County,Arizona.Albert Poma—EA98-35). 9.) PUBLIC HEARING on ORDINANCE 98-36, amending the Zoning Ordinance for the Town of Fountain Hills for the addition of a new zoning district category to be known as Town Center Commercial District ("TCCD"), Case Number Z98-20. 10.) Consideration of ORDINANCE 98-36, amending the Zoning Ordinance for the Town of Fountain Hills for the addition of a new zoning district category to be known as Town Center Commercial District ("TCCD"), Case Number Z98-20. 11.) PUBLIC HEARING on ORDINANCE 98-37, rezoning lots lA-1D, Block 3, Plat 422, located at the southeast corner of Kingstree Boulevard and Indigo Drive, from "R-3" multi-family zoning to "R-2" multi- family zoning,Case Number Z98-19 12.) Consideration of ORDINANCE 98-37, rezoning lots 1A-1D, Block 3, Plat 422, located at the southeast corner of Kingstree Boulevard and Indigo Drive, from "R-3" multi-family zoning to "R-2" multi-family zoning,Case Number Z98-19. 13.) Consideration of the PRELIMINARY PLATS for the following Firerock Country Club Parcels: Parcel F—an 11.04±acre, 9 lot parcel, Case Number S98-025; Parcel G—a 22.98±acre, 19 lot parcel,Case Number S98-026; Parcel HI -an 8.96±acre, 10 lot parcel,Case Number S98-027; Parcel H2—a 22.09±acre, 22 lot parcel ,Case Number S98-028; Parcel I—a 39.64±acre, 20 lot parcel,Case Number S98-037; Parcel J 1 -an 18.48±acre, 19 lot parcel, Case Number S98-029; and Town of Fountain Hills Page 2 of 3 Last printed 12/16/98 1:58 PM Town Council Meeting Agenda Regular Session December 17 1998 Parcel J2—a 39.37±acre, 32 lot parcel, Case Number S98-038. Approval of the preliminary plats includes the following CUT AND FILL WAIVERS: Cut&Fill Waiver application for Parcel G, Case Number CFW98-05; Cut&Fill Waiver application for Parcel H-2,Case Number CFW98-04; Cut&Fill Waiver application for Parcel I, Case Number CFW98-03; and Cut&Fill Waiver application for Parcel J-2, Case Number CFW98-02. 14.) Consideration of the FINAL PLAT for the Sunridge Canyon Parcel "L" Subdivision, a 30.24-acre, 32-lot single-family development located north of Desert Canyon Drive and west of Sunridge Canyon Drive, Case Number S96-049 for Sunridge Canyon Parcel L. 15.) Consideration of a PRELIMINARY AND FINAL REPLAT of the 22.195± acre, 28 unit, Phase I of La Loma at Eagle Mountain Condominiums, located northeast of Eagle Mountain Parkway, east of the Eagle Mountain Golf Course driving range, Case Number S98-050. 16.) Consideration of ORDINANCE 98-35 amending the Town Code, Chapter 12, Traffic, by creating a new Article 12-5, Motorized Skateboards, providing definitions and regulations for operation of motorized skateboards upon public and private property. 17.) CALL TO THE PUBLIC Public comment is encouraged but please be advised that the Council has no ability to respond or discuss matters brought up during the Call to the Public as such discussion is prohibited by the Arizona Open Meeting Law. 18.) ADJOURNMENT. (lbw DATED this 16th day of December. : ( \l B Y Cassie B. Hansen,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. Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office. L Town of Fountain Hills Page 3 of 3 Last printed 12/16/98 1:58 PM MEMORANDUM TO: THE HONORABLE MAYOR AND TOWN ¶OUN L J FROM: PAUL L. NORDIN,TOWN MANAGER Cli DATE: DECEMBER 11, 1998 RE: MANAGER'S REPORT FOR THE DECEMBER 17TH COUNCIL MEETING Reminder: There are two Public Hearings on this agenda. I will be out of the office on Wednesday, December 16th, and will return the next day. Should you need assistance in my absence, please contact Sue. Note: My answers relative to the 26 questions submitted to me by the Times are enclosed for your review. The December 4th T.I.P. report contained a copy of the original questions. If you would like to discuss or revise any item, please contact me as soon as possible on Monday morning. Cor Informational memos from Randy, requiring no action from Council, are also included at the end of your packet. CONSENT AGENDA: There are nine items on the consent agenda. Please review each item and contact me should you determine any should be removed. AGENDA ITEM# 10—RESOLUTION 1998-68/EASEMENT ABANDONMENT/ SUNRIDGE DRIVE: This item is agendized to abandon the ten-foot public utility and drainage easement at the southwest property line of Lots 8 and 9 (17148 E. Amhurst), and the northeast lot line of Lot 25, Block 1, Plat 202. Staff recommends adoption. Randy's memo is attached. AGENDA ITEM # 11 & #12 — PUBLIC HEARING/ORDINANCE 98-36/TOWN CENTER ZONING: The first public hearing is scheduled to receive input regarding the addition of a new zoning district category for the downtown center. If approved, the new district will be established as the "Town Center Commercial District". The Planning and Zoning Commission unanimously recommended approval. Jeff's memo is enclosed. AGENDA ITEM# 13 &#14—PUBLIC HEARING/ORDINANCE 98-37/ REZONING KINGSTREE BLVD. LOTS: The next public hearing is on the agenda to collect input regarding the rezoning of four lots on N. Indigo Drive (11017 — 11035 N. Indigo Drive) from R-3 to R-2. After the hearing, Council will consider approval of this change in multi-family zoning. Approval was unanimously recommended. Please see Dana's memo. AGENDA ITEM# 15—FIREROCK PRELIMINARY PLATS: Preliminary plats and cut and fill waivers for the Firerock Country Club Parcels F, G, H1, H2, I, Jl, and J2 were unanimously recommended for approval by the Planning and Zoning Commission. Please refer to Geir's memo. AGENDA ITEM# 16—FINAL PLAT/SUNRIDGE CANYON-PARCEL L: This item requests consideration of the final plat for a 32-lot single family subdivision in Parcel L at Sunridge Canyon. The Planning and Zoning unanimously recommended approval. Geir's memo is attached. AGENDA ITEM# 17—PRELIMINARY REPLAT/LALOMA CONDOMINIUMS: The preliminary and final "shrink-wrap" replat for Phase I of the LaLoma at Eagle Mountain Condominiums is submitted for Council approval. Staff recommends approval. Please see Jeff's attached memo. AGENDA ITEM# 18—ORDINANCE 98-35/MOTORIZED SKATEBOARDS: Council will consider the regulation of motorized skateboards in Fountain Hills. The Marshal's Department reports an increase in resident complaints relating to safety issues due to irresponsible operator behavior, particularly in the northeastern section of our community. Please see Steve's memo. AGENDA ITEM# 19—EFFLUENT FIELD/TARGET STORE: As the Council is aware, we have an effluent problem in our community. The "present" solution includes the operation of several temporary effluent disposal fields located on various sites throughout our community. One of these sites is located south of Shea Blvd. and west of the Bank of America. This is the site where a Target store wishes to locate. In addition to the Target store, there would be a complete shopping center, including a large supermarket. The location of such a facility within our corporate limits would unquestionably increase our local sales tax revenue. Julie has prepared a chart (enclosed) showing that over a five year period, we could anticipate a total of $2,140,174 in local sales tax dollars to be generated from this shopping center. Manager's Report December 17,1998 Council Meeting Page 2 of 3 However, to allow the Target shopping center to locate on this site, it is necessary to relocate the effluent fields now on that site. Two sites have been identified for these relocated fields. One is the Four Peaks School site and the second is a site located across the street from Plat 302 and behind the Red Rock gas station (see map in Randy's report). MCO Properties and the Sanitary District have agreed to split the cost of this relocation with the Town. The cost for this entire relocation is $661,100. The Town's share of the cost is $367,600. It is proposed that the Town pay the entire amount for the permanent underground sprinkling facilities located at the Four Peaks site. This is suggested due to the following two facts: 1) the Town owns or will own all of this property and, 2) this arrangement will provide free water in perpetuity to this property. Because of the significant financial advantages that will accrue to the Town, approval of the Town share of the effluent relocation costs is recommended. Please see Randy's and Julie's attached memos. L Manager's Report December 17, 1998 Council Meeting Page 3 of 3 (lbw Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, TOWN CLER Date: 12/11/98 Re: AGENDA ITEM #2— MITCH SILVER CAR AUCTION SPECIAL EVENT AGENDA ITEM #3— FOUNTAIN BOWL EXTENSION OF PREMISE AGENDA ITEM #4— FOUNTAIN HILLS CRITERIUM SPECIAL EVENT AGENDA ITEMS #2 AND #3 — MITCH SILVER CAR AUCTION SPECIAL EVENT REQUEST AND ! e �a EXTENSION OF PREMISE: �•- n• the Mitch Silver Car Auction which includes the car auction, classic �.� t :?if (though a first-time event last year, the organizers were pleased a ,e;7.positiv , resptons of the rain. Based on the success of last year, Mr. Silver is esting to i l ase tth ge nt two to three days, Friday, Saturday and Sunday, January 15 rough 17, 19 .tl 4lthoug i a® ,ication shows event hours from 8:00 a.m. to 11:00 p.m., the e e I • •e •n ri• a and Saturday nights, so activities would be closing down • a ttF pt to avoid closure of Saguaro Boulevard, event organizers to the parking lot south of the Bowling Alley. The "Show n' sa= tom . • a' •s,d • in the parking lot behind the American Legion. The American rt sign may submit an a••5 lc-: •n an extension of premise in conjunction with the Show n'Shine a tivies. ToTAligegh,g,tsapows,44 as not been submitted. A second stage will be adjacent to the • show-ter a econdary entertainment. Verde River will be closed to allow safe • - i � "Si, •uction and the classic car show. The driveways to Bank One, First of •' outhtique will remain open with access from the Avenue of the Fountain . A permit is on file from the 208 Property Owners for use of the event area. A certificate of insurance naming the Town as an additional insured has also been received. Marshal Gendler has worked closely with the event organizers on the new location and feels satisfied that they have accommodated his concerns and questions. Please see attached memo from Steve. A temporary use permit is required for this event. The application will be processed through the Community Development Department and be added as a separate agenda item next week. A signage plan will be provided next week as well. Page 1 of 2 Cassie Hansen Last printed 12/11/98 4:36 PM 12/11/98 December 11, 1998 Directly connected to the Silver Car Auction is the extension of premise request submitted by Noreen Kurdzialek for Fountain Bowl located at 16737 Parkview. As you recall, last year the liquor license was supplied for the event by the American Legion. With the change of venue, the Bowling Alley agreed to apply for an extension of premise to supply alcohol for the Car Auction portion of the event. According to the application, the Bowling Alley's liquor license will be extended to the auction tent. Security will be hired to control access in and out of the tent and insure that alcohol remains in the designated area. Marshal Gendler has performed his investigation and forwarded a favorable recommendation. Staff recommends approval of both requests. AGENDA ITEM #4— FOUNTAIN HILLS CRITERIUM Staff from the Marshal's Department, the Parks and Recreation Department and Administration are meeting with the applicants on Monday. A staff report will follow. If you have any comments, questions or would like additional information, please do not hesitate to contact me. L 2 L Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, TOWN CLERKCa4A. Date: 12/16/98 Re: REVISED AGENDA UPDATE AND ADDITIONAL MATERIALS AGENDA ITEMS #2 AND #3 - SILVER CAR AUCTION AND EXTENSION OF PREMISE APPL BOWLING ALLEY : v z -moved from the agenda. They will be on the January 7, 1999 4 m •ermit process has been properly completed. An extension of '• ;; pplicaaon fm, e F ican Legion has also been added to the event and will be •ed in theket. -& G •A E #2 - S° ,CIAL EVENT REQUEST FOR THE FOUNTAIN HILLS 4k ' r .1 1 jikk., `,::-`1%,1 #-4 ,;•, "1 41 ised a• d. ":re the supporting materials for the special event request •"HIS ed by (yin roderpio f• ,°trada Racing, Inc. Event coordinators are requesting to hold the .ntaip lilj riteriMtn sr S lay, February 14, 1999 from 6:00 a.m. to 6:00 p.m. The event 7,14 oijitiOquirgitioDocvi • cps: Saguaro Boulevard from Palisades to El Lago; the eastbound oirt a Lro" F • to El Lago; and the westbound lane of El Lago from Panorama to S.�� • - •ductive meeting with the event organizers on Monday, December 14. Issue F raised regarding limited access to Fountain Park, controlled access to the Village Bazaar, adequate volunteer help to monitor the streets adjacent to the event area, and recovery of staff overtime. The major issue was the closure of Saguaro and the merchants that opposed the event last year. Mr. Foderaro explained that February has been identified as a major cycling event in Arizona. All pro teams will be here for the entire month to participate in cycling events throughout the state. Fountain Hills is one of seven desired locations. The applicants expressed the desire to do whatever necessary to make the event a positive and successful one. They agreed to the following: reimbursement of staff costs for four officers stationed at critical positions and street personnel to close and re-open Saguaro; additional volunteers to secure all other stations identified by the Marshal; signage directing park users to available parking; obtaining written endorsement from the Village Bazaar merchants and permission to use the parking lot for park users. Following Page 1 of 2 Cassie Hansen Last printed 12/16/98 4:16 PM 12/16/98 December 16, 1998 (lbw the Monday meeting, Mr. Foderaro and Arnold Van Ruitenbeek personally called upon all business owners in the Bazaar. After significant discussion, the final two merchants agreed to sign off on the event for the following reasons: all merchants will be identified as sponsors of the event; race advertising in the Times will name the businesses as sponsors and make it clear that the businesses will be open on race day; the businesses will be listed in the race flyers. One of the merchants that opposed the event last year wanted it made clear that he is supporting it this year for the aforementioned reasons. Mr. Foderaro is meeting with the final merchant today at 4:45 p.m. and will be unable to submit the written endorsement for this packet. He will fax it first thing in the morning and copies will be available prior to the meeting. The applicant has agreed to all of the Marshal's stipulations and has worked diligently with the local merchants to work out a compromise regarding the street closure. A certificate of insurance naming the Town an additional insured will be issued following approval of the request. Staff recommends approval of the request. AGENDA ITEM #3—CONTRACT APPROVAL The contract amount was changed last Friday. The correct amount, $165,000, appeared in the staff report but the change did not make it to the agenda. The revised agenda has the proper amount. AGENDA ITEM #4— RESOLUTION 1998-69 Included in this packet is a corrected staff report for this item. Corrections include new exhibits A and B and revised verbiage on the Grant of Easement. OLD AGENDA ITEM #19— PARTICIPATION IN EFFLUENT RELOCATION PROJECT This item has been postponed to the first meeting in January. If you have any questions, please do not hesitate to contact me. 2 TO: Cassie Hansen Fountain Hills Memorandum FROM: Steve Gendler DATE: December 8, 1998 SUBJECT: Special Event Request - Fountain Hills Criterium The purpose of this memorandum is to provide public safety information on the attached request from Strada Racing Incorporated of Tempe. They are seeking approval of a "criterium" race around Fountain Park on Sunday, February 14th. Background: In conducting the research on this event, I found that it is part of a competitive series required by the cycling association similar to the criterium portion of the "Tour De Fountain Hills" put on previously in Fountain Hills. The applicant, Mr. Foderaro, has taken over responsibility and wishes to continue the event as it was held in the past. He coordinated the Fountain Hills Criterium in March, 1998 and would conduct this event in the same manner. It is important to note that this is a commercial event rather than a charitable event, therefore, all expenses occurred by the town for personnel, supplies, services, vehicles and equipment should be recaptured from the promoters. ,, Traffic Control: Granting this request would require closure of Saguaro from El Lago to Palisades, closure of the eastbound half of Panorama from Saguaro to El Lago, and closure of the westbound half of El Lago from Panorama to Saguaro. In addition, the openings in the median on El Lago and Panorama would have to be barricaded off to prohibit vehicles from entering the race route. In my opinion, the barricading requirements would be extensive and would need a careful analysis by Pat Harvey. Based on our experience with previous criterium events, traffic officers would be needed at Palisades/Saguaro; Panorama/El Lago;El Lago at the Village Bazaar entrance; El Lago/Saguaro; and, Saguaro at Avenue of the Fountains. Parking for participants and spectators would be along Avenue of the Fountains and in the lots north of the Avenue. Recommendation: It should be noted that this event would occur two weeks prior to the Chamber of Commerce Great Fair which will result in Saguaro being closed twice that month. In addition, our records indicate that at this time last year the community held a "Founders Day" event in the park which, if held again, could represent a possible conflict. I also have a concern that the street department will have to work overtime to accommodate the barricading request; and, that law enforcement personnel will have to work off-duty since they will have exhausted their normal duty hours by the end of the week. Therefore, if the Council is considering approval, it should be contingent the organizers being billed for all services by the town. RECEIVED fill � k��Wcp CEO 0 2 1998 c 'q T f �+ snn FOUNTAIN HILLS Tama ®1! LC� Q I1ll111j 11o� TOWN CLERK o �:� aft se �4° Special Event Request mats ��--at-7a6 S89.S A , . --;e ms . .• 60 f vg OSbs x zise Name of Event 8 ordina or 1-D VAN e), 6-,,,,„ Address: £• fill t-i-- 1JEi)UE Telephone: (residence) 4' AfkVS( Time) (business) 402_ 029-5097 If the event is designed to be held on behalf of any person other than the applicant,the applicant shall supply written authorization from the organization sponsoring the event,dated not more than 90 days before the application,authorizing the applicant to apply for the permit on the sponsor's behalf. Name of Organization• m i r 4„,,,, /A-)c. • Telephone .50 7 Address of Headquart • e iG y-yE Pc e 081 Li, Description of Event: '4iA /L/-S (-le''.-1 /7-oe/ 07 Purpose of Event- CYO/Ai/5 £iro—ieul 1 ilG,/r/!Ty 1 i lo itS Location of Event: 1`au�/firAl 4.,WE (Attach map or diagram of area to be used for event) Date of Event: ,Z-/'ice 9f� Beginning Time: 6 A-nI nding Time: 6 Pi2? What portion of the roadway, if any, will the event occupy' �-i6/-f� ,�/ � PY c�G ‘40"iiil • Estimated number of persons, vehicles (and types, i.e. cars, trucks), animals, etc. participating: -?CO-,S7)0 . -- j r,c-/i%7S F2i?7 A0-e.)aV 1-7/6- Am-i one Do you anticipate a need for the Town to provide any of the following: Please Note: The Town Marshal(or designated official)may establish requirements that may include (but are not limited to)personnel for emergency,traffic and crowd control,traffic control devices,and other services and equipment deemed necessary for the protection of event attendees as well as the community as a whole. Personnel- b/h/'7e6 RUC,-1 , 1 F'�1 ;b D C6 Anp6L Le Supplies and Services: &A•ie% ,4eleir-#1-peS) ge ,et& eTO mS Vehicles and Other Equipment: .S � 7- fj � Cf J CS ` • I ut:__, ,..,___.; i� L �, D r� ii C a Cr--i fj r .a II e E 4 - 11 tiC . ,C1 ixi r 1.5 0 �.i L. ., r, , D `i rJ; rt 1' �_r co r' D r--;.; znil t ' , y y a i I i ]r1 1, r f r LZ'-' 1 'i r 11 �. d C_ F�v____V L J f r �- � co j I •I l��l I, I 1 _ �_I IS�C > ^ _____ _ _ i(...2 ,, " SAGU'RO BOULEVARD ' Ie OTC I _ /'.\ /21 1VY To .,/' C‘ ...___I . „/;;;;;,"!::/CO f----) Ac_013 ) CD c - , 10\ �:,~ J � (oV � F1 C Qc.or�� S, ,4 1 i I%i C, (\ ,. .1 II; ly ...////l y I1 i�1 t (J ink \�� 1 s'....,. D L .. .... ., ---,,,„ -,:k:,. : '"•< • A maP cv 24-iiev_,..,c, D! t..Z-,0,,, \,,,v,., s)s-::::------ ,,,,,,,,L. &E._ ,,,,,,_,., ,_,-, , i6 ot, , ..,,(z ..... _, r•,.;;:.„-„...- Goi-fie44 ,,,,,,, of e-E6 F i u E''' 13`? Pit-PTtc!Pmv b c l v To C. j � CIT-( CF gL:I.)TAklr_) IA!L-L-S 'a r December 15, 1998 City of Fountain Hills Bazaar Business Complex Dear Business Owners, Strada Race Club is in the process of requesting approval to hold the Tour De Fountain Hills, (Bicycle Race around the Fountain), on February 14, 1999. Strada Race Club would like the approval of the businesses within the Bazaar Business Complex. The Bazaar Business Complex parking lot will be open to all business customers and park visitors, Not for parking of any cyclists. The entrance to the parking lot will be monitored by Fountain Hills Police and Strada's support staff. Parking for cyclists will be at the registration area(located at the intersection of Avenue of the Fountains and Saguaro Boulevard), additional parking will be on Parkview Avenue and other local public parking areas. If there are any questions or comments, please note near your signature below. Thank you for your support and Happy Holidays to All. Sincerely,, -- J6hn Foderaro, Strada Race Club- Special Events J Kay Fashions-Kay Kinder • �_.�C .`; 7) MCO Properties- �L J / `� `i' j � f i l `,� Fountain Gifts-Jim Heasley K/ ✓ � Fountain Restuarant-Ron Lopack X 0-1-1 X X L 1004 SOUTH MILL AVENUE—TEMPE—ARIZONA 602 829-5027—FAX 602 921-9309 w MEMORANDUM TO: Mayor Sharon Morgan and Town Council FROM: Robin Good an, rector Parks and crea • DATE: December 1, 1998 RE: Award De g ntrac in the amount of$165,600 to E-Group, Inc. for Fountain Park Purpose The purpose of this memo is to present the Town Council with a written contract to begin design of Fountain Park improvements. Award A fee of$165,600 has been negotiated with E-Group to develop construction documents and bid specifications. This fee is exactly what was budgeted and approved by Council in July. E-group continues to perform excellent work for the Town and we are pleased to partner with them. Attached is the project timeline and phasing budget for construction. The first phase is being funded entirely by a$700,000 Heritage Grant. Recommended Council Action It is recommended that a design contract in the amount of$165,600 be awarded to E-Group, Inc. for Fountain Park improvements. L FOUNTAIN PARK MASTER PLAN DEVELOPMENT SCHEDULE This development schedule takes advantage of the Arizona Heritage Grant Program and proposes that the park be developed in two phases. Construction on Phase I would begin in the Summer of 1999. The construction schedule would be developed to not interfere with major community events, such as the Great Fair, which occurs in Fountain Park each February. Both phases of construction would be completed by the Fall of 2000. Sign Phase I Heritage Grant Participant Agreement November 1998 Award Design Contract December 1998 Design and Design Review December 1998 —June 1999 Apply for Phase II Heritage Grant February 1999 Phase I Construction Period August 1999—February 2000 Notification of Phase II Grant September 1999 Sign Phase II Heritage Grant Participation Agreement October 1999 Award Phase II Construction Contract February 2000 100% Complete on Phase I March 2000 Phase II Construction Period March 2000-September 2000 100% Complete on Phase II October 2000 FUTURE PARK IMPROVEMENTS Future improvements not addressed in this master plan include: > a new restroom/control building at the playground > area lights along the walking path > major irrigation/pump improvements > lake liner > box culvert widening on El Lago > repairs/renovation of pump station building/yard > other issues associated with the effluent system and Fountain Lake Dam. L FOUNTAIN PARK MASTER PLAN PHASE I Project Scope Items (priority order) Number of Unit Total Item Units Cost Cost 1. Multi-purpose walkway(8' & 10'widths)w/electrical 102,000 sq.ft. LS $305,000 service 2. Two medium picnic ramada w/lights, tables, and (2) 1,000 sq. ft. $33,000 $56,000 barbecue 3. One restroom/control building w/fixtures 1 x 850 sq. ft. LS $124,000 4. Outdoor performance pad w/electrical service 1,500 sq.ft. LS $45,000 5. Landscape,irrigation,grading, electrical controllers Varies LS $70,000 6. Project Signage Varies LS $10,000 SUBTOTAL $610,000 Contingency & Change Orders $90,000 TOTAL DEVELOPMENT COST* $700,000 *NOTE Phase I Development costs are being fitnded through a$700,000 Heritage Grant. PHASE II illimv Project Scope Items Number of Unit Total Item Units Cost Cost 1. Playground, tot lot, seatwall, water feature, shade Approx. structure 9,000 sq.ft. LS $90,000 2. Small picnic ramada w/lights, tables grill 1 LS $28,000 3. Parking area w/lights, gates, trash enclosure (2 lots) 120 stalls LS $170,000 4. Project signage—Park Rules, Directional ADA, LS $30,000 Effluent, Interpretive 5. Landscape/Irrigation, grading, electric controllers LS $82,000 SUBTOTAL $400,000 Contingency & Change Orders $ 50,000 TOTAL DEVELOPMENT COSTS** $450,000 **NOTEA second Heritage Grant will be applied for in 2/99 with notification by 9/99. Future improvements not addressed in this master plan include: a new restroom/control building at the playground; area lights along the walking path: major irrigation/pump improvements; lake liner; box culvert widening on El Lago; repairs/renovation of pump station building/yard; and kily other issues associated with the effluent system and Fountain Lake Dam. cc: Randy Harrel Julie Ghetti e-group,Bob Thompson TOWN OF FOUNTAIN HILLS CONSULTING CONTRACT NO. FP98-018 This contract made this 17th day of December, 1998,by and between the Town of Fountain Hills (herein after "Town") a municipal corporation of the State of Arizona and E Group Landscape Architecture Environmental Design Land Planning(herein after"Consultant"). WITNESSETH Whereas, the Town Manager of the Town of Fountain Hills is authorized and empowered by provisions of the Town Code to execute contracts for professional services; Now therefore, in consideration of mutual promises and obligations set forth herein the parties hereto agree as follows: Article 1. SCOPE OF SERVICES Consultant shall provide the services described in the attached Exhibit A. All work will be reviewed and approved by the Contract Administrator to determine acceptable completion. Review and approval by the Contract Administrator shall not relieve Consultant of any liability for improper, negligent or inadequate services rendered pursuant to this contract. Article 2. FEES 1. The amount paid to Consultant under this contract is for time and materials, including reimbursable expenses not to exceed one hundred sixty-five thousand six hundred dollars($165,600.00). 2. Monthly payments may be made to the Consultant on the basis of a progress report prepared and submitted by the Consultant for the work completed through the last day of the preceding calendar month. The Payment Schedule is attached as Exhibit B. The Contract Administrator reserves the exclusive right to determine the amount of work performed and payment due the Consultant on a monthly basis. Consultant shall maintain all books, papers, documents, accounting records and other evidence pertaining to such monthly billings and shall make such materials available at all reasonable times to the Contract Administrator. Monthly billings shall be accompanied by such documentation as the Contract Administrator may require to make his/her determination of work performed and payment due. Article 3. TERM OF CONTRACT 1. This contract shall be in full force and effect only when it has been approved by the Town Council of Fountain Hills,Arizona and signed by its Town Manager as attested by the Town Clerk. 2. The Consultant shall proceed with the work immediately upon receipt of a notice to proceed Cow 2. The Consultant shall proceed with the work immediately upon receipt of a notice to proceed issued by the Contract Administrator. All work shall be completed and approved on or before June 30, 1999, as outlined in Exhibit A. 3. In the event the work cannot be completed within the time specified within subparagraph 2 above,the Contract Administrator may approve a change order extending the time for completion of the work for such period as the Contract Administrator deems reasonable. A change order extending the time for completion of the work pursuant to this subparagraph shall not entitle the Consultant to additional compensation. Article 4. TERMINATION OF CONTRACT The Town has the right to terminate this contract for cause or convenience or abandon any portion of the project for which services have not been performed by the Consultant. Termination of this agreement is subject to the provisions of A.R.S. § 38-511. 1. In the event the Town terminates this contract or any part of the services as herein provided,the Town shall notify the Consultant in writing, and immediately upon receipt of such notice, the Consultant shall discontinue all work under this contract. 2. Upon such termination or abandonment, the Consultant shall immediately deliver to the Town all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the Consultant under the contract, together with all unused material supplied by the Town. Consultant shall be responsible only for such portion of the work which has been completed and accepted by the Town. Use of incomplete data by the Town shall be the Town's sole responsibility. 3. Upon receipt of notice of termination, Consultant shall appraise work it has completed but has not yet been paid for and shall submit the work and appraisal to the Contract Administrator for evaluation within 14 calendar days. 4. The Consultant shall receive as compensation in full for services performed to the date of such termination or abandonment a fee for the percentage of services actually completed and accepted by the Town. This fee shall be in an amount to be mutually agreed upon by the consultant and the Town,based upon the scope of work set forth in Exhibit A and the payment schedule set forth in Article 2 hereof. If mutual agreement cannot be reached after reasonable negotiation,the Contract Administrator shall determine the percentage of satisfactory completion of each task set forth in the scope of work contained in Exhibit A and the amount of compensation Consultant is entitled to for such work and the Contract Administrator's determination in this regard shall be final. The Town shall make such final payment within 60 days after the Consultant has delivered the last of the partially completed items. 5. If for any reason the Consultant fails to fulfill in a timely and proper manner its obligations Page 2 under this contract, or if the Consultant violates any of the covenants, agreements, or stipulations of this contract the Town may withhold from payment due to the Consultant such amounts as are necessary to protect the Town's position for the purpose of set-off until such time as the exact amount of damages due to the Town from Consultant is determined by a court of competent jurisdiction. Article 5. ALTERATIONS OR ADDITIONAL SERVICES The total scope of Consulting services to be performed in accordance with this contract is set forth in Exhibit A and, if the Consultant is asked to perform services which are not included in this contract they will be considered additional services. The Consultant shall not perform such additional services without written authorization in the form of an approved change order from the Town. In the event the Consultant performs such additional services without written authorization from the Town, is shall be presumed that the additional services were included in the scope of work set forth in this contract and the fees specified herein and Consultant shall not be permitted to request or receive any additional compensation for such additional services. Article 6. ASSIGNMENT AND SUBCONTRACTING 1. The contract may not be assigned in whole or in part without the prior written consent of the Contract Administrator. (1111, 2. The Consultant may engage such subconsultants or professional associates as they may deem necessary or desire for the timely and successful completion of this contract. However, the use of such subconsultants or professional associates for the performance of any part of the work specified in Exhibit A shall be subject to the prior approval of the Town. Consultants will submit a complete list of subconsultants on Exhibit C. Employment of such subconsultants or professional associates in order to complete the work set forth in Exhibit A shall not entitle Consultant to additional compensation beyond that set forth in Article 2 hereof for completion of the work specified in Exhibit A. Consultant shall be responsible for and shall warrant all work delegated to such subconsultants or professional associates. Article 7. COMPLETENESS AND ACCURACY The Consultant shall be responsible for and shall warrant the completeness, accuracy and quality of all work done pursuant to the contract including, but not limited to reports, survey work, plans, supporting data and special provisions prepared or compiled pursuant to Consultant's obligations under this contract and shall correct at his expense all errors or omissions which may be discovered therein. The fact that the Town has accepted or approved the Consultant's work shall in no way relieve the Consultant of any of his responsibilities. L Page 3 Article 8. OWNERSHIP OF DOCUMENTS All documents including but not limited to, data computation, studies, reports, field notes, design notes and all original drawings which are prepared in the performance of this contract are to be and remain the property of the Town and are to be delivered to the Contract Administrator before final payment under this contact is made to the Consultant. Such documents are not intended or represented to be suitable for any reuse by the Town or other party, its departments or agencies on extensions of the project or on any other project. Any reuse without written verification or adaptation by Consultant for the specific purpose intended will be at the Town's sole risk and without liability or legal exposure to Consultant. Article 9. INDEMNIFICATION The Consultant shall defend, indemnify and hold harmless the Town and any of its departments, agencies, officers or employees from all damages, claims or liabilities and expenses (including attorneys fees) arising out of or resulting in any way from the performance of professional services for the Town and caused by any error,omission or negligent act of the Consultant or anyone for whose acts the Consultant is legally liable. Article 10. INSURANCE 1. The Consultant shall secure and maintain during the life of this contract, insurance coverage which shall include statutory workman's compensation, comprehensive general and automobile liability, and errors and omissions professional liability. The comprehensive general and automobile liability limits shall be no less than one million dollars($1,000,000)each. The minimum amounts of coverage for Consultant's professional liability shall be one million dollars ($1,000,000). In other than errors and omissions professional liability and workman's compensation, the Town of Fountain Hills shall be named as an additional insured. All insurance coverage shall be written through carriers licensed in Arizona, or on an approved non-admitted list of carriers published by the Arizona Department of Insurance, and possessing an A.M. Best rating of at least B+. Should coverage be written on a claims-made basis,the Consultant shall provide,prior to commencement of any work,an initial certificate of insurance evidencing required coverage limits from date of contract execution through date of policy expiration. Subsequently, a certificate of insurance or a renewal quotation accompanied by evidence of premium payment shall be presented a minimum of fifteen (15) days prior to date of expiration of current certificate. Such certificate or evidence of continuous coverage shall be provided on a periodic basis for a minimum of two(2)years after completion of contract, and shall contain a certification that the claim's period for Page 4 (or such insurance is retroactive to the effective date of this contract. In the event the Consultant fails to provide such certificate of coverage retroactive to the beginning date of this contract, the Town may, but shall not be required to, purchase insurance, if available to protect itself against any losses which would have been covered by the errors and omissions policy Consultant is required to maintain under this article. If the Town elects to purchase the insurance under this provision, Consultant shall be liable to the Town for all costs incurred by the Town for purchasing such insurance. 2. The Consultant shall submit to the Town a certificate of insurance evidencing the coverage and limits stated in the foregoing paragraph within ten(10)days of award of this contract. Insurance evidenced by the certificate shall not expire,be canceled, or materially changed without thirty (30) days prior written notice to the Town,and a statement to that effect must appear on the face of the certificate and the certificate shall be signed by a person authorized to bind the insurer. The amount of any errors and omission deductible shall be stated on the face of the certificate. The Contract Administrator may require the Consultant to furnish a financial statement establishing the ability of Consultant to fund the deductible. If in the judgement of the Contract Administrator the financial statement does not establish the Consultant's ability to fund the deductible, and no other provisions acceptable to the Contract Administrator are made to assure funding of the deductible,the Contract Administrator may,in his sole discretion,terminate this contract without further liability to the Town. Article 11. ATTORNEYS FEES In the event either party brings any action for any relief, declaratory or otherwise, arising out of this contract, or an account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys fees and reasonable costs and expenses,determined by the court sitting without a jury, which shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgement. Article 12. CONFLICT OF INTEREST Pursuant to the provisions of A.R.S. § 38-511, the Town may cancel any contract or agreement, without penalty or obligation if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the Town is at any time while the contract or any extension thereof is in effect an employee of any other party to the contract in any capacity or a consultant to any other party to the contract with respect to the subject matter of the contract. L Page 5 Article 13. PRIOR COMMITMENT The contract constitutes the entire understanding of the parties and no representations or agreements oral or written,made prior to its execution shall vary or modify the terms thereof. Article 14. GOVERNING LAW This contract shall be governed and interpreted according to the laws of the State of Arizona. Article 15. AMENDMENTS Any amendment, modification or variation form the terms of this contract shall be in writing and signed by all parties hereto. Article 16. ADDITIONAL WARRANTIES AND DISCLOSURES BY CONSULTANT 1. The Consultant shall reveal fully and in writing any financial or compensatory agreements which the Consultant has with any prospective contractor prior to the Town's publication of requests for bids for construction. 2. The Consultant hereby warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant to solicit or secure this agreement, and that the Consultant has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for the Consultant any fee, commission,percentage, gift or any other consideration contingent upon or resulting from the award or making of this agreement. 3. The Consultant shall comply with Executive Order No. 11246 entitle "Equal Opportunity Employment" as amended by Executive Order No. 11375, and supplemented Department of Labor Regulations 41CFR,Part 16. Article 17. COMPLIANCE WITH LAW The Consultant specifically agrees that in the performance of the services rendered hereunder by Consultant or anyone acting on their behalf, Consultant will comply with all state, federal and local statues, ordinances and regulations, and will obtain all permits and licenses applicable for performance under this agreement. • Page 6 Article 18. CONTRACT ADMINISTRATOR The Town's Contract Administrator for this contract shall be the Town Manager or his designee(s). In witness whereof,the parties hereto have executed this agreement on the date first written above. TOWN OF FOUNTAIN HILL By; // � �...------� Pa .Nordin,Town Manager ATTEST: 4.4./.2A-A-A-43 )CLAAA-A--) Cassie B.Hansen,Town Clerk REVIEWED BY: . L, Andrew J.McGuire,Assistant Town Attorney REVIEWED BY: Robin Goodman Director of Parks and Recreation CONSULTANT: E Group Landscape Architecture Environmental Design Land Planning Robert W.Thompson,Principal L Page 7 EXHIBIT A FOUNTAIN PARK—Construction Documents Project#FP98-018 Description of Project This project is for the design, construction documentation, and design review for Fountain Park Master Plan. This includes finalizing the site plan, developing construction documents and specifications detailing all amenities in the park. The Town has an approved Park Master Plan (Exhibit D). Additionally, the Town desires to construct the park in two phases. Scope items and a target budget have been developed for both phases (Exhibit E). Scope of Services 1. Create an approved site plan to include all of the amenities as specified. (Exhibit D &E). 2. Visit project site, as necessary, to field-verify survey datum including boundary, utilities, existing adjacent infrastructure, topography, existing improvements, existing trees, and underground irrigation. 3. Obtain all pertinent project data supplied by the Town and applicable governmental agencies (ie DEQ, etc). (11100 4. Contact and coordinate with all applicable public and private utilities (SRP, Sanitary District, Chaparral Water Co.,Fire District,etc.) 5. Review and evaluate drainage reports and studies affecting the park site including steep slopes and low areas. 6. Provide project specifications at the 60% submittal and include information on computer diskette. 7. Analyze mass grading/civil and utility requirements and prepare a conceptual grading plan including earthwork analysis. 8. Provide an 8 1/2" x 11" PMT (scaled) of the approved master plan. Construction documents shall be submitted on 24" x 36" sheets. 9. Attend meetings as may be necessary to successfully complete this project. 10. Prepare a preliminary construction cost estimate at the 60% submittal and a final cost estimate at the 100% submittal. The project shall be designed not to exceed a $1,150,000 project budget, including a 10% contingency. L Park Design Services-Page 1 11. Submittals will be turned in at 30%, 60%, 90%, and 100%. Revisions will be made after 100% if correction are necessary. 12. Consultant shall identify within the 60%package the "Phase F' limits of construction, which shall not exceed$700,000. 13. Consultant will work with the Parks and Recreation Director to select equipment, colors, materials, and finishes of park improvements. Cut sheets on all improvements shall be submitted by the 60% submittal. Color charts and material samples shall also be submitted. 14. All cost estimates and written documents shall be performed on Word 7.0 or Excel and shall be given to the Town with the submittal. 15. The consultant shall attend the pre-bid conference and the pre-construction conference. 16. The project fee is $165,600.00 and is broken down as follows for billing purposes: Approved Master Plan $33,120.00 30% Submittal $33,120.00 60% Submittal $33,120.00 90% Submittal $33,120.00 100% Submittal (due by June 30, 1999) $33,120.00 TOTAL $165,600.00 17. Should additional services be required, e group shall negotiate with the Town and receive written authorization for any additional services prior to commencing work. 18. Subcontractors to work on this project are outlined in Exhibit C. 19. All submittals shall be delivered to the Town as follows: Ms. Katy Quinn Town of Fountain Hills Parks and Recreation Department Post Office Box 17958 Fountain Hills, Arizona 85269 Park Design Services-Page 2 EXHIBIT B PAYMENT SCHEDULE Project#FP98-018 Invoice No. Payment Period Invoice Date Date Check Cut 1 Dec-Jan December 10, 1998 December 15, 1998 2 February December 24, 1998 January 4, 1999 3 March January 11, 1999 January 15, 1999 4 April January 25, 1999 February 1, 1999 5 May February 10, 1999 February 15, 1999 6 June July 9, 1999 July 15, 1999 Guidelines 1. Invoices need to be original and submitted on or before the invoice date. 2. Billing statement should reference an invoice number,payment period, and contract number FP98-018. 3. Billing statement should show amount of contract, work performed, amount being billed and balance remaining. 4. No additional work or contract increase will be honored without written authorization. 5. Mail billing statements to: Ms. Katy Quinn Town of Fountain Hills Parks and Recreation Department Post Office Box 17958 Fountain Hills, Arizona 85269 6. Billing questions should be directed to Katy Quinn, Administrative Assistant, at 816-5124, fax 837-6362. 7. In order to close out this contract and the Town's year end financial statements, all invoices for this contract must be received by July 9, 1999. L EXHIBIT C LIST OF SUBCONTRACTORS Project#FP98-018 PROJECT ENGINEERING Consultants Ltd. 2320 West Peoria Avenue, Suite C-122 Phoenix, Arizona 85029 Phone: (602) 906-1901 Fax: (602)906-3080 (Civil Engineer/Architect) John Berghian—Contact e mail: projengin@mci2000.com COATES IRRIGATION CONSULTANTS,Inc. 4300 North Miller Road, Suite 104 Scottsdale,AZ 85251 Phone: (602)481-0682 Fax: (602)481-0939 (Irrigation Designer) Gaylon Coates - Contact RICHARDSON OR RICHARDSON 1301 East Bethany Home Road Phoenix, AZ 85014 Phone: (602) 266-1301 Fax: (602) 264-0757 (Graphic Wyfinding) Forrest Richardson—Contact ENGINEERING DESIGN CONSULTANTS Ltd. 2234 South McClintock Drive Tempe,AZ 85282 Phone: (602)968-5105 Fax: (602)968-0899 (Electrical Engineer) Ken Sykora-Contact MAXIM Technologies Inc. 7031 West Oakland Street Chandler,AZ 85226 Phone: (602)961-1169 Fax: (602) 940-0952 (Soil Engineer) Tim Anderson-Contact L EXHIBIT D GENERAL PROJECT KEY NOTES I V WIDEL•TTTURALI S t'UI UNID HI Al If'A.)0Rl n I'IN 1" A+iR. 'A CONCRETE SIDEW ALA WISH Y AMAL rIEA)SA I!:1,n' P.1_1011T ,PARAND COURSE AN HEN(TIE Il S k)KID SEAT IA),',1 HL_' ,):W LINEAR FEET-I AMl Wn AL IL SS �1''1N1w.A],II,,, H MULTIUSE R.ALJU.NG PA Al t' AS SIRSICE A(f E_1S DEL UMPOSW GRANITE UV FR ASPHALT I MIRE WITH EXIS fI DER L RSE - STATION PAN'UL0.5E.HENCHTS H t\P 11 I ',+11,11.1 L p^ STA LIGHTLNU Hi�,'Sio l b.W LINEAL(FEST W t YLA1lNU1 'U V N IM 1 I.Y Aw ,� •'N, (, LARGE ROLP RAMADA (E NOC PH E TEN 1.V Allis _ WTIII TEN tl PERSON PICNIC AND NUDE FNU SUMMER SE S • - _ - TABLES AND TW'U ` /' � HARBECULA 1 FXISTI+Ni PAMPA/ i1. I •/ F_SYANDED TU'0 PARN.NO STALLS II r t,J�'•. } ___ N AlhilI:AI) () MEDIUM GRUL'PRMULA r Ni '�y-���•-�� WITH FIVE a PERSON PI('NII' IXIHTIN(i PANKN(i ' I t //� 1 TABLES AND iKU K EXPANDED Ill W AWASH )1 ALL) II '! J/(�.� } a , BARBER!ES ,�. jl f ,Jt� \ SMALL GRGU'Y RAMAl)A I NFW RESTRUOM EACH ITSwml PARK E. W ITII THREE tl PERSON PIC\1C AFTICE ANU ST)IIUUF AREA /,T• // y TABLES AND UNE UARBEULL ORIAT IIIESI A Ij11A AI S TO RE IOC 1}D / \ \` Y �^ 1 l'f.., _ M A Ll ARO PITH OIREI'TL1'lU NHE /-v., �y /..1�1'i NI lESS S ALL TIIF IIRIIAiE AND IT'S //' //S /Y � ('FSS 111ALl HE AU CCLSSWLE �{{{ ('. \ SILL URIINL MALL LION 711E / / ��� v 9: -\ PRI:SERVED IN PLACE `j/ 'e.4U .3^,.' SINE Y Nr b/ // 1\ 4 _� /,// '•T' H a 1B7 ,\ ( t �i,. ," '!I �'q-. B - c � ti� ofi . 11 /lj F'ryJ`+ , � CP A 'S' i \ v_i �\ • N / l > 'f�/�ice' H ' w // /V 1 .''6Al' N t0z �'1+ _�, t x r �> / S c N ri`E pow✓ l/'' '2 � d}\, -{ „,,,,,i,„.41,„ 1 � l t ,• —� 1L /1/l/ Il c'c a ' - " Q PUn )ip;1,1� , J. ✓s 1 • :xj,jA• FJE. L ;t 1/ /1/ Lil :j 41 V ice. B FOUNT/UN t Na 11 l`d t n� H .• ., A tit �i/ �i „.: '. Tic �� ; t1 . }1,K kj{,(TLC c r� J.1 1/I ;i THEUALAAR 1 ,a1Yn{'\y C2: 1,4 ' .+F2 �� \�..,. )I �< _" 05—=-otter;� i� �.a .A '� 4 - Ifs •.� ^": py ao •,U - a i 1 MASTER PLAN FOUNTAIN PARK MASTER PLAN LFOUNTAIN HILLS TOWN OF FOUNTAIN IHLLS RECREATIONAL PARKS AND RECREATION FOUNTAIN HILLS,ARILONA MASTER PLANNING BY. __ _ _ e NW a +a SUB' ar AID .... IENRL ANY I:?On EXHIBIT E FOUNTAIN PARK MASTER PLAN L PHASE I Project Scope Items (priority order) Number of Unit Total Item Units Cost Cost 1. Multi-purpose walkway(8' & 10'widths) w/electrical service 102,000 sq.ft. LS $305,000 2. Two medium picnic ramada w/lights, tables, and barbecue (2) 1,000 sq. ft. $33,000 $56,000 3. One restroom/control building w/fixtures 1 x 850 sq. ft. LS $124,000 4. Outdoor performance pad w/electrical service 1,500 sq.ft. LS $45,000 5. Landscape, irrigation, grading,electrical controllers Varies LS $70,000 6. Project Signage Varies LS $10,000 SUBTOTAL $610,000 Contingency & Change Orders $90,000 TOTAL DEVELOPMENT COST* $700,000 *NOTE Phase I Development costs are beingJttnded through a$700,000 Heritage Grant. PHASE II Project Scope Items Number of Unit Total Item Units Cost Cost 1. Playground, tot lot, seatwall, water feature, shade Approx. structure 9,000 sq.ft. LS $90,000 2. Small picnic ramada w/lights, tables grill 1 LS $28,000 ' 3. Parking area w/lights, gates, trash enclosure (2 lots) 120 stalls LS $170,000 4. Project signage—Park Rules, Directional ADA, Effluent, Interpretive LS $30,000 5. Landscape/Irrigation, grading, electric controllers LS $82,000 SUBTOTAL $400,000 Contingency & Change Orders $ 50,000 TOTAL DEVELOPMENT COSTS** $450,000 **NOTEA second Heritage Grant will be applied for in 2/99 with notification by 9/99. Future improvements not addressed in this master plan include: a new restroom/control building at the playground; area lights along the walking path: major irrigation/pump improvements; lake liner; box culvert widening on El Lago; repairs/renovation of pump station building/yard; and other issues associated with the effluent system and Fountain Lake Dam. cc: Randy Harrel Julie Ghetti e-group,Bob Thompson TOWN OF FOUNTAIN HILLS PLANNING&ZONING COMMISSION AND STAFF REPORT December 17, 1998 CASE NO: S98-047 LOCATION: 14220 Hawthorne Ct., aka Lot 12, Block 4, Final Plat 111. REQUEST: Consider the Preliminary and Final Plat for "Gallery Homes Condominiums 5", a two-unit condominium project. DESCRIPTION: OWNER: Gallery Homes, Inc. APPLICANT: Tom Fredrickson EXISTING ZONING: "R-2" EXISTING CONDITION: Under Construction LOT SIZE: 18,818 square feet(0.43 acres) SURROUNDING LAND USES AND ZONING: NORTH: Duplex; zoned "R-2" SOUTH: Vacant; zoned "R-2" EAST: Duplex; zoned "R-2" WEST: Duplex; zoned "R-2" SUMMARY: This request is for approval of the Preliminary and Final Plat "14220 Hawthorne Ct., Gallery Homes Condominiums 5 Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off-site public improvements, a "fast track" process is being allowed. The owner, Gallery Homes, Inc., has chosen to convert a two-unit complex currently under construction and record a Declaration of Condominium to sell the units individually. The units will have a maximum livable area of 1,752 square feet, a minimum livable area of 1,625 square feet and a covered patio. Each unit will have a two-car garage. The applicant applied for his building permit, BP98-0075, on January 20, 1998 and received his permit to build on July 16, 1998. The Planning &Zoning Commission recommended approval of this plat at the December 11, 1998 Commission meeting. RECOMMENDATION: The Planning & Zoning Commission recommends approval of S98-047; Preliminary Plat "Gallery Homes Condominiums Unit 5". Staff recommends approval of S98-047; Final Plat "Gallery Homes Condominiums Unit 5". TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner DATE: December 11, 1998 SUBJECT: Preliminary & Final Plat for"Subak Condominiums" Staff has combined the reports for the Preliminary and Final Plats, there are no off-site improvements or Improvement Plans needed for this plat. This plat is a request by John T. Carroll that would condominiumize two-units located at 17036 East Salida Dr., aka lot 12, Block 3, Final Plat 201. Please refer to the attached Planning and Zoning Commission & Staff report for additional details regarding this request. L TOWN OF FOUNTAIN HILLS PLANNING&ZONING COMMISSION AND STAFF REPORT DECEMBER 17, 1998 CASE NO: S98-049 LOCATION: 17036 East Salida Drive, aka Lot 12, Block 3, Final Plat 201. REQUEST: Consider the Preliminary and Final Plat for "Subak Condominiums", a 2-unit condominium project. DESCRIPTION: OWNER: Steven Suback APPLICANT: John T. Carroll EXISTING ZONING: "R-2" EXISTING CONDITION: Finished Construction LOT SIZE: 12,940 square feet(0.29 acres) SURROUNDING LAND USES AND ZONING: NORTH: Vacant; zoned "R-3" SOUTH: Single-family; zoned "R1-8" EAST: Duplex; zoned "R-2" WEST: Duplex; zoned "R-2" SUMMARY: This request is for approval of the Preliminary and Final Plat"17036 East Salida Drive, Subak Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off-site public improvements, a "fast track" process is being allowed. The owner, Steven Subak, has chosen to convert a two-unit complex currently under construction and record a Declaration of Condominium to sell the units individually. The units will have a maximum livable area of 1,200.64 square feet, a minimum livable area of 1,200.64 square feet and a covered patio. Each unit will have a two-car garage. The applicant applied for his building permit, BP98-0668, on May 19, 1998 and received his permit to build on June 16, 1998. The Planning &Zoning Commission recommended approval of this plat at the December 10, 1998 Commission meeting. RECOMMENDATION: 40,0 The Planning & Zoning Commission recommends approval of S98-049; Preliminary Plat " Subak Condominiums". Staff recommends approval of S98-049; Final Plat " Subak Condominiums". CO 22.00' ito -� D 1 o C o D 37.67' C z) t oo Do rn 1 C °° 17.50' , f1 z o N Z--1 • DO .Z1 6.001 Tl r 4:-ff3; D 0• rat I-- 0 O - • !� CD 0 O ow•.Z7 32.17' 6.00' II 32.17' 6.00' D (— D . 0 - 1 i Din 0 m D r Z •�4.Om' = 0 0J t N Z z 6.00' I 17.50' o -< —1 1 GO To' 0 o N D . 0 Z1 o D rrn to 37.67' 1 22.00' -- >. C z 10.33'� � 13.75' -, 8.00' 11.33' 11.33' 1 o z t 0.33' > ~ 9.00' I co 1 13.75' m xi C 10.33' 8.00' 8 I Gs z G) r 2 Z I Jp m m 12.00 0 D F8.00' i m rc m10.00 rm 8.00' .43 1-7� (� 0 D c� _ c7 9.00' — r'' Z 1 m O Z �O M,Z m— O 11 Z II Z co II O r Z co Z \ Z f N C D O m I _G = Z r r1 C Z Z CO mo D c-)z� 12.00' 1 1 WI. m<m t m • e e v m w P o� H A m 1 �. I 11.33' C 9.00' i • /e 4. 1 c ze 0'1 F9�� 1ST d OCY' S 8.00' 1 ` N. (11.° j ARH ...10-28-91 MONTGOMERY ENGINEERING & MANAGEMENT,LLC. PLAT 201• BLOCK 3• LOT 12 �,,DRM MUM PO 96179 16844 AVENUE OF 114E FOUNTAINS,SUM201 014.w.•2 OF 2 _sne AS NO1F0 FOUNTAIN MILS ANRONA 65266 17036 E. SALIDA DR. MIL PUT-PUN It 5EcnoNs (602)637-1845 o.R ,�� ;pi, 6 g • 09 _ , 3rj ill 0 " p ax p 6 i� Ah /4 G.�, >E WI 1011gd �'� c gs� -lla li l igi §4x4 AAt Ag� 115 =<<. D 1� ;IV,*1ft- ` -� Try. e� IAA g a{S =nA c• 73s �c,^:';,F Ei#.Er _ x xD Id .lIx I A. 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SALIDA DR. nxAL PLAT (602)837-1945 ■,R ,o„„,,, 11. Ste- 047 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner DATE: December 11, 1998 SUBJECT: Preliminary & Final Plat for"Saguaro Vista Condominiums" Staff has combined the reports for the Preliminary and Final Plats, there are no off-site improvements or Improvement Plans needed for this plat. This plat is a request by Properties of Pacific Southwest L.L.C., that would condominiumize four-units located at 11402 N. Saguaro Blvd., aka Lot 4, Block 6, Final Plat 201. Please refer to the attached Planning and Zoning Commission & Staff report for additional details regarding this request. L L TOWN OF FOUNTAIN HILLS PLANNING&ZONNING COMMISSION STAFF REPORT December 17, 1998 CASE NO: S98-045 LOCATION: 11402 N. Saguaro Blvd., aka Lot 4, Block 6, Final Plat 201. REQUEST: Consider the Preliminary and Final Plat for"Saguaro Vista Condominiums", a 4-unit condominium project. DESCRIPTION: OWNER: Gerald & Bethany Macera, c/o Ed Oliva APPLICANT: Properties of Pacific Southwest L.L.C. EXISTING ZONING: "R-3" EXISTING CONDITION: Under Construction LOT SIZE: 18,045 square feet(0.41 acres) SURROUNDING LAND USES AND ZONING: NORTH: Vacant; zoned "R-3" SOUTH: Malta Drain; zoned "R-3" EAST: Saguaro Blvd. WEST: Vacant: zoned "R-2" SUMMARY: This request is for approval of the Preliminary and Final Plat " 11402 N. Saguaro Blvd., Saguaro Vista Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off-site public improvements, a "fast track" process is being allowed. The owners, Gerald & Bethany Macera, have chosen to convert a four-unit complex currently under construction and record a Declaration of Condominium to sell the units individually. The units will have a maximum livable area of 810 square feet, a minimum livable area of 808 square feet and a covered patio. Each unit will have a two-car garage. The applicant applied for his building permit, BP98-0366, on March 3, 1998 and received his permit to build on June 15, 1998. The Planning &Zoning Commission recommended approval of this plat at the December 10, 1998 Commission meeting. RECOMMENDATION: Planning & Zoning Commission recommends approval of S98-045; Preliminary Plat "Saguaro Vista Condominiums". Staff recommends approval of S98-045; Final Plat "Saguaro Vista Condominiums"with the following stipulation: . That the applicant grant a sight easement along the Saguaro Blvd. frontage acceptable to the Town Engineer. Attachment: Exhibit "A"; Easement Acquisition Plan L L EXHIBIT " A" TOWN OF FOUNTAIN HILLS EASEMENT ACQUISITION PLAT 201 BLOCK 6 LOT 4 \ \ .LOT 2 \ ----- , \ 1 LOT 3 I ', . . i : I I CURVE TABLE I N88'57'38''W 150.00' CURVE LENGTH RADIUS DELTA -- ... —----- -A• ki ! :,< - -- ..:1*ft----1-'ffi'k ,--'1 10i I Cl 69.40 795.00 0500'07" C2 146.30 275.00 3028'50" _ ,_1- C3 153.42 945.00 09'18 07" LOT' _ , I C4 18.66' 275.00 035315" ;1 ,; 'S ".S.•;::-.-F4' ("if Cl) : 0.0396dc.-- ' C3 4111.0 S4450'00”E l‘ \ -:;;:::7•"—z:.1::::* I li.11i ' .:2* ? I 19.52' N'.,. :‘,.-.:s :..,•! ,f cohi'. ,' I •<=.'-- '''4' c5r4 : C ."---.- 4,--t4-3 ,:., : ? :" •c7 -- ,..,4 : :.,... C4 i '114/---- ..e.--.F it, ....... / .„:::: 2.''.,,,7._ , 2,,,,,.4 woB1,../..-- / Y-i- ---A ; e...,-- N:9-1--9:3;2.w i:1 \.1/E I SIGHT :' 55.4 4' (RAD) ---\,. s., . ...„ / , . I // N 0 * !..1 13124 • CI, ' ' o HARREL ckt ....„ _ ......., /,/, to,iss. ,./(„Et. 'fro ,-- . , I 4 i I? ., /20 SCALE: 1”--= 80' i _. .,, L. DATE: 11-18-98 - i . _ N)11ALN t f`) J TOWN OF FOUNTAIN HILLS ti� COMMUNITY DEVELOPMENT DEPARTMENT ' . . 6, ,titiMINIUNOPM "I PPEIC TiON #ri 'k -l• 1 Date Filed Fee Paid Acce ted C ( - Z -T8 /5860 `� ondominium Name qua Co 14 .,f4 eo nCfQrn i •H S Condominium Address //4/D0 /%/ 5c-• gu4c Legal Description of Lot/Parcel Being Matted Plat , 0 J Block 0 6 Lot(s) 0 Parcel Size Dir y,5-' Number of Units Number of Tracts Zoning / .� . General Plan Land Use Designation k -3 Density Requested (Dwelling Units Per Acre) 9G b4M A plicant Day Phone r` "i-o �,Hcs of f i_i,, c So a tk cc ars t k37- b`o Addrbss City ST Zip /G r3,,,) AI A4 m t 4 3114 E. f'v u‘f faio s _/tn �i 1-4-5 �2 k s-02G P Owner / 26. 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I e Q o ' .0'9 Q .2ti- • Q 3 _ Z p .lS9Z �J 09 lilaM ___-1 I-- ,ff'l ma_ .y d (tar 11.1 iiiiiv, p - 0. 9 l92 II = ' al ,CC• Il lam? ,-. u. Ps WC! 1 115 ,.t 7R m m Chron 388 MEMORANDUM TO: Honorable Mayor and Town Council FROM: Art Caridel•ria, ngineer/Plan 'ew REVIEWED: Randy L. H•rrel, wn Engineer THROUGH: Paul L.', ., • n Manager DATE: Novem•- 17, 1 8 RE: Easement Abandonment 98-35; Resolution 1998-68 Plat 202, Block 1, Lots 8, 9 & 25 This item on the Town Council's agenda is a proposal to abandon the ten (10)foot public utility and drainage easements located at the southwesterly property line of Lots 8 &9, and the northeasterly lot line of lot 25, Block 1, Plat 202, (17149 E. Amhurst) as shown in Exhibit"A". The property owners of Lots 8, 9 and 25 desires the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. Staff has received no comments to date from the adjacent property owners. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. Staff recommends adoption of Resolution 1998-68. cc: Albert Poma First United Methodist Church of F. H. G. Jeffrey Mowry Rodakis General Partnership Berten & Susan Rybicki Gary &Dona Jean Slowik William &Jenelle Dearen Jimmy&Margarita Canes Plat 202 Property Owners Assoc. Inc. Sheila Pearl &Eva Stein Pickholtz L G:\Easement Memo\202-1-Lots 8&9&25(17149 E.Amhurst) Albert Poma.doc When recorded, return to: -ngineering Department %town of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 1998-68 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE SOUTHWESTERLY LOT LINE OF LOTS 8 &9 AND THE NORTHEASTERLY LOT LINE OF LOT 25, BLOCK 1 OF PLAT 202, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 147 OF MAPS, PAGE 5, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real property located in the Town of Fountain Hills, may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS. The Town Council of the Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, All present utility companies have received notification of the proposed abandonment; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That the certain ten (10)foot public utility and drainage easements, located along the southwesterly property lot line of Lots 8 &9 and the northeasterly lot line of Lot 25, of Plat 202, Block 1, Fountain Hills, Arizona; as recorded in book 147 of maps, page 5 records of Maricopa County, Arizona; are hereby declared to be abandoned by the Town of Fountain Hills. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting therefrom or existing previous to any action by the Town. Resolution 1998-68 Page 1 of 2 (FASS FAIL `1MOTTON (✓ ); :. Ito f-f SECOND rnL& COUNT — P rr & C((Ct&rcJ LCr�f1; Ct' i EXHIBIT "A" . 'ttr-41)...*-- in, k 1,•/5",•C r. . i i A. �e • •0': ••?ti 4 2 i �i ,M •' - °°' • •... • rti;6.• k . .ir' • . _- , r; , a - 4 , RIRK/NC /N 7/ dr • '� 1 . �3 r • .;�o ,, :visa E.1 - �=. -4- 0. h ,r7 @ . , Sr A, %lb . ..I - r. • ow, .� . ,_ . ,tee ; ; a 0 I, ° . t¢ /0 At "�t o� °a 4111 n 20 .v. '41. a4_ to • • 'op sEE pETA/L i a 0b illitit?' , n tfA 8/ 16 2.2d AC• - . • +� h • °' w �� . 0 , 'ARCCC. „A" to • at. AA a. . , k k • . ;. • / • tO • + ,. •i y. . . .3 ,.. ':Z. = ;,•;,;, 4 .*rCO4lhfON`e_r. .� ' ti' • `i • •A•:. 19sago �'-' , ..• .,,, - 2".. -te, .;ii• ,'• • - ; /n1r A w y . + ti' •I0 86� Ez K. '�, 7 ••titt r► ,;-. IH Ntt! J IJ E; , L,'ASSED AND ADOPTED this 17th day of December 1998. ATTEST: FOR THE TOWN OF FOUNTAIN HILLS (1244-14 .1.5 ) ,(1_,, ,, ; eatotx/ILef Cassie B. Hansen, Town Clerk Sharon Morgan, Mayor REVIEWED BY: APPROVED AS TO FORM: /77,,A‘ • Cpc‘.... Paul L. N rdi , To n Manager William E. Farrell, Town Attorney L Resolution 1998-68 �r Page 2 of 2 Town of Fountain Hills Memorandum DATE: December 11, 1998 TO: The Honorable Mayor and Common Council JU1/41/3FROM: Jeffrey Valder, Community Development Director THROUGH: Paul L. Nordin,Town Manager SUBJECT: Town Center Commercial Zoning District, Ordinance 98-36 Several weeks ago staff met with Mayor Morgan and Councilwomen Hutcheson and Wiggishoff to discuss the creation of a new commercial zoning district for use in the Town Center Area. It was our goal to provide for only those uses that we believed would be appropriate both in terms of pedestrian orientation and that would implement the vision of the Council for this area. We carefully reviewed the existing commercial zoning district uses and assessed the appropriateness of those individual uses. On November 5, 1998 the Town Council initiated the process to consider the adoption of this proposed amendment to The Zoning Ordinance for the Town of Fountain Hills. On December 10, 1998 the Planning and Zoning Commission recommended Town Council approval of Ordinance 98-36 by a vote of 5-0. Based on this input, staff has developed a draft"Town Center Commercial Zoning District," which is attached. In addition to providing for those uses that Mayor Morgan and Councilwomen Hutcheson and Wiggishoff suggested,this new Chapter in The Zoning Ordinance for the Town of Fountain Hills would: • Require the development of a Master Design and Architectural Plan for the area that specifies the architectural style(s)and the exterior materials and colors for all new developments in the Zoning District. • Require the development of a Master Landscaping and Lighting Plan for the area that specifies landscaping and lighting for all new developments in the Zoning District. • Require the development of a Comprehensive Sign Plan for the area that details the style and specifications for signage for all new developments in the Zoning District. • Provide for tailored setback and other zoning regulations that will encourage the development and sustainability of a vibrant,pedestrian orientated,mixed-use area where residents and visitors can live, work, shop,dine,be entertained, enjoy community and cultural events and contribute to the economic viability of the Town Center Area. Staff has met with representatives of MCO Properties regarding this amendment. They suggested some minor changes, most of which have been incorporated in the proposed language. Staff recommends that the Commission recommend Town Council approval of this amendment. TOWN OF FOUNTAIN HILLS ORDINANCE #98-36 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADDING CHAPTER 18 TO THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO CREATE THE TOWN CENTER COMMERCIAL ZONING DISTRICT. WHEREAS, The Town of Fountain Hills adopted Ordinance #93-22, on November 18, 1993, which adopted the Zoning Ordinance for the Town of Fountain Hills, and; WHEREAS, Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills, provides for a procedure to amend said ordinance, and; WHEREAS, The Town of Fountain Hills desires to amend its regulations to establish a new commercial zoning district,the "Town Center Commercial"Zoning District, and; WHEREAS, The procedures detailed in Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills have been followed, and; WHEREAS, The Town of Fountain Hills has written the text of Chapter of The Zoning Ordinance for the Town of Fountain Hills and published this proposed text change in the official newspaper of general circulation, The Times of Fountain Hills and Rio Verde on November 25, 1998 and on December 2, 9, and 16, 1998 and; WHEREAS, Public hearings were advertised in the November 25, 1998 and in the December 2, 9, and 16, 1998 editions of The Times of Fountain Hills and Rio Verde, pursuant to Arizona Revised Statutes §9-462.04, and; WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission on December 10, 1998 and by the Fountain Hills Town Council on December 17, 1998. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA AS FOLLOWS: Section 1. Pursuant to Chapter 2, Section 2.01 of The Zoning Ordinance for the Town of Fountain Hills, Chapter 18 of The Zoning Ordinance for the Town of Fountain Hills shall be added as follows: L 'ASS/FAIL I -i ? 'd k MOTION _. ►�'� c- SECOND k fl COUNT -C �. CHAPTER 18 TOWN CENTER COMMERCIAL ZONING DISTRICT 18.01 Purpose. Town Center Commercial Zoning District. The principal purpose of this zoning district is to provide for a variety of pedestrian-oriented retail, office, lodging, residential and civic land uses in the Town Center area. The intent of the district is to encourage the development and sustainability of a vibrant mixed-use area where residents and visitors can live, work, shop, dine, be entertained, enjoy community and cultural events and contribute to the economic viability of the Town Center area and the Town as a whole. 18.02 Intent. The Town Center Commercial Zoning District designation should be applied to land that meets the following primary characteristics: A. Such a designation is appropriate in the Town Center area of the Town where commercial, lodging, residential and civic activities are desirable for the benefit of the residents thereof and the Town in general. B. Application of this district would be appropriate where its permitted uses and performance standards serve to widen the Town's economic base and further the development of the Town Center area as envisioned by the Council. C. All new construction within the Town Center Zoning District shall conform to the General Provisions as specified in Chapter 5 and any other relevant regulations of this Zoning Ordinance unless noted in this Chapter, in which case the regulations in this Chapter shall prevail. 18.03 Permitted Uses. A. Any Uses Permitted in the C-O Zoning District. B. Any of the Following Commercial Uses: 1. Amusement arcades enclosed within a building. 2. Bakeries. 3. Banks. 4. Bars—On premise consumption only. No adult entertainment. 5. Barbershops. L Chapter 18-Town Center Commercial Zoning District Page 18-2 6. Bookstores, other than adult bookstores. 7. Blueprint,photostatic and reproduction (copy) services. 8. Catering establishments not utilizing any manufacturing process or outside storage of materials or vehicles. 9. Child care centers. 10. Conservatories or studios: Visual arts, dancing or music. Includes the creation, display and sale. 11. Dry-cleaners. 12. Dry-goods and notions. 13. Florists (retail). 14. Food Stores. 15. Furniture stores: New,used,finished or unfinished;No manufacturing. 16. Health spas and public gyms. 17. Hotels and Motels. 18. Gift Shops. 19. Insurance agencies. 20. Laboratories,medical or dental. 21. Metal and ornamental iron shops. Any production/storage areas shall be enclosed within a building. 22. Outdoor seating areas for restaurants, delicatessens, cafes or bars with or without alcoholic beverage service, subject to the regulations of this Chapter. 23. Parking lots and public garages, subject to parking standards in Chapter 7. 24. Pharmacies. 25. Photo shops. 26. Photo studios. 27. Printing, lithography and publishing establishments. 28. Private schools for academic instruction. 29. Private schools for vocational education. 30. Radio and television broadcasting stations and studios, but not including transmitter towers and stations. 31. Restaurants, delicatessens and cafes (including the sale of alcoholic beverages-On premise consumption only). 32. Retail stores. 33. Theaters, but not including a drive-in theater or adult oriented facilities as defined under Chapter 1, Section 1.12 of this Ordinance. 34. Variety stores. 35. Wearing apparel stores. 36. Accessory buildings and uses customarily incidental to the above. C. The following public and quasi-public uses 1. Open space malls and pedestrian corridors. L Chapter 18-Town Center Commercial Zoning District Page 18-3 2. Churches 3. Libraries, museums, parks,playgrounds, and community buildings. 4. Publicly or privately owned or operated fire stations, and publicly owned or operated police stations and post offices 5. Utility Services, but not including offices, waste water treatment plants, generating plants, and wireless communication towers and antennas, unless otherwise specifically permitted elsewhere in the ordinance. 6. Accessory buildings and uses customarily incidental to the above. Because no list of uses can be complete, the Community Development Director will render decisions on additional uses with appeal to the Town Council. 18.04 Uses Subject to Temporary Use Permits. A. Pushcarts 18.05 Uses Subject to Special Use Permits. A. Liquor stores. B. Group Homes for Handicapped and Elderly People, Nursing Homes, Homes for the Aged, Convalescent Homes, and Assisted Care Facilities. C. Multi-family residential dwellings. Residential developments shall conform to "M- 3" Zoning District regulations unless those regulations differ from the regulations contained in this Chapter, in which case the regulations of this Chapter shall control. D. Operation of commercial or professional activities between eleven p.m. and seven a.m. E. Time Share Resorts. F. Shared Parking Agreements. G. Drive-in window facilities for banks and dry cleaners only. 18.06 Prohibited Uses: A. Amusement parks, arcades, drive-in or outdoor theaters, miniature golf courses, and golf driving ranges. B. Automobile laundries,car washes or automobile detailing businesses. C. Automobile repair shops and garages. D. Automotive fuel dispensing stations or gasoline sales. E. Cemeteries,pet cemeteries, or mausoleums. F. Drive-in restaurants and refreshment stands. G. Drive-in window facilities. H. Appliance sales, repair and service. Lie Chapter 18-Town Center Commercial Zoning District Page 18-4 • L,. I. Golf Courses as a primary use, including clubhouses located thereon, including miniature courses or practice driving ranges operated for commercial purposes. J. Hardware stores. K. Kennels, indoor or outdoor. L. Laundries, self-serve or coin operated. M. Mortuaries. N. Outside storage of any kind. O. Plumbing shops. P. Pool halls or billiard centers. Q. Public schools. R. Sports arenas. S. Trade schools. T. Upholstery shops. U. Veterinary hospitals and clinics for animals. 18.07 Additional Regulations. A. Any outdoor lighting shall be in conformance with the provisions in Chapter 8. All outside lighting shall not exceed twenty (20) feet in height and shall be fully shielded and directed away from residential or time-share uses in the vicinity of the site. B. Any recorded or live music or sound that is electronically amplified shall only be permitted at establishments with outdoor patios and shall not be audible at a distance of more than 100 feet from the business premises from which it originates. C. If a business expands, it shall, in addition to the parking spaces in existence prior to such expansion,be required to provide only the number of additional parking spaces necessitated by the expansion. D. All building permits for new construction shall include completion of all right-of- way improvements required for that type of development by the subdivision ordinance. E. Prior to the approval of any sign permit, a comprehensive sign plan for the Town Center Area shall be submitted and approved by the Town Council. All signage shall conform to that Plan. F. Site plans shall be designed in such manner that they minimize the vehicular traffic impact on local residential streets. Extraordinary pedestrian circulation routes shall be developed internally and externally to provide pedestrian access to adjacent commercial,residential and institutional uses. L Chapter 18-Town Center Commercial Zoning District Page 18-5 L G. Buildings and their appurtenances shall be oriented to limit conflicts with surrounding residential uses due to noise, light, litter, or dust. H. When a non-residential use abuts a residential or time-share use, a thirty (30) foot landscaped buffer shall be provided on the residential or time-share site for the full distance where the two properties abut. Dedicated pedestrian walkways or malls that are at least thirty(30) feet wide may serve as this buffer. I. Mechanical equipment must be located or screened to limit sound transfer to nearby residential or time-share property. J. Noise producing mechanical equipment must be located at least twenty (20) feet from any common property line with a residential or time-share use. K. Fences and/or extraordinary landscaping shall be developed and maintained along the property lines of residential or time-share uses to prevent the intrusion of unwanted light, dust or blowing debris. L. Any fences or walls abutting any dedicated open area mall or pedestrian access parcel shall be limited to 3.5 feet in height. Except within required front or street side-yard setbacks, wrought iron vertical extensions may be placed on top of these low walls to a maximum height of five (5) feet. M. Prior to the issuance of any building permit, a Master Landscaping and Lighting Plan shall be submitted and administratively approved by the Town for the Town Center Area. Prior to the issuance of any building permit, a landscape and lighting plan, prepared and stamped by an Arizona-registered landscape architect, shall be submitted and approved as a part of the building permit application. Individual landscape and lighting plans shall be in conformance with the Master Landscape and Lighting Plan. N. Prior to the issuance of any building permit, a Master Design and Architectural Plan (MDAP) shall be submitted and approved by the Town Council for the Town Center Area. The MDAP shall consist of language, exhibits and colored typical elevations that will set forth the required architectural style or styles, colors and exterior materials available for use within the Zoning District. Prior to the issuance of any building permit, such plans shall be in conformance with the MDAP. O. Openings in buildings and activity centers on sites shall be located to minimize interference with abutting residential or time-share uses. L • Chapter 18-Town Center Commercial Zoning District Page 18-6 P. Drainage from buildings and parking lot areas shall be detained on-site and/or shall be directed only into a drainage system approved by the Town Engineer. Q. Loading and delivery entrances shall be located away from the interface with abutting residential or time share uses and abutting open space malls or dedicated pedestrian access parcels. R. All business activity (except required on-site parking, loading and unloading areas) shall be within a completely enclosed building, unless otherwise specifically noted herein. S. All mechanical equipment must be screened from public view and view of adjoining properties. 18.08 General Provisions. The General Provisions in Chapter 5 shall apply, except where provided for in this Chapter. 18.09 Signs. The regulations in Chapter 6 shall apply,except where provided for in this Chapter. 18.10 Parking and Loading. The parking and loading regulations in Chapter 7 shall apply, except where provided for in this Chapter. cov 18.11 Outdoor Lighting. The provisions of Chapter 8 shall apply, except where provided for in this Chapter. 18.12 Plan Review. The provisions of Chapter 2, Section 2.04 shall apply. 18.13 Density, Area, Building and Yard Regulations: The chart which follows specifies the minimum lot sizes, minimum lot widths, maximum building heights, minimum yard setbacks and maximum lot coverage percentages, and the minimum distance between buildings. Chapter 18-Town Center Commercial Zoning District Page 18-7 F ° >- U] ri Y < W WO _ W W W F O a i- Z 0 Q 0 8 w F w a F O < V - s W .. ° m Z O F Z F Z F FFr- F wt0 2Za00 ° ri U W v� � 4Z < w = `nOp Oottn K .d Q W R K ° t R 0. < Q w z < Q > m Q v) go go 22a °' c4w w = < < a ¢ s a -' paa '-' Q22 = > m ° 33 Wv, z2 - F=- a m2 /w = , wO dwvo: m > x u W QaZQo00W � a � aWto ° ¢ F 0 a Oow. .W� OC ZOO rnUwci m s F W Oa ¢ ¢ , - - max °' U O wtassa ¢ xv w3 ° wa 0; W w ` c7 � Uz S UE. F- a � O c F- � aa . 0 0m ° F �ja z 8 0 U w ° pQxa U � m JF0- 0 � a. a .w. zmuzUU1 m ,j a0°[- m o 0 z ¢ ° _W m p a .480aav � a oz ., „,a ^ w Ew-. E.U a ON Z u.1 p ° z a F Z 2 a S N < a U wQz ° z ¢ = 0 .. 0C Q LL C wF 0.' Za }, W `n o' ,NzwC7 > Cg F N W ¢ pcnw O [i-� U � Q � z 0.' W 00 i C/j ° Z ° U aFw0 ° > 00 QA U WF3 F- wa ' W ° p � 08 a < w � ocWg 8 > a AQFwm ° p. a t ,4 1-• W C ti Kg, ..aj u. oa [a- '< wgQ v> > 1 p, aCAU `4 v C QZw ¢ Ww - tLIW c4vw33 0 . w x W a v] N QOa3Fm- m Zrnw p¢, Zo W w -a W U W Q alaN3oz � o � K- S4 ° Z [9 F)i Qz0 wWCI Ww w ° F >^ E.r to w F rr [I Z7 = - UOZ W Fa Za6 = < = 0 A mu cL s E_ ZX � UZ ZOU w = [- c,.. - a Q - F W gM v. C 3 °w 0 p wF a m0 3z < 0. CZW 8 ¢ 0OW0 fs" C7 F' o . B - F a m > owO = > � C7a a - W � aZm0W .wo WS -`'' F , x o , >- zU C � O: xWwa Q � Z .J00 � .a ¢ a N Z c °xr ¢ � a = Za2 � waaoa mx o umwaZ2 w � W OUW .`.laa 0q O ww Fs- � 3 � �m�... i = ,, t ZQ O 46 F. gmwu /4 nw a � OQv¢iz ° C7 0 w swg ax F .r 0z -, w >a.. wz = wtw wa ° 0 = u aQ s - QvW aF � ¢ v ago a > aF0. m ; A aa � E 8 v, ezE_ E- w mc4 �- xc4uz0u wQ = ono r W o: > ww -1 u`� a - C E- ° 0. rj E- - ,4 W ,Q O Z - 0- z C aD _v . wvSw xs ° " Za d,,, 00 O Owt°itW O = Qp � C� a8 � p wFs mW 71 X aZSF- UY `.73 00.. . Z ? ° Z " 0w Q AW Z 'U 0Z z � 0 = z2 OFF oz om 0 °v�� F- 5 ° aL) ° x ¢ 'S °ynsaw08 a ? ao E w g m i , m W 2 m u`1. O Z W >.. P- O `� � = wa WZa ; W .'" = a = QOw < 0 U [w ¢ ¢ F - .aa aoa ,� Q < 33F0 � s � �- L. ¢ w oaoUc, [2 = z � ga^00U UZ Urc,, c < di z Zxawwv zwa � 6 4 .aOw Z . 8w °� amac � z asow aaow ,. wa 8w m ., w 3 w �-= F W Q < m - . > Z z Z F E-. < . ugwm O , a2 � � ° � wc4 pz O > O C> W wmi'- w >- W = CF W a (WjwE- a F" pW go otS U 3r � � 33 3a0c 3 > Umea Fs- m Fs- _ `n U i r o E' tz, u 73 4) U L PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 10th day of December, 1998. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: if, / 44 al./ (4A44-4--='N46 ) ,,A., p.L � Sharon Morgan,Mayor Cassie B. Hansen, Town Clerk REVIEWED BY: APPROVED AS TO FORM: ij-'; (/LP ,LO Paul L. ordin,Town Manager William E. Farrell, Town Attorney L TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner DATE: December 11, 1998 SUBJECT: Z98-19; Consideration of a rezoning application to rezone Lots 1 A-1 D, Block 3, Final Plat 422 from "R-3" Multi-Family Residential Zoning District to "R-2" Multi-Family Residential Zoning District. The applicant has received building permits and is under construction on single family residences located on lots 1 A, 1 B and 1 C under the old zoning requirements of "R-3" Multi-Family/High Density zoning district, and has applied for a permit to build a single family residence on lot 1 D. Due to the restrictive setbacks of the recently adopted "R-3" Multi-Family Zoning District, lot 1 D will require a change in setbacks to the "R-2" Multi- Family Zoning District to provide a buildable area for the applicants product. Please refer to the attached Planning and Zoning Commission & Staff report for additional details regarding this request. TOWN OF FOUNTAIN HILLS PLANNING & ZONING COMMISSION AND STAFF REPORT December 17, 1998 CASE NO.: Z98-19 LOCATION: Northeast corner of Kingstree Blvd. and Indigo Dr. REQUEST: Consideration of a rezoning application to rezone Lots 1A-1D, Block 3, Final Plat 422 from "R-3" Multi-Family Residential/High Density Zoning District to "R-2" Multi-Family Residential/Medium Density Zoning District. DESCRIPTION: OWNER: Puckett Development, Inc. APPLICANT: Don Puckett,President EXISTING ZONING: "R-3" PROPOSED ZONING: "R-2" PARCEL SIZE: 1.13 Acres SURROUNDING LAND USES AND ZONING: NORTH: Single-Family,zoned "R1-18". SOUTH: Multi-Family, zoned "R-3". EAST: Single-Family,zoned "R 1-35" WEST: Kingstree Villas; Multi-Family; zoned "R-3". SUMMARY: This request by Puckett Development, Inc. is to rezone Lots 1A-1D, Block 3, Final Plat 422 from "R-3" Multi-Family Residential/High Density zoning to "R-2" Multi-Family Residential/Medium Density zoning, which is located at the northeast corner of Kingstree Blvd. and Indigo Dr.. The applicant has received building permits and is under construction on single family residences located on lots 1A, 1B and 1C under the old zoning requirements of "R-3" Multi-Family/High Density district, and has applied for a permit to build on lot 1D. Due to the restrictive setbacks of the current "R-3" Multi-Family/High Density zoning district, lot 1D will require a change in setbacks to zoning district "R-2" Multi-Family/Medium Density to provide a buildable area for the applicants single family detached product. The following staff report will review several aspects of the rezoning request, including the following: 1. A review of the applicable Principles and Guidelines contained within the General Plan, and the development's conformance with those Principles and Guidelines. 2. The rezoning location, compatibility and its conformance with the Zoning Ordinance. Planning&Zoning Commission and Staff Report Plat 422,Block 3 Rezone: Z98-19 December 17, 1998 Page 2 Conformance with General Plan: The adopted General Plan Land Use Map designates this site for "Multi-Family Medium" land uses, which is designated to include areas where higher density attached residential uses, such as duplexes and townhouses, are desirable and urban services are available. The General Plan Land Use Element presents Planning Recommendations for general areas, including: Land Use Principles, Land Use Definitions, and Land Use Guidelines. Staff has identified several recommendations within these general areas which should be reviewed in order to determine the proposed rezoning application's conformance with the General Plan. Land Use Element Land Use Principles Locate medium or high-density, multi-family residential land uses in infill areas that have existing or planned infrastructure; direct proximity to shopping facilities, recreation, and community services; and proximity to collector or arterial roadways. Encourage higher density residential development as part of larger planned unit developments or within the Town Center area. Protect and preserve existing neighborhoods from incompatible adjacent land uses, inappropriate infill ...(page 4-20). This project is not part of a larger planned unit development nor is it in close proximity to the Town Center area. The subject property is located in a transition area between "R-3" Multi-Family High density and "R1-35" Single Family Low density. Per Land Use Principles, "R-2" Multi-Family Medium density would be a more appropriate transition than the current zone "R-3" Multi-Family High density. Land Use Definitions MULTI-FAMILY MEDIUM (4-8 DU/AC) The Multi-Family/Medium Density Residential category denotes areas where higher density attached residential uses, such as duplexes and townhouses, are desireable and urban services are available. Suitability for development, will be determined in part, based on transportation access (arterial roadway...), existing land use patterns and other public infrastructure capacity. Planning&Zoning Commission and Staff Report Plat 422,Block 3 Rezone: Z98-19 December 17, 1998 Page 3 MULTI-FAMILY HIGH(8-12 DU/AC) The Multi-Family/High Density Residential category denotes areas where higher density residential uses such as multi-story apartments and specialty residential are desirable and all urban services are available. Suitability for development, will be determined in part, based on transportation access (arterial or collector roadways and public transit routes), existing land use patterns and other public infrastructure capacity. Its use is very limited in the Town. Land Use Guidelines MULTI-FAMILY MEDIUM (4-8 DU/AC) Within any particular development, net densities greater than 8 DU/AC could be permitted in concentrated areas to direct development away from more environmentally sensitive portions of a total site but only if areas of lower densities offset the increase such that a gross density of no more than 8 DU/AC is maintained. Any increase in such density must be accompanied by enhanced site amenities and/or extra-ordinary dedications for open space ,,, preservation,parks or trails. Multi-Family/Medium Density Residential will be particularly encouraged for development in the Town Center area between existing developed residential and commercial areas. These transition zones between existing developed areas should be developed with exceptional design, enhanced site amenities, extraordinary landscape setbacks from collector roadway corridors and limited access to the arterial roadway corridor After staffs review of the proposed rezoning for this area, and the Principles and Guidelines contained in the General Plan, staff believes that the proposed rezoning is in conformance with the Fountain Hills General Plan and the requirements of the Zoning Ordinance for a"R-2"parcel. The surrounding development consists of single family residential on large "R1-35" lots to the south and east, single family"R1-18"lots to the north and multi-family"R-3" to the west. This site will make a nice transition between the "R-3" lots to the west and the R1-35 lots to the south and east, and "R1-18" to the north. Each lot included in this rezone meets the requirements for lot size and width for the "R-2"zoning district. Recommendation Based on the findings listed in this report and the existing surrounding development, Planning & Zoning Commission and staff recommends to the Town Council APPROVAL of the proposed r rezoning. Planning&Zoning Commission and Staff Report Plat 422,Block 3 Rezone: Z98-19 December 17, 1998 Page 4 Attachment: Location Map L `fir.. _1 r ( OA C/1m /NI . 'm > iArja r • - .0 nr_40# tall He R. .111 ' "ft"`""%•• w. A 1r OM ens \ 10NA . 4iH � ape 0 I,,, \ 1, 1 rh,,,WoOkst, t# 4 441 - oga ©©p pp , .... _...,t,...„.., , ,,,iiv, W ' 1 #444:11 v _ �sk* - , _ eo A . © . 0 / irw4 4' , 1011 ,& A 4.0 • g2 116* 50 400:0*-4sws- ' iir4.4\0110 #0104407 lot- L, 0, ii viii' 4 ' en N - a - r.i . I �:e4w �� pg: A& � c. 15 � 1 7�Q'� i 0 ' r'- IA . 0I 44* ` 4A**104313 Ns q.1 ; Mift. , NO ta4 0..Aw !R 414 " 4 411301 we r :r., ,,-", \ 4,.. . 4.-t:,, ,. , Lk* ..._:;Lig.f Apo 44 ,_,,7,.. „ tnitris3.#-4. A* 4,74, -t4 Irs .. - siairi40 oar*N, IIP oi ‘, /, .w4 -.wit 1 ‘141,. r __,=.2A0, 410, a W41147 0 IgiL-11144101131111.11a i , G, . / r. 1 -Aft iii* A* Air. - imsli /..,/. . TOWN OF FOUNTAIN HILLS V.— / COMMUNITY DEVELOPMENT DEPARTMENT Date Filed Fee Paid �, Accepted By ll - { r - 9�' `f � )��� Location of Subject Pr e // 07s N r� Legal Description: Plat Block Lot(s) 3 14 [ Appjant/O ner , / Day Phone 6✓ 6o,Z- 92 V-Z'// Address 34 ,2/ a_c- ST city zlps2/ Current Zoning Proposed Zoning General Plan Land Use Classification Proposed Land Uses Acres Units Gross Density Single Family Multi-Family Commercial Industrial Lodging Other 1. Describe the current water service serving the area. 2. Describe water service infrastructure improvements needed to serve the area. 3. Describe current sewer system serving the area. 4. Describe the sewer system improvements needed to serve the area. N �-- 5. Describe the existing street system that would provide vehicular access to the area. 6. Describe any new streets needed or anticipated in the area or as a result of the proposed rezoning. TFH Case Number (Attach additional sheets if necessary) Page 1 of 2 TOWN OF FOUNTAIN HILLS REZONING APPLICATION (Page 2 of 2) Signature of Owner Date If application is being filed by an agent of the owner please complete the following: (Please print) 1, , hereby authorize , as my agent to file this application. Subscribed and sworn before me this day of , 19 My Commission Expires Notary Public (Stamp) Please provide the following (attach additional sheets): 1. Two (2) complete sets of mailing labels with names and addresses of all property owners within 300 hundred feet of the external boundaries of the subject property. If necessary, additional sets of mailing labels may be requested by the Town of Fountain Hills. Lao 2. 3 full size prints (preferably 24" X 36") of the site and surrounding 300 feet showing the existing zoning and land uses. 3. Existing site plan with topography with one to five foot contours as determined by the Town of Fountain Hills. 4. Proposed development plan showing topography, existing and prosed drainage systems, streets, preliminary lot lines, land preservation areas, open spaces, land uses, and other information as required in Section 2.01.E of the Zoning Ordinance for the Town of Fountain Hills and/or requested by the Town of Fountain Hills. 5. If a Planned Unit Development ("PUD") is being requested, provide a narrative describing which of the three minimum criteria is being met as described in Section 2.05.0 of the Zoning Ordinance for the Town of Fountain Hills. 6. 1 8.5" X 11" photostatic reduction of each of the above referenced exhibits. 7. Title report verifying the applicant as property owner. Rezoning Fee: $450 Ih_s $5 for every mailing label submitted p $25 (per sign required by Town) refundable deposit for on-site posting of Public Notice(s). PUD Fee: $750 plus $5 for every mailing label submitted plus 40110., $25 (per sign required by Town) refundable deposit for on-site posting of Public Notice(s) TFH Case N mber 2 - i9 NOTICE TO PROPERTY OWNER OF APPEAL RIGHTS UNDER A.R.S. § 9-500.12. A.R.S. § 9-500.12.A. requires you, as a property owner, to be notified that if you have requested from the Town of Fountain Hills approval for the use, improvement or development of real property and an official or an administrative agency of the Town has made a final determination that as a condition of your approval, you must either make a dedication or an exaction and you wish to appeal the required dedication or an exaction, there is a process in place for that appeal. The Town of Fountain Hills has retained Mr. Richard W. Garrett, 7272 East Indian School Road, Suite 109, Scottsdale, Arizona 85251, to serve as a hearing officer pursuant to A.R.S. § 9-500.12.A. This right of appeal of a dedication or exaction required does not apply to those dedications or exaction required in a legislative act of the town Council that does not give discretion to an administrative agency or an official to determine the nature or extent of the dedication or exaction. Loy The appeal must be in writing and signed by the property owner and should be mailed or filed with the hearing officer within thirty days after the final determination is made. There is no charge for filing the appeal. The hearing officer shall schedule a time for a hearing no later than thirty days after the receipt of the appeal. You as a property owner will be given at least ten days notice of the time for the hearing of the appeal and only you may agree to a shorter time period. At the hearing, the Town of Fountain Hills will have the burden to establish that there is an essential nexus between the dedication or exaction asked of you and a legitimate governmental interest. The Town will further have the burden to show that the proposed dedication or exaction is roughly proportional to the impact of the proposed use, improvement or development of your parcel or parcels of land. The hearing officer shall decide the appeal within five working days after your appeal is heard. If the hearing officer either modifies or affirms the requirement of the ,,,, dedication or exaction and you as the property owner are aggrieved by the decision, you may file, within thirty days after the hearing officer has rendered a decision, a complaint for a trail de novo in Superior Court on the facts and law regarding the issue of the condition or requirement of the dedication or exaction. At the Superior Court, the Judge has the authority to award reasonable attorney fees incurred in the appeal and the trial to the prevailing party. The court may also award damages as are deemed appropriate to the land owner to compensate for direct and actual delay damages but only upon a finding that the Town of Fountain Hills acted in bad faith in requiring the dedications or exactions. A.R.S. § 9-500.12. contains legal rights that are for the benefit of property owners and this sheet should not be relied upon as anything more than a notice that Statute exists and that you, as a property owner, have rights. For a further and detailed explanation of your rights, you should contact your own attorney. The Town Staff has been specifically directed not to answer any questions regarding the appeal process or the trial in Superior Court. You may, however, obtain at no charge a copy of any of the written material necessary for you to pursue your rights under this Statute including, but not limited to, a copy of all Staff reports concerning your property and minutes of any meeting of the Board of Adjustment, the Planning and Zoning Commission or the Mayor and Council concerning your property. I, as the property owner, certify that I have received a copy of the above and understand my rights. Property Owner 7v-Gliat H c_ Printed Name Signature TOWN OF FOUNTAIN HILLS PLANNING AND ZONING COMMISSION REPORT DECEMBER 17, 1998 CASE NO.: S98-025 LOCATION: North of Tombstone Drive in the vicinity of Saguaro Blvd and Powderhorn Drive,located within the Fire Rock Country Club Area Specific Plan. REQUEST: Consideration of the Preliminary Plat of FireRock Country Club Parcel "F' Subdivision, which is a 10.82 acre, 9 lot, 1 tract subdivision. DESCRIPTION: OWNER: Fire Rock L.L.C. APPLICANT: Dan Kelly for Fire Rock L.L.C. EXISTING ZONING: "R1-35 P.U.D." PARCEL SIZE: 10.82 Acres PROPOSED NUMBER OF LOTS: 9 lots, 1 tract SURROUNDING LAND USES AND ZONING: Lir NORTH: Vacant, zoned "OSR P.U.D." (F.C.C.A.S.P.) SOUTH: Undeveloped single family lots; zoned "R1-43" and "R1-35 R.U.P.D." EAST: Vacant,zoned "OSR P.U.D." (F.C.C.A.S.P.) WEST: Vacant,zoned "OSR P.U.D." and "R1-35 P.U.D." (F.C.C.A.S.P.) SUMMARY: This request by FireRock L.L.C. is for approval of the Preliminary Plat for the FireRock Country Club Parcel "F" Subdivision located north of Tombstone Drive in the vicinity of Saguaro Blvd and Powderhorn Drive located within the FireRock Country Club Area Specific Plan (F.C.C.A.S.P.). The following staff report will review several aspects of the project, including the following: 1. A review of the FireRock Country Club Area Specific Plan, and the development's conformance with this plan. 2. The subdivision's design and its conformance with the Subdivision Ordinance and the Zoning Ordinance. Conformance with Fire Rock Country Club Area Specific Plan: Low The adopted General Plan Land Use Map was amended by GPA 97-01; Fire Rock Country Club Area Specific Plan. This area was designated for "Single-Family/Low" density land uses, with a Planning &Zoning Commission Report; S98-025 FireRock Country Club Parcel "F' December 17, 1998 Page 2 unit range of 11-22 units and a proposed unit count of 9 units. Parcel "F"proposes 9 lots as per the adopted plan. After staffs review of the proposed Preliminary Plat Fire Rock Country Club Parcel "F' Subdivision, and the FireRock Country Club Area Specific Plan, staff believes that the proposed subdivision is in conformance with the FireRock Country Club Area Specific Plan and the adopted development agreements. Subdivision Design GENERAL DESCRIPTION: The topography of the property for Parcel "F" is relatively flat with some sloping hillside with areas of moderate to severe slopes, (exceeding 25%) which slope up only on lot s 7 & 8. The subdivision proposes no new streets. Lots 1 through 9 all utilize Tombstone Avenue or the tail end of Saguaro Blvd. for access. All of the lots in Parcel "F' will not be within the gated portion of FireRock. All of the lots meet the "R1-35 P.U.D." zoning district's lot dimension requirements, including those for size and lot width. GRADING: The proposed subdivision complies with the Land Disturbance Standards of the Supplemental Development Agreement for FireRock Country Club. The applicant is providing projected disturbance limits on a lot by lot basis. The Supplemental Development Agreement for FireRock Country Club allows the applicant to provide the required amount of non-disturbance required by the subdivision ordinance in any slope category. Therefore the applicant has conducted a hillside analysis by slope bands and has determined the amount of required preservation. This amount will be distributed on each lot on the Final Plat. The numbers provided by the applicant are their current projected allocations for the disturbance area's lot by lot. Current projections for disturbance in Parcel "F' are below the allowable disturbance limits. The on and off-site subdivision improvements will be shown on forthcoming improvement plans and their construction will be required to be assured prior to Final Plat recordation. ISSUES: The Subdivision Technical Review Committee met with the applicant to discuss the preliminary design of the subdivision on September 22, 1998. The applicant has made changes to the original subdivision design which was reviewed by the Committee. The Subdivision Technical Review Committee issues are as follows with the applicant's response following: Planning&Zoning Commission Report; S98-025 FireRock Country Club Parcel "F" December 17, 1998 Page 3 COMMUNITY DEVELOPMENT General Comments pertaining to all five submittals 1. Resubmit plan having a minimum scale of 1" =40' (Sec 203.A.1). Response:All plats have been completely redrafted at the requested scale, incorporating 2 foot topographic contour intervals. 2. Provide the name of the contact person for subdivider and engineer(Sec 203.C.2 & 3). Response: The contact for MCO Properties will be Dan Kelly and the contract for DEI, the project engineer, is Jonathon Stansel(954-0038). 3. Tie by course and distance two corners of the subdivision to separate section or quarter section corners on the plat map. Response: Please see the revised preliminary plats. 4. Show minimum setback lines on proposed lots (Sec 203.E.5). Response: Please see the revised preliminary plats. 5. Five (5) foot contours are not adequate for review. Show contours at two (2) foot contours (Sec 303.B.3.6). Proposed grading does not connect into existing contours and is not labeled (by interval or by elevation). Minimum interval is 2'. Without this required information the Town cannot adequately evaluate proposed cut and fill areas. Response: We have had all of the plats redrafted at 40 scale with two foot contour intervals. 6. H.P.E.'s are required on each lot at this time (Sec 203.D.9). H.P.E.'s are also required by the Fire Rock Country Club Area Specific Plan Section 4.2. Development standards subsections 5 &7 which read as follows: 5) All subsequent plat maps for residential development will be accompanied by the granting of perpetual Hillside Protection Easement (HPE) to the Town for the purpose of defining and preserving all land intended to be natural and undisturbed. 7) No construction will be allowed outside the Development Envelope unless approved by Planning&Zoning Commission Report; S98-025 Nkiw FireRock Country Club Parcel "F' ' December 17, 1998 Page 4 the FRCCCA-COA, and only if the area is not covered by an HPE. Response: We believe that the issue of the timing of the recordation of the Hillside Protection Easements has been clarified by the recent Town Council approval of the FireRock Supplemental Development Agreement. 7. The Town is in possession of the amount of transferable hillside disturbance eligible from the 386 acres in each of the four slope categories as agreed to in the Development Agreement. The Town will track on a project-by-project basis these amounts of internal and external hillside disturbance transfers. It is the responsibility of the developer to leave adequate amounts of allowable hillside disturbance for later subdivisions to allow for their developability. Response: None required. . (Note: Staff and the applicant have arrived at a method of tracking Hillside Disturbance which meets the requirements of the Supplemental Development Agreement) 8. Show locations of sidewalks on plat per section 306.C. tiftw Response: We apologize for not disclosing the sidewalk locations on the initial submittal and will do so in accordance with the Subdivision Ordinance requirements and ASP provisions. 9. Cut/Fill slopes extend 105 feet into lots in some places. No cut/fill waivers were approved for parcel roads. Response: We understand that while cut/fill waivers were approved for the backbone roadway system as a part of the Area Specific Plan approval, cut/fill waivers for individual plats will be reviewed on a case by case basis. . (Note: Revised plans show much less sever amounts of grading and utilize retaining walls in some cases) 10. Section 503 (D) of The Subdivision Ordinance for the Town of Fountain Hills states: Limitations on Cut and Fill.The height of any fill or the depth of any cut area, including grading for the construction of public or private streets, as measured from natural grade, shall not be greater than ten feet regardless of whether the fill or cut is retained,unretained, or a combination thereof... These limitations may be waived by the Town Council. Prior to Town Council approval of the preliminary plat revise the preliminary grading plans to show conformance with this regulation or gain Town Council approval of a waiver or Planning&Zoning Commission Report; S98-025 FireRock Country Club Parcel "F' December 17, 1998 Page 5 waivers for those cut and/or fills exceeding ten feet. Identify all areas where cut/fill grading in excess of 10 feet is proposed. Response: Please see our response to item 9. above. (Note: There are no areas of greater than 10 feet of cut or fill in Parcel"F") 11. Sections 503 (C), (E) and (F) of The Subdivision Ordinance for the Town of Fountain Hills state: C. Height of Unretained Cut or Fill. If the natural grade or the subdivision finished grade if the property was subdivided or re-subdivided after September 20, 1991, is less than a 10 percent gradient, the maximum amount of unretained fill or cut shall be four feet above/below the natural grade, or subdivision grade. Where the natural grade or the subdivision finished grade if the property was subdivided or re-subdivided after September 20, 1991 has a gradient of 10 percent or more, the maximum amount of unretained fill or cut shall be six feet above/below the natural grade or subdivision finished grade. Any fill or cut grading in excess of these amounts must be contained by retaining walls. E. Maximum Slope of Fill Grading. Any unretained fill slope, if allowed, shall have a maximum three foot horizontal to every one foot vertical fill. The maximum slope of fill for roadway construction shall be at the discretion of the Town Engineer. F. Maximum Slope of Cut Grading. Maximum steepness of exposed cut slopes is dependant on the stability of the material excavated, and shall be prescribed by the Town Engineer. However, exposed cut slopes adjacent to side and rear property lines may be no steeper than three feet horizontal to every one foot vertical. The proposed roadway grading plans are inconsistent with Sections 503 (C), (E) and (F). Revise your roadway grading plans to be in conformance with these regulations. Response: It has never been our understanding that roadway cuts and fills were subject to the provisions of Section 503 (C), however, we fully intend to work with Town staff to properly mitigate the impact of all cut and fill slopes. We will also continue to cooperate with the Town engineer in determining the appropriate slopes for all cuts and fills. (Note: Revised plans show much less sever amounts of grading and utilize retaining walls in some cases) 12. Remove Zoning information not pertaining to "R1-35H" from plat. The approved PUD permits only as many as two (2) flag lots together. Revise plans to comply with Planning&Zoning Commission Report; S98-025 FireRock Country Club Parcel "F' ' December 17, 1998 Page 6 Ordinance 97-46. Response: Please see the revised narrative on the preliminary plats. 13. Provide street names for new roads. Response: MCO is currently engaged in developing a community theme and would like to complete this process before naming the individual streets. 14. Corner lots require a no-build easement or comparable easement (Sec 308.F) along street side yards if a non-buildable parcel, easement or additional right-of-way equal to the street side setback of the zoning district or twenty (20) feet, whichever is greater. Provide these easements or parcels of land as required in Sec 303.B.6. Response: The exhibit referenced in the Subdivision Ordinance Section 303.B.6. indicates the this provision applies to side street or rear yards adjacent to Major Collector or Arterial streets. Since we have neither street section within FireRock, I don't understand how this would apply to the subject plats. (Note: Revised plans have the required N.B.E. no build easements) 15. All subdivisions will be replats of the Fire Rock Country Club Master Plat. Reflect this in the subdivision titles. Response:Agreed. 16. Submit documentation (in the form of concept site plans and conceptual Hillside Protection Easement locations) that all proposed lots are buildable without the need of future variances. Show that a single family house can be developed on each of these lots, Parcel G lots 2, 4-7, 10 & 17, Parcel H1 lots 2, 3, & 7, Parcel H2 lots 14, 20 & 21, without a cut/fill waiver, with a driveway not exceeding 18% slope, within the setbacks, and in conformance with Section 504 of The Subdivision Ordinance for the Town of Fountain Hills. Response: We feel that this requirement is difficult to address since we will not be building the individual homes, but we will attempt to provide you with typical designs which will address your concerns. (Note: staff is working with the applicant to obtain examples of development which would not require waivers or variances.) 17. Submit a landscape plan with the improvement plans. Landscape areas should include the unlotted frontages, cul-de-sac bulb ends, median islands, and the downhill face of retaining walls (outside of the lots). All other disturbed areas shall be revegetated. Indicate that these areas will be maintained by a homeowners' association. Planning &Zoning Commission Report; S98-025 FireRock Country Club Parcel "F" December 17, 1998 Page 7 Response: We will supply landscape plans and ownership information with the final plat and improvement plans. 18. Add a VVNAE along all unlotted street frontages. Response:Agreed. 19. Slope analysis by slope category must include the entire lot area, not just the proposed development envelope. Response: With the procedure for administering the conformance to the Hillside disturbance provisions which was approved in the Supplemental Development Agreement, this requirement seems unnecessary. (Note: Staff and the applicant have arrived at a method of tracking Hillside Disturbance which meets the requirements of the Supplemental Development Agreement) Parcel "F" (1160, 20. What is Tract "D"? How will it impact lot 6? Response: Tract D is revised per our discussion.(Note: An H.P.E. on Tract "D" is recommended) 21. Dimension street frontage along lots 6-9. Response: Dimensions added. Fountain Hills Fire District: Parcel F Flag lots 7 & 8 may require underground horizontal (dry) standpipes with F.D.C. Fountain Hills Engineering Department: General Comments: • Provide soils report with final plat submittal. Response:Agreed. Planning&Zoning Commission Report; S98-025 FireRock Country Club Parcel "F' ' December 17, 1998 Page 8 • Submit survey closures for legal description. Response:Agreed. • Tombstone Avenue: Is this supposed to be a hillside local as shown or a minor collector street (a 6' meandering sidewalk along the north side of the street. Any new pavement to be 3" ACon6" AB)? Response: Tombstone Drive and Fire Mountain Road are Local Roads. Palisades is a Minor Collector. FireRock Drive is a Local Road between Tombstone and Fire Mountain and widens to a Minor Collector between Fire Mountain and Palisades and between Tombstone and Shea. Pavement section will be determined by the soils report and Engineering Department review. • Isn't the new Tombstone right-of-way being dedicated in the Master Plat? If so, don't include in this Plat. If not, full width dedication and construction must be done with the first adjoining plat. Response: The rights-of-way for Tombstone Drive, FireRock Drive, Fire mountain Road and Palisades Boulevard will be dedicated on the FireRock Master Plat. • Access to several lots will exceed the Town standard of 18% max driveway slope. Provide sufficient grading details to prove there is safe and compliant access to those lots, including lots 5-7 and 15-18 in Parcel G, Lots 7-10 in Parcel H 1, lots 19-22 in Parcel H2, all lots in J 1 except maybe lots 10-15 and 5. Response: Please see our response to Community Development item 16. above. • Explain slope treatment alternatives referenced. Response: We assume that slope treatments will be determined individually based on circumstances present at each location. • Show street names on index map. Response: MCO is currently engaged in developing a community theme and would like to complete this process before naming the individual streets. • Require a note allowing surface drainage to flow lot to lot. Planning&Zoning Commission Report; S98-025 FireRock Country Club Parcel "F' December 17, 1998 Page 9 Response:Added. • Show all easements (Public Utility (PUE); Drainage (DE); Sidewalk (SWE, etc). Response:Agreed. • Provide a legend. Response:Agreed. • Plat bearings and distances are to match legal descriptions. Response:Agreed. • Label existing and proposed services (sewer, water, fire hydrants, etc) and show sidewalk and pedestrian ramp locations. Response:Agreed. • Provide three (3) valves at all water main tees and four (4) valves at all crosses. Response:Agreed. Specific Comments - Parcel F • Show cross section for cul-de-sac with median (extension of Saguaro Blvd). Response: Typical road sections have been amended to address this request. • Provide pressure reducing valve (PRV) near Lot 1 and use 8" water main size for new line. Response:Agreed. • Provide a 5' meandering sidewalk along the existing Tombstone Avenue frontage. Response: Please see revised preliminary plat. • Slurry seal Tombstone due to number of utility cuts anticipated. Response:Agreed, provided actual field inspection verifies necessity. Planning&Zoning Commission Report; S98-025 FireRock Country Club Parcel "F" December 17, 1998 Page 10 • Disconnect existing utility services not needed along Tombstone. Response:Agreed. • Paint existing utility boxes. Response:Agreed. • Does the cart path (flood access route to the maintenance yard) impact this plat? Response: The cart path is anticipated to traverse the northwest corner of this plat. • Lot 8 exceeds a 3:1 depth to width ratio. Revise. Response: This ordinance provision applies to "the usable area of the lot". In situations like FireRock, where development envelopes restrict use to only a small portion of the lots, the application of this ordinance section seems unnecessary. • Take the Logan Wash floodplain out of Lot 6. Put it into a tract or the golf course. Response: We really don't understand the reason to define floodplain limits by use of separate tracts as opposed to drainage easements and would like to discuss this issue in greater detail. Of all of these comments the few remaining issues to be resolved are as follows and are recommended as stipulations: 1. Place a H.P.E. on Tract "D" 2. Submit a landscape plan with the improvement plans. Landscape areas should include the unlotted frontages, cul-de-sac bulb ends, median islands, and the downhill face of retaining walls (outside of the lots). All other disturbed areas shall be revegetated. Indicate that these areas will be maintained by a homeowners' association. 3. Submit documentation (in the form of concept site) that all proposed lots are buildable without the need of future variances. Show that a single family house can be developed on proposed lots without a cut/fill waiver, with a driveway not exceeding 18% slope, within the setbacks, and in conformance with Section 504 of The Subdivision Ordinance for the Town of Fountain Hills L Planning&Zoning Commission Report; S98-025 FireRock Country Club Parcel "F" December 17, 1998 Page 11 The Engineering Department recommends the following stipulations: 1. Revise the road cross section to comply with the Town Engineer's slope design criteria. 2. Tombstone Avenue shall require a pavement slurry seal. 3. Provide an 8' public utility easement (PUE) along Tombstone Avenue; drainage (DE); and 10' sidewalk (SWE) easements where required by the Town. 4. Meander the 5' sidewalk within the right-of-way and the 10' sidewalk easement. 5. Provide an 8" minimum water main size within Tombstone Avenue, and northwest from the Saguaro Blvd extensions. 6. Remove the Logan Wash floodplain area out of Lot 6 and put it into the Tract "D" area. 7. Paint the existing utility boxes and disconnect the existing utility services not needed along Tombstone Avenue. Planning and Zoning Commission: The Planning and Zoning Commission reviewed this application at the December 10, 1998 Planning and Zoning Commission Meeting. Staff advised that they recommended approval of the application as stipulated and that the applicant was in agreement with the recommended stipulations. The Planning and Zoning Commission unanimously recommended approval of this preliminary plat with staff stipulations. Recommendation Based on the FireRock Country Club Area Specific Plan land use designation, the current zoning, and the proposed subdivision design, the Planning and Zoning Commission recommends that the Town Council approve the Preliminary Plat for the FireRock Country Club Parcel "F" subdivision, subject to the following stipulations: 1. Place a H.P.E. on Tract "D" 2. Submit a landscape plan with the improvement plans. Landscape areas should include the unlotted frontages, cul-de-sac bulb ends, median islands, and the downhill face of retaining walls (outside of the lots). All other disturbed areas shall be revegetated. Indicate that these areas will be maintained by a homeowners' association. 3. Submit documentation (in the form of concept site) that all proposed lots are buildable without the need of future variances. Show that a single family house can be developed on proposed lots without a cut/fill waiver, with a driveway not exceeding 18% slope, within the setbacks, and in conformance with Section 504 of The Subdivision Ordinance for the Town of Fountain Hills 4. Revise the road cross section to comply with the Town Engineer's slope design criteria. 5. Tombstone Avenue shall require a pavement slurry seal. 6. Provide an 8' public utility easement (PUE) along Tombstone Avenue; drainage (DE); and Planning&Zoning Commission Report; S98-025 FireRock Country Club Parcel "F" December 17, 1998 Page 12 10' sidewalk (SWE) easements where required by the Town. 7. Meander the 5' sidewalk within the right-of-way and the 10' sidewalk easement. 8. Provide an 8" minimum water main size within Tombstone Avenue, and northwest from the Saguaro Blvd extensions. 9. Remove the Logan Wash floodplain area out of Lot 6 and put it into the Tract"D" area. 10. Paint the existing utility boxes and disconnect the existing utility services not needed along Tombstone Avenue. L .� la_ 2 TOWN OF FOUNTAIN HILLS 1•4::: e COMMUNITY DEVELOPMENT DEPARTMENT - t , ,7 i„ Date Filed Fee Paid ©O Accepted ro, July 22 , 91998 ' O Plat Name/Number FireRock Country Club - Parcel F Parcel Size Number of Lots 11 .04 Acres 9 ` Number of Tracts Zoning None R1-35 PUD General Plan Land Use Designation SF/L 1-2 Density Requested(Dwelling Units Per Acre) . 82 dwelling units per acre Applicant Day Phone Mike Snodgrass 816-1416 Address City ST Zip 16838 East Palisades Boulevard Fountain Hills AZ 85268 Owner Day Phone MCO Properties , Inc. 837-9660 Address City ST Zip 16838 East Palisades Boulevard Fountain Hills AZ 85268 Attachments(Please list) Signature of Owner I HERBY AUTHORIZE (Please Print) Date Mike Snodgrass July 22, 1998 , G- TO FILE THIS APPLICATION. -rl Subs 'bed and sworn before me this_ da of u , 19.9,.$_. 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N '. \ ,.., ,.:..:.•i.:..:0•::•1::::::Kitiiii$:.' 4„....,-• \ tj i :•• • :::' ..:],%.'",'' I ' 1 I \\ ''..':: ::::::tiii?•••,.......:ij:•iil:iiiIiiii:::... 4 ---- ,\ ''.••• • .- ..... / fiii, \•- • .-..t . .7. ., N CI) ‘ -‘1..._...'";''';''''.'.11,':',..,..•,.: • i.• .,/,/ if /All ...r .9,•:::,ii::i:i:1/4 ri.• /ir , 1=7:1,./:\ A _ 110 TOWN OF FOUNTAIN HILLS (60 PLANNING AND ZONING COMMISSION REPORT DECEMBER 17, 1998 CASE NO.: S98-026 & CFW98-05 LOCATION: South of Tombstone Drive and west of Powderhorn Drive, located within the Fire Rock Country Club Area Specific Plan. REQUEST: Consideration of the Preliminary Plat of FireRock Country Club Parcel "G" Subdivision, which is a 22.53 acre, 19 lot, 2 tract subdivision and a Cut and Fill waiver for a 10.7 foot and a 11.4 foot cut. DESCRIPTION: OWNER: Fire Rock L.L.C. APPLICANT: Dan Kelly for Fire Rock L.L.C. EXISTING ZONING: "R1-35 P.U.D." PARCEL SIZE: 22.53 Acres PROPOSED NUMBER OF LOTS: 19 lots, 2 tracts SURROUNDING LAND USES AND ZONING: NORTH: Vacant, zoned "OSR P.U.D." & "R1-35 P.U.D." (F.C.C.A.S.P.) SOUTH: Vacant; zoned "OSR P.U.D." EAST: Undeveloped single family lots; zoned "R1-43" WEST: Vacant, zoned "OSR P.U.D." (F.C.C.A.S.P.) SUMMARY: This request by FireRock L.L.C. is for approval of the Preliminary Plat for the FireRock Country Club Parcel "G" Subdivision located south of Tombstone Drive and west of Powderhorn Drive located within the FireRock Country Club Area Specific Plan (F.C.C.A.S.P.). The following staff report will review several aspects of the project, including the following: 1. A review of the FireRock Country Club Area Specific Plan, and the development's conformance with this plan. 2. The subdivision's design and its conformance with the Subdivision Ordinance and the Zoning Ordinance. 3. The request for a Cut and Fill waiver for a 10.7 foot and a 11.4 foot cut. L Planning&Zoning Commission Report; S98-026&CFW98-05 FireRock Country Club Parcel"G" December 17, 1998 Page 2 Conformance with Fire Rock Country Club Area Specific Plan: The adopted General Plan Land Use Map was amended by GPA 97-01; Fire Rock Country Club Area Specific Plan. This area was designated for "Single-Family/Low" density land uses, with a unit range of 23-46 units and a proposed unit count of 18 units. Parcel "G" proposes 19 lots. Per the adopted development agreement the applicant may increase the unit count by ten (10%) or two lots whichever is greater. As the proposed preliminary plat proposes an increase of one unit from the adopted area specific plan the request is in conformance with the FireRock Country Club Area Specific Plan and the adopted development agreements. After staffs review of the proposed Preliminary Plat Fire Rock Country Club Parcel "G" Subdivision, and the FireRock Country Club Area Specific Plan, staff believes that the proposed subdivision is in conformance with the FireRock Country Club Area Specific Plan. Subdivision Design GENERAL DESCRIPTION: L The topography of the property for Parcel "G" is sloping hillside with areas of moderate to severe slopes, (exceeding 25%). The subdivision proposes two new cul-de-sac streets. Lots 1 through 13 will utilize a cul-de-sac off of the proposed Tombstone Avenue extension, located behind the gated access for the country club. Lots 14-16 will utilize the existing Powderhorn Drive and lots 17-19 will utilize a new cul-de-sac off of Powderhorn Drive. Lots 14-19 will be outside the gated portion of the country club. All of the lots meet the "R1-35 P.U.D." zoning district's lot dimension requirements, including those for size and lot width. GRADING: The proposed subdivision complies with the Land Disturbance Standards of the Supplemental Development Agreement for FireRock Country Club. The applicant is providing projected disturbance limits on a lot by lot basis. The Supplemental Development Agreement for FireRock Country Club allows the applicant to provide the required amount of non-disturbance required by the subdivision ordinance in any slope category. Therefore the applicant has conducted a hillside analysis by slope bands and has determined the amount of required preservation. This amount will be distributed on each lot on the Final Plat. The numbers provided by the applicant are their current projected allocations for the disturbance area's lot by lot. Current projections for disturbance in Parcel "G" are below the allowable disturbance limits. The on and off-site subdivision improvements will be shown on forthcoming improvement plans and their construction will be required to be assured prior to Final Plat recordation. Planning&Zoning Commission Report; S98-026 & CFW98-05 FireRock Country Club Parcel"G" December 17, 1998 Page 3 ISSUES: The Subdivision Technical Review Committee met with the applicant to discuss the preliminary design of the subdivision on September 22, 1998. The applicant has made changes to the original subdivision design which was reviewed by the Committee. The Subdivision Technical Review Committee issues are as follows with the applicant's response following: COMMUNITY DEVELOPMENT General Comments pertaining to all five submittals 1. Resubmit plan having a minimum scale of 1" =40' (Sec 203.A.1). Response:All plats have been completely redrafted at the requested scale, incorporating 2 foot topographic contour intervals. 2. Provide the name of the contact person for subdivider and engineer(Sec 203.C.2 & 3). Response: The contact for MCO Properties will be Dan Kelly and the contract for DEI, the project engineer, is Jonathon Stansel(954-0038). 3. Tie by course and distance two corners of the subdivision to separate section or quarter section corners on the plat map. Response: Please see the revised preliminary plats. 4. Show minimum setback lines on proposed lots (Sec 203.E.5). Response: Please see the revised preliminary plats. 5. Five (5) foot contours are not adequate for review. Show contours at two (2) foot contours (Sec 303.B.3.6). Proposed grading does not connect into existing contours and is not labeled (by interval or by elevation). Minimum interval is 2'. Without this required information the Town cannot adequately evaluate proposed cut and fill areas. Response: We have had all of the plats redrafted at 40 scale with two foot contour intervals. 6. H.P.E.'s are required on each lot at this time (Sec 203.D.9). H.P.E.'s are also required by the Fire Rock Country Club Area Specific Plan Section 4.2. Development standards Planning&Zoning Commission Report; S98-026 &CFW98-05 thw FireRock Country Club Parcel"G" December 17, 1998 Page 4 subsections 5 &7 which read as follows: 5) All subsequent plat maps for residential development will be accompanied by the granting of perpetual Hillside Protection Easement (HPE) to the Town for the purpose of defining and preserving all land intended to be natural and undisturbed. 7) No construction will be allowed outside the Development Envelope unless approved by the FRCCCA-COA, and only if the area is not covered by an HPE. Response: We believe that the issue of the timing of the recordation of the Hillside Protection Easements has been clarified by the recent Town Council approval of the FireRock Supplemental Development Agreement. 7. The Town is in possession of the amount of transferable hillside disturbance eligible from the 386 acres in each of the four slope categories as agreed to in the Development Agreement. The Town will track on a project-by-project basis these amounts of internal and external hillside disturbance transfers. It is the responsibility of the developer to leave adequate amounts of allowable hillside disturbance for later subdivisions to allow for their developability. Response: None required. . (Note: Staff and the applicant have arrived at a method of tracking Hillside Disturbance which meets the requirements of the Supplemental Development Agreement) 8. Show locations of sidewalks on plat per section 306.C. Response: We apologize for not disclosing the sidewalk locations on the initial submittal and will do so in accordance with the Subdivision Ordinance requirements and ASP provisions. 9. Cut/Fill slopes extend 105 feet into lots in some places. No cut/fill waivers were approved for parcel roads. Response: We understand that while cut/fill waivers were approved for the backbone roadway system as a part of the Area Specific Plan approval, cut/fill waivers for individual plats will be reviewed on a case by case basis. (Note:Revised plans show much less sever amounts of grading and utilize retaining walls in some cases) 10. Section 503 (D) of The Subdivision Ordinance for the Town of Fountain Hills states: Limitations on Cut and Fill.The height of any fill or the depth of any cut area, Planning&Zoning Commission Report; S98-026 &CFW98-05 FireRock Country Club Parcel"G" December 17, 1998 Page 5 including grading for the construction of public or private streets, as measured from natural grade, shall not be greater than ten feet regardless of whether the fill or cut is retained, unretained, or a combination thereof... These limitations may be waived by the Town Council. Prior to Town Council approval of the preliminary plat revise the preliminary grading plans to show conformance with this regulation or gain Town Council approval of a waiver or waivers for those cut and/or fills exceeding ten feet. Identify all areas where cut/fill grading in excess of 10 feet is proposed. Response: Please see our response to item 9. above. (Note: There are no areas of greater than 10 feet of cut or fill in Parcel"F") 11. Sections 503 (C), (E) and (F) of The Subdivision Ordinance for the Town of Fountain Hills state: C. Height of Unretained Cut or Fill. If the natural grade or the subdivision finished cry grade if the property was subdivided or re-subdivided after September 20, 1991, is less than a 10 percent gradient, the maximum amount of unretained fill or cut shall be four feet above/below the natural grade, or subdivision grade. Where the natural grade or the subdivision finished grade if the property was subdivided or re-subdivided after September 20, 1991 has a gradient of 10 percent or more, the maximum amount of unretained fill or cut shall be six feet above/below the natural grade or subdivision finished grade. Any fill or cut grading in excess of these amounts must be contained by retaining walls. E. Maximum Slope of Fill Grading. Any unretained fill slope, if allowed, shall have a maximum three foot horizontal to every one foot vertical fill. The maximum slope of fill for roadway construction shall be at the discretion of the Town Engineer. F. Maximum Slope of Cut Grading. Maximum steepness of exposed cut slopes is dependant on the stability of the material excavated, and shall be prescribed by the Town Engineer. However, exposed cut slopes adjacent to side and rear property lines may be no steeper than three feet horizontal to every one foot vertical. The proposed roadway grading plans are inconsistent with Sections 503 (C), (E) and (F). Revise your roadway grading plans to be in conformance with these regulations. 4116., Response: It has never been our understanding that roadway cuts and fills were subject to the provisions of Section 503 (C), however, we fully intend to work with Town staff to Planning&Zoning Commission Report; S98-026&CFW98-05 FireRock Country Club Parcel"G" December 17, 1998 Page 6 properly mitigate the impact of all cut and fill slopes. We will also continue to cooperate with the Town engineer in determining the appropriate slopes for all cuts and fills. (Note: Revised plans show much less sever amounts of grading and utilize retaining walls in some cases) 12. Remove Zoning information not pertaining to "R1-35H" from plat. The approved PUD permits only as many as two (2) flag lots together. Revise plans to comply with Ordinance 97-46. Response: Please see the revised narrative on the preliminary plats. 13. Provide street names for new roads. Response: MCO is currently engaged in developing a community theme and would like to complete this process before naming the individual streets. 14. Corner lots require a no-build easement or comparable easement (Sec 308.F) along street side yards if a non-buildable parcel, easement or additional right-of-way equal to the street side setback of the zoning district or twenty (20) feet, whichever is greater. Provide these easements or parcels of land as required in Sec 303.B.6. Response: The exhibit referenced in the Subdivision Ordinance Section 303.B.6. indicates the this provision applies to side street or rear yards adjacent to Major Collector or Arterial streets. Since we have neither street section within FireRock, I don't understand how this would apply to the subject plats. (Note: Revised plans have the required N.B.E. no build easements, however with the 3rd submittal the configuration of lot 14 has changed and the required N.B.E. needs to be revised) 15. All subdivisions will be replats of the Fire Rock Country Club Master Plat. Reflect this in the subdivision titles. Response:Agreed. 16. Submit documentation (in the form of concept site plans and conceptual Hillside Protection Easement locations) that all proposed lots are buildable without the need of future variances. Show that a single family house can be developed on each of these lots, Parcel G lots 2, 4-7, 10 & 17, Parcel H1 lots 2, 3, & 7, Parcel H2 lots 14, 20 & 21, without a cut/fill waiver, with a driveway not exceeding 18% slope, within the setbacks, and in conformance with Section 504 of The Subdivision Ordinance for the Town of Fountain Hills. 41161, Response: We feel that this requirement is difficult to address since we will not be building Planning &Zoning Commission Report; S98-026 &CFW98-05 FireRock Country Club Parcel"G" December 17, 1998 Page 7 the individual homes, but we will attempt to provide you with typical designs which will address your concerns. (Note: staff is working with the applicant to obtain examples of development which would not require waivers or variances.) 17. Submit a landscape plan with the improvement plans. Landscape areas should include the unlotted frontages, cul-de-sac bulb ends, median islands, and the downhill face of retaining walls (outside of the lots). All other disturbed areas shall be revegetated. Indicate that these areas will be maintained by a homeowners' association. Response: We will supply landscape plans and ownership information with the final plat and improvement plans. 18. Add a VVNAE along all unlotted street frontages. Response:Agreed. 19. Slope analysis by slope category must include the entire lot area, not just the proposed development envelope. Response: With the procedure for administering the conformance to the Hillside disturbance provisions which was approved in the Supplemental Development Agreement, this requirement seems unnecessary. (Note: Staff and the applicant have arrived at a method of tracking Hillside Disturbance which meets the requirements of the Supplemental Development Agreement) Parcel "G" 22. Note adjacent recorded plat on sheet 2 of 2. Response: Notation added. 23. Is a drainage easement proposed for lots 7 & 19 (Powderhorn Wash)? Response: Please see the revised preliminary plat. 24. Show floodway/fringe for Powderhorn Wash. Is lot 19 accessible if wash is flowing? Reconsider design of cul-de-sac for lots 17-19, could eliminate 19 as a flag and keep cul- de-sac out of wash. Response: Lot#19 was accessible and in accordance with our discussion at the Technical Review meeting, we have extended the cul-de-sac. Planning&Zoning Commission Report; S98-026 & CFW98-05 FireRock Country Club Parcel"G" December 17, 1998 Page 8 25. Name and designate parcel/tract of land adjacent to Lot 14. Response: Corrected. 26. Provide a slope analysis map which has property lines matching the preliminary plat. Response: Corrected. 27. Is lot 9 Parcel "G", or vise versa? Response: Parcel G referred to the FireRock parcel designation for the entire planning area. Fountain Hills Fire District: Parcels G, H-2, &J-1 %1rr, No comment at this time Fountain Hills Engineering Department: General Comments: • Provide soils report with final plat submittal. Response:Agreed. • Submit survey closures for legal description. Response:Agreed. • Tombstone Avenue: Is this supposed to be a hillside local as shown or a minor collector street (a 6' meandering sidewalk along the north side of the street. Any new pavement to be 3" AC on 6" AB)? Response: Tombstone Drive and Fire Mountain Road are Local Roads. Palisades is a Minor Collector. FireRock Drive is a Local Road Between Tombstone and Fire Mountain and widens to a Minor Collector between Fire Mountain and Palisades and between Tombstone and Shea. Pavement section will be determined by the soils report and Engineering Department review. Planning&Zoning Commission Report; S98-026 &CFW98-05 FireRock Country Club Parcel"G" December 17, 1998 Page 9 • Isn't the new Tombstone right-of-way being dedicated in the Master Plat? If so, don't include in this Plat. If not, full width dedication and construction must be done with the first adjoining plat. Response: The rights-of-way for Tombstone Drive, FireRock Drive, Fire mountain Road and Palisades Boulevard will be dedicated on the FireRock Master Plat. • Access to several lots will exceed the Town standard of 18% max driveway slope. Provide sufficient grading details to prove there is safe and compliant access to those lots, including lots 5-7 and 15-18 in Parcel G, Lots 7-10 in Parcel H 1, lots 19-22 in Parcel H2, all lots in J 1 except maybe lots 10-15 and 5. Response: Please see our response to Community Development item 16. above. • Explain slope treatment alternatives referenced. Response: We assume that slope treatments will be determined individually based on circumstances present at each location. • Show street names on index map. Response: MCO is currently engaged in developing a community theme and would like to complete this process before naming the individual streets. • Require a note allowing surface drainage to flow lot to lot. Response:Added. • Show all easements (Public Utility (PUE); Drainage (DE); Sidewalk (SWE, etc). Response:Agreed. • Provide a legend. Response:Agreed. • Plat bearings and distances are to match legal descriptions. Response:Agreed. Label existing and proposed services (sewer, water, fire hydrants, etc) and show sidewalk and Planning&Zoning Commission Report; S98-026&CFW98-05 FireRock Country Club Parcel"G" December 17, 1998 Page 10 pedestrian ramp locations. Response:Agreed. • Provide three (3) valves at all water main tees and four (4) valves at all crosses. Response:Agreed. Specific Comments - Parcel G • Provide pressure reducing valve (PRV) near Lot 14 and Tombstone Avenue. Response:Agreed(refers to same PRV referenced under Parcel F). • Show road width per hillside local standard. Response:Agreed. • Provide a fire hydrant, as shown, near end of the cul-de-sac. Response: We will provide fire hydrants in accordance with the Fire District standards. • Show sewer easement within Lot 1. Response:Agreed. • Show contour elevations within road limits and maintain 15% max slope. Response: As we discussed in the Technical Review meeting, in order to minimize cut/fill requirements a short portion of the westerly cul-de-sac should be designed at an 18% gradient. • Provide 8" water main in place of 6" line within cul-de-sac. Response: We will discuss this request with CCWC. • Provide vehicular sight easement where indicated (30 mph -Tombstone Avenue - minor collector. Response: Tombstone, a Local Road, will have a 25 mph design speed and we will provide 1/41t,,. any sight easements required. Planning&Zoning Commission Report; S98-026 &CFW98-05 FireRock Country Club Parcel"G" December 17, 1998 Page 11 • Move cul-de-sac bulb out of Powder Wash flow and easement zone. Show 100 year flood limits with 100 year water surface elevation along Powder Wash. Response: The cul-de-sac bulb is not within the floodplain, but we have extended the cul-de- sac as suggested during the Technical Review meeting. • Provide a 5' meandering sidewalk along the existing Tombstone and Powderhorn frontages. Response:Agreed • Due to the number of anticipated utility cuts, slurry seal Tombstone and Powderhorn. Response: Agreed, provided actual field inspection verifies necessity • Remove the lake slopes from the lots. Response: As we discussed, we are uncertain, at this time, as to the ultimate ownership of the effluent lakes and would like to resolve that issue before creating parcels adjacent to the lake. • Existing waterlines on Tombstone and Powderhorn are Zone 1. How will they serve this subdivision up to elevation 1800? Response: Parcel G will served by the existing Zone 1 mains as well as a Zone 2 main to be installed in Tombstone. • Disconnect existing utility services not needed along Tombstone. Response:Agreed. • Paint existing utility boxes. Response:Agreed. Of all of these comments the few remaining issues to be resolved are as follows and are recommended as stipulations: 1. Revise lot 14 to correct the location of the N.B.E. (no build easement) from Tombstone Avenue to Powderhorn Drive ,,.. 2. Submit a landscape plan with the improvement plans. Landscape areas should include the Planning&Zoning Commission Report; S98-026 &CFW98-05 FireRock Country Club Parcel"G" December 17, 1998 Page 12 unlotted frontages, cul-de-sac bulb ends, median islands, and the downhill face of retaining walls (outside of the lots). All other disturbed areas shall be revegetated. Indicate that these areas will be maintained by a homeowners' association. 3. Submit documentation (in the form of concept site) that all proposed lots are buildable without the need of future variances. Show that a single family house can be developed on proposed lots without a cut/fill waiver, with a driveway not exceeding 18% slope, within the setbacks, and in conformance with Section 504 of The Subdivision Ordinance for the Town of Fountain Hills The Engineering Depart recommends the following stipulations: 1. Provide a street cross-section for Tombstone Avenue. Revise the road cross sections to comply with the Town Engineer's slope design criteria. 2. Provide a pedestrian ramp at the Powderhorn Drive and cul-de-sac intersection. 3. Provide an 8" water main line within the long cul-de-sac. 4. Meander the 5' wide sidewalk along the existing Powderhorn frontage. 5. Disconnect the existing utility services not needed, and paint the existing utility boxes along Powderhorn. 6. Confirm vertical sight visibility at the short cul-de-sac/Powderhorn intersection. 7. Powder Wash is a delineated FEMA floodplain (435 cfs). The Master Drainage Report flows do not agree with the FEMA flow rate (174 cfs pre-development, 88 cfs post-development). Resolve this difference. Submit a LOMR to FEMA. If the flows are substantially higher than the Master Drainage Report: • Powder Wash should become a tract instead of an easement. • The short cul-de-sac intersection with Powderhorn might need to be moved or a culverted crossing provided to allow 100-year accessibility to the new lots. Cut and Fill Waiver The applicant is proposing a cut of 10.7 feet and 11.4 feet in two places. These proposed waivers are two meet the requirement of a 20mph sight distance requirement for the roads. The applicant states that they have minimized the cut and fill areas by realigning roadways, vertically and horizontally, rearranged lots and access to lots, add retaining walls and cross fall streets. Specifically the cuts are located in the roadway adjacent to lots, 7 & 8 and lot 17. The area of the requested cut is in previously undisturbed areas of the FireRock area, however these cuts are relatively small and are in conjunction with cul-de-sacs located at the rear of the project. Due to the fact that the requested cuts are in an area which will not be seen from Shea Blvd. and are for the roadway construction, staff recommended that the Commission recommend approval of these two waivers. Planning&Zoning Commission Report; S98-026 & CFW98-05 FireRock Country Club Parcel"G" December 17, 1998 Page 13 Planning and Zoning Commission: The Planning and Zoning Commission reviewed these applications at the December 10, 1998 Planning and Zoning Commission Meeting. Staff advised that they recommended approval of the applications as stipulated and that the applicant was in agreement with the recommended stipulations. The Commission did have questions regarding the Cut and Fill waivers. Chairwomen Fraverd wanted to be sure that the waivers were the minimum necessary to construct the project and that the waivers were not for convenience. Staff assured the Commission that the requests for the Cut and Fill waivers had been minimized and were to meet the 20 mph sight visibility requirements for Engineering. The Planning and Zoning Commission unanimously recommended approval of this preliminary plat and the requested Cut and Fill waiver with staff stipulations. Recommendation Based on the FireRock Country Club Area Specific Plan land use designation, the current zoning, and the proposed subdivision design, the Planning and Zoning Commission recommends that the Town Council approve the Preliminary Plat for the FireRock Country Club Parcel "G" subdivision •° and the Cut and Fill Waiver, subject to the following stipulations: 1. Revise lot 14 to correct the location of the N.B.E. (no build easement) from Tombstone Avenue to Powderhorn Drive 2. Submit a landscape plan with the improvement plans. Landscape areas should include the unlotted frontages, cul-de-sac bulb ends, median islands, and the downhill face of retaining walls (outside of the lots). All other disturbed areas shall be revegetated. Indicate that these areas will be maintained by a homeowners' association. 3. Submit documentation (in the form of concept site) that all proposed lots are buildable without the need of future variances. Show that a single family house can be developed on proposed lots without a cut/fill waiver, with a driveway not exceeding 18% slope, within the setbacks, and in conformance with Section 504 of The Subdivision Ordinance for the Town of Fountain Hills 4. Provide a street cross-section for Tombstone Avenue. Revise the road cross sections to comply with the Town Engineer's slope design criteria. 5. Provide a pedestrian ramp at the Powderhorn Drive and cul-de-sac intersection. 6. Provide an 8" water main line within the long cul-de-sac. 7. Meander the 5' wide sidewalk along the existing Powderhorn frontage. 8. Disconnect the existing utility services not needed, and paint the existing utility boxes along Powderhorn. 9. Confirm vertical sight visibility at the short cul-de-sac/Powderhorn intersection. 10. Powder Wash is a delineated FEMA floodplain (435 cfs). The Master Drainage Report flows do not agree with the FEMA flow rate (174 cfs pre-development, 88 cfs post-development). Planning&Zoning Commission Report; S98-026&CFW98-05 FireRock Country Club Parcel"G" December 17, 1998 Page 14 Resolve this difference. Submit a LOMR to FEMA. If the flows are substantially higher than the Master Drainage Report: • Powder Wash should become a tract instead of an easement. • The short cul-de-sac intersection with Powderhorn might need to be moved or a culverted crossing provided to allow 100-year accessibility to the new lots. L TOWN OF FOUNTAIN HILLS V. IsZ:00 COMMUNITY DEVELOPMENT DEPARTMENT Date Filed Fee Paid pC.) Accepted By July 22 , 1998 i� L 4) Plat Name/Number FireRock Country Club - Parcel G Parcel Size Number of Lots 22 .98 acres 19 Number of Tracts Zoning Two R1-35 PIID General Plan Land Use Designation SF/L 1-2 Density Requested (Dwelling Units Per Acre) . 83 dwelling units per acre Applicant Day Phone Mike Snodgrass 816-1416 Address City ST Zip 16838 East Palisades Boulevard Fountain Hills AZ 85268 Le Owner Day Phone MCO Properties, Inc. 837-9660 Address City ST Zip 16838 East Palisades Boulevard Fountain Hills AZ 85268 Attachments(Please list) Signature of Owner I HERBY AUTHORIZE (Please Print) Date Mike Snodgrass July 22 , 1998 TO FILE THIS APPLICATION. Subsc ibed and sworn before me this 2 2 n d day of July , 1998 �-' �_ �`�'`� "`.`. 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Name) (Firm Name) Address Day Phone Cit ST Zip ,`/77A/.`/ Planner/Engineer (Planner/Engineer Name) (Firm Name) Address Day Phone Cit ST Zip Parcel Size (in acres) Proposed Number of Lots Lot Number(s) Affected 7T_ 5. /9 �- Maximum Depth of Cut (in feet) Maximum Depth of Fill (in feet) /. Please include the following (attach additional sheets): 1. A grading plan showing the areas of cut and/or fill in excess of the 10 foot limitation. 2. A narrative explaining the need for greater than 10 foot cuts and/or fills and what steps have been taken to keep the degree of cuts and/or fills in excess of 10 feet to a minimum. r If application is being filed by an agent of the owner, please complete the following shaded section. qg Sig $ Bt F • � � R .t ® a , 9 .. € ' a 4 ad a �'a` Vv a Ta � 14,7 z •. • .. • -A• 4A" ,>, o i• ®°� x a u. s..a...m_.r -�.s . .Faxae .t •� .w.(�" u: a.• .. v..,. � .a ,G x ' s 1. .„* t � a 1Q •I x • ax ° , � • a '� • sH - r.za�,.,-. ' "h. ` ,°� xn .w�" & `k> a2 :. ,y,"�h� f i - i k` .a�"�Y� & s.5.. ° 3� rt antis • '' s-,• "• �� ^:. .. :•: ^.. Pa r �, y�3.xg .t' rp,. ^3 'X.. " s ,e 9r�+ e }�*.M". ,__.v: TFH Case Number Fee: $300 '11 1l1!� !flI 1IuIAIIIi g11 11 1w�11 2 `IIillirirririii 111urrrlfl r, ;< §S i . J (III MwidiSikrSs P1 N �, gicm mI `� III��IUI�IIII�II�,-. , g� t<I 2oda W lib�lIII� lllulllullilhl��) 11 g 11 1 i0 I ^ i,/ • . 1. ,, w':. ...,,Il',:lEi :ii f'i i Ili ;: ..::. ..;..::. .',. .••,: .. /:.:I...::: ::'_:_•: : ::: :..,4:::::'';;"':;:• •'.:::::::'::.''.'i`:,l'',-:.::? : \''•''.;:,:.'•.;., :1l, ...' ''.tl ;:;'.:'tf::ii::!iiyi iii:i;:dir ''i:::r.-.i•", ^...,` .Y'.,'' ::'.f.'.;...;:..,j., ..,'��:..::.;.,:\ . l]\ i ' 1 .':::::',•, ,..,.......'.'.::.:':::'...::ram.... ....'.'.'�:.,>�i . • ..rat O :11::,::.j:.,:,'.,:.':'•:`:'..�,:t:`;:,�:s'•.^'.'...':..�:.:.t�..::''{.'.'::F4.,:,.;:.1'. ..:�"....,,.T��'`;� ,\ is r ... ii• ...;....•...1'.,� ...\:i K $} \ \ t \t t ) • '•:::::1:::::....ki. IN 4 '11 Yam'..�r T. 11 � r \1 . �`\ \ . ! r, r' :r 1'_. ` :1 / a:/ `i1 •\ / 1 1'11.' ., ---------` ) r r 1 L ..-........:.....RHO D • .. 1-4 ul n x tri r. S .i S 0c F17 Aom , A • N U S — t f ' PRELIMINARY FIREROCK �'<<1 �- Wil = Q NOT FOR coll;RNu ioN PARCEL 0 I'- .AAAA } S g OR RECORDING (�r� it .i 1Q0N: 164o° 6 1 I b R•!f l0'GUT/FILL EXHIBIT '��•�,� 't '�i n PROFESSIONAL SERVICES Civil Engineering • Land Surveying • Project Management TO: Town of Fountain Hills DATE: November 25, 1998 SUBJECT: Firerock Cut and Fill Limitation Waiver Application DEI#98100 There are minimal areas that exceed the 10-foot cut or fill restriction. Efforts to eliminate or minimize these areas have been to: realign roadway alignments both vertically and horizontally, rearrange lots and access to lots, add retaining wall, cross fall streets. Most of these areas were created by the 20 mph sight distance requirement for roadways. Lir 7600 N.15th St.•Ste.290•Phoenix•AZ 85020-4331 •(602)954-0038•Fax(602)944-8605•E-Mail: dei@deipro.com •http://www.deipro.com F:\PROJECTS\8100\CORRES\TO FFH M EM.DOC TOWN OF FOUNTAIN HILLS PLANNING AND ZONING COMMISSION REPORT DECEMBER 17, 1998 CASE NO.: S98-027 LOCATION: South of the proposed Tombstone Avenue extension and the proposed FireRock Country Club Drive, located within the FireRock Country Club Area Specific Plan. REQUEST: Consideration of the Preliminary Plat of FireRock Country Club Parcel "H- 1" Subdivision, which is a 8.02 acre, 10 lot, subdivision. DESCRIPTION: OWNER: Fire Rock L.L.C. APPLICANT: Dan Kelly for Fire Rock L.L.C. EXISTING ZONING: "R1-35 P.U.D." PARCEL SIZE: 10.82 Acres PROPOSED NUMBER OF LOTS: 10 lots SURROUNDING LAND USES AND ZONING: NORTH: Vacant, zoned "R1-35 P.U.D." (F.C.C.A.S.P.) SOUTH: Vacant,zoned "OSR P.U.D." (F.C.C.A.S.P.) EAST: Vacant, zoned "OSR P.U.D." (F.C.C.A.S.P.) WEST: Vacant, zoned "OSR P.U.D." (F.C.C.A.S.P.) SUMMARY: This request by FireRock L.L.C. is for approval of the Preliminary Plat for the FireRock Country Club Parcel "H-1" Subdivision located South of the proposed Tombstone Avenue extension and the proposed FireRock Country Club Drive, located within the FireRock Country Club Area Specific Plan (F.C.C.A.S.P.) The following staff report will review several aspects of the project, including the following: 1. A review of the FireRock Country Club Area Specific Plan, and the development's conformance with this plan. 2. The subdivision's design and its conformance with the Subdivision Ordinance and the Zoning Ordinance. L Planning&Zoning Commission Report; S98-027 FireRock Country Club Parcel "H-1" December 17, 1998 Page 2 Conformance with Fire Rock Country Club Area Specific Plan: The adopted General Plan Land Use Map was amended by GPA 97-01; Fire Rock Country Club Area Specific Plan. This area was designated for "Single-Family/Low" density land uses, with a unit range of 9-18 units and a proposed unit count of 10 units. Parcel "H-1"proposes 10 lots as per the adopted plan. After staffs review of the proposed Preliminary Plat Fire Rock Country Club Parcel "F' Subdivision, and the FireRock Country Club Area Specific Plan, staff believes that the proposed subdivision is in conformance with the FireRock Country Club Area Specific Plan. Subdivision Design GENERAL DESCRIPTION: The topography of the property for Parcel "H-1" is sloping hillside with areas of moderate to severe slopes, (exceeding 25%) with few areas under 10%. The subdivision proposes no new internal streets and will utilize the future extension of Tombstone Avenue and the future FireRock Country Club Drive. Lots 1 through 5 will utilize FireRock Country Club Drive and lots 6-10 will utilize Tombstone Avenue for access. All of the lots meet the "R1-35 P.U.D." zoning district's lot dimension requirements, including those for size and lot width. GRADING: The proposed subdivision complies with the Land Disturbance Standards of the Supplemental Development Agreement for FireRock Country Club. The applicant is providing projected disturbance limits on a lot by lot basis. The Supplemental Development Agreement for FireRock Country Club allows the applicant to provide the required amount of non-disturbance required by the subdivision ordinance in any slope category. Therefore the applicant has conducted a hillside analysis by slope bands and has determined the amount of required preservation. This amount will be distributed on each lot on the Final Plat. The numbers provided by the applicant are their current projected allocations for the disturbance area's lot by lot. Current projections for disturbance in Parcel "H-1" are below the allowable disturbance limits. The on and off-site subdivision improvements will be shown on forthcoming improvement plans and their construction will be required to be assured prior to Final Plat recordation. ISSUES: The Subdivision Technical Review Committee met with the applicant to discuss the preliminary design of the subdivision on September 22, 1998. The applicant has made changes to the original Planning&Zoning Commission Report; S98-027 thre FireRock Country Club Parcel "H-1" December 17, 1998 Page 3 subdivision design which was reviewed by the Committee. The Subdivision Technical Review Committee issues are as follows with the applicant's response following: COMMUNITY DEVELOPMENT General Comments pertaining to all five submittals 1. Resubmit plan having a minimum scale of 1" =40' (Sec 203.A.1). Response:All plats have been completely redrafted at the requested scale, incorporating 2 foot topographic contour intervals. 2. Provide the name of the contact person for subdivider and engineer(Sec 203.C.2 & 3). Response: The contact for MCO Properties will be Dan Kelly and the contract for DEI, the project engineer, is Jonathon Stansel(954-0038). 3. Tie by course and distance two corners of the subdivision to separate section or quarter section corners on the plat map. Response: Please see the revised preliminary plats. 4. Show minimum setback lines on proposed lots (Sec 203.E.5). Response: Please see the revised preliminary plats. 5. Five (5) foot contours are not adequate for review. Show contours at two (2) foot contours (Sec 303.B.3.6). Proposed grading does not connect into existing contours and is not labeled (by interval or by elevation). Minimum interval is 2'. Without this required information the Town cannot adequately evaluate proposed cut and fill areas. Response: We have had all of the plats redrafted at 40 scale with two foot contour intervals. 6. H.P.E.'s are required on each lot at this time (Sec 203.D.9). H.P.E.'s are also required by the Fire Rock Country Club Area Specific Plan Section 4.2. Development standards subsections 5 &7 which read as follows: 5) All subsequent plat maps for residential development will be accompanied by the ,,,, granting of perpetual Hillside Protection Easement (HPE) to the Town for the purpose of Planning&Zoning Commission Report; S98-027 FireRock Country Club Parcel "H-1" December 17, 1998 Page 4 defining and preserving all land intended to be natural and undisturbed. 7) No construction will be allowed outside the Development Envelope unless approved by the FRCCCA-COA, and only if the area is not covered by an HPE. Response: We believe that the issue of the timing of the recordation of the Hillside Protection Easements has been clarified by the recent Town Council approval of the FireRock Supplemental Development Agreement. 7. The Town is in possession of the amount of transferable hillside disturbance eligible from the 386 acres in each of the four slope categories as agreed to in the Development Agreement. The Town will track on a project-by-project basis these amounts of internal and external hillside disturbance transfers. It is the responsibility of the developer to leave adequate amounts of allowable hillside disturbance for later subdivisions to allow for their developability. Response: None required. . (Note: Staff and the applicant have arrived at a method of tracking Hillside Disturbance which meets the requirements of the Supplemental Development Agreement) 8. Show locations of sidewalks on plat per section 306.C. Response: We apologize for not disclosing the sidewalk locations on the initial submittal and will do so in accordance with the Subdivision Ordinance requirements and ASP provisions. 9. Cut/Fill slopes extend 105 feet into lots in some places. No cut/fill waivers were approved for parcel roads. Response: We understand that while cut/fill waivers were approved for the backbone roadway system as a part of the Area Specific Plan approval, cut/fill waivers for individual plats will be reviewed on a case by case basis. (Note:Revised plans show much less sever amounts of grading and utilize retaining walls in some cases) 10. Section 503 (D) of The Subdivision Ordinance for the Town of Fountain Hills states: Limitations on Cut and Fill. The height of any fill or the depth of any cut area, including grading for the construction of public or private streets, as measured from natural grade, shall not be greater than ten feet regardless of whether the fill or cut is retained, unretained, or a combination thereof... These limitations may be waived by the Town Council. Planning&Zoning Commission Report; S98-027 FireRock Country Club Parcel "H-1" December 17, 1998 Page 5 Prior to Town Council approval of the preliminary plat revise the preliminary grading plans to show conformance with this regulation or gain Town Council approval of a waiver or waivers for those cut and/or fills exceeding ten feet. Identify all areas where cut/fill grading in excess of 10 feet is proposed. Response: Please see our response to item 9. above. (Note: There are no areas of greater than 10 feet of cut or fill in Parcel"H-1") 11. Sections 503 (C), (E) and (F) of The Subdivision Ordinance for the Town of Fountain Hills state: C. Height of Unretained Cut or Fill. If the natural grade or the subdivision finished grade if the property was subdivided or re-subdivided after September 20, 1991, is less than a 10 percent gradient, the maximum amount of unretained fill or cut shall be four feet above/below the natural grade, or subdivision grade. Where the natural grade or the subdivision finished grade if the property was subdivided or re-subdivided after tibir September 20, 1991 has a gradient of 10 percent or more, the maximum amount of unretained fill or cut shall be six feet above/below the natural grade or subdivision finished grade. Any fill or cut grading in excess of these amounts must be contained by retaining walls. E. Maximum Slope of Fill Grading. Any unretained fill slope, if allowed, shall have a maximum three foot horizontal to every one foot vertical fill. The maximum slope of fill for roadway construction shall be at the discretion of the Town Engineer. F. Maximum Slope of Cut Grading. Maximum steepness of exposed cut slopes is dependant on the stability of the material excavated, and shall be prescribed by the Town Engineer. However, exposed cut slopes adjacent to side and rear property lines may be no steeper than three feet horizontal to every one foot vertical. The proposed roadway grading plans are inconsistent with Sections 503 (C), (E) and (F). Revise your roadway grading plans to be in conformance with these regulations. Response: It has never been our understanding that roadway cuts and fills were subject to the provisions of Section 503 (C), however, we fully intend to work with Town staff to properly mitigate the impact of all cut and fill slopes. We will also continue to cooperate with the Town engineer in determining the appropriate slopes for all cuts and fills. (Note: Revised plans show much less sever amounts of grading) Planning&Zoning Commission Report; S98-027 FireRock Country Club Parcel "H-1" December 17, 1998 Page 6 12. Remove Zoning information not pertaining to "R1-35H" from plat. The approved PUD permits only as many as two (2) flag lots together. Revise plans to comply with Ordinance 97-46. Response: Please see the revised narrative on the preliminary plats. 13. Provide street names for new roads. Response: MCO is currently engaged in developing a community theme and would like to complete this process before naming the individual streets. 14. Corner lots require a no-build easement or comparable easement (Sec 308.F) along street side yards if a non-buildable parcel, easement or additional right-of-way equal to the street side setback of the zoning district or twenty (20) feet, whichever is greater. Provide these easements or parcels of land as required in Sec 303.B.6. Response: The exhibit referenced in the Subdivision Ordinance Section 303.B.6. indicates the this provision applies to side street or rear yards adjacent to Major Collector or Arterial streets. Since we have neither street section within FireRock, I don't understand how this would apply to the subject plats. (Note: Revised plans have the required N.B.E., no build easement, however on the wrong street side of lot 6) 15. All subdivisions will be replats of the Fire Rock Country Club Master Plat. Reflect this in the subdivision titles. Response:Agreed. 16. Submit documentation (in the form of concept site plans and conceptual Hillside Protection Easement locations) that all proposed lots are buildable without the need of future variances. Show that a single family house can be developed on each of these lots, Parcel G lots 2, 4-7, 10 & 17, Parcel H1 lots 2, 3, & 7, Parcel H2 lots 14, 20 & 21, without a cut/fill waiver, with a driveway not exceeding 18% slope, within the setbacks, and in conformance with Section 504 of The Subdivision Ordinance for the Town of Fountain Hills. Response: We feel that this requirement is difficult to address since we will not be building the individual homes, but we will attempt to provide you with typical designs which will address your concerns. (Note: staff is working with the applicant to obtain examples of development which would not require waivers or variances.) 17. Submit a landscape plan with the improvement plans. Landscape areas should include the unlotted frontages, cul-de-sac bulb ends, median islands, and the downhill face of retaining Planning&Zoning Commission Report; S98-027 Cir FireRock Country Club Parcel "H-1" December 17, 1998 Page 7 walls (outside of the lots). All other disturbed areas shall be revegetated. Indicate that these areas will be maintained by a homeowners' association. Response: We will supply landscape plans and ownership information with the final plat and improvement plans. 18. Add a VVNAE along all unlotted street frontages. Response:Agreed. 19. Slope analysis by slope category must include the entire lot area, not just the proposed development envelope. Response: With the procedure for administering the conformance to the Hillside disturbance provisions which was approved in the Supplemental Development Agreement, this requirement seems unnecessary. (Note: Staff and the applicant have arrived at a method of tracking Hillside Disturbance which meets the requirements of the Supplemental Development Agreement) Parcel H-1 28. Remove from title "and a re-subdivision of portions of plats 412-A, 412-B &415" Response: Corrected. 29. Plat has been drawn at 1"=60' not 1"=50' as indicated. Response: Plat has been redrafted at 40 scale. 30. Lot lines are not dimensioned correctly or are missing dimensions. Response: Corrected. Fountain Hills Fire District: Parcel H-1 No Comment Fountain Hills Engineering Department: Planning&Zoning Commission Report; S98-027 FireRock Country Club Parcel "H-1" December 17, 1998 Page 8 General Comments: • Provide soils report with final plat submittal. Response:Agreed. • Submit survey closures for legal description. Response:Agreed. • Tombstone Avenue: Is this supposed to be a hillside local as shown or a minor collector street (a 6' meandering sidewalk along the north side of the street. Any new pavement to be 3" ACon6" AB)? Response: Tombstone Drive and Fire Mountain Road are Local Roads. Palisades is a Minor Collector. FireRock Drive is a Local Road Between Tombstone and Fire Mountain and widens to a Minor Collector between Fire Mountain and Palisades and between Tombstone and Shea. Pavement section will be determined by the soils report and Engineering Department review. • Isn't the new Tombstone right-of-way being dedicated in the Master Plat? If so, don't include in this Plat. If not, full width dedication and construction must be done with the first adjoining plat. Response: The rights-of-way for Tombstone Drive, FireRock Drive, Fire mountain Road and Palisades Boulevard will be dedicated on the FireRock Master Plat. • Access to several lots will exceed the Town standard of 18% max driveway slope. Provide sufficient grading details to prove there is safe and compliant access to those lots, including lots 5-7 and 15-18 in Parcel G, Lots 7-10 in Parcel H1, lots 19-22 in Parcel H2, all lots in Jl except maybe lots 10-15 and 5. Response: Please see our response to Community Development item 16. above. • Explain slope treatment alternatives referenced. Response: We assume that slope treatments will be determined individually based on circumstances present at each location. • Show street names on index map. ,,• Response: MCO is currently engaged in developing a community theme and would like to Planning&Zoning Commission Report; S98-027 cly FireRock Country Club Parcel "H-1" December 17, 1998 Page 9 complete this process before naming the individual streets. • Require a note allowing surface drainage to flow lot to lot. Response:Added. • Show all easements (Public Utility (PUE); Drainage (DE); Sidewalk (SWE, etc). Response:Agreed. • Provide a legend. Response:Agreed. • Plat bearings and distances are to match legal descriptions. Response:Agreed. • Label existing and proposed services (sewer, water, fire hydrants, etc) and show sidewalk and pedestrian ramp locations. Response:Agreed. • Provide three (3) valves at all water main tees and four(4) valves at all crosses. Response:Agreed. Specific Comments - Parcel H1 • Provide a 12% max slope along FireRock Country Club Drive and Tombstone Avenue. Response:As we discussed during the Technical Review meeting, the current design for these streets includes short segments with gradients of 13%plus. • Provide 8" water main in place of 6" line within Tombstone Avenue, near Lots 9 and 10. Response: We will discuss this request with CCWC. • Is another fire hydrant required on Tombstone Avenue (spacing is greater than 500')? 1�,,. Response: We have designed fire hydrant locations at 1,000 foot spacing (no more than 500 Planning&Zoning Commission Report; S98-027 FireRock Country Club Parcel "H-1" December 17, 1998 Page 10 feet from any lot) in accordance with our understanding of the Fire District's criteria. Of all of these comments the few remaining issues to be resolved are as follows and are recommended as stipulations: 1. Revise the N.B.E. for lot 6 placing the N.B.E. on the Tombstone Avenue street side. 2. Submit a landscape plan with the improvement plans. Landscape areas should include the unlotted frontages, cul-de-sac bulb ends, median islands, and the downhill face of retaining walls (outside of the lots). All other disturbed areas shall be revegetated. Indicate that these areas will be maintained by a homeowners' association. 3. Submit documentation (in the form of concept site) that all proposed lots are buildable without the need of future variances. Show that a single family house can be developed on proposed lots without a cut/fill waiver, with a driveway not exceeding 18% slope, within the setbacks, and in conformance with Section 504 of The Subdivision Ordinance for the Town of Fountain Hills The Engineering Department recommends the following stipulations: 1. Provide a street cross-section for FireRock Country Club Drive. Any new pavement to be 3" AC on 6" AB (minimum). Revise the road cross sections to comply with the Town Engineer's slope design criteria. 2. Provide an 8' public utility (PUE); drainage (DE); 10' sidewalk (SWE) and vehicular sight (VSE) easements per Town requirements. 3. Provide an 8" water main line within Tombstone Avenue near Lots 9 and 10. Planning and Zoning Commission: The Planning and Zoning Commission reviewed this application at the December 10, 1998 Planning and Zoning Commission Meeting. Staff advised that they recommended approval of the application as stipulated and that the applicant was in agreement with the recommended stipulations. The Planning and Zoning Commission unanimously recommended approval of this preliminary plat with staff stipulations. Recommendation Based on the FireRock Country Club Area Specific Plan land use designation, the current zoning, and the proposed subdivision design, the Planning and Zoning Commission recommends that the Town Council approve the Preliminary Plat for the FireRock Country Club Parcel "H-1" subdivision, subject to the following stipulations: Planning&Zoning Commission Report; S98-027 FireRock Country Club Parcel "H-1" December 17, 1998 Page 11 1. Revise the N.B.E. for lot 6 placing the N.B.E. on the Tombstone Avenue street side 2. Submit a landscape plan with the improvement plans. Landscape areas should include the unlotted frontages, cul-de-sac bulb ends, median islands, and the downhill face of retaining walls (outside of the lots). All other disturbed areas shall be revegetated. Indicate that these areas will be maintained by a homeowners' association. 3. Submit documentation (in the form of concept site) that all proposed lots are buildable without the need of future variances. Show that a single family house can be developed on proposed lots without a cut/fill waiver, with a driveway not exceeding 18% slope, within the setbacks, and in conformance with Section 504 of The Subdivision Ordinance for the Town of Fountain Hills 4. Provide a street cross-section for FireRock Country Club Drive. Any new pavement to be 3" AC on 6" AB (minimum). Revise the road cross sections to comply with the Town Engineer's slope design criteria. 5. Provide an 8' public utility (PUE); drainage (DE); 10' sidewalk (SWE) and vehicular sight (VSE) easements per Town requirements. 6. Provide an 8" water main line within Tombstone Avenue near Lots 9 and 10. L Jam v ia ) TOWN OF FOUNTAIN HILLS y��,,,* COMMUNITY DEVELOPMENT DEPARTMENT Date Filed Fee Paid 730 p j Accepted By July 22, 1998 ��� Plat Name/Number FireRock Country Club - Parcel H1 Parcel Size Number of Lots 8 .96 Acres 10 Number of Tracts Zoning None R1-35 PUD General Plan Land Use Designation SF/L 1-2 Density Requested(Dwelling Units Per Acre) 1 . 12 dwelling units per acre Applicant Day Phone Mike Snodgrass 816-1416 Address City ST Zip 16838 East Palisades Boulevard Fountain Hills AZ 85268 • Owner Day Phone MCO Properties , Inc. 837-9660 Address City ST Zip 16838 East Palisades Boulevard Fountain Hills AZ 85268 Attachments(Please list) Signature of Owner I HERBY AUTHORIZE (Please Print) Date Mike Snodgrass July 22, 1998 TO FILE THIS APPLICATION. Subscr' d and sworn before me this 2 2 n d day of July , 19.9 8 t>=:::_ ° r�bmmi ion Expires �_�/ c�oov .� - c RIFLE E. 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' r-P ' r-?----'-- /I \ I.I1I1‘1/4*-..','---to. SHEET 2 mow+ �\ I �1'�1j�� 6ISA,YNv 3do1s3/4'�: !4I '� A$ j ��Oa3ald �dvrw-r ! �/k c•/ /.,: / /i—NO h 0 m __/ I!- I 11 / yy \ exx xto �W . ..z H � /G p n/ o<N ./.:, • i y a OO i �E / _ f ...;:::\ kf :` g f i l 3 � f o �� } ��ggppp�pp�p'pp �.�� 23 a. f { F t h ' ,� f i 7I 2:: 0 t 1i 4 0. ITWI 1 u . / Q `I! } '� a 11 1 .11j ft: tl7 it) Z 1 • 4 L TOWN OF FOUNTAIN HILLS PLANNING AND ZONING COMMISSION REPORT DECEMBER 1, 1998 CASE NO.: S98-028 & CFW98-04 LOCATION: South of FireRock Country Club Drive, located within the Fire Rock Country Club Area Specific Plan. REQUEST: Consideration of the Preliminary Plat of FireRock Country Club Parcel "H- 2" Subdivision, which is a 22.10 acre, 22 lot, 2 tract subdivision and a Cut and Fill waiver for a 10.2 foot fill and a 11.4 foot cut. DESCRIPTION: OWNER: Fire Rock L.L.C. APPLICANT: Dan Kelly for Fire Rock L.L.C. EXISTING ZONING: "R1-35 P.U.D." PARCEL SIZE: 22.10 Acres PROPOSED NUMBER OF LOTS: 22 lots, 2 tracts SURROUNDING LAND USES AND ZONING: NORTH: Vacant, zoned "OSR P.U.D." & "R1-35 P.U.D." (F.C.C.A.S.P.) SOUTH: Salt River Maricopa Indian Community EAST: Vacant; zoned "OSR P.U.D." (F.C.C.A.S.P.) WEST: Vacant, zoned "R1-35 P.U.D." (F.C.C.A.S.P.) SUMMARY: This request by FireRock L.L.C. is for approval of the Preliminary Plat for the FireRock Country Club Parcel "H-2" Subdivision located south of FireRock Country Club Drive, located within the Fire Rock Country Club Area Specific Plan (F.C.C.A.S.P.). The following staff report will review several aspects of the project, including the following: 1. A review of the FireRock Country Club Area Specific Plan, and the development's conformance with this plan. 2. The subdivision's design and its conformance with the Subdivision Ordinance and the Zoning Ordinance. 3. The request for a Cut and Fill waiver for a 10.2 foot fill and a 11.4 foot cut. L Planning&Zoning Commission Report; S98-28 &CFW98-04 FireRock Country Club Parcel "H-2" December 17, 1998 Page 2 Conformance with Fire Rock Country Club Area Specific Plan: The adopted General Plan Land Use Map was amended by GPA 97-01; Fire Rock Country Club Area Specific Plan. This area was designated for "Single-Family/Low" density land uses, with a unit range of 22-44 units and a proposed unit count of 21 units. Parcel "H-2"proposes 22 lots. Per the adopted development agreement the applicant may increase the unit count by ten (10%) or two lots whichever is greater. As the proposed preliminary plat proposes an increase of one unit from the adopted area specific plan the request is in conformance with the FireRock Country Club Area Specific Plan and the adopted development agreements. After staffs review of the proposed Preliminary Plat Fire Rock Country Club Parcel "H-2" Subdivision, and the FireRock Country Club Area Specific Plan, staff believes that the proposed subdivision is in conformance with the FireRock Country Club Area Specific Plan. Subdivision Design GENERAL DESCRIPTION: The topography of the property for Parcel "H-2" is sloping hillside with areas of moderate to severe slopes, (exceeding 25%). The slopes of 30%+ are located on the western side of the proposed subdivision. There are few areas of less than 10% with the eastern side of the subdivision 10-20% slopes. The subdivision proposes one new double bulb cul-de-sac street off of the future FireRock Country Club Drive. All of the lots meet the "R1-35 P.U.D." zoning district's lot dimension requirements, including those for size and lot width. GRADING: The proposed subdivision complies with the Land Disturbance Standards of the Supplemental Development Agreement for FireRock Country Club. The applicant is providing projected disturbance limits on a lot by lot basis. The Supplemental Development Agreement for FireRock Country Club allows the applicant to provide the required amount of non-disturbance required by the subdivision ordinance in any slope category. Therefore the applicant has conducted a hillside analysis by slope bands and has determined the amount of required preservation. This amount will be distributed on each lot on the Final Plat. The numbers provided by the applicant are their current projected allocations for the disturbance area's lot by lot. Current projections for disturbance in Parcel "H-2" are below the allowable disturbance limits. The on and off-site subdivision improvements will be shown on forthcoming improvement plans and their construction will be required to be assured prior to Final Plat recordation. L Planning&Zoning Commission Report; S98-28 &CFW98-04 thaw FireRock Country Club Parcel "H-2" December 17, 1998 Page 3 ISSUES: The Subdivision Technical Review Committee met with the applicant to discuss the preliminary design of the subdivision on September 22, 1998. The applicant has made changes to the original subdivision design which was reviewed by the Committee. The Subdivision Technical Review Committee issues are as follows with the applicant's response following: COMMUNITY DEVELOPMENT General Comments pertaining to all five submittals 1. Resubmit plan having a minimum scale of 1" =40' (Sec 203.A.1). Response:All plats have been completely redrafted at the requested scale, incorporating 2 foot topographic contour intervals. 2. Provide the name of the contact person for subdivider and engineer(Sec 203.C.2 & 3). cor Response: The contact for MCO Properties will be Dan Kelly and the contract for DEI, the project engineer, is Jonathon Stansel(954-0038). 3. Tie by course and distance two corners of the subdivision to separate section or quarter section corners on the plat map. Response: Please see the revised preliminary plats. 4. Show minimum setback lines on proposed lots (Sec 203.E.5). Response: Please see the revised preliminary plats. 5. Five (5) foot contours are not adequate for review. Show contours at two (2) foot contours (Sec 303.B.3.6). Proposed grading does not connect into existing contours and is not labeled (by interval or by elevation). Minimum interval is 2'. Without this required information the Town cannot adequately evaluate proposed cut and fill areas. Response: We have had all of the plats redrafted at 40 scale with two foot contour intervals. 6. H.P.E.'s are required on each lot at this time (Sec 203.D.9). H.P.E.'s are also required by the Fire Rock Country Club Area Specific Plan Section 4.2. Development standards Planning&Zoning Commission Report; S98-28 &CFW98-04 FireRock Country Club Parcel "H-2" December 17, 1998 Page 4 subsections 5 & 7 which read as follows: 5) All subsequent plat maps for residential development will be accompanied by the granting of perpetual Hillside Protection Easement (HPE) to the Town for the purpose of defining and preserving all land intended to be natural and undisturbed. 7) No construction will be allowed outside the Development Envelope unless approved by the FRCCCA-COA, and only if the area is not covered by an HPE. Response: We believe that the issue of the timing of the recordation of the Hillside Protection Easements has been clarified by the recent Town Council approval of the FireRock Supplemental Development Agreement. 7. The Town is in possession of the amount of transferable hillside disturbance eligible from the 386 acres in each of the four slope categories as agreed to in the Development Agreement. The Town will track on a project-by-project basis these amounts of internal and external hillside disturbance transfers. It is the responsibility of the developer to leave adequate amounts of allowable hillside disturbance for later subdivisions to allow for their developability. Response: None required. . (Note: Staff and the applicant have arrived at a method of tracking Hillside Disturbance which meets the requirements of the Supplemental Development Agreement) 8. Show locations of sidewalks on plat per section 306.C. Response: We apologize for not disclosing the sidewalk locations on the initial submittal and will do so in accordance with the Subdivision Ordinance requirements and ASP provisions. 9. Cut/Fill slopes extend 105 feet into lots in some places. No cut/fill waivers were approved for parcel roads. Response: We understand that while cut/fill waivers were approved for the backbone roadway system as a part of the Area Specific Plan approval, cut/fill waivers for individual plats will be reviewed on a case by case basis. (Note:Revised plans show much less sever amounts of grading and utilize retaining walls in some cases) 10. Section 503 (D) of The Subdivision Ordinance for the Town of Fountain Hills states: �r Limitations on Cut and Fill. The height of any fill or the depth of any cut area, Planning &Zoning Commission Report; S98-28 & CFW98-04 Lir FireRock Country Club Parcel "H-2" December 17, 1998 Page 5 including grading for the construction of public or private streets, as measured from natural grade, shall not be greater than ten feet regardless of whether the fill or cut is retained, unretained, or a combination thereof... These limitations may be waived by the Town Council. Prior to Town Council approval of the preliminary plat revise the preliminary grading plans to show conformance with this regulation or gain Town Council approval of a waiver or waivers for those cut and/or fills exceeding ten feet. Identify all areas where cut/fill grading in excess of 10 feet is proposed. Response: Please see our response to item 9. above. (Note: There are two areas of greater than 10 feet of cut or fill in Parcel"H-2", CFW98-04) 11. Sections 503 (C), (E) and (F) of The Subdivision Ordinance for the Town of Fountain Hills state: C. Height of Unretained Cut or Fill. If the natural grade or the subdivision finished grade if the property was subdivided or re-subdivided after September 20, 1991, is less than a 10 percent gradient, the maximum amount of unretained fill or cut shall be four feet above/below the natural grade, or subdivision grade. Where the natural grade or the subdivision finished grade if the property was subdivided or re-subdivided after September 20, 1991 has a gradient of 10 percent or more, the maximum amount of unretained fill or cut shall be six feet above/below the natural grade or subdivision finished grade. Any fill or cut grading in excess of these amounts must be contained by retaining walls. E. Maximum Slope of Fill Grading. Any unretained fill slope, if allowed, shall have a maximum three foot horizontal to every one foot vertical fill. The maximum slope of fill for roadway construction shall be at the discretion of the Town Engineer. F. Maximum Slope of Cut Grading. Maximum steepness of exposed cut slopes is dependant on the stability of the material excavated, and shall be prescribed by the Town Engineer. However, exposed cut slopes adjacent to side and rear property lines may be no steeper than three feet horizontal to every one foot vertical. The proposed roadway grading plans are inconsistent with Sections 503 (C), (E) and (F). Revise your roadway grading plans to be in conformance with these regulations. Response: It has never been our understanding that roadway cuts and fills were subject to the provisions of Section 503 (C), however, we fully intend to work with Town staff to Planning&Zoning Commission Report; S98-28 &CFW98-04 FireRock Country Club Parcel "H-2" December 17, 1998 Page 6 properly mitigate the impact of all cut and fill slopes. We will also continue to cooperate with the Town engineer in determining the appropriate slopes for all cuts and fills. (Note: Revised plans show much less sever amounts of grading and utilize retaining walls in some cases) 12. Remove Zoning information not pertaining to "R1-35H" from plat. The approved PUD permits only as many as two (2) flag lots together. Revise plans to comply with Ordinance 97-46. Response: Please see the revised narrative on the preliminary plats. 13. Provide street names for new roads. Response: MCO is currently engaged in developing a community theme and would like to complete this process before naming the individual streets. 14. Corner lots require a no-build easement or comparable easement (Sec 308.F) along street side yards if a non-buildable parcel, easement or additional right-of-way equal to the street side setback of the zoning district or twenty (20) feet, whichever is greater. Provide these easements or parcels of land as required in Sec 303.B.6. Response: The exhibit referenced in the Subdivision Ordinance Section 303.B.6. indicates the this provision applies to side street or rear yards adjacent to Major Collector or Arterial streets. Since we have neither street section within FireRock, I don't understand how this would apply to the subject plats. (Note: Revised plans have the required N.B.E. no build easements, however with the 3rd submittal the configuration of lot 14 has changed and the required N.B.E. needs to be revised) 15. All subdivisions will be replats of the Fire Rock Country Club Master Plat. Reflect this in the subdivision titles. Response:Agreed. 16. Submit documentation (in the form of concept site plans and conceptual Hillside Protection Easement locations) that all proposed lots are buildable without the need of future variances. Show that a single family house can be developed on each of these lots, Parcel G lots 2, 4-7, 10 & 17, Parcel H1 lots 2, 3, & 7, Parcel H2 lots 14, 20 & 21, without a cut/fill waiver, with a driveway not exceeding 18% slope, within the setbacks, and in conformance with Section 504 of The Subdivision Ordinance for the Town of Fountain Hills. Response: We feel that this requirement is difficult to address since we will not be building Planning&Zoning Commission Report; S98-28 &CFW98-04 FireRock Country Club Parcel "H-2" December 17, 1998 Page 7 the individual homes, but we will attempt to provide you with typical designs which will address your concerns. (Note: staff is working with the applicant to obtain examples of development which would not require waivers or variances.) 17. Submit a landscape plan with the improvement plans. Landscape areas should include the unlotted frontages, cul-de-sac bulb ends, median islands, and the downhill face of retaining walls (outside of the lots). All other disturbed areas shall be revegetated. Indicate that these areas will be maintained by a homeowners' association. Response: We will supply landscape plans and ownership information with the final plat and improvement plans. 18. Add a VVNAE along all unlotted street frontages. Response:Agreed. 19. Slope analysis by slope category must include the entire lot area, not just the proposed development envelope. Response: With the procedure for administering the conformance to the Hillside disturbance provisions which was approved in the Supplemental Development Agreement, this requirement seems unnecessary. (Note: Staff and the applicant have arrived at a method of tracking Hillside Disturbance which meets the requirements of the Supplemental Development Agreement) Parcel H-2 33. Remove from title "and a re-subdivision of portions of plats 412-A, 412-B &415". Response: Corrected. 34. What is Tract "B"? P.U.E.? D.E.? Both? Define so that it cannot be considered as an additional lot in the future. Response: Corrected.(Note: Staff recommends a H.P.E. on this lot as well as the depicted 1'NVAE) 35. Dimension on lot 1 along Golf Course is not correct. Response: Corrected. Planning&Zoning Commission Report; S98-28 & CFW98-04 FireRock Country Club Parcel "H-2" December 17, 1998 Page 8 36. 22 lots are proposed on a street section, Hillside Local Road Cul-De-Sac, which only allows for 15 lots (Exhibit I T. of F.H.S.O. Article 111). Response: Ordinance amended by the FireRock Supplemental Development Agreement. 37. Cul-de-sac is approximately 1730 feet long without the smaller stub cul-de-sac. Hillside local Road Cul-De-Sac's cannot exceed 1500 feet in length. Revise. Response: Ordinance amended by the FireRock Supplemental Development Agreement. 38. Recommend redesign of lot 1. Triangular lots tend to be difficult to design a home on for the end user as the location of the rear yard comes into contention. Response: Setback delineation should resolve this concern. 39. Provide a slope analysis map that has property lines and lot number that match the preliminary plat. 411, Response: Corrected. Fountain Hills Fire District: Parcels G, H-2, &J-1 No comment at this time Fountain Hills Engineering Department: General Comments: • Provide soils report with final plat submittal. Response:Agreed. • Submit survey closures for legal description. Response:Agreed. • Tombstone Avenue: Is this supposed to be a hillside local as shown or a minor collector street (a 6' meandering sidewalk along the north side of the street. Any new pavement to be 3" ACon6" AB)? Planning&Zoning Commission Report; S98-28 &CFW98-04 FireRock Country Club Parcel "H-2" December 17, 1998 Page 9 Response: Tombstone Drive and Fire Mountain Road are Local Roads. Palisades is a Minor Collector. FireRock Drive is a Local Road Between Tombstone and Fire Mountain and widens to a Minor Collector between Fire Mountain and Palisades and between Tombstone and Shea. Pavement section will be determined by the soils report and Engineering Department review. • Isn't the new Tombstone right-of-way being dedicated in the Master Plat? If so, don't include in this Plat. If not, full width dedication and construction must be done with the first adjoining plat. Response: The rights-of-way for Tombstone Drive, FireRock Drive, Fire mountain Road and Palisades Boulevard will be dedicated on the FireRock Master Plat. • Access to several lots will exceed the Town standard of 18% max driveway slope. Provide sufficient grading details to prove there is safe and compliant access to those lots, including lots 5-7 and 15-18 in Parcel G, Lots 7-10 in Parcel H1, lots 19-22 in Parcel H2, all lots in Ji except maybe lots 10-15 and 5. Response: Please see our response to Community Development item 16. above. • Explain slope treatment alternatives referenced. Response: We assume that slope treatments will be determined individually based on circumstances present at each location. • Show street names on index map. Response: MCO is currently engaged in developing a community theme and would like to complete this process before naming the individual streets. • Require a note allowing surface drainage to flow lot to lot. Response:Added. • Show all easements (Public Utility (PUE); Drainage (DE); Sidewalk (SWE, etc). Response:Agreed. • Provide a legend. ,r Response:Agreed. Planning&Zoning Commission Report; S98-28 &CFW98-04 FireRock Country Club Parcel "H-2" December 17, 1998 Page 10 • Plat bearings and distances are to match legal descriptions. Response:Agreed. • Label existing and proposed services (sewer, water, fire hydrants, etc) and show sidewalk and pedestrian ramp locations. Response:Agreed. • Provide three (3) valves at all water main tees and four (4) valves at all crosses. Response:Agreed. Specific Comments -Parcel H2 • Clarify road grading and slopes adjacent to lot frontages. Show road elevations at 2' contours. Show cross-sections where indicated. Show road % slopes. Response:Agreed. • Show all easements. Show catch basins and pipe locations (culverts CIO and CII). Response:Agreed. • Provide an 8" water main line in place of 6" line. Response: We will discuss this request with CCWC. • Provide a 20' wide sewer easements. Response:Agreed. • Show vehicular sight easements along FireRock Country Club Drive (25 mph hillside collector and 20 mph hillside local street). Response: FireRock Drive is a local road at this location and we will provide all necessary sight easements. Of all of these comments the few remaining issues to be resolved are as follows and are recommended as stipulations: Planning&Zoning Commission Report; S98-28 &CFW98-04 Liv FireRock Country Club Parcel "H-2" December 17, 1998 Page 11 1. Place a H.P.E. on Tract"B" 2. Submit a landscape plan with the improvement plans. Landscape areas should include the unlotted frontages, cul-de-sac bulb ends, median islands, and the downhill face of retaining walls (outside of the lots). All other disturbed areas shall be revegetated. Indicate that these areas will be maintained by a homeowners' association. 3. Submit documentation (in the form of concept site) that all proposed lots are buildable without the need of future variances. Show that a single family house can be developed on proposed lots without a cut/fill waiver, with a driveway not exceeding 18% slope, within the setbacks, and in conformance with Section 504 of The Subdivision Ordinance for the Town of Fountain Hills The Engineering Department recommends the following stipulations: 1. Provide a street cross-section for FireRock Country Club Drive. Any new pavement to be 3" AC on 6" AB (minimum). Revise the road cross sections to comply with the Town Engineer's slope design criteria. 2. Provide for a 5' wide sidewalk along the north side of the internal short cul-de-sac with a pedestrian ramp at the street intersection (NE corner). 3. Show catch basins and pipe locations (culverts C 10 and C 11). 4. Provide an 8" water main line within the long cul-de-sac's. Cut and Fill Waiver The applicant is proposing a fill of 10.2 feet and cut of 11.4 feet in two places. These proposed waivers are two meet the requirement of a 20 mph sight distance requirement for the roads. The applicant states that they have minimized the cut and fill areas by realigning roadways, vertically and horizontally, rearranged lots and access to lots, add retaining walls and cross fall streets. Specifically the cuts are located in the roadway adjacent to lots, 7 & 8 and lot 17. The area of the requested cut is in previously undisturbed areas of the FireRock area, however these cuts are relatively small and are in conjunction with cul-de-sacs located at the rear of the project. Due to the fact that the requested cuts are in an area which will not be seen from Shea Blvd. and are for the roadway construction, staff recommended that the Commission recommend approval of these two waivers. L Planning&Zoning Commission Report; S98-28 &CFW98-04 FireRock Country Club Parcel "H-2" December 17, 1998 Page 12 Planning and Zoning Commission: The Planning and Zoning Commission reviewed these applications at the December 10, 1998 Planning and Zoning Commission Meeting. Staff advised that they recommended approval of the applications as stipulated and that the applicant was in agreement with the recommended stipulations. The Commission did have questions regarding the Cut and Fill waivers. Chairwomen Fraverd wanted to be sure that the waivers were the minimum necessary to construct the project and that the waivers were not for convenience. Staff assured the Commission that the requests for the Cut and Fill waivers had been minimized and were to meet the 20 mph sight visibility requirements for Engineering. The Planning and Zoning Commission unanimously recommended approval of this preliminary plat and the requested Cut and Fill waiver with staff stipulations. Recommendation Based on the FireRock Country Club Area Specific Plan land use designation, the current zoning, and the proposed subdivision design, the Planning and Zoning Commission recommends that the Town Council approve the Preliminary Plat for the FireRock Country Club Parcel "H-2" subdivision and the Cut and Fill Waiver, subject to the following stipulations: 1. Place a H.P.E. on Tract "B" 2. Submit a landscape plan with the improvement plans. Landscape areas should include the unlotted frontages, cul-de-sac bulb ends, median islands, and the downhill face of retaining walls (outside of the lots). All other disturbed areas shall be revegetated. Indicate that these areas will be maintained by a homeowners' association. 3. Submit documentation (in the form of concept site) that all proposed lots are buildable without the need of future variances. Show that a single family house can be developed on proposed lots without a cut/fill waiver, with a driveway not exceeding 18% slope, within the setbacks, and in conformance with Section 504 of The Subdivision Ordinance for the Town of Fountain Hills 5. Provide a street cross-section for FireRock Country Club Drive. Any new pavement to be 3" AC on 6" AB (minimum). Revise the road cross sections to comply with the Town Engineer's slope design criteria. 6. Provide for a 5' wide sidewalk along the north side of the internal short cul-de-sac with a pedestrian ramp at the street intersection (NE corner). 7. Show catch basins and pipe locations (culverts C 10 and C 11). 8. Provide an 8" water main line within the long cul-de-sac's. L OkIAIN Bi — 'a— z TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT Date Filed Fee Paid �c� Accepted By July 22 . 1998 _ �0 — ( Plat Name/Number U FireRock Country Club - Parcel H2 Parcel Size Number of Lots 22.09 Acres 22 Number of Tracts Zoning one ( 1 ) _ R1-35 PUD General Plan Land Use Designation SF/L 1-2 Density Requested (Dwelling Units Per Acre) 1 .00 dwelling units per acre Applicant Day Phone Mike Snodgrass 816-1916 Address City ST Zip 16838 East Palisades Boulevard Fountain Hills AZ 85268 Owner Day Phone MCO Properties , Inc. 837-9660 Address City ST Zip 16838 East Palisades Boulevard Fountain Hills AZ 85268 Attachments (Please list) Signature of Owner I HERBY AUTHORIZE (Please Print) Date Mike Snodgrass July 22, 1998 TO FILE THIS APPLICATION. Subscr d and sworn before me this 2 2 nd day of July , 1998�� `e. GABRI�[)E • Expires Gad, aivoa Notary Public 7,_ NOTARY PUBUC_Af NA r.. 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C 2 1— •.8ffi 7- E koF1S '`€ Q A 1— - .. q �( 3 II �i 3 pi 15 0 F H Q• 3 }$, _ mill ^ g a -• sK 5 ;X ll g xSgg g�:r; _ _ cA9 ,,g, S - 3 • F�oa g c b. c 3, i.s a a'r F a�23 6 61 � g I 1, I g r, me 3g �y. _ 4i,, j : gf 1 < isa I ,. o� i ' � , .,,, ,Li'4 s ! f: 4 I y iy�; ci 5 3 � — '.3�'1�'^ ' a I -' s S - , , �/ ry I- 5 6 4Q \..1111, 1\ u 11�, y +� 41S V "I Staff Report; S98-037 & CFW98-03 FireRock Country Club Parcel "I" December 10, 1998 Page 10 Response:Agreed. We will need to verify the line size during engineering stage. 5. Show proposed pipe size for all sewer lines. The sewer line near Lots 6 and 10 may be -± 15 feet deep. Response:Agreed. 6. Vehicular sight easements are required for Parcel J2 frontage along FireRock Country Club Drive (25 mph hillside collector- see plat). Response: Please see the revised preliminary plat. 7. Isn't the new FireRock Country Club Drive right-of-way being dedicated in the Master Plat? If so, don't include in this Plat. If not, full width dedication and construction must be done with the first adjoining plat Response: The FireRock Master Final Plat will contain the road dedication for FireRock thiw Drive. Drainage Report 1. Revise text material as shown. Revise "Table of Flows"- include Culvert C5. 2. Drainage exhibit comments: • Show Q's (10 year, 100 year) for all drainage sub-basins areas and for each street and for all identifiable washes. • Washes with flows (Q100) greater than 15 CFS need to be contained within a drainage easement (D.E.). • Show all catch basins (sizes) and pipe (sizes) used to intercept street flow. There is proposed 1 (30" CMP) C5. Show all concentration points (with Q's) in street and show intercepted and flow by flows. • All culverts and channels (>1 5 CFS) to be contained within drainage easement (D.E.). • Show drainage channel/culvert for cul-de-sac flows. • Show street contour elevations at 2' increments. • Show drainage arrows within the street. • Show all drainage easements, flow data and structures on a revised "Drainage" exhibit. 3 Clarify the quantity (Q) of drainage flows within FireRock Country Club Drive and the cul-de-sac and how and where these flows discharge. Show location of any proposed new catch basins and culverts within the cul-de-sac street and how water is diverted down to 1/4116, Culvert C5. Suggest placing catch basins/pipe system near Lots 2 and 15 and pipe intercepted flow to Culvert C5. Also clarify how water is intercepted at the FireRock Staff Report; S98-037 &CFW98-03 FireRock Country Club Parcel "I" December 10, 1998 Page 11 Country Club Drive and cul-de-sac intersection and where it discharges. Should catch basins be placed above C5 Culvert?Where does the flow go from the end of the cul-de- sac? Provide a drainage easement along Lots 8 or 9. 4. Revise street hydraulics calc per street design standards. Show street cross sections. 5. Submit calcs and details for all channel designs, culverts, and catch basins. (Show Q- intercepted and 0 flow-by.) 6. You should use a Tc of 10 minimum for calculations using the rational method. 7. Submit the final drainage report for Town approval with improvement plans. Response To all Drainage Items: As agreed all drainage issues will be engineered and submitted with the final improvement plans. Of all of these comments the few remaining issues to be resolved are as follows and are recommended as stipulations: 1. Place a H.P.E. on Tract"B" 2. Submit a landscape plan with the improvement plans. Landscape areas should include the unlotted frontages, cul-de-sac bulb ends, median islands, and the downhill face of retaining walls (outside of the lots). All other disturbed areas shall be revegetated. Indicate that these areas will be maintained by a homeowners' association. 3. Submit documentation (in the form of concept site) that all proposed lots are buildable without the need of future variances. Show that a single family house can be developed on proposed lots without a cut/fill waiver, with a driveway not exceeding 18% slope, within the setbacks, and in conformance with Section 504 of The Subdivision Ordinance for the Town of Fountain Hills 4. Add 1 hydrant between lots 1 & 2. Engineering Department recommends the following stipulations: 1. Provide a street cross-section for FireRock Country Club Drive. Any new pavement to be 3" AC on 6" AB (minimum). Revise the road cross sections to comply with the Town Engineer's slope design criteria. 2. Final improvement plans (grading and drainage) are to provide sufficient detail to prove that there is safe and compliant access to all steep lots but specifically to Lots 1, 7, 11, and 15. Suggest the use of retaining walls and/or rock cut (sliver cut) for Lot 5 frontage grading. 3. Provide a 12" water main line within FireRock Country Club Drive and an 8" water line main within the cul-de-sac. 4. Provide pipe size for all sewer lines. Planning &Zoning Commission Report; S98-037 &CFW98-03 FireRock Country Club Parcel "F' December 17, 1998 Page 12 Cut and Fill Waiver The applicant is proposing cuts of 11.5 feet and 14.8 feet in two places. These proposed waivers are to meet the requirement of a 20 mph sight distance requirement for the roads. The applicant states that they have minimized the cut and fill areas by realigning roadways, vertically and horizontally, rearranged lots and access to lots, add retaining walls and cross fall streets. Specifically the cuts are located in the roadway adjacent to lots 5, 6, 8, & 9. The area of the requested cut is in previously undisturbed areas of the FireRock area, however the two cuts are relatively small and are in conjunction with the cul-de-sac located at the rear of the project. Due to the fact that the requested cuts are in an area which will not be seen from Shea Blvd. and are for the roadway construction, staff recommended that the Commission recommend approval of these three waivers. Planning and Zoning Commission: The Planning and Zoning Commission reviewed these applications at the December 10, 1998 Planning and Zoning Commission Meeting. Staff advised that they recommended approval of the applications as stipulated and that the applicant was in agreement with the recommended stipulations. The Commission did have questions regarding the Cut and Fill waivers. Chairwomen Fraverd wanted to be sure that the waivers were the minimum necessary to construct the project and that the waivers were not for convenience. Staff assured the Commission that the requests for the Cut and Fill waivers had been minimized and were to meet the 20 mph sight visibility requirements for Engineering. The Planning and Zoning Commission unanimously recommended approval of this preliminary plat and the requested Cut and Fill waiver with staff stipulations. Recommendation Based on the FireRock Country Club Area Specific Plan land use designation, the current zoning, and the proposed subdivision design, the Planning and Zoning Commission recommends that the Town Council approve the Preliminary Plat for the FireRock Country Club Parcel "F' subdivision and the Cut and Fill Waiver, subject to the following stipulations: 1. Place a H.P.E. on Tract "B" 2. Submit a landscape plan with the improvement plans. Landscape areas should include the unlotted frontages, cul-de-sac bulb ends, median islands, and the downhill face of retaining walls (outside of the lots). All other disturbed areas shall be revegetated. Indicate that these areas will be maintained by a homeowners' association. 3. Submit documentation (in the form of concept site) that all proposed lots are buildable without the need of future variances. Show that a single family house can be developed on Staff Report; S98-037 &CFW98-03 FireRock Country Club Parcel "r' December 10, 1998 Page 13 within the cul-de-sac. 8. Provide pipe size for all sewer lines. L • V. TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT Date Filed Fee Paid (-7 I St) Accepted September 23, 1998 U Plat Name/Number • Parcel I , FireRock Country Club Parcel Size Number of Lots 39.64 acres 20 Number of Tracts Zoning One R1-35H-RID General Plan Land Use Designation SF/L 1-2 Density Requested(Dwelling Units Per Acre) .50 Applicant Day Phone IVE0 Properties Inc. 602/837-9660 Address City ST Zip 16838 E. Palisades Boulevard Fountain Hills AZ 85268 4/60 Owner Day Phone Same Address City ST Zip Attachments(Please list) Sign ture of w - I HERBY AUTHORIZE(Please Print) Date N/A VZG e he-5 1 TO FILE THIS APPLICATION. Subscribed and sworn before me this day of , 19 My Commission Expires Notary Public (Seal) TFH Case Number Fee Schedule Attached Loy spa- Q3c7 �. 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REQUEST: Consideration of the Preliminary Plat of FireRock Country Club Parcel "J-1" Subdivision, which is a 17.0 acre, 19 lot, 1 tract subdivision. DESCRIPTION: OWNER: Fire Rock L.L.C. APPLICANT: Dan Kelly for Fire Rock L.L.C. EXISTING ZONING: "R1-35 P.U.D." PARCEL SIZE: 10.82 Acres PROPOSED NUMBER OF LOTS: 9 lots, 1 tract SURROUNDING LAND USES AND ZONING: NORTH: Vacant, zoned "R1-35 P.U.D." (F.C.C.A.S.P.) SOUTH: Vacant, zoned "R1-35 P.U.D." (F.C.C.A.S.P.) EAST: Vacant, zoned "R1-35 P.U.D." (F.C.C.A.S.P.) WEST: Vacant, zoned "OSR P.U.D." (F.C.C.A.S.P.) SUMMARY: This request by FireRock L.L.C. is for approval of the Preliminary Plat for the FireRock Country Club Parcel "J-1" Subdivision located west of the proposed FireRock Country Club Drive, located within the FireRock Country Club Area Specific Plan (F.C.C.A.S.P.) The following staff report will review several aspects of the project, including the following: 1. A review of the FireRock Country Club Area Specific Plan, and the development's conformance with this plan. 2. The subdivision's design and its conformance with the Subdivision Ordinance and the Zoning Ordinance. Conformance with Fire Rock Country Club Area Specific Plan: The adopted General Plan Land Use Map was amended by GPA 97-01; Fire Rock Country Club Now Area Specific Plan. This area was designated for "Single-Family/Low" density land uses, with a Planning&Zoning Commission Report; S98-029 FireRock Country Club Parcel "J-1" December 17, 1998 Page 2 unit range of 18-36 units and a proposed unit count of 19 units. Parcel "J-1" proposes 19 lots as per the adopted plan. After staffs review of the proposed Preliminary Plat Fire Rock Country Club Parcel "J-1" Subdivision, and the FireRock Country Club Area Specific Plan, staff believes that the proposed subdivision is in conformance with the FireRock Country Club Area Specific Plan. Subdivision Design GENERAL DESCRIPTION: The topography of the property for Parcel "J-1" is sloping hillside with areas of moderate to severe slopes, (exceeding 25%) with few areas under 10%. Slopes of 10-20% are located at the end of the proposed cul-de-sac. The subdivision proposes one new internal cul-de-sac street off of the future FireRock Country Club Drive. All of the lots meet the "R1-35 P.U.D." zoning district's lot dimension requirements, including those for size and lot width. GRADING: The proposed subdivision complies with the Land Disturbance Standards of the Supplemental Development Agreement for FireRock Country Club. The applicant is providing projected disturbance limits on a lot by lot basis. The Supplemental Development Agreement for FireRock Country Club allows the applicant to provide the required amount of non-disturbance required by the subdivision ordinance in any slope category. Therefore the applicant has conducted a hillside analysis by slope bands and has determined the amount of required preservation. This amount will be distributed on each lot on the Final Plat. The numbers provided by the applicant are their current projected allocations for the disturbance area's lot by lot. Current projections for disturbance in Parcel "J-1" are below the allowable disturbance limits. The on and off-site subdivision improvements will be shown on forthcoming improvement plans and their construction will be required to be assured prior to Final Plat recordation. ISSUES: The Subdivision Technical Review Committee met with the applicant to discuss the preliminary design of the subdivision on September 22, 1998. The applicant has made changes to the original subdivision design which was reviewed by the Committee. The Subdivision Technical Review Committee issues are as follows with the applicant's response following: Planning&Zoning Commission Report; S98-029 thw FireRock Country Club Parcel "J-1" December 17, 1998 Page 3 COMMUNITY DEVELOPMENT General Comments pertaining to all five submittals 1. Resubmit plan having a minimum scale of 1" =40' (Sec 203.A.1). Response:All plats have been completely redrafted at the requested scale, incorporating 2 foot topographic contour intervals. 2. Provide the name of the contact person for subdivider and engineer (Sec 203.C.2 & 3). Response: The contact for MCO Properties will be Dan Kelly and the contract for DEI, the project engineer, is Jonathon Stansel(954-0038). 3. Tie by course and distance two corners of the subdivision to separate section or quarter section corners on the plat map. Response: Please see the revised preliminary plats. 4. Show minimum setback lines on proposed lots (Sec 203.E.5). Response: Please see the revised preliminary plats. 5. Five (5) foot contours are not adequate for review. Show contours at two (2) foot contours (Sec 303.B.3.6). Proposed grading does not connect into existing contours and is not labeled (by interval or by elevation). Minimum interval is 2'. Without this required information the Town cannot adequately evaluate proposed cut and fill areas. Response: We have had all of the plats redrafted at 40 scale with two foot contour intervals. 6. H.P.E.'s are required on each lot at this time (Sec 203.D.9). H.P.E.'s are also required by the Fire Rock Country Club Area Specific Plan Section 4.2. Development standards subsections 5 &7 which read as follows: 5) All subsequent plat maps for residential development will be accompanied by the granting of perpetual Hillside Protection Easement (HPE) to the Town for the purpose of defining and preserving all land intended to be natural and undisturbed. 7) No construction will be allowed outside the Development Envelope unless approved by the FRCCCA-COA, and only if the area is not covered by an HPE. Planning&Zoning Commission Report; S98-029 FireRock Country Club Parcel "J-1" December 17, 1998 Page 4 Response: We believe that the issue of the timing of the recordation of the Hillside Protection Easements has been clarified by the recent Town Council approval of the FireRock Supplemental Development Agreement. 7. The Town is in possession of the amount of transferable hillside disturbance eligible from the 386 acres in each of the four slope categories as agreed to in the Development Agreement. The Town will track on a project-by-project basis these amounts of internal and external hillside disturbance transfers. It is the responsibility of the developer to leave adequate amounts of allowable hillside disturbance for later subdivisions to allow for their developability. Response: None required. . (Note: Staff and the applicant have arrived at a method of tracking Hillside Disturbance which meets the requirements of the Supplemental Development Agreement) 8. Show locations of sidewalks on plat per section 306.C. ,. Response: We apologize for not disclosing the sidewalk locations on the initial submittal and will do so in accordance with the Subdivision Ordinance requirements and ASP provisions. 9. Cut/Fill slopes extend 105 feet into lots in some places. No cut/fill waivers were approved for parcel roads. Response: We understand that while cut/fill waivers were approved for the backbone roadway system as a part of the Area Specific Plan approval, cut/fill waivers for individual plats will be reviewed on a case by case basis. (Note:Revised plans show much less sever amounts of grading and utilize retaining walls in some cases) 10. Section 503 (D) of The Subdivision Ordinance for the Town of Fountain Hills states: Limitations on Cut and Fill. The height of any fill or the depth of any cut area, including grading for the construction of public or private streets, as measured from natural grade, shall not be greater than ten feet regardless of whether the fill or cut is retained, unretained, or a combination thereof... These limitations may be waived by the Town Council. Prior to Town Council approval of the preliminary plat revise the preliminary grading plans to show conformance with this regulation or gain Town Council approval of a waiver or waivers for those cut and/or fills exceeding ten feet. Planning&Zoning Commission Report; S98-029 FireRock Country Club Parcel "J-1" December 17, 1998 Page 5 Identify all areas where cut/fill grading in excess of 10 feet is proposed. Response: Please see our response to item 9. above. (Note: There are no areas of greater than 10 feet of cut or fill in Parcel"H-1") 11. Sections 503 (C), (E) and (F) of The Subdivision Ordinance for the Town of Fountain Hills state: C. Height of Unretained Cut or Fill. If the natural grade or the subdivision finished grade if the property was subdivided or re-subdivided after September 20, 1991, is less than a 10 percent gradient, the maximum amount of unretained fill or cut shall be four feet above/below the natural grade, or subdivision grade. Where the natural grade or the subdivision finished grade if the property was subdivided or re-subdivided after September 20, 1991 has a gradient of 10 percent or more, the maximum amount of unretained fill or cut shall be six feet above/below the natural grade or subdivision finished grade. Any fill or cut grading in excess of these amounts must be contained by retaining walls. E. Maximum Slope of Fill Grading. Any unretained fill slope, if allowed, shall have a maximum three foot horizontal to every one foot vertical fill. The maximum slope of fill for roadway construction shall be at the discretion of the Town Engineer. F. Maximum Slope of Cut Grading. Maximum steepness of exposed cut slopes is dependant on the stability of the material excavated, and shall be prescribed by the Town Engineer. However, exposed cut slopes adjacent to side and rear property lines may be no steeper than three feet horizontal to every one foot vertical. The proposed roadway grading plans are inconsistent with Sections 503 (C), (E) and (F). Revise your roadway grading plans to be in conformance with these regulations. Response: It has never been our understanding that roadway cuts and fills were subject to the provisions of Section 503 (C), however, we fully intend to work with Town staff to properly mitigate the impact of all cut and fill slopes. We will also continue to cooperate with the Town engineer in determining the appropriate slopes for all cuts and fills. (Note: Revised plans show much less sever amounts of grading) 12. Remove Zoning information not pertaining to "R1-35H" from plat. The approved PUD permits only as many as two (2) flag lots together. Revise plans to comply with Ordinance 97-46. Planning&Zoning Commission Report; S98-029 FireRock Country Club Parcel "J-1" December 17, 1998 Page 6 Response: Please see the revised narrative on the preliminary plats. 13. Provide street names for new roads. Response: MCO is currently engaged in developing a community theme and would like to complete this process before naming the individual streets. 14. Corner lots require a no-build easement or comparable easement (Sec 308.F) along street side yards if a non-buildable parcel, easement or additional right-of-way equal to the street side setback of the zoning district or twenty (20) feet, whichever is greater. Provide these easements or parcels of land as required in Sec 303.B.6. Response: The exhibit referenced in the Subdivision Ordinance Section 303.B.6. indicates the this provision applies to side street or rear yards adjacent to Major Collector or Arterial streets. Since we have neither street section within FireRock, I don't understand how this would apply to the subject plats. (Note: Revised plans have the required N.B.E., no build easement) thir 15. All subdivisions will be replats of the Fire Rock Country Club Master Plat. Reflect this in the subdivision titles. Response:Agreed. 16. Submit documentation (in the form of concept site plans and conceptual Hillside Protection Easement locations) that all proposed lots are buildable without the need of future variances. Show that a single family house can be developed on each of these lots, Parcel G lots 2, 4-7, 10 & 17, Parcel H1 lots 2, 3, & 7, Parcel H2 lots 14, 20 & 21, without a cut/fill waiver, with a driveway not exceeding 18% slope, within the setbacks, and in conformance with Section 504 of The Subdivision Ordinance for the Town of Fountain Hills. Response: We feel that this requirement is difficult to address since we will not be building the individual homes, but we will attempt to provide you with typical designs which will address your concerns. (Note: staff is working with the applicant to obtain examples of development which would not require waivers or variances.) 17. Submit a landscape plan with the improvement plans. Landscape areas should include the unlotted frontages, cul-de-sac bulb ends, median islands, and the downhill face of retaining walls (outside of the lots). All other disturbed areas shall be revegetated. Indicate that these areas will be maintained by a homeowners' association. Response: We will supply landscape plans and ownership information with the final plat Planning&Zoning Commission Report; S98-029 FireRock Country Club Parcel "J-1" December 17, 1998 Page 7 and improvement plans. 18. Add a VVNAE along all unlotted street frontages. Response:Agreed. 19. Slope analysis by slope category must include the entire lot area, not just the proposed development envelope. Response: With the procedure for administering the conformance to the Hillside disturbance provisions which was approved in the Supplemental Development Agreement, this requirement seems unnecessary. (Note: Staff and the applicant have arrived at a method of tracking Hillside Disturbance which meets the requirements of the Supplemental Development Agreement) Parcel J-1 31. Remove from title "and a re-subdivision of portions of plats 412-A, 412-B & 415"'. titir Response: Corrected. 32. 19 lots are proposed on this Hillside Local Road Cul-De-Sac, which only allows for 15 lots (Exhibit 1 T. of F.H.S.O. Article 111). Response: Ordinance amended by the FireRock Supplemental Development Agreement. Fountain Hills Fire District: Parcels G, H-2, &J-1 No comment at this time Fountain Hills Engineering Department: General Comments: • Provide soils report with final plat submittal. Response:Agreed. • Submit survey closures for legal description. (kw Response:Agreed. Planning&Zoning Commission Report; S98-029 FireRock Country Club Parcel "J-1" December 17, 1998 Page 8 • Tombstone Avenue: Is this supposed to be a hillside local as shown or a minor collector street (a 6' meandering sidewalk along the north side of the street. Any new pavement to be 3" AC on 6" AB)? Response: Tombstone Drive and Fire Mountain Road are Local Roads. Palisades is a Minor Collector. FireRock Drive is a Local Road Between Tombstone and Fire Mountain and widens to a Minor Collector between Fire Mountain and Palisades and between Tombstone and Shea. Pavement section will be determined by the soils report and Engineering Department review. • Isn't the new Tombstone right-of-way being dedicated in the Master Plat? If so, don't include in this Plat. If not, full width dedication and construction must be done with the first adjoining plat. Response: The rights-of-way for Tombstone Drive, FireRock Drive, Fire mountain Road and Palisades Boulevard will be dedicated on the FireRock Master Plat. • Access to several lots will exceed the Town standard of 18% max driveway slope. Provide sufficient grading details to prove there is safe and compliant access to those lots, including lots 5-7 and 15-18 in Parcel G, Lots 7-10 in Parcel H 1, lots 19-22 in Parcel H2, all lots in J 1 except maybe lots 10-15 and 5. Response: Please see our response to Community Development item 16. above. • Explain slope treatment alternatives referenced. Response: We assume that slope treatments will be determined individually based on circumstances present at each location. • Show street names on index map. Response: MCO is currently engaged in developing a community theme and would like to complete this process before naming the individual streets. • Require a note allowing surface drainage to flow lot to lot. Response:Added. • Show all easements (Public Utility (PUE); Drainage (DE); Sidewalk (SWE, etc). Planning&Zoning Commission Report; S98-029 FireRock Country Club Parcel "J-1" December 17, 1998 Page 9 Response:Agreed. • Provide a legend. Response:Agreed. • Plat bearings and distances are to match legal descriptions. Response:Agreed. • Label existing and proposed services (sewer, water, fire hydrants, etc) and show sidewalk and pedestrian ramp locations. Response:Agreed. • Provide three (3) valves at all water main tees and four (4) valves at all crosses. Response:Agreed. Specific Comments - Parcel J1 • Provide a fire hydrant at the end of the cul-de-sac. Response: Ee have designed fire hydrant locations at 1,000 foot spacing (no more than 500 feet from any lot) in accordance with our understanding of the Fire District's criteria. • Show water line end connection. Response:Agreed. • Provide an 8" water main line in place of the 6" size within the cul-de-sac. Response: We will discuss this request with CCWC. • Provide a 20' minimum width sewer easement along Lot 10 south property line. Response:Agreed. • Show drainage easement within Lot 10 for 42" CMP. Response:Agreed. • Provide vehicular sight easements where indicated (25 mph - hillside collector). Planning&Zoning Commission Report; S98-029 FireRock Country Club Parcel "J-1" December 17, 1998 Page 10 Response: We will provide all necessary sight easements. • Provide slope easements along FireRock Country Club Drive for road grading slopes on Lots 1 and 19. Response:Agreed. • Provide VVNAE along FireRock Country Club Drive by Lots 1 and 19 frontages. Response:Agreed. Of all of these comments the few remaining issues to be resolved are as follows and are recommended as stipulations: 1. Submit a landscape plan with the improvement plans. Landscape areas should include the unlotted frontages, cul-de-sac bulb ends, median islands, and the downhill face of retaining walls (outside of the lots). All other disturbed areas shall be revegetated. Indicate that these areas will be maintained by a homeowners' association. 2. Submit documentation (in the form of concept site) that all proposed lots are buildable without the need of future variances. Show that a single family house can be developed on proposed lots without a cut/fill waiver, with a driveway not exceeding 18% slope, within the setbacks, and in conformance with Section 504 of The Subdivision Ordinance for the Town of Fountain Hills Engineering Department recommends the following stipulations; 1. Provide the minor collector street cross-section for FireRock Country Club Drive showing a 6' wide meandering sidewalk. Revise the road cross sections to comply with the Town Engineer's slope design criteria. 2. Provide an 8" water main line within the cul-de-sac. Planning and Zoning Commission: The Planning and Zoning Commission reviewed this application at the December 10, 1998 Planning and Zoning Commission Meeting. Staff advised that they recommended approval of the application as stipulated and that the applicant was in agreement with the recommended stipulations. The Planning and Zoning Commission unanimously recommended approval of this preliminary plat with staff stipulations. L Planning&Zoning Commission Report; S98-029 FireRock Country Club Parcel "J-1" December 17, 1998 Page 11 Recommendation Based on the FireRock Country Club Area Specific Plan land use designation, the current zoning, and the proposed subdivision design, staff recommends that the Planning and Zoning Commission recommend approval the Preliminary Plat for the FireRock Country Club Parcel "J-1" subdivision, subject to the following stipulations: 1. Submit a landscape plan with the improvement plans. Landscape areas should include the unlotted frontages, cul-de-sac bulb ends, median islands, and the downhill face of retaining walls (outside of the lots). All other disturbed areas shall be revegetated. Indicate that these areas will be maintained by a homeowners' association. 2. Submit documentation (in the form of concept site) that all proposed lots are buildable without the need of future variances. Show that a single family house can be developed on proposed lots without a cut/fill waiver, with a driveway not exceeding 18% slope, within the setbacks, and in conformance with Section 504 of The Subdivision Ordinance for the Town of Fountain Hills 3. Provide the minor collector street cross-section for FireRock Country Club Drive showing a 6' wide meandering sidewalk. Revise the road cross sections to comply with the Town Engineer's slope design criteria. 4. Provide an 8" water main line within the cul-de-sac. L -Wtv • • l TOWN OF FOUNTAIN HILLS` COMMUNITY DEVELOPMENT DEPARTMENT Date Filed Fee Paid p o Accepted B , July 22, 1998 0 36 fp t�r`"' Plat Name/Number FireRock Country Club - Parcel J1 Parcel Size Number of Lots 18 . 48 19 Number of Tracts Zoning One ( 1 ) R1-35 PUD General Plan Land Use Designation SF/L 1-2 Density Requested(Dwelling Units Per Acre) 1 .03 dwelling units per acre Applicant Day Phone Mike Snodgrass 816-1416 Address City ST Zip 16838 East Palisades Boulevard Fountain Hills AZ 85268 Owner Day Phone MCO Properties , Inc. 837-9660 Address City ST Zip 16838 East Palisades Boulevard Fountain Hills AZ 85268 Attachments(Please list) Signature of Owner I HERBY AUTHORIZE (Please Print) Date Mike Snodgrass July 22 , 1998 TO FILE THIS APPLICATION. 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REQUEST: Consideration of the Preliminary Plat of FireRock Country Club Parcel "J-2" Subdivision, which is a 38.10 acre, 31 lot, 6 tract subdivision and a Cut and Fill waiver for a 10.5 foot, 10.3 foot and a 18.1 foot cut. DESCRIPTION: OWNER: Fire Rock L.L.C. APPLICANT: Dan Kelly for Fire Rock L.L.C. EXISTING ZONING: "R1-35 P.U.D." PARCEL SIZE: 38.10 Acres PROPOSED NUMBER OF LOTS: 31 lots, 6 tracts SURROUNDING LAND USES AND ZONING: NORTH: Vacant,zoned "OSR P.U.D." (F.C.C.A.S.P.) SOUTH: Vacant, zoned "R1-35 P.U.D." (F.C.C.A.S.P.) EAST: Vacant; zoned "OSR P.U.D." (F.C.C.A.S.P.) WEST: Vacant, zoned "OSR P.U.D." (F.C.C.A.S.P.) SUMMARY: This request by FireRock L.L.C. is for approval of the Preliminary Plat for the FireRock Country Club Parcel "J-2" Subdivision and a Cut and Fill waiver for a 10.5 foot, 10.3 foot and a 18.1 foot cut. located north of FireRock Country Club Drive. The following staff report will review several aspects of the project, including the following: 1. A review of the FireRock Country Club Area Specific Plan, and the development's conformance with this plan. 2. The subdivision's design and its conformance with the Subdivision Ordinance and the Zoning Ordinance. 3. The request for a Cut and Fill waiver for a 10.5 foot, 10.3 foot and a 18.1 foot cut. L Planning&Zoning Commission Report; S98-038 &CFW98-02 FireRock Country Club Parcel "J-2" December 17, 1998 Page 2 Conformance with Fire Rock Country Club Area Specific Plan: The adopted General Plan Land Use Map was amended by GPA 97-01; Fire Rock Country Club Area Specific Plan. This area was designated for "Single-Family/Low" density land uses, with a unit range of 39-78 units and a proposed unit count of 32 units. Parcel "J-2"proposes 31 lots. The proposed preliminary plat is in conformance with the FireRock Country Club Area Specific Plan and the adopted development agreements. After staffs review of the proposed Preliminary Plat Fire Rock Country Club Parcel "J-2" Subdivision, and the FireRock Country Club Area Specific Plan, staff believes that the proposed subdivision is in conformance with the FireRock Country Club Area Specific Plan. Subdivision Design GENERAL DESCRIPTION: The topography of the property for Parcel "J-2" is sloping hillside with areas of moderate to severe slopes, (exceeding 25%). Slopes of 20-30% and 30%+ are predominate in the proposed subdivision. There are few areas of less than 10% and 10-20% slopes, these are located in lots 1-5 and lot 14. The subdivision proposes two new cul-de-sac street off of the future FireRock Country Club Drive. All of the lots meet the "R1-35 P.U.D." zoning district's lot dimension requirements, including those for size and lot width. GRADING: The proposed subdivision complies with the Land Disturbance Standards of the Supplemental Development Agreement for FireRock Country Club. The applicant is providing projected disturbance limits on a lot by lot basis. The Supplemental Development Agreement for FireRock Country Club allows the applicant to provide the required amount of non-disturbance required by the subdivision ordinance in any slope category. Therefore the applicant has conducted a hillside analysis by slope bands and has determined the amount of required preservation. This amount will be distributed on each lot on the Final Plat. The numbers provided by the applicant are their current projected allocations for the disturbance area's lot by lot. Current projections for disturbance in Parcel "J-2" are below the allowable disturbance limits. The on and off-site subdivision improvements will be shown on forthcoming improvement plans and their construction will be required to be assured prior to Final Plat recordation. ISSUES: ,,,,, The Subdivision Technical Review Committee met with the applicant to discuss the preliminary Planning&Zoning Commission Report; S98-038 &CFW98-02 FireRock Country Club Parcel "J-2" December 17, 1998 Page 3 design of the subdivision on October 22, 1998. The applicant has made changes to the original subdivision design which was reviewed by the Committee. The Subdivision Technical Review Committee issues are as follows with the applicant's response following: Community Development Department: General Comments pertaining to all five submittals 1 Resubmit plan having a minimum scale of 1"=40'(Sec 203.A.1). Response: Both plat have been redrafted at the requested scale. 2. Provide the name of the contact person for subdivider and engineer on the Plat (Sec 203.C.2 & 3). Response: The contact person for FireRock is Dan Kelly and the contact for DEI, the project engineer, is Jonathon Stansel(954-0038) 3. Tie by course and distance two corners of the subdivision to separate section or quarter section corners on the plat map. Response: Please see revised preliminary plats. 4. Show minimum setback lines on proposed lots (Sec 203.E.5). Response: Please see revised preliminary plats. 5. Five (5) foot contours are not adequate for review. Show contours at two- (2) foot contours (Sec 303.B.3.6). Proposed grading does not connect into existing contours and is not labeled (by interval or by elevation). Minimum interval is 2'. Without this required information the Town cannot adequately evaluate proposed cut and fill areas. Response: Please see the revised preliminary plats. 6 The required amount of natural preservation as required by the supplemental Development agreement must be included on the plat on a lot by lot basis. Please provide a table with the required square footage for each lot. The Town is in possession of the amount of transferable hillside disturbance eligible from the 386 acres in each of the four slope categories as agreed to in the Development Agreement. The Town will track on a project-by-project basis these amounts of hillside disturbance transfers. It is the Planning&Zoning Commission Report; S98-038 &CFW98-02 liraw FireRock Country Club Parcel "J-2" December 17, 1998 Page 4 responsibility of the developer to leave adequate amounts of allowable hillside disturbance for later subdivisions to allow for their developability Response: The overall slope categories for the plats has been provided and the allowable disturbance. Individual lot disturbance will be provided at the time of final plat as the building envelopes are still in the design stage. (Note: Staff and the applicant have arrived at a method of tracking Hillside Disturbance which meets the requirements of the Supplemental Development Agreement) 7. Show locations of sidewalks on plat per section 306.C. Response: Please see the revised preliminary plats. 8. Roadway grading is excessive, cut/fill slopes extend 115 feet into lots in some places. Use 2 to 1 slopes and daylight the cut/fill. No cut/fill waivers were approved for parcel roads. Response: Cut and fill waivers will be reviewed on a case by case basis for the individual plats. Roadway slope grading will be steepened as much as permissible during construction, given the soil conditions. 9. Indicate all areas of significant vegetation and/or rock outcroppings and provide Hillside Protection Easements for each. Response: If they exists they are shown on the preliminary plats. 10. Section 503 (D) of The Subdivision Ordinance for the Town of Fountain Hills states: Limitations on Cut and Fill. The height of any fill or the depth of any cut area, including grading for the construction of public or private streets, as measured from natural grade, shall not be greater than ten feet regardless of whether the fill or cut is retained, unretained, or a combination thereof... These limitations may be waived by the Town Council. Prior to Town Council approval of the preliminary plat revise the preliminary grading plans to show conformance with this regulation or gain Town Council approval of a waiver or waivers for those cut and/or fills exceeding ten feet. Identify all areas where cut/fill grading in excess of 10 feet is proposed. Response: Please refer to our response to item#8. (Note: There are three areas of Planning&Zoning Commission Report; S98-038 &CFW98-02 FireRock Country Club Parcel "J-2" December 17, 1998 Page 5 greater than 10 foot cut in Parcel"J-2"CFW98-02) 11. Sections 503 (C), (E) and (F) of The Subdivision Ordinance for the Town of Fountain Hills state: C. Height of Unretained Cut or Fill. If the natural grade or the subdivision finished grade if the property was subdivided or re-subdivided after September 20, 1991, is less than a 10 percent gradient, the maximum amount of unretained fill or cut shall be four feet above/below the natural grade, or subdivision grade. Where the natural grade or the subdivision finished grade if the property was subdivided or re-subdivided after September 20, 1991 has a gradient of 10 percent or more, the maximum amount of unretained fill or cut shall be six feet above/below the natural grade or subdivision finished grade. Any fill or cut grading in excess of these amounts must be contained by retaining walls. E Maximum Slope of Fill Grading. Any unretained fill slope, if allowed, shall have a maximum three foot horizontal to every one foot vertical fill. The maximum slope of fill for roadway construction shall be at the discretion of the Town Engineer. F. Maximum Slope of Cut Grading. Maximum steepness of exposed cut slopes is dependant on the stability of the material excavated, and shall be prescribed by the Town Engineer. However, exposed cut slopes adjacent to side and rear property lines may be no steeper than three feet horizontal to every one foot vertical. The proposed roadway grading plans are inconsistent with Sections 503 (C), (E) and(F). Revise your roadway grading plans to be in conformance with these regulations. Response: It has never been our understanding that roadway cuts and fills were subject to the provisions of Section 503(C), however, we fully intend to work with the Town staff to properly mitigate the impact of all cut and fill slopes. We will also continue to cooperate with the Town engineering in determining the appropriate slopes for all cuts and fills.(Note:Revised plans show much less sever amounts of grading and utilize retaining walls in some cases) 12. Remove Zoning information not pertaining to "R1-35H" from plat. The approved PUD permits only as many as two (2) flag lots together. Revise plans to comply with Ordinance 97-46. Response: Please see the revised narrative on the preliminary plats. Planning&Zoning Commission Report; S98-038 &CFW98-02 FireRock Country Club Parcel "J-2" December 17, 1998 Page 6 13. Provide street names for new roads. Response: FireRock is currently engaged in developing a community theme and would like to complete this process before naming the individual streets. 14. Corner lots require a no-build easement or comparable easement (Sec 308.17) along street side yards if a non-buildable parcel, easement or additional right-of-way equal to the street side setback of the zoning district or twenty (20) feet, whichever is greater. Provide these easements or parcels of land as required in Sec 303.13.6 Response: The exhibit referenced in the Subdivision Ordinance Section 308.F indicates this provision applies to side street or rear yards adjacent to Major Collector or Arterial streets. FireRock has no such street section so we do not believe this ordinance applies. (Note:Revised plans have the required N.B.E., no build easements.) 15. All subdivisions will be replats of the Fire Rock Country Club Master Plat. Reflect this in the subdivision titles. Response: Agreed. 16. Submit documentation (in the form of concept site plans and conceptual Hillside Protection Easement locations) that all proposed lots are buildable without the need of future variances. Show that a single-family house can be developed on each of these lots, Parcel I lots 1-3, & 6-12, Parcel J-2 lots 7-13,18, 21 & 24, without a cut/fill waiver, with a driveway not exceeding 18% slope, within the setbacks, and in conformance with Section 504 of The Subdivision Ordinance for the Town of Fountain Hills. Response: We feel that this requirement is difficult to address since we sill not be building the individual homes, but we will attempt to provide you with typical designs which will address your concerns. (Note: Staff is working with the applicant to obtain examples of development which would not require waivers or variances.) 17. Submit a landscape plan with the improvement plans. Landscape areas should include the unlotted frontages, cul-de-sac bulb ends, median islands, and the downhill face of retaining walls" (outside of the lots). All other disturbed areas shall be revegetated. Indicate that these areas will be maintained by a homeowners' association. Response: We will supply landscape plans with the final plat and improvement plans. 18. Add a 1' VNAE along all unlotted street frontages. Planning&Zoning Commission Report; S98-038 &CFW98-02 FireRock Country Club Parcel "J-2" December 17, 1998 Page 7 Response: Agreed. 19. Line weights for roadway and proposed grading are the same. This makes the plans very difficult to read. Revise line weights. Response: Please see the revised preliminary plats. Parcel "J-2" 24. Remove from title "and a re-subdivision of portions of plats 412-A, 412-B &415". Response: It has been corrected. 25. Provide a H.P.E. on Tracts "C, D, E &F. This will insure non-development in the future! Response:Agreed 26. Remove "Parcel "J-2" designations from lots 10 & 22. Response: The parcel identification has been relocated on the sheet. 27. Dimensions on street frontage for lots 1-3, 6,12, 15, 18-20, 23, 26 and 28-29 are not clearly defined. Hash marks are missing between dimensions. Response: Please see the revised preliminary plat. 28. Lot 29's configuration should be reviewed and revised. See comment#14 Response: Please see response to item#14. Fountain Hills Fire District: Parcel J-2 3. Lots 22, 17, 14, 12 & 10 have access problems - will require horizontal (dry) standpipes or attic protection (sprinklers) Response: We understand that this will be an issue to be addressed with the improvement plans. Planning&Zoning Commission Report; S98-038 &CFW98-02 FireRock Country Club Parcel "J-2" December 17, 1998 Page 8 4. Add hydrant at end of cul-de-sac. Response:Agreed. 5. Water line should be looped or line size increased - verify with town Engineer. Response: We will determine line sizing during the engineering phase of the improvement plans. Fountain Hills Engineering Department: Preliminary Plat General 1 Provide soils report with final plat submittal Response:Agreed. 2. Submit survey closures for legal description with final plat submittal Response:Agreed Sheet 1 of 3 1. Show hillside collector street cross-section for FireRock Country Club Drive and hillside local cross-section for cul-de-sac road. Response: Please see revised preliminary plat. 2. Explain slope treatment alternatives. Response: We base slope treatments on each individual occurrence as field conditions allow. 3. Show street names on index map. Response: FireRock is currently engaged in developing a community theme and would like to complete this process before naming the individual streets. 4. Add note allowing surface drainage to flow lot to lot. Planning&Zoning Commission Report; S98-038 &CFW98-02 ihrie FireRock Country Club Parcel "J-2" December 17, 1998 Page 9 Response:Agreed Sheet 2 and 3 General Comments Show all easements (Public Utility(PUE); Drainage (DE); Sidewalk(SWE, etc). Response:Agreed. Provide a legend. Response:Agreed. Label existing and proposed services (sewer, water, fire hydrants, etc) and show sidewalk and pedestrian ramp locations. Response:Agreed. L Plat bearings and distances are to match legal descriptions. Response:Agreed Specific Comments 1 . Clarify road grading and slopes adjacent to lot frontages. Show road elevations at 2' contours. Show road % slopes. Response: Please see revised plat. 2. Provide sufficient grading details to prove there is safe and compliant access to all lots adjacent to significant road grading (cut and fill slopes). Some lots are affected by frontage grading but specifically, check Lots 13 and 14. Response: Slopes will be steepened where soil conditions allow. The use of retaining walls will be considered where they are most beneficial. 3. Show all easements. Show catch basins, channels, and pipe locations. Response:Agreed. Planning&Zoning Commission Report; S98-038 &CFW98-02 FireRock Country Club Parcel "J-2" December 17, 1998 Page 10 4. Provide an 8" water main line in place of 6" line within the long cul-de-sac. Response: We will verify the line size during the engineering process. 5. Show proposed sewer lines (sizes) and provide a 20'wide sewer easement within Lots 6 and 15, and the golf course area near Hole No. 18. Response:Agreed. 6. Vehicular sight easements are required for Parcel J2 frontage along FireRock Country Club Drive within Lot 28 and Tract F(25 mph hillside collector and 20 mph hillside local street-see plat). Response: Please see revised preliminary plat. 7. Provide a 1'V.N.A.E. along Tracts E and F and FireRock Country Club Drive frontages for Lots 1 and 28. Response:Agreed to on lot 28. We may wish to take access off of FireRock Drive for lot 28. If that were the case a 1' VNAE would be platted along the cul-de-sac side. 8. Isn't the new FireRock Country Club Drive right-of-way being dedicated in the Master Plat? If so, don't include in this Plat. If not, full width dedication and construction must be done with the first adjoining plat. Response: The FireRock Master Plat will contain the road dedication for FireRock Drive. Drainage Report 1. Revise text material as shown. Revise "Table of Flows"- include Culverts C5 and C6. 2. Drainage exhibit comments: • Show Q's (10 year, 100 year) for all drainage sub-basins areas and for each street and for all identifiable washes. • Washes with flows (Qioo) greater than 15 CFS need to be contained within a drainage easement (D.E.). Show limits of 100 year flood plains and show drainage easements, if needed, at the rear of Lots 27 and 28. • Show all catch basins (sizes), pipe (sizes), and curb openings used to intercept street flow and channel designs. There is proposed 1 (30" CMP) at C5 and 3 (30" CMP) at C6. Show all concentration points (with Q's) in street and show intercepted and flowby flows. Use riprap for erosion control within channels and down slope near Lots 13-15. Planning&Zoning Commission Report; S98-038 &CFW98-02 FireRock Country Club Parcel "J-2" December 17, 1998 Page 11 • All culverts and channels (>1 5 CFS) to be contained within drainage easement (D.E.). Show number and sizes of all culverts. • Show drainage channel/culvert for cul-de-sac flows (near Lots 13-15). Is a scupper needed near Lot 32? • Show street contour elevations at 2' increments. • Show drainage arrows within the street. • Show all drainage easements, flow data and structures on a revised "Drainage"exhibit. 3. Clarify the quantity (Q) of drainage flows within FireRock Country Club Drive and the cul-de-sac and how and where these flows discharge. Show location of any proposed new catch basins and culverts within the cul-de-sac street and how water is diverted down to Culvert C5 and C6. Also clarify how the street flow is directed and intercepted at the FireRock Country Club Drive and cul-de-sac intersection and where it discharges. 4. Revise street hydraulics calc per street design standards. Show street cross sections. 5. Submit calcs and details for all channel designs, culverts, and catch basins (C5 and C6). (Show Q-intercepted and Q flow-by.) 6. You should use a Tc of 10 minimum for calculations using the rational method. Coefficient (C) seems low at.65. Use a "C" value of.95 for street flow within the cul-de- sac. 7. Submit the final drainage report for Town approval with improvement plans. 8. The 100 year drainage flow at Lot 29 is 130 cis. Contain this in a separate tract. (Lot 29 will probably be deleted, but if not: Review drainage issues on Lot 29. Size driveway culvert and indicate if lot grading is needed for building pad for lateral migration. Show drainage easements as needed.) Response To All Drainage Items:As agreed all drainage issues will be engineered and submitted with the final improvement plans. Of all of these comments the few remaining issues to be resolved are as follows and are recommended as stipulations: 1. Place a H.P.E. on Tracts "C, D, E, &F" 2. Submit a landscape plan with the improvement plans. Landscape areas should include the unlotted frontages, cul-de-sac bulb ends, median islands, and the downhill face of retaining walls (outside of the lots). All other disturbed areas shall be revegetated. Indicate that these areas will be maintained by a homeowners' association. 3. Submit documentation (in the form of concept site) that all proposed lots are buildable without the need of future variances. Show that a single family house can be developed on proposed lots without a cut/fill waiver, with a driveway not exceeding 18% slope, within the Planning&Zoning Commission Report; S98-038 &CFW98-02 FireRock Country Club Parcel "J-2" December 17, 1998 Page 12 setbacks, and in conformance with Section 504 of The Subdivision Ordinance for the Town of Fountain Hills 4. Lots 22, 17, 14, 12 & 10 have access problems - will require horizontal (dry) standpipes or attic protection (sprinklers) Engineering Department recommends the following stipulations; 1. Provide a minor collector street cross-section for FireRock Country Club Drive. Road cross sections shall comply with the Town Engineer's slope design criteria. 2. Tract "F"to be a drainage easement. 3. Provide sufficient grading details with the final grading/drainage improvement plans to prove that there is safe and compliant access to all steep lots,but specifically, for Lots 13 and 14. 4. Provide an 8" water main line within the long cul-de-sac. 5. Show proposed sewer line sizes. 6. Vehicular sight easements (VSE) are required for Parcel J2 frontage along FireRock Country Club Drive within Lot 28 and Tract F (expand the VSE limits--25 mph). 7. Provide a 1% minimum street grade for the cul-de-sac. 8. Provide details to prove that Lot 29 is buildable considering drainage lateral/migration, and is accessible over the drainage areas. Grade and construct culverts under a future driveway. The 100 year drainage flow at Lot 29 is 130 cfs. Contain this drainage flow in a separate tract. 9. Provide a 5' wide sidewalk along the north side of the street near Lots 29-32 with a pedestrian ramp at the intersection. Cut and Fill Waiver The applicant is proposing cuts of 10.5 feet, 10.3 and cut of 18.1 feet in three places. These proposed waivers are to meet the requirement of a 20 mph sight distance requirement for the roads. The applicant states that they have minimized the cut and fill areas by realigning roadways, vertically and horizontally, rearranged lots and access to lots, add retaining walls and cross fall streets. Specifically the cuts are located in the roadway adjacent to lots, 3, 20, 10-11 & Tract"D". The area of the requested cut is in previously undisturbed areas of the FireRock area, however the first two cuts are relatively small and are in conjunction with cul-de-sacs located at the rear of the project. The larger cut will only be seen from the golf course and "J-1" Due to the fact that the requested cuts are in an area which will not be seen from Shea Blvd. and are for the roadway construction, staff recommended that the Commission recommend approval of these three waivers. L Planning&Zoning Commission Report; S98-038 &CFW98-02 FireRock Country Club Parcel "J-2" December 17, 1998 Page 13 Planning and Zoning Commission: The Planning and Zoning Commission reviewed these applications at the December 10, 1998 Planning and Zoning Commission Meeting. Staff advised that they recommended approval of the applications as stipulated and that the applicant was in agreement with the recommended stipulations. The Commission did have questions regarding the Cut and Fill waivers. Chairwomen Fraverd wanted to be sure that the waivers were the minimum necessary to construct the project and that the waivers were not for convenience. Staff assured the Commission that the requests for the Cut and Fill waivers had been minimized and were to meet the 20 mph sight visibility requirements for Engineering. The cut which most concerned staff and the Commission was that of the 18.1 foot cut. Staff related that the cut could be reduced by moving the proposed roadway around the knoll but at the risk of creating a dangerous curve which was unacceptable to the Town Engineer. The Commission did recommend approval of all the requested cuts. The Planning and Zoning Commission unanimously recommended approval of this preliminary plat and the requested Cut and Fill waiver with staff stipulations. Recommendation Based on the FireRock Country Club Area Specific Plan land use designation, the current zoning, and the proposed subdivision design, the Planning and Zoning Commission recommends that the Town Council approve the Preliminary Plat for the FireRock Country Club Parcel "J-2" subdivision and the Cut and Fill Waiver, subject to the following stipulations: 1. Place a H.P.E. on Tracts "C-F" 2. Submit a landscape plan with the improvement plans. Landscape areas should include the unlotted frontages, cul-de-sac bulb ends, median islands, and the downhill face of retaining walls (outside of the lots). All other disturbed areas shall be revegetated. Indicate that these areas will be maintained by a homeowners' association. 3. Submit documentation (in the form of concept site) that all proposed lots are buildable without the need of future variances. Show that a single family house can be developed on proposed lots without a cut/fill waiver, with a driveway not exceeding 18% slope, within the setbacks, and in conformance with Section 504 of The Subdivision Ordinance for the Town of Fountain Hills 4. Lots 22, 17, 14, 12 & 10 have access problems - will require horizontal (dry) standpipes or attic protection (sprinklers) 5. Provide a minor collector street cross-section for FireRock Country Club Drive. Road cross sections shall comply with the Town Engineer's slope design criteria. 6. Tract"F" to be a drainage easement. 7. Provide sufficient grading details with the final grading/drainage improvement plans to prove that there is safe and compliant access to all steep lots, but specifically, for Lots 13 and tkir 14. Planning&Zoning Commission Report; S98-038 &CFW98-02 FireRock Country Club Parcel "J-2" December 17, 1998 Page 14 8. Provide an 8" water main line within the long cul-de-sac. 9. Show proposed sewer line sizes. 10. Vehicular sight easements (VSE) are required for Parcel J2 frontage along FireRock Country Club Drive within Lot 28 and Tract F (expand the VSE limits--25 mph). 11. Provide a 1% minimum street grade for the cul-de-sac. 12. Provide details to prove that Lot 29 is buildable considering drainage lateral/migration, and is accessible over the drainage areas. Grade and construct culverts under a future driveway. The 100 year drainage flow at Lot 29 is 130 cfs. Contain this drainage flow in a separate tract. 13. Provide a 5' wide sidewalk along the north side of the street near Lots 29-32 with a pedestrian ramp at the intersection. L L � TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT L { Date Filed Fee Paid Accepted September 23, 1998 Plat Name/Number • Parcel J-2, FireRock Country Club Parcel Size Number of Lots 39.37 acres 32 Number of Tracts Zoning Four R1-35H-PUD General Plan Land Use Designation SF/L 1-2 Density Requested(Dwelling Units Per Acre) .81 Applicant Day Phone IVEO Properties Inc. 602/837-9660 Address City ST Zip 16838 E. Palisades Boulevard Fountain Hills AZ 85268 Owner Day Phone Same Address City ST Zip Attachments(Please list) Si n ture o Owne _ I HERBY AUTHORIZE (Please Print) Date N/A d!< TO FILE THIS APPLICATION. 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AI 11 1.:::::;..::::.,:;:;.:i:..:•): , • A ,\ th L 0 ,, N,_,N,,..,,i.,k,-..' 4...,...?%N- .e { ,,, L W \_ � \ > x Y L ., 9 4°°/11`110' TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT 41111, Date Filed Fee Paid Accepted B • Subdivision Name Subdivider/Developer t /A,C-7 /G�Z 7 ,i/?JCi 2.....-�-G. (Owner or Rep. Name) (Firm Name) Address Day Phone /(.:;..E3 3 8 f I.AI._-s 1.)7. V/k/ep 8 96:(‘z: , Y �v /t _� S�,uk 46,. Zip ` Planner/Engineer" 47E/ /=E^ *,. / /�E,(L_ __ 7( ?/- ! ?,�(-/ L— Z'(//C. , /A-/ -, (Planner/Engineer Name) (Firm Name) Address Day Phone ', Alp i / /.5- J7 JCJ/-TLC ilf) C _(- �� ,C?D1 &175e S..4r�/t?i /�T ZipC�ZQ Parcel Size (in acres) Proposed Number of Lots Lot Number(s) Affected 3e. /c) 3..1 Maximum Depth of Cut (in feet) Maximum Depth of Fill (in feet) 4,6 -7,r_1A,/ /. S. ../ /,q /Cs Please include the following (attach additional sheets): 1. A grading plan showing the areas of cut and/or fill in excess of the 10 foot limitation. 2. A narrative explaining the need for greater than 10 foot cuts and/or fills and what steps have been taken to keep the degree of cuts and/or fills in excess of 10 feet to a minimum. fir If application is being filed by an agent of the owner, please complete the following shaded section. • • TFH Case Number Fee: $300 DEL PROFESSIONAL SERVICES Civil Engineering • Land Surveying • Project Management L TO: Town of Fountain Hills DATE: November 25, 1998 SUBJECT: Firerock Cut and Fill Limitation Waiver Application DEI#98100 There are minimal areas that exceed the 10-foot cut or fill restriction. Efforts to eliminate or minimize these areas have been to: realign roadway alignments both vertically and horizontally, rearrange lots and access to lots, add retaining wall, cross fall streets. Most of these areas were created by the 20 mph sight distance requirement for roadways. 7600 N. 15th St.•Ste.290•Phoenix•AZ 85020-4331 •(602)954-0038•Fax(602)944-8605•E-Mail: dei@deipro.com•http://www.deipro.com F:\PROJECTS\8100\CORRES\TOFFHMEM.DOC I IUU1111,0111t1II!uI!1111111U111A111 - $ 11 r Iliiiluriiiiiiiiiiui..iIRRRruuiiuiuii •-- t ►� 1 2 11 '11��111�111�1111�1I1IIIAAl11ii1ll111!i I p ; pFi � �� Iiiiun�li�iluuilliuiiiilui11111il.a , 1 \ IIIIIIII. IIIIIIIIIII!IIIIIIIIIIIIIIIIIII1 1 ?aI s����l 11 ii i iiiiiiiiiiiii iiiiiiiiiiiliiiiiii I. j.e o � `�T x { Y \ 0. ri t. s .. 00 ... ttu ti 1 o , ZI`i f�y::hp, •• �2 ' \ �f 1 - •ti w `sr . •'• `t i 4fr M_� RB , J. { . • ,... • ' s * ram. 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'� I rY \ -w 'r { ►�y :11 11 ...k:��y f.:r yif'n> rat'.. j ' T :� ti ., r r. le .3;. ,:.� , //�� ,vim � . 4 8 80;0 _ RN Vy" 03 IrJ i; I 1i 111111 i p EupANRY FIREROCK C• �; ,•; '—' NOT FOR CONSTRUCTION PARCEL J-2 i I�J; p .' 't i i 3 OR RECORDING 10'CUT/fLL CXFlIT 1 �• / 9�' •5. r- fllitti :I ►� C pw9g.. . TOWN OF FOUNTAIN HILLS kir MEMORANDUM TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder, Community Development Directc6j THROUGH: Paul L. Nordin, Town Manager DATE: December 11, 1998 SUBJECT: The final plat for the Sunridge Canyon Parcel "L" subdivision, Case Number S96-049. Sunridge Canyon L.L.C. has applied to gain final plat approval of the proposed SunRidge Canyon Parcel "L" subdivision, a 32 lot, 30.24 acre project located northwest of the Sunridge Drive/Desert Canyon Drive intersection. Please see the staff report for further information. Staff recommends Town Council approval of this final plat. L L TOWN OF FOUNTAIN HILLS STAFF REPORT DECEMBER 11, 1998 CASE NO.: S96-049 LOCATION: Parcel "L" of the Sunridge Canyon Development, located west of Sunridge Drive and north of Desert Canyon Drive. REQUEST: Consideration of the final plat for the Sunridge Canyon Parcel "L" Subdivision. DESCRIPTION: OWNER: Sunridge Canyon L.L.C. APPLICANT: Sunridge Canyon L.L.C. EXISTING ZONING: "R1-6A" and "OSR" PROPOSED ZONING: "R1-6A" and "OSR" PARCEL SIZE: 30.2372 Acres PROPOSED NUMBER OF LOTS: 32 Lots SURROUNDING LAND USES AND ZONING: NORTH: The proposed Sunridge Canyon Parcel "I" and "J" subdivisions, zoned "R1-10A", "R1-35H" and "OSR". SOUTH: Open space and the Sunridge Canyon Parcel "M" subdivision, zoned "OSR" and "R1-10A". EAST: The future public park site within the Sunridge Canyon Development, and the proposed Parcel "K" subdivision, zoned "OSR" and "R1-6A PUD". WEST: Unplatted areas west of the Sunridge Canyon development, zoned "R1-43". SUMMARY: This request by Sunridge Canyon L.L.C. is for approval the final plat for the Sunridge Canyon Parcel "L" subdivision. The project is proposed on 30.2372± acres of Parcel "L" within the Sunridge Canyon Development, located west of Sunridge Drive and north of Desert Canyon Drive. The following staff report will review several aspects of the project, including the following: 1. A review of the applicable Principles and Guidelines contained within the General Plan and the Sunridge Canyon Area Specific Plan (SCASP) and the development's conformance with those Principles and Guidelines. (`, 2. The subdivision's design and its conformance with the Subdivision Ordinance and the Zoning Ordinance. Staff Report Parcel "L": S96-049 December 11, 1998 Page 2 Conformance with General Plan/Sunridge Canyon Area Specific Plan (SCASP): The SCASP designates the 17 acre Parcel "L" for an overall density of 4.1 DU/AC and permits the development of 70 dwellings. The 32-lot Parcel "L" subdivision would result in an overall density of 1.88 DU/AC. Staff has determined that the "R1-6A" base zoning on the site is consistent with the SCASP designation for the parcel. The SCASP permits the disturbance of 68 acres of hillside areas within the developable portions of the Sunridge Canyon development. As each parcel or sub-parcel is developed, the amount of hillside disturbed on each parcel or sub-parcel will be noted and a running tally will be kept by staff. It is the responsibility of the developer to ensure that an adequate amount of residual disturbance area is maintained so that later subdivisions will not be impaired due to the premature utilization of the 68-acres of hillside disturbance. The ultimate development of Parcel "L" will cause the disturbance of approximately 2.066 acres of hillside. A final slope analysis will be conducted by staff prior to Final Plat recordation at which time the "official" amount of hillside disturbance will be noted, which will reduce the future allowable hillside disturbance within the developable parcels of Sunridge Canyon. (1160, Subdivision Design GENERAL DESCRIPTION: The site is located on the easterly slope of the mountain located west of Sunridge Drive. The proposed subdivision is located in an area that has a relatively consistent 10-20 degree easterly slope. There are just over 2 acres of slopes in excess of 15% in the developable areas of the site. The subdivision is proposed to be an un-gated subdivision with two access roads leading to Sunridge Drive. All of the lots are proposed to be mass-graded with the subdivision improvements. 20 of the 32 lots will have at least one side-yard retaining wall and all 32 lots will have at least one rear-yard retaining wall. 18 of the 32 lots will have two rear-yard retaining walls. In addition to the one or two rear-yard retaining walls, all of the proposed lots will have a 6-foot high "view wall" on top of the one rear-yard retaining wall or on the higher of the two rear-yard retaining walls. The retaining walls that run along Sunridge Drive have been redesigned so that offsets are provided in the walls at the side yard property lines. In addition, the applicant is proposing to install mature landscaping and large trees along the retaining walls beside Sunridge Drive to mitigate the massing of the retaining walls. The assured construction of all on and off- site improvements will be required prior Final Plat recordation. L Staff Report Parcel "L": S96-049 December 11, 1998 Page 3 Recommendation The applicant has revised the subdivision plans and has made the following changes: 1. The applicant is no longer requesting that the subdivision be gated. 2. The roads are now proposed to be public instead of private. 3. The applicant is proposing to use two access roads off of Sunridge Dive, instead of one, and does not now need Town Council approval of a limited collector roadway. 4. The applicant has redesigned the retaining walls that run along Sunridge Drive to include more articulation, which will provide some relief to the wall massing. 5. The applicant has committed to a more lush landscape plan for the Sunridge Drive frontage. The placement of large trees and other vegetation beside the retaining walls will mitigate the massing of the retaining walls. Due to these changes staff believes that the retaining wall massing will be mitigated to an acceptable level. The subdivision is now or is stipulated to be in compliance with all other development regulations of the Zoning and Subdivision Ordinances. Although the site will be a mass-graded subdivision, the Town understood this when the original R1-6A zoning was awarded for the site in 1994. Staff recommends that the Town Council approve the proposed final plat for the Sunridge Canyon Parcel "L" subdivision, with the following stipulations: 1. Prior to final plat recordation revise all improvement plans as noted. 2. Prior to final plat recordation, gain Town Council approval of the last clean-up rezone for the subdivision, so that all of the lots are located in the "R1-6A" Zoning District and all of the unlotted tracts of land are located in the "OSR" Zoning District. 3. Prior to final plat recordation, provide subdivision construction assurances acceptable to the Town Engineer. 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I 1 H , ,7- 1, 1 1 j_1 -' i- S- Tr` ('.irr4 /j ' I i I ' ' 1 1 I r _., , i_ , , , ,,. ..:i.:,.,... ,..... .. „, . 2,Et.:L1 , \/ , ,\ \ _ ,..4,_, ,>, ",, D.I!•1:1 f , • ' ;,; clop ,+.1.‘) ,,',.,q 1 \--- ) \\\'',``\\s,',:•\.V 11- '. •sk„,4‘'s/(.\, \,‘•\----) ' 1 \ , . - ,' JON r Town of Fountain Hills Memorandum TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager ,� ) FROM: Jeffrey Valder, Community Development Director "' DATE: December 11, 1998 SUBJECT: Preliminary and Final Replat of Phase 1 of La Loma at Eagle Mountain Condominiums (Eagle Mountain Parcel 15), Case Number S98-050 Attached is the staff report on the preliminary and final replat of Phase 1 of the La Loma at Eagle Mountain Condominiums (a.k.a. Eagle Mountain Parcel 15). In August 1998 the Town Council approved the initial land condominiumization of this parcel. Now that the developer is sure of the unit and building types he wishes to develop, a "shrink-wrap" replat is necessary. This replat is that"shrink-wrapping" process. Staff recommends Town Council approval of this preliminary and final plat application, Case Number S98-050. L TOWN OF FOUNTAIN HILLS STAFF REPORT DECEMBER 11,1998 CASE NO.: S98-050 LOCATION: Eagle Mountain Parcel 15,northeast of Eagle Mountain Parkway, east of the Eagle Mountain Golf Course driving range. REQUEST: Consideration of the Preliminary and Final Replat of Phase 1 of La Loma at Eagle Mountain Condominiums. DESCRIPTION: OWNER: Eagle Mountain Investors L.L.C. APPLICANT: Eagle Mountain Investors L.L.C. EXISTING ZONING: "R-3" PARCEL SIZE: 22.195 Acres PROPOSED NUMBER OF UNITS: 28 SURROUNDING LAND USES AND ZONING: NORTH: Unplatted land within the Firerock Country Club development, zoned "R1-18 PUD." SOUTH: The Eagle Mountain Parcel 14 and 10/11 subdivisions zoned"R1-6A." EAST: Unplatted land within the Firerock Country Club development, zoned "R1-18 PUD." WEST: The Eagle Mountain Golf Course driving range,zoned"OSR." SUMMARY: This request by Eagle Mountain Investors L.L.C. is for approval of a "shrink-wrap" replat of 28 existing land condominium units to their final airspace configurations. Several months ago the Planning Commission and the Town Council approved the La Loma at Eagle Mountain Condominium plat. This plat condominiumized 82 pieces of land. At that time the developer was unsure of the exact future unit types and their future exact locations within the subdivision. As was stipulated with that approval, no building permits would be issued units until secondary "shrink-wrap"replats of those individual airspaces occurred. The developer has now sold or committed to sell these 22 units, and the exact floorplans and building heights can now be exactly described. Recommendation Staff recommends Town Council approval of the preliminary and final replat for La Loma 1 at Eagle Mountain,Case Number S98-050,with the following stipulation: 1. 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Memo To: Cassie Hansen Fr ont Steve Gendler, Public Safety Director ���- . Date: 12/07/98 Re: Request for agenda item-Motorized Skateboards Background: Since motorized skateboards first began appearing in Fountain Hills, there have been complaints from residents regarding their operation and concerns about safety. Although we have never had an accident or documented injury, those complaints have increased from a total of 12 in three years to 40 this year alone. Out of the 40 complaints thus far in 1998, 37 have occurred since October 1st including one from an individual who called theTown Manager and Council members at home to voice his concerns. In February 1996, the Town Council requested information on controlling motorized skateboards and found that they were specifically exempted from state law under 28-101(29b). This prohibited local officials from regulating them through municipal ordinances. During the second legislative session in 1996, Senator Gnant was able to have the exemption removed giving local authorities the power to regulate motorized skateboards under 28-627. Problem: At this time, Fountain Hills does not have any specific provisions pertaining to operation of motorized skateboards and for the last two years law enforcement officers have been depending on persuasion,common sense,and voluntary compliance among the motorized skateboard operators. This has been relatively successful and was working as late as fall 1998 when responsible operators still prevailed. However, in October 1998, there was a significant increase in irresponsible behavior, harassment, and unsafe operation including confrontations with law enforcement officers.The problem is particularly acute in the northeastern section of the community. Action Requested:Although the immediate problem is the result of irresponsible behavior by relatively few operators, it is apparent that safety cannot be left to voluntary compliance as the community continues to grow. Unregulated operation of motorized skateboards at night, on sidewalks, in parks, through parking lots, on heavily traveled roads, and across intersections has begun to constitute a danger to motorists, property owners and pedestrians. Law enforcement officers believe it is only a matter of time until a tragedy occurs. For these reasons, as Public Safety Director, I am requesting assistance from the Town Attorney in drafting regulations and your help in placing this matter on the Town Council agenda for December 17th meeting. L •Page 1 ORDINANCE 98-35 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA,AMENDING THE TOWN CODE, CHAPTER 12, TRAFFIC, BY CREATING A NEW ARTICLE 12-5, MOTORIZED SKATEBOARDS, PROVIDING DEFINITIONS AND REGULATIONS FOR OPERATION OF MOTORIZED SKATEBOARDS UPON PUBLIC AND PRIVATE PROPERTY. BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS: Section 1. That the Town Code, Chapter 12,Traffic, is hereby amended to create a new Article, 12-5, Motorized Skateboards, to read as follows: ARTICLE 12-5 MOTORIZED SKATEBOARDS 12-5-1 Definitions 12-5-2 Application of traffic laws 12-5-3 Responsibility of parents, guardians, and custodians 12-5-4 Prohibited operation 12-5-5 General operating restrictions 12-5-6 Operating restrictions on roadway 12-5-7 Required safety equipment 12-5-8 Violations Section 12-5-1 Definitions The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context indicates a different meaning: A. "Child" or"juvenile" means an individual who is under the age of eighteen (18) years. B. "Custodian" means a person who has lawful custody of a child. C. "Motorized skateboard" means a self-propelled device which has a motor, a deck on which a person may ride and at least two (2) wheels in contact with the ground and which is not otherwise defined in Arizona Revised Statutes title 28, as amended, as a "motor vehicle," "motorcycle," "motor-driven cycle" or "motorized wheelchair." D. "Motorized wheelchair" means a self-propelled vehicle that is designed for and used by a physically challenged, injured, or incapacitated person. E. "Multi use path" means an off-road hard surfaced path which may be separated from PASS FAIL •TION lam►Ordinance 98-35 -- Page 1 of 5 SECOND -'4 4-- COlI NT __a. r 1 (isir motorized vehicle traffic by an open space or barrier. A multi use path is used exclusively for pedestrians, and any human-powered vehicles or devices. F. "Owner" means any person holding the legal title of a motorized skateboard, or any person who is a lessee, conditional vendee or mortgagor of a motorized skateboard with a right to immediate possession. G. "Vehicle" means a device in, upon or by which any person or property is or may be transported or drawn upon a public roadway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. Section 12-5-2 Application of traffic laws Every person operating a motorized skateboard upon a roadway, or any shoulder adjoining a roadway shall be granted all rights and shall be subject to all the duties applicable to the driver of a vehicle by the laws of this state declaring rules of the road applicable to vehicles, or by the traffic laws of the town applicable to the driver of a vehicle, except as to special regulations herein and except as to those provisions which by their nature can have no application.This section shall not be construed to require the licensing or registration of motorized skateboards, the licensing of motorized skateboard operators, or the carrying of insurance covering accidents involving motorized skateboards. L Section 12-5-3 Responsibility of parents, guardians,and custodians No person shall, if a parent, guardian, or custodian of a child, authorize or knowingly permit any child to violate this article. Section 12-5-4 Prohibited operation No person shall operate a motorized skateboard: A. On any sidewalk in the town, except for use in crossing such sidewalk by the most direct route to gain access to any public or private road or driveway. B. In any town parking lot or town park. C. On any public property that has been posted or designated by the owner of such property as an area prohibiting "skateboards." D. On any public roadway consisting of a total of four (4) or more marked traffic lanes, or having an established speed limit of greater than twenty-five (25) miles per hour. Ordinance 98-35 Page 2 of 5 E. On any private property of another, or any public property which is not held open to the public for vehicle use, without the prior written permission of the owner, the person entitled to immediate possession of the property, or the authorized agent of either. F. On any sidewalk, or any designated bicycle lane, bicycle path, or multi use path. Section 12-5-5 General operating restrictions A. No child under the age of fourteen (14) years shall operate a motorized skateboard. B. No person shall operate a motorized skateboard at a speed greater than is reasonable and prudent under the circumstances then existing. C. The operator of a motorized skateboard approaching a sidewalk, bicycle path, bicycle lane, or multi use path in order to cross such, shall yield the right-of-way to all other users. D. No operator of a motorized skateboard shall allow passengers when the motorized skateboard is in operation or motion. E. No person operating or riding upon a motorized skateboard shall attach himself or herself or the motorized skateboard in any manner to any other vehicle. F. No person shall operate a motorized skateboard while carrying any package,bundle,or article which prevents the operator from keeping both hands upon the steering mechanism at all times. G. No person, other than the owner, shall operate a motorized skateboard without the written permission of the owner. H. No person shall operate a motorized skateboard that has been mechanically or structurally altered from the original manufacturer's design. I. No person shall operate a motorized skateboard in a crosswalk. Section 12-5-6 Operating restrictions on roadway A. A person operating a motorized skateboard on a roadway at less than the normal speed of traffic, at the time and place and under the then existing conditions, shall ride as close as practicable to the right hand curb or edge of the roadway, except under the following conditions and when the movement can be made in safety: 1. If overtaking and passing a bicycle or vehicle proceeding in the same direction. Ordinance 98-35 Page 3 of 5 2. If preparing for left turn at an intersection or into a private roadway or driveway. 3. If reasonably necessary to avoid hazardous conditions ahead in the roadway. 4. If the lane in which the person is operating the motorized skateboard is too narrow for a motorized skateboard and a bicycle or another vehicle to travel safely side by side within the lane. B. No operator of a motorized skateboard shall transport extra fuel in a separate container or alter the fuel reservoir from the original manufacturer's design. This includes the prohibition of physically attaching fuel packs or containers to the operator's person. C. Persons operating motorized skateboards on the roadway shall not ride more than two (2) abreast. Section 12-5-7 Required safety equipment A. No person shall operate a motorized skateboard without a head lamp emitting a beam and a red rear reflector anytime from sunset to sunrise, or any other time when there is no sufficient light to render clearly discernible persons or vehicles on the roadway. 1, A head lamp shall emit a white light and be visible from the front at a distance no less ,r than five hundred (500) feet. 2. A rear red reflector shall be visible when illuminated by a vehicle head lamp from a distance of not less than three hundred (300) feet. 3. A rear red lamp visible from a distance of five hundred (500) feet to the rear may be used in addition to the rear red reflector. B. No person shall operate a motorized skateboard unless it is equipped with a brake which enables the operator to make a braked wheel(s) skid on pavement. C. Any child operator of a motorized skateboard being operated on a roadway shall at all times wear a protective helmet on his or her head in an appropriate and safely secured manner.The helmet shall meet minimum standards of testing and safety inspected by the bicycle industry. D. No person shall operate a motorized skateboard without wearing footwear. The footwear must have a sole and completely cover the feet and toes. Section 12-5-8 Violations Violations of this article are civil traffic infractions punishable pursuant to Article 1-8(B) of this Code. Ordinance 98-35 Page 4 of 5 PASSED AND ADOPTED by the Mayor and Common Council of the Town of Fountain Hills, Arizona this 17th day of December, 1998. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: /4;c_ Sharon Morgan, Mayor Cassie B. Hansen, Town Clerk REVIE BY: APPROVED AS TO FORM: ZIK /7( C Pic t.-1/ Paul L. Nordin, Town Manager William E. Farrell, Town Attorney Ordinance 98-35 Page 5 of 5 Chron 396 fibe TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Honorable Mayor and Town Cou FROM: Randy L. Harrel, Town Engineer4/111 THROUGH: Paul Nordin, Town Manager DATE: December 11, 1998 RE: Effluent Field Relocation Project from Shea Blvd to Four Peaks Park and Plat 302-A, Block 3 (Saxon-Sioux) A Target store anchored shopping center has been proposed for the area southwest of Shea Blvd and Saguaro Blvd. 7+ acres of this area is currently being utilized for effluent field. In order to release this area from effluent field usage, the Sanitary District must obtain equivalent effluent reuse fields. The following project has been proposed to accomplish this: 1) Connect the new soccer field at Four Peaks Park; retrofit the existing ball fields at Four Peaks School; and irrigate and turf the proposed "Field of Dreams" at Four Peaks School; all utilizing effluent water. This proposal includes a pipeline from the Sanitary District treatment plant to Four Peaks, a storage tank, and a pump at Four Peaks. The storage tank and pump will allow us to irrigate during times they are not pumping from the treatment plant, and to utilize potable water for irrigation during those summer times when effluent is not available in sufficient quantity to irrigate the Four Peaks fields. The new turfed soccer field (1.1 acres) was designed to convert to effluent irrigation. The existing turfed ball fields (4.3 acres) were not designed for effluent irrigation; significant modifications will need to be made. Controller, control wiring, and piping changes may be needed. Another ball field (.08 acres, the "Field of Dreams") is proposed to be irrigated and turfed as a part of this project. These areas are shown on the attached map. Note that the Town currently owns Parcel A (the soccer field park area), and the School District currently owns Parcel B. The transfer of Parcel B to the Town has not yet occurred. It is proposed that the Town, the Sanitary District, and MCO equally share the "off-site" pipeline construction costs, plus the `on-site" storage tank and pump costs. The Town will be responsible for the other`on-site" costs—including conversion of the soccer field, retrofit of the existing ball fields, and irrigation/turfing the proposed ball field. The Sanitary District will "own" the off-site facilities. L Effluent Field Relocation Project.doc Page 1 of 2 Chron 396 2) Plat 302, Block 3 (Saxon-Sioux) Temporary Effluent Fields (3.3 acres). It is proposed to construct temporary effluent fields on Plat 302, Block 3 (Lots 1 through 6, Parcel C, and the adjacent alleys). These fields will be similar to the MCO and the Sanitary District's other temporary effluent fields—above ground aluminum piping with poor quality grass. MCO owns the six lots; the Town owns Parcel C and the alley rights-of-way. No ownership transfers are proposed; temporary leases or site usage licenses are proposed to be granted to the Sanitary District. It is proposed that the Town, the Sanitary District, and MCO will share equally in the construction costs. The Sanitary District will then operate and maintain these temporary fields. Costs to construct these temporary fields include: • connection to the existing effluent pipeline crossing the site • grading berms to contain the effluent on-site, and to separate the effluent fields from the drainage swale (for off-site water) in the alley. • cactus salvage • tree salvage. Desert trees are commonly left in place in temporary effluent field sites. However, in this case the Sanitary District also plans to utilize this site for temporary summer time stockpiling of dirt (not to exceed 10' in height)from their very deep East Boundary Collection Sewer, which will begin construction this spring. Tree salvage is needed for those stockpile areas. • clear other vegetation from the site. • aluminum pipe installation, rental (6 months), and removal. • seeding Costs for the work at these two sites are shown on the attached cost estimates. bb cc: Ron Huber/FHSD Hank Lickman/MCO Robin Goodman Bud Clutter Tom Ward Bob Thompson/e-group Allen George/Coates Irrigation L Effluent Field Relocation Project.doc Page 2 of 2 Cost Estimate Summary Effluent Field Relocation from Shea Blvd to Four Peaks Park/School and Plat 302, Block 3 (Saxon-Sioux) Turf Total Cost Town Cost Area Shea Blvd — Close out effluent fields-by MCO - 7 ± $10,000 -- Four Peaks Park/School • Off-site pipeline; on-site storage tank and pump $366,500 $122,200 • Pump station area work 32,200 32,200 • Park irrigation modifications 1.1 6,500 6,500 • Existing school ball fields modifications 3.9 89,400 89,400 • New ball field irrigation and turf 0.8 80,500 80,500 Subtotal $575,100 $330,800 Plat 302, Block 3 (Saxon-Sioux) • Site preparation $29,800 $9,900 • Temporary irrigation 3.4 28,900 9,600 Subtotal $58,700 $19,500 Total + 2.2 $643,800 $350,300 �1¢ssrl. d E O n 13124 Cd RANDY L. 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' gal \ S. ! &. ' 'w�, �"�+�. F ` ' � • ) � , ',.;,-:,:::, '-''''.i., ., ---„','.'.: ia -4 1 > ii\ TOWN OF FOUNTAIN HILLS ` , i.. 6, ARIZONA f ".. f •1�r/ ENGINEERING DEPARTMENT t,t "sue FOUR PEAKS PARK AND SCHOOL 1 , Mill t1NR" k TURF A — t EFFLUENT IRRIGATION CONCEPT PLAN €. t` a s (/►���T 1 " 4'' `' ,lt:1 KJV ID S:K�lac RLH SHEET TOTAL ' T 3 Jr,:a.,` 0 PROPO sA r.• " .! " SATE 1211-98 ISCAIE: 1 �200 NE SHEETS r 4, 4,. s > .✓' ..„a'_ t _ ,.:._.,+ PROJECT NO: I 1 • _ / ft • "'" :L- .,k �g' l i yl d .;.,. g ,i k •...... ,,,.„,,,..„---„, ., .. • g LL - '\ 1-7 .sus f_� ..�-+.....,..., II` 1 ",.r kfff��`��` f`'\ T, / \\ } t ! -i': `` t " N ' ''. -:'•'.'4•4;'," I ''..• - -, i*I.*/•ff 07:;.4,„ ----ffifje,;(4.-,,. „wt.:A-pi:Av.-, -, --. ,, t ,,,.. ...„ ,-.. ... ..4,.. ..i1,... „ . , ,.,-,rp, / dr 40,-'- orifierd.froW . , 44:0$0, e*:''..,,.: '.. n '- --4 .' 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'.' ijot-l'..0#4•ir $r4o, .J'-../ -4.$' ' i,„fat? 1 ,#!..,•',•jF4-r. •, •i , • REA , , -,- , , .7 ,::,,,,.-4,i, _ _ - ,.....„‘„,i,,..144,1-,,,#%,,, .e., A#4,01„, . ,-'re• (,‘ -:,r' - ,,v,'-c.s•:1•744fre-oitr-efira;;;I:(1..%.:—.-!,,,,F1/0—t- - ,, .440 --or,'4.14' ''' 0 ii, �.f }`4 n'� � � C.:`''..- V`^�4�+%".; "Y1v 4_ -� "^ 5�� -'�, 4 ,yam; r • ��",'� '"S ,Rife • t *" 3�Z4 7 '\,. C\''' w„_'1.--, --, • ,- • 4 .1/4, \ .••...:•.,,-- ......,,„ g, r. ,, ,,....„.._,,, ,••• f .,‘,....„...,, . .,, ali,,,,;,..;-_ - , •it....... _i. ,, , , _..„ -4 '19 - ' ' ' \ ```.,,,--,- •-',:t4.,', ':- i ';',&' ,1;":„.,444.1-44,,,"..* t,, tryi ,ji: Y ' t f - 't, \ ,,':, , ' . '4,/ , �.„. TOWN OF FOUNTAIN HILLS ' ARIZONA tW.,.. �r/� ENgNEERINC DEPARTMENT PLAT 30$BLOCK 3 ��.i '�' fIPORARY AREA �G °, CONCEPT PLAN �trx <'�, fi1'4 TEMPORARY EFFLUENT FIELD ; `7l -1 .� QIY�,' DRAWN: K V J0�5:KV ICK:RLH SHEET TOTAL " " k • OATE 12-�0-98ISCALE: 1 .100' NO. SHEETS { - -p' 1 1 t PRQECT N0 TAW 9deA0 MEMORANDUM TO: Paul Nordin FROM: Julie Ghetti RE: Projected Loci Sales Tax—Target Retail Center DATE: December 11, 1998 As requested, below are revenue projections for the proposed Target retail center on Shea Boulevard. These projections are based on information that was prepared for the initial local sales tax adoption as well as additional information that I was able to obtain. FOUNTAIN HILLS RETAIL SALES TAX REVENUE ESTIMATE FIVE YEAR PROJECTION STORE Year 1 Year 2 Year 3 Year 4 Year 5 Target $192,000 $201,984 $212,083 $221,627 $231,600 Grocery $120,000 $126,240 $132,552 $138,517 $144,750 Retail $74,100 $77,953 $81,851 $85,534 $89,383 TOTAL $386,100 $406,177 $426,486 $445,678 $475,733 Target Retail Store The projected sales tax revenue for Target was determined by considering historical revenue information from three other Target stores in the valley. The three stores that were used in this analysis represent the best, the worst and the middle in terms of annual revenues for the city in which the stores are located. Sales tax revenues are difficult to compare from one area to another due to differences in size and composition of the economic base of areas. However, using the above references I prepared the estimates for Fountain Hills based on the store that had the lowest taxable revenue. Grocery Store The estimate for sales tax revenue received from a proposed grocery store is based on an evaluation of the similar grocery stores in the area with a population base similar to Fountain Hills. Retail Stores The analysis used to prepare data for projected sales tax revenue for new retail stores is based on the number of retail reporting entities currently in Fountain Hills with an average per business. Assuming that 25 new retail establishments will be located around Target the annual increase in local sales tax revenue is calculated. Economic Forecast for Five Years The 1998 and 1999 economic forecasts for Maricopa County and Arizona as prepared by the Arizona State University William Seidman Research Institute predict a growth of 5.0 and 5.4 percent for 1999. Using the average of 5.2 for Year 2, 5.0 for Year 3, and 4.5 for the next two years provides the five year extension. L L Chron 383 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Hon rable Mayor and Town Cou 1 FROM: � arrel, g pi/Town En inee THROUGH: P 1; :in, Town Manager DATE: 4remier30, 1998 RE: Grant . Easement EAA 98-18 5" Pedestrian Trail Easement within Eagle Mountain Parcel 14 Eagle Mountain Investors, L.L.C., an Arizona Limited Liability Company, the property owner, has granted to the Town a 5" wide trail easement within Eagle Mountain, Parcel 14, as described in Exhibit "A" and as depicted in Exhibit "B". The trail easement is needed for concrete sidewalk to be constructed as required for Parcel 15 As with all easement grants, no Council action is required. This memo is merely for your information. cc: Art Candelaria, Engineer/Plans Reviewer Bill Farrel, Town Attorney Steven M. Pritulsky, Denro, Ltd., Managing Member L Grant of trail easement,Parcel 14,EAA98-15,Eagle Mountain 602-224-8538 TITLE a3G rn� rvuv l] "70 t :co • COI TESY RECORDING ' ' IN r. . LE L' 1YI1E.NRFCQ1WED. RLfUB To; OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER Town Engineer HELEN PURCELL Town of Fountain Hills 98-1010947 1 1 /09/98 04:29 P.O. Box 17958 LILu■ ,s or so Fountain Hills, AZ 85269 GRANT OF TRAIL EASEMENT EAGLE MOUNTAIN INVESTORS, L.L.C., grantor, for good and valuable consideration, hereby grants to the Town of Fountain Hills, Arizona, grantee a municipal corporation, its successors and assigns, a perpetual easement for the following purposes,namely: Trail Easement On, over, under and across the ground embraced within the aforementioned plat as described in Exhibit A and as depicted in Exhibit B, situated in the Town of Fountain Hills,State of Arizona. Grantor covenants that grantor is lawfully seized and possessed ofthisfore that ged dntator or parcel of land; that grantor has good and lawful right to sell and convey it; ill warrant the title and quiet possession thereto against the claim of any person whatsoever. Dated this 3r,-) day of a 1998. EAGLE MOUNTAIN INVESTORS, L.L.C., an Arizona limited liability company By: Denagon EM Properties, L.L.C., an Arizona limited liability company, its Manager By: Denro Interests L.L.C., an Arizona limited liability company, its Manager By: Dcnro, Ltd., an Arizona corporation, its Managing Memb By: '—Its 602-224-8538 TITLE 0.3C rid.] nuv la 70 i •co • (11610• I 1 STATE OF ARIZONA ) )ss. County of Maricopa ) S CRIB SWORN TO BE before me this 2 day of ��1"�"t 998, by / 74,42._ G Notary Pub cNOTARY PUBLIC STATE OF ARIZONA Marlcops CartyI. Commission Expires: �'" . KELLY BECHARD My p I N Appointment Exp►na Juno 19.2001 rye: 602-224-8538 TITLE I 832 PO4 NOU 13 '98 15:27 IL Exhibit A September 8, 1998 LEGAL DESCRIPTION FOR EAGLE MOUNTAIN PARCEL 14 i 5' PEDESTRIAN TRAIL EASEMENT ' That part of"Tract C", shown on the "Final Plat for Eagle Mountain Parcel 14", recorded in Book 436 of Maps, Page 33, Maricopa County Records, situated a Maricopa County, Arizona,smlore p 3 North, Range 6 East, of the Gila and Salt River Meridian particularly described as follows: BEGINNING at the Southwesterly Corner of"Lot 29",shown on said"Final Plat for Eagle Mountain Parcel 14"; Thence South 07°30'16" West, a distance of 52.49 feet; Thence South 23°0121" West, a distance of 60.29 feet; c ° Thence South 45 5239" West, a distance of 31.05 feet to a point on a non-tangent of said c urve whose center bears North 66°5822"West,said curve being the Westerly Boundary "Eagle Mountain , Parcel 14"; • Thence along the arc of said curve to the left, said curve having a radius of 420.00 feet, arc length of 12.44 feet, and a central angle of 001 4l 50 Thence North 45°5239" East, departing said Westerly Boundary, a distance of 18.65 feet; Thence North 23°0121" East, a distance of 58.60 feet; • L.:e Thence North 07°30'16" East, a distance of 51.55 feet to a point said Westerly Boundary of"Eagle Mountain Parcel 14"; • Thence South 85°25'32'. East, along said Boundary, a distance of 5.01 feet to the POINT OF • BEGINNING. The above described parcel contains 681 square feet or 0.016 Acres, more or less. Irr---1.;4 a (4* . q�0 L\LAND\97P0411\PIStiDM1in000:1-G WPD , , , CZ Carter Burgess IDU'G-4G'4-07J0 11 ILG VJG i V 1VV 1J JCJ 1J•Gf M EXHIBIT TO ACCOMPANY LEGAL Cl • R- 420.00' l• 12,44' D• 001° 41'50" Exhibit B 71 • 507° 30'16"w 52.49' T2 • S23° 01 21"W 60.29' T3 • S45° 52'39"W 31.05' T4 - N45° 52'39"E 18.65' T5 • N23° 01'21"E 58.60' r''''' -,.. 76 • N07° 30'16"E 51.55' T7 • S85° 25'32"E 5.01 / N.T.S. 29 / r,•• • T 7 / P.O.B. i , 28 PROPOSED EAGLE MOUNTAIN �'I 1 ~ PARCEL 15 ' i j S -47 J 1 "-- T 4 j �/ OF ) 4.44/A, A S q C 1 /./� • iOgCFCQ McR • 18 ,0,----gie 27238 i 19 OAviO PAUL FORNEY ch� .<. AD EAGLE MOUNTAIN SHEET 1/10 PARCEL 14 1 of I BibCarter == Burgess 5. PEDESTRIAN JOb NUMBER 4041 NORTH CENTRAL AVE.,SUITE 650 • PHOENIX,ARIZONA 85012 EASEMENT 97P0480a>� (602)263-S249 FAX t603)US-WS \LAND\ 9/P083\EHLECS.DCN vz, Chron 382 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Honorable yor and Town Council FROM: y . i el, Town Enginee j THROUGH: Pa l r ' , Town Manager DATE: No mber 30, 1998 RE: Grant of Drainage Easement EAA 98-17 5' Wide Drainage Easement within Eagle Mountain Parcel 15. Eagle Mountain Investors, L.L.C., an Arizona Limited Liability Company, the property owner, has granted to the Town, a 5' wide drainage easement, by separate documents, that was not previously recorded on the final plat. The tkiv drainage easement is as described in Exhibit "A" and as depicted in Exhibit "B". As with all easement grants, no Council action is required. This memo is merely for your information. cc: Art Candelaria, Engineer/Plans reviewer Bill Farrel, Town Attorney Steven M. Pritulsky, Denro, Ltd., Managing Member L Grant of Easement, Parcel 15, EAA 98-14,Eagle Mountain 602-224-8536 TITLE 832 PUb NUV 1. 7ti l .ca COi;,4TeSY RECORDING Lr , ' 1TY . . F. l ( 1111111111111111 �, orrnanr•n R TL TQ' OFFICIAL RECORDS OF y��,v MARICOPA COUNTY RECORDER HELEN PURCELL Town Engineer 98-1010948 11 /09/98 C4: 29 Town of Fountain Hills ����.. ���► .a P.O. Box 17958 Fountain Hills, AZ 85269 GRANT OF DRAINAGE EASEMENT • EAGLE MOUNTAIN INVESTORS, L.L.C., grantor, for good and valuable consideration, grants to the Town of Fountain Hills, Arizona, grantee, a municipal corporation, its hereby purposes,namely: successors and assigns,a perpetual easement for the following p rp ,, Drainage Easement • On, over, under and across the ground embraced within the aforementioned plat as described in Exhibit A and as der;cted in Exhibit B, situated in the Town of Fountain Hills, State of Arizona. ct or Grantor covenants that grantor is lawfully seized and possessed of this aforementioned noont d grantor(11„ will wful parcel tof land; thatn graquiet has good and possession theretoaagainstght to the claiml and of any person whatsoever. warrant the title and quiet p Dated this ZE,Lday of 1998. EAGLE MOUNTAIN INVESTORS, L.L.C., an Arizona limited . liability company By: Dcnagon EM Properties, L.L.C., an Arizona limited i liability company, its Manager By: Denro Interests L.L.C., an Arizona limited liability company, its Manager By: Denro, Ltd., an Arizona corporation, its Managing Member C By: .- (Its' _tha____________ _ -�- 602-224-8538 TITLE 832 P8? NOU 13 '98 15:28 I . ; ? 1,: • L. STATE OF ARIZONA ) )ss. County of Maricopa ) f 7j SUBSCRIB D. AND SWOR N TO BE before me this ..r' 'day of/ 2_Ch-1199S, by • / Notar, lic NOTARY PUBLIC (...iii.lifill STATE OF ARIZONA My Commission Ex ires: � M°1+`o0a courAy p .�' KELLY BECHAFID Mx Apein1mtn1 16xpItG*Jun•10,2001 I i 4 Y4, 5,r� 602-224-8538 TITLE 832 P08 NOU 13 '98 15:29 • • October 22, 1998 Exhibit A LEGAL DESCRIPTION FOR •• EAGLE MOUNTAIN PARCEL 15 5' DRAINAGE EASEMENT That part of'Tract E"shown on the"Final Plat of La Loma at Eagle Mountain", recorded in Book 480 • of Maps, Page 46, Maricopa County Records, situated in Section 29, Township 3 North, Range 6 East,of the Gila and Salt River Meridian, Maricopa County, Arizona, more particularly described as follows: BEGINNING at Northeast Corner of"Tract E"shown on the"Final Plat of Eagle Mountain Parcel 14", • recorded in Book 436 of Maps, Page 33,being a common corner with"Tract E"shown on said"Final Plat of La Loma at Eagle Mountain"; Thence along the Boundary of said "Final Plat of La Loma at Eagle Mountain"the following courses; ; "a.: Thence South 78°42'13"West, a distance of 24.63 feet; Thence North 73°52'10"West, a distance of 50.00 feet; Thence South 77°03'05"West, a distance of 57,21 feet; • Thence North 27°17'46"West, a distance of 5.16 feet to a point on a line which is parallel with and . 5.00 feet Northerly, as measured at right angles, from said Boundary line; Thence departing said Boundary line and along said parallel line the following courses; Thence North 77°03'05" East, a distance of 59.79 feet; Thence South 73°52'10" East, a distance of 50.08 feet; Thence North 78°42'13" East, a distance of 28.45 feet to a point on on a non-tangent curve,whose center bears South 86°56'12"West, said curve being the Westerly line of"Tract 6" and "Twilight View Drive", shown on said "Final Plat of La Loma at Eagle Mountain"; Thence along the arc of said curve to the right, said curve having a radius of 380.00 feet, arc length of 5.06 feet, and a central angle of 00°45'45"; • Thence South 78°42'13"West, departing said Westerly line of"Tract B"and "Twilight View Drive", a distance of 4.28 feet to the POINT OF BEGINNING. • The above described parcel contains 686 square feet or 0.016 Acres, more or less. 11P. navtawuu� �p ittrc"T L:\LAND\97P048\P15\ADMIN\0004LG.WPO Ci: Carter Burgess 602-224-8538 TITLE 832 P09 NOU 13 '98 15:29 • EXHIBIT TO ACCOMPANY LEGAL r: Exhibit B — — — — 70 `\ 80 I y • \\ LA LOMA AT EAGLE MOUNTAIN 69 _ (EAGLE MOUNTAIN PARCEL 15 ) \\ BOOK 480 OF MAPS. PAGE uG . M. C.R . • • TRACT 'E' 81 I 4, \ \ 0 68 :, • • ,- 3 Jr s . \\ G � �0 82 l 44 \\ `Sty GE EPS I r 67 \ TRACT ' E' \•' Ir \.)-!.._ ?„, 11.03 52 0„ d, r 9 \ N 59.1g 5p•OB' E ��'' R=380.00 TRACT ' D' 6.� . 05"W 50./4" ii /A• L= 5.06' 1 66 • •03 00' D-000.45' 451 511 51 .2� N73.52,10,,1y _ • (n N • ev O , a: ' 65 . 47 %y � ti i '� • 4E Q Q ` 64 45 m c g, EAGLE MOUNTAIN PARCEL 14 " crI N.T.S. BOOK 436 OF MAPS. PAGE 33/ . M.C.R. '" 63 I p .^`� N. , ` 62 . ,,,c,,.. otl. 2 oTomiocz...s, . .!.., 11;1'2 ' 7:723: . • 010.. ' EAGLE MOUNTAIN SHEET 15 1 O err Carter :: Burgess PARCEL1 5, ,os NF 1 UMWER r 1 MI NORTH CENTRAL AVE.SUCt 6S0-PH0ENIX.ARI�NA MU DRAINAGE EASEMENT 97P04804D 'µ?. ' Mt!iS-i309 FAX lb0'!):(•�-83T3 y "..+. rui crc. nr.0 MEMORANDUM ikorsy TO: Honorable Mayor and Town Council g , FROM: Art Candelaria FA P REVIEWED: Randy L. H rrel, Town Enginee41#1 bel4 THROUGH: Pa" . No n, Town Manager DATE: Noe be 19, 1998 RE: Notificatio of Acceptance EAA98-13 Drainage Easement 15827 North Norte Vista Drive Plat 512, Lot Amended 65 The Property owners, John and Robin Provost, have granted a perpetual drainage easement, as shown on the legal description, Exhibit"A"and map, Exhibit"B". Staff requested the grant of this easement due to the amount of drainage water crossing the proposed driveway on this lot. In accordance with our previous practice, no Council action is required. This memo is merely to advise the Council this easement has been acquired. cc: John & Robin Provost L G:\Easement Memo\Grant of Drainage Easement,Plat 513,Lot 65(John&Robin Provost.doc When Recorded Return To: ,, Town Engineer Town of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 GRANT OF EASEMENT John and Robin Provost grantor, for good and valuable consideration, hereby grants to the Town of Fountain Hills, Arizona, grantee, a municipal corporation, its successors and assigns, a perpetual easement for the following purposes, namely: Drainage Easement Plat 512 - Amended, Lot 65 Fountain Hills, Arizona on, over, under and across the ground embraced within the aforementioned plat as described in Exhibit "A" and as depicted in Exhibit "B", situated in the Town of Fountain Hills, State of Arizona. Grantor covenants that grantor is lawfully seized and possessed of this aforementioned tract or parcel of land; that grantor has good and lawful right to sell and convey it; and that grantor will warrant the title and quiet possession Lir thereto against the claim of any person whatsoever. Dated this day o7 /s1 ',t1998. By: / P'otoc� STATE OF ARIZONA ) ss. County of Maricopa ) SUBSCRIBED AND SWORNTO BE before me this ? day of lecee.44r24/ 1998, by No - ' Public My Commission Expires: )1el-e- / 0foe/ .:; OFFICIAL SEAL Grant of Easement-Plat 513,Lot 65(John&Robin Provost.doc '41 BETTY BRANNON Notary Public-stets of/Aeons MARICOPA COUNTY 1"-1 s My oomm.mcpSse May 16,2001 )7 L EXHIBIT "A" Drainage Easement Fountain Hills Final Plat 512 Amended Lot 65 A part of Fountain Hi is Final Plat 512 Amended Lot 65 as recorded in Book 373, Page 42, Maricopa County Records,Maricopa County, Arizona, more particularly described as follows: Beginning at the Westmost corner of said Lot 65; thence North 35 degrees 40 minutes 00 seconds East, along the Northwest line of said Lot 65, a distance of 28.53 feet to a point; thence departing said line, South 34 degrees 06 minutes 07 seconds East a distance of 42.01 feet to a point; thence South 54 degrees 20 minutes 00 seconds East, parallel with the Southwest line of said Lot 65, a distance of 178.68 feet to a point on an East line of said Lot 65; thence South 04 degrees 42 minutes 06 seconds East, along said line of said Lot 65, a distance 18.38 feet to the Eastmost corner of said Lot 65; thence North 54 degrees 20 minutes 00 seconds West, along the Southwest line of said Lot 65 a distance of 230.00 feet to the Point of Beginning. Containing 3,423.85 square feet, more or less, subject to all existing easements. 111 21549 ``-_ OAVIOR - MONlTOOMERY 4,t ,'�. V/lON . EXHIBIT "B" DRAINAGE EASEMENT PLAT 512 - AMENDED LOT 65 FOUNTAIN HILLS, ARIZONA / -- 4's\s s� • / , � \so / , s6. Z1\ ,i , J/ ,> NORTH 1 ;_ SCALE:1'=40' / , / "?. '''/ p0, • L.,, ,,,h/ .;DO i /o) / • ^' nAl ' \�• Z % .\<(‘‘• \ 43"N). ` ` I% ti'` cFE' \ S�ogSF .. • o,Q j�, 009\Fi;j: I�, 0 tk iirt4r--;/L 'fr(7'',- 4/,40,ip/ifkl0.04. ..e.pio. \ It s N YSI .% SS/• i CA.. 21549 \ - Jj ,F ONO a MONTGOMERY % \68> . ' • I f/,0N••. \ 44.=ONA.V. 93. S. 4...„ ft, - rl Chron 387 MEMORANDUM TO: Honorable Mayor and Town Council FROM: Ran• - ►. rrel, Town Enginee THROUGH: Pa I L. o n, Town Manager DATE: D: _v•e 7, 1998 RE: Noti i t ation f Improvement and Usage License Plat 302, Parcel E (EAA 98-19) The property owner, Chaparral City Water Company, has granted an Improvement and Usage License to the Town for Parcel E of Plat 302. The Town owns Lot 9, Block 1, Plat 302 (which adjoins two sides of Parcel E), and owns the right-of-way for El Pueblo Blvd. and a public alley(which together adjoin the other two sides of Parcel E). The Town is allowed to utilize this property for public recreational purposes, as it determines to be suitable for the site. Parcel E will be incorporated into the turfed area for the Plat 302 Park. In accordance with our previous practice, no Council action is required for acceptance of an easement or usage license of property. This memo is merely to advise the Council that this license has been acquired. cc: Greg Bielli, Chaparral City Water Company Robin Goodman Ron Huber Bob Thompson, E-Group L G:\Easement Memo\Memo EAA 98-19,Plat 302,Parcel E,CCWC.doc Fountain Hills Municipal Court Monthly Report November 1998 CASES FILED MONTH FYTD COURT DPS MCSO FHMD PROS L Civil Traffic 301 1,839 (0) (0) (244) (57) (0) Criminal Traffic 27 182 (9) (0) (16) (2) (0) Misdemeanor 47 300 (8) (0) (19) (12) (8) OOP/IPH 11 42 (11) TOTAL 386 2,363 (28) (0) (279) (71) (8) 1997 339 2,067 CASES TERMINATED FISCAL YEAR TO DATE Civil Traffic 366 1,908 Criminal Traffic 21 217 Misdemeanor 41 282 OOP/IPH 11 42 TOTAL 439 2,449 1997 Total 305 1,957 HEARINGS/TRIALS HELD FISCAL YEAR TO DATE Civil Traffic Hearings 7 68 Traffic/Criminal Trials 2 7 Juvenile Hearings 14 66 PTC/OSC/SR Hearings 41 253 OOP/IPH Hearings 3 5 TOTAL 67 393 1997 Total 64 342 1998 Revenue Received $ 29,018 1998 FISCAL YEAR TO DATE $162,963 1997 Revenue Received $21,267 1997 FISCAL YEAR TO DATE $124,628 998 Outstanding Balance $295,123 1997 Outstanding Balance $260,346 TOWN OF FOUNTAIN HILLS IN p; COMMUNITY DEVELOPMENT DEPARTMENT (ow It Date Filed Fee Paid Accepted By �/� z5, /998 _ P P 3 o U c Subdivision Name ` — /C; N2�'�.— 'Z .. Subdivider/Developer (Owner or Rep. Name) (Firm Name) Address Day Phone /&8. 8 t/A2L' 53'7 City f-tom), /-77-4/�/ 1//L_ S,42-/ Zip Planner/Engineer c ._/r-l�,c),(4" (Planner/Engineer Name) (Firm Name) Address Day Phone /-71 /5 vT i7� -9c 9541-c 3 3 Cit ST Zip -- iX .4/C/ I-1,46. � ZC� ;Parcel Size (in acres) Proposed Number of Lots Lot Number(s) Affected Z�. i0 ZZ, 1 Maximum Depth of Cut (in feet) Maximum Depth of Fill (in feet) Please include the following (attach additional sheets): 1. A grading plan showing the areas of cut and/or fill in excess of the 10 foot limitation. 2. A narrative explaining the need for greater than 10 foot cuts and/or fills and what steps have been taken to keep the degree of cuts and/or fills in excess of 10 feet to a minimum. 0- If application is being filed by an agent of the owner, please complete the following shaded section. • 5 p, a�gjg10 a c. ✓.'dg(a ,. _sz3 t-;E .r.et6' bi. (ItTFH Case Number Fee: $300 C -wQS' oc( alPROFESSIONAL SERVICES Civil Engineering • Land Surveying • Project Management TO: Town of Fountain Hills DATE: November 25, 1998 SUBJECT: Firerock Cut and Fill Limitation Waiver Application DEI #98100 There are minimal areas that exceed the 10-foot cut or fill restriction. Efforts to eliminate or minimize these areas have been to: realign roadway alignments both vertically and horizontally, rearrange lots and access to lots, add retaining wall, cross fall streets. Most of these areas were created by the 20 mph sight distance requirement for roadways. L 7600 N. 15th St.•Ste.290•Phoenix•AZ 85020-4331 •(602)954-0038•Fax(602)944-8605•E-Mail: dei@deipro.com•http://www.deipro.com F:\PROJECTS\8100\CORRES\TOFFHM EM.DOC A '�.!!iiiiilig1 1111!!I III 1�' �e fill! I T.... `Rlrirrulururuuurrro.ul .-p_ ,�fi . �. 0 -_ !,111111 111�1m111,1111111 eil- = 1 rC r as ,,iq r.a ,N;r ?�^- 1 •11. 1 1 w E. N •iuiiiui.ii.iiiiauiiuuiii . i h i I i 111 li �� !IIIIIII IIIIIIIII I'III_ f 11 .�f��l •, �" wain i liiin1 1i11M ' a d ; t I L=J ` r 1 ... I. ; . ) t It t/ k a. l Y $" -{ �.� • ram. , �'.i •, 9 al tt A �e 1 4 f/ //•1 '. ) l k t i� \. ,., 6 1 f Z't' t F CV i .' .5 • • ti ' 1 _ r. .` '+ t� '�b , F kg cc! .'t7,;-......-',1' ,•::.,:••,..::••••".'•-•:::•:;•-• ----..--- :••• •'.,..f.\f:7".'',.. . . ., '...',,,..':.',_'' —, -1:',."•':!i:':::''.:'Y'...:.i '..• 1.1 ra i 0LF ROLE..' 16 -1—*4I - .9 - _ 0 og wi o~ 1.� 3 1 I I I I 1 1 LOT FOtafffw�,CONSTRUCTWN wv FIREROCK '- NR PARCEL H-2 ct-,:.., �' '' v OR RECORDING 1'% Y� i,'= 1 ,� 10'CM/PILL WNW ai, TOWN OF FOUNTAIN HILLS PLANNING AND ZONING COMMISSION REPORT DECEMBER 17, 1998 CASE NO.: S98-037 & CFW98-03 LOCATION: South of FireRock Country Club Drive, located within the Fire Rock Country Club Area Specific Plan. REQUEST: Consideration of the Preliminary Plat of FireRock Country Club Parcel "P' Subdivision, which is a 38.56 acre, 20 lot, 2 tract subdivision and a Cut and Fill waiver for a 11.5 foot and a 14.8 foot cut. DESCRIPTION: OWNER: Fire Rock L.L.C. APPLICANT: Dan Kelly for Fire Rock L.L.C. EXISTING ZONING: "R1-35 P.U.D." PARCEL SIZE: 38.56 Acres PROPOSED NUMBER OF LOTS: 20 lots, 2 tracts SURROUNDING LAND USES AND ZONING: NORTH: Vacant, zoned "R1-35 P.U.D." (F.C.C.A.S.P.) SOUTH: Salt River Pima-Maricopa Indian Community EAST: Vacant; zoned "R1-35 P.U.D." (F.C.C.A.S.P.) WEST: Vacant,zoned "R1-35 P.U.D." (F.C.C.A.S.P.) SUMMARY: This request by FireRock L.L.C. is for approval of the Preliminary Plat for the FireRock Country Club Parcel "I" Subdivision and a Cut and Fill waiver for a 11.5 foot, and a 14.8 foot cut. located south of FireRock Country Club Drive. The following staff report will review several aspects of the project, including the following: 1. A review of the FireRock Country Club Area Specific Plan, and the development's conformance with this plan. 2. The subdivision's design and its conformance with the Subdivision Ordinance and the Zoning Ordinance. 3. The request for a Cut and Fill waiver for a 10.5foot, 10.3 foot and a 18.1 foot cut. L Staff Report; S98-037 &CFW98-03 FireRock Country Club Parcel "I" December 10, 1998 Page 2 Conformance with Fire Rock Country Club Area Specific Plan: The adopted General Plan Land Use Map was amended by GPA 97-01; Fire Rock Country Club Area Specific Plan. This area was designated for "Single-Family/Low" density land uses, with a unit range of 40-80 units and a proposed unit count of 19 units. Parcel "F' proposes 20 lots. . Per the adopted development agreement the applicant may increase the unit count by ten (10%) or two lots whichever is greater. As the proposed preliminary plat proposes an increase of one unit from the adopted area specific plan the request is in conformance with the FireRock Country Club Area Specific Plan and the adopted development agreements. After staffs review of the proposed Preliminary Plat Fire Rock Country Club Parcel "I" Subdivision, and the FireRock Country Club Area Specific Plan, staff believes that the proposed subdivision is in conformance with the FireRock Country Club Area Specific Plan. Subdivision Design GENERAL DESCRIPTION: The topography of the property for Parcel "J-2" is sloping hillside with areas of moderate to severe slopes, (exceeding 25%). Slopes of 20-30% are predominate in the proposed subdivision. There are few areas of less than 10% and 10-20% slopes, these are located along the ridge lines The subdivision proposes one new cul-de-sac street off of the future FireRock Country Club Drive. All of the lots meet the "R1-35 P.U.D." zoning district's lot dimension requirements, including those for size and lot width. GRADING: The proposed subdivision complies with the Land Disturbance Standards of the Supplemental Development Agreement for FireRock Country Club. The applicant is providing projected disturbance limits on a lot by lot basis. The Supplemental Development Agreement for FireRock Country Club allows the applicant to provide the required amount of non-disturbance required by the subdivision ordinance in any slope category. Therefore the applicant has conducted a hillside analysis by slope bands and has determined the amount of required preservation. This amount will be distributed on each lot on the Final Plat. The numbers provided by the applicant are their current projected allocations for the disturbance area's lot by lot. Current projections for disturbance in Parcel "I" are below the allowable disturbance limits. The on and off-site subdivision improvements will be shown on forthcoming improvement plans and their construction will be required to be assured prior to Final Plat recordation. tikir ISSUES: Staff Report; S98-037 &CFW98-03 FireRock Country Club Parcel "I" December 10, 1998 Page 3 The Subdivision Technical Review Committee met with the applicant to discuss the preliminary design of the subdivision on October 22, 1998. The applicant has made changes to the original subdivision design which was reviewed by the Committee. The Subdivision Technical Review Committee issues are as follows with the applicant's response following: Community Development Department: General Comments pertaining to all five submittals 1 Resubmit plan having a minimum scale of 1"=40'(Sec 203.A.1). Response: Both plat have been redrafted at the requested scale. 2. Provide the name of the contact person for subdivider and engineer on the Plat (Sec 203.C.2 & 3). Response: The contact person for FireRock is Dan Kelly and the contact for DEI, the project engineer, is Jonathon Stansel(954-0038) 3. Tie by course and distance two corners of the subdivision to separate section or quarter section corners on the plat map. Response: Please see revised preliminary plats. 4. Show minimum setback lines on proposed lots (Sec 203.E.5). Response: Please see revised preliminary plats. 5. Five (5) foot contours are not adequate for review. Show contours at two- (2) foot contours (Sec 303.B.3.6). Proposed grading does not connect into existing contours and is not labeled (by interval or by elevation). Minimum interval is 2'. Without this required information the Town cannot adequately evaluate proposed cut and fill areas. Response: Please see the revised preliminary plats. 6 The required amount of natural preservation as required by the supplemental Development agreement must be included on the plat on a lot by lot basis. Please provide a table with the required square footage for each lot. The Town is in possession of the amount of transferable hillside disturbance eligible from the 386 acres in each of the four Staff Report; S98-037 &CFW98-03 FireRock Country Club Parcel "I" December 10, 1998 Page 4 slope categories as agreed to in the Development Agreement. The Town will track on a project-by-project basis these amounts of hillside disturbance transfers. It is the responsibility of the developer to leave adequate amounts of allowable hillside disturbance for later subdivisions to allow for their developability Response: The overall slope categories for the plats has been provided and the allowable disturbance. Individual lot disturbance will be provided at the time of final plat as the building envelopes are still in the design stage. (Note: Staff and the applicant have arrived at a method of tracking Hillside Disturbance which meets the requirements of the Supplemental Development Agreement) 7. Show locations of sidewalks on plat per section 306.C. Response: Please see the revised preliminary plats. 8. Roadway grading is excessive, cut/fill slopes extend 115 feet into lots in some places. Use 2 to 1 slopes and daylight the cut/fill. No cut/fill waivers were approved for parcel roads. Response: Cut and fill waivers will be reviewed on a case by case basis for the individual plats. Roadway slope grading will be steepened as much as permissible during construction, given the soil conditions. (Note:Revised plans show much less sever amounts of grading and utilize retaining walls in some cases, there are two areas of excess cut on this plat CFW98-03) 9. Indicate all areas of significant vegetation and/or rock outcroppings and provide Hillside Protection Easements for each. Response: If they exists they are shown on the preliminary plats. 10. Section 503 (D) of The Subdivision Ordinance for the Town of Fountain Hills states: Limitations on Cut and Fill. The height of any fill or the depth of any cut area, including grading for the construction of public or private streets, as measured from natural grade, shall not be greater than ten feet regardless of whether the fill or cut is retained, unretained, or a combination thereof... These limitations may be waived by the Town Council. Prior to Town Council approval of the preliminary plat revise the preliminary grading plans to show conformance with this regulation or gain Town Council approval of a waiver or waivers for those cut and/or fills exceeding ten feet. Staff Report; S98-037 &CFW98-03 FireRock Country Club Parcel "I" December 10, 1998 Page 5 Identify all areas where cut/fill grading in excess of 10 feet is proposed. Response: Please refer to our response to item#8. (Note: There are two areas of greater than 10 foot cut in Parcel "I"CFW98-03) 11. Sections 503 (C), (E) and (F) of The Subdivision Ordinance for the Town of Fountain Hills state: C. Height of Unretained Cut or Fill. If the natural grade or the subdivision finished grade if the property was subdivided or re-subdivided after September 20, 1991, is less than a 10 percent gradient, the maximum amount of unretained fill or cut shall be four feet above/below the natural grade, or subdivision grade. Where the natural grade or the subdivision finished grade if the property was subdivided or re-subdivided after September 20, 1991 has a gradient of 10 percent or more, the maximum amount of unretained fill or cut shall be six feet above/below the natural grade or subdivision finished grade. Any fill or cut grading in excess of these amounts must be contained by retaining walls. E Maximum Slope of Fill Grading. Any unretained fill slope, if allowed, shall have a maximum three foot horizontal to every one foot vertical fill. The maximum slope of fill for roadway construction shall be at the discretion of the Town Engineer. F. Maximum Slope of Cut Grading. Maximum steepness of exposed cut slopes is dependant on the stability of the material excavated, and shall be prescribed by the Town Engineer. However, exposed cut slopes adjacent to side and rear property lines may be no steeper than three feet horizontal to every one foot vertical. The proposed roadway grading plans are inconsistent with Sections 503 (C), (E) and (F). Revise your roadway grading plans to be in conformance with these regulations. Response: It has never been our understanding that roadway cuts and fills were subject to the provisions of Section 503(C), however, we fully intend to work with the Town staff to properly mitigate the impact of all cut and fill slopes. We will also continue to cooperate with the Town engineering in determining the appropriate slopes for all cuts and fills.(Note:Revised plans show much less sever amounts of grading and utilize retaining walls in some cases) 12. Remove Zoning information not pertaining to "Rl-35H" from plat. The approved PUD permits only as many as two (2) flag lots together. Revise plans to comply with Staff Report; S98-037 &CFW98-03 FireRock Country Club Parcel "I" December 10, 1998 Page 6 Ordinance 97-46. Response: Please see the revised narrative on the preliminary plats. 13. Provide street names for new roads. Response: FireRock is currently engaged in developing a community theme and would like to complete this process before naming the individual streets. 14. Corner lots require a no-build easement or comparable easement (Sec 308.17) along street side yards if a non-buildable parcel, easement or additional right-of-way equal to the street side setback of the zoning district or twenty (20) feet, whichever is greater. Provide these easements or parcels of land as required in Sec 303.13.6 Response: The exhibit referenced in the Subdivision Ordinance Section 308.F indicates this provision applies to side street or rear yards adjacent to Major Collector or Arterial streets. FireRock has no such street section so we do not believe this ordinance applies. (Note:Revised plans have the required N.B.E., no build easements.) 15. All subdivisions will be replats of the Fire Rock Country Club Master Plat. Reflect this in the subdivision titles. Response: Agreed. 16. Submit documentation (in the form of concept site plans and conceptual Hillside Protection Easement locations) that all proposed lots are buildable without the need of future variances. Show that a single-family house can be developed on each of these lots, Parcel I lots 1-3, & 6-12, Parcel J-2 lots 7-13,18, 21 & 24, without a cut/fill waiver, with a driveway not exceeding 18% slope, within the setbacks, and in conformance with Section 504 of The Subdivision Ordinance for the Town of Fountain Hills. Response: We feel that this requirement is difficult to address since we sill not be building the individual homes, but we will attempt to provide you with typical designs which will address your concerns. (Note: Staff is working with the applicant to obtain examples of development which would not require waivers or variances.) 17. Submit a landscape plan with the improvement plans. Landscape areas should include the unlotted frontages, cul-de-sac bulb ends, median islands, and the downhill face of retaining walls" (outside of the lots). All other disturbed areas shall be revegetated. Indicate that these areas will be maintained by a homeowners' association. L Staff Report; S98-037 &CFW98-03 FireRock Country Club Parcel "P' December 10, 1998 Page 7 Response: We will supply landscape plans with the final plat and improvement plans. 18. Add a 1' VNAE along all unlotted street frontages. Response: Agreed. 19. Line weights for roadway and proposed grading are the same. This makes the plans very difficult to read. Revise line weights. Response: Please see the revised preliminary plats. Parcel "I" 20. Provide a H.P.E. on Tracts "C-F". This will insure non-development in the future! Response:Agreed 21. Dimensions on street frontage for lots 16 -18 are not clearly defined. Hash marks are missing between dimensions. Response: Please see the revised preliminary plat. 22. Remove from title "and a re-subdivision of portions of plats 412-A, 412-B &415" Response: It has been corrected. 23. Remove "Parcel "I" designations from lots 3 & 6. Response: The parcel identification has been relocated on the sheet. Fountain Hills Fire District: Parcel I 1 . Lot 4 may require underground horizontal (dry) standpipes (Depends on pad location). Response: We understand that this will be an issue to be addressed with the improvement plans. ,,, 2. Add 1 hydrant between lots 1 & 2. Staff Report; S98-037 &CFW98-03 FireRock Country Club Parcel "I" December 10, 1998 Page 8 Response:Agreed. Fountain Hills Engineering Department: Parcel I Preliminary Plat General 1. Provide soils report with final plat submittal Response:Agreed 2. Submit survey closures for legal description with final plat submittal Response:Agreed Sheet 1 of 3 1. Show hillside collector street cross-section for FireRock Country Club Drive and hillside local cross-section for cul-de-sac road. Response: Please see revised preliminary plat. 2. Explain slope treatment alternatives. Response: We base slope treatments on each individual occurrence as field conditions allow. 3. Show street names on index map. Response: FireRock is currently engaged in developing a community theme and would like to complete this process before naming the individual streets. 4. Add note allowing surface drainage to flow lot to lot. Response:Agreed. Sheet 2 and 3 Staff Report; S98-037 &CFW98-03 FireRock Country Club Parcel "I" December 10, 1998 Page 9 General Comments Show all easements (Public Utility (PUE); Drainage (DE); Sidewalk (SWE, etc). Response:Agreed. Provide a legend. Response Agreed. Label existing and proposed utilities (sewer, water, fire hydrants, etc) and show sidewalk and pedestrian ramp locations. Response:Agreed. Plat bearings and distances are to match legal descriptions. Response:Agreed. Specific Comments 1. Clarify road grading and slopes adjacent to lot frontages. Show road elevations at 2' contours. Show cross-sections where indicated. Show road % slopes. Response: Please see revised preliminary plat. 2. Provide sufficient grading details to prove there is safe and compliant access to all lots adjacent to significant road grading (cut and fill slopes). Some lots are affected by frontage grading but specifically, check Lots 1, 7, 11 and 15. Use retaining walls and/or rock cut (sliver cut) for Lot 5 frontage grading. Response: Slopes will be steepened where soil conditions allow. The use of retaining walls will be considered where they are most beneficial. 3. Show all easements. Show catch basins and pipe locations. Response:Agreed 4. Provide an 8" water main line in place of 6" line within the cul-de-sac. Provide a PRV station within FireRock Country Club Drive (near Tract B).