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Home My WebLink About1999.0121.TCREMP.Packets 4��AIN�1 NOTICE OF REGULAR AND EXECUTIVE SESSION wp o OF THE ° °� FOUNTAIN HILLS TOWN COUNCIL �• i9 that is is Aio Mayor Morgan Councilman Apps Councilwoman Wiggishoff Councilman Wyman Vice Mayor Poma Councilman Mower Councilwoman Hutcheson WHEN: THURSDAY, JANUARY 21, 1999 TIME: 6:30 P.M. WHERE: TOWN HALL COUNCIL CHAMBERS 16836 E. Palisades, Building B RULES FOR ADDRESSING THE COUNCIL—ADOPTED 1/18/90 Le 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 Steve Gilbertson,Fountain Hills Community Church • 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/Executive Session January 21 1999 *1.) Consideration of APPROVING THE MEETING MINUTES of January 7, 1999. *2.) Consideration of the LIQUOR LICENSE APPLICATION submitted by Michael Basha for Mega Foods 102, formerly located at 5810 West Peoria, Glendale, Arizona. The application transfers the #9 license recently acquired by Bashas Inc. to the Bashas located at 16605 East Palisades Boulevard, Fountain Hills, thereby keeping the soon to expire license active. *3.) Consideration of AWARDING THE BID for town employee health insurance services for calendar year 1999. *4.) Consideration of the PRELIMINARY AND FINAL PLAT for the 2-unit 16623 E. Ashbrook Drive Condominiums, located at 16623 Ashbrook Drive, Case Number Z98-051. *5.) Consideration of the PRELIMINARY AND FINAL PLAT for the 2-unit Arroyo Condominiums, located at 16448 Arroyo Vista Drive, Case Number Z98-052. *6.) Consideration of the PRELIMINARY AND FINAL PLAT for the 3-unit Gallery Homes Condominiums 4, located at 12828 Mountainside Drive, Case Number Z98-053. *7.) Consideration of the PRELIMINARY AND FINAL PLAT for the 2-unit Blue Chip Condominiums Unit 31, located at 14248 N. Ashbrook Drive,Case Number Z98-054. *8.) Consideration of the PRELIMINARY AND FINAL PLAT for the 2-unit Blue Chip Condominiums Unit 32, located at 14257 N.Fountain Hills Blvd., Case Number Z98-056. 9.) MONTHLY REPORT by Magistrate Stuart Shoob. 10.) PRESENTATION by Town Auditor Craig Trbovich of the Comprehensive Audit Financial Report (CAFR) for the Town of Fountain Hills for fiscal year ending 6/30/98 with possible acceptance by the Town Council. 11.) UPDATE on the Community Center bid opening by Town Manager Paul Nordin. 12.) LEGISLATIVE UPDATE by Town Manager Paul Nordin. 13.) Consideration of ORDINANCE 99-02 amending the Town Code, Chapter 2, Mayor and Council, Article 2-1, Council, Section 2-1-1, Elected Officers, and Section 2-1-3, Assumption of Duties; and Article 2-2, Mayor, Section 2-2-2, Vice Mayor, by increasing the term of the mayor from two (2) years to four (4) years commencing with the term of office to begin the first regular town council meeting in June, 2000; and by correcting other code sections in accordance therewith. 14.) Consideration of RESOLUTION 1999-04 authorizing the execution of a pre-annexation development agreement by and between the Town of Fountain Hills and MCO Properties, Inc. regarding the development of approximately three hundred thirty (330) acres of land located at the northwest corner of Shea Boulevard and Palisades Boulevard. 15.) Consideration of RESOLUTION 1999-05 establishing the Fountain Hills McDowell Mountain Preserve. 16.) PUBLIC HEARING on rezoning 101.85± acres of land, located north of the Puerto Del Lago subdivision, north and east of the Arriba Del Lago subdivision, east of the Rancho Montana subdivision, south of the Mirage Heights Condominiums and south and west of the Plat 303 subdivision from the "R-3 RUP", "R-4" and "R-5" zoning districts to the "R1-6A PUD" zoning district, Case Number Z98-17 (continued from the December 10, 1998 meeting). Town of Fountain Hills Page 2 of 4 Last printed 01/20/99 10:37 AM Town Council Meeting Agenda Regular/Executive Session January 21 1999 17.) Consideration of ORDINANCE 99-03 rezoning 101.85± acres of land, located north of the Puerto Del Lago subdivision,north and east of the Arriba Del Lago subdivision, east of the Rancho Montana subdivision, south of the Mirage Heights Condominiums and south and west of the Plat 303 subdivision from the "R-3 RUP", "R-4" and"R-5" zoning districts to the"R1-6A PUD" zoning district, Case Number Z98-17. 18.) Consideration of a CUT AND FILL WAIVER for the proposed Diamonte Del Lago subdivision, Case Number CFW98-01. 19.) Consideration of the PRELIMINARY PLAT for the Diamonte Del Lago subdivision, Case Number S98-032. 20.) Consideration of the PRELIMINARY PLAT for the 6.43± acre, 3 lot proposed Hilltop at Sunridge Canyon subdivision, located at the northeast corner of the intersection of Palisades Boulevard and Sunridge Drive, Case Number S98-043. 21.) PUBLIC HEARING to receive comments on a Special Use Permit application to permit the sales and dispensing of alcoholic beverages in a C-C Zoning District, specifically at 17149 E. Amhurst, aka Plat 202, Block 1,Lots 8 &9,Case Number SU98-06. 22.) Consideration of the SPECIAL USE PERMIT application to permit the sales and dispensing of alcoholic beverages in a C-C Zoning District, specifically at 17149 E. Amhurst, aka Plat 202, Block 1, Lots 8 & 9, Case Number SU98-06. 23.) PUBLIC HEARING on ORDINANCE 99-04 amending Chapter 7 of the Zoning Ordinance for the Town of Fountain Hills to require off-street guest parking and require that parking space calculations be rounded up to the next whole parking space,Case Number Z98-21. `r 24.) Consideration of ORDINANCE 99-04 amending Chapter 7 of the Zoning Ordinance for the Town of Fountain Hills to require off-street guest parking and require that parking space calculations be rounded up to the next whole parking space, Case Number Z98-21. 25.) PUBLIC HEARING on rezoning 9.7± acres of land within Parcel "F" of the Sunridge Canyon Subdivision from the "R1-10A" Zoning District to the "OSR" Zoning District, Case Number Z98-16. 26.) Consideration of ORDINANCE 99-05 rezone 9.7± acres of land within Parcel "F" of the Sunridge Canyon Subdivision from the "R1-10A" Zoning District to the "OSR" Zoning District,Case Number Z98-16. 27.) PUBLIC HEARING on rezoning .621 acres of land within Parcel "L" of the Sunridge Canyon Subdivision from the "OSR" Zoning District to the "R1-6A" Zoning District and 4.052 acres of land within Parcel "L" from the "R1-6A" Zoning District to the "OSR" Zoning District,Case Number Z98-18. 28.) Consideration of ORDINANCE 99-06 rezoning .621 acres of land within Parcel "L" of the Sunridge Canyon Subdivision from the "OSR" Zoning District to the "R1-6A" Zoning District and 4.052 acres of land within Parcel "L" from the "R1-6A" Zoning District to the "OSR" Zoning District,Case Number Z98-18. 29.) 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. tose 30.) Pursuant to A.R.S. 38-431.03.A.3 and A.R.S. 38-431.03.A.7, VOTE TO GO INTO EXECUTIVE SESSION for discussion or consideration for legal advice with the attorney or attorneys of the public body; AND Town of Fountain Hills Page 3 of 4 Last printed 01/20/99 10:37 AM Town Council Meeting Agenda Regular/Executive Session January 21 1999 discussions or consultations with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiation for the purchase of lease of real property;respectively. (11Aw 31.) RETURN TO REGULAR SESSION. 32.) ADJOURNMENT. DATED this 20th day of January 1999. ( 444_(_ .L15 By: C.e/ gt1A1.42.4..AD 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 L Town of Fountain Hills Page 4 of 4 Last printed 01/20/99 10:37 AM (iv Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL bjl,Nx•t- Date:From: CASSIE HANSEN, TOWN CLERK 01/20/99 Re: AGENDA UPDATE There are just a few minor changes to the agenda. Please make note of the following: NEW C., AGENDA ITEMS *4 THRU *8— PRELIMINARY & FINAL PLATS • With the`'consent" of Councilman Mower, these items were moved from original positions 25 thru I 29 to the consentx agenda.'R=No charges have been made to the items. If( O ,--- A ITEM#14- D� „OPMENT AGREEMENT FOR DIAMONTE DEL LAGO . Hill barrel and Je a der_ requested that this item be pulled and postponed for additional clarification. Included with this agenda,is Je s staff report for the remaining Diamonte Del Lago subdivision ms If staff can be of any assistance, please do not hesitate to call. Page 1 of 1 Cassie Hansen Last printed 01/20/99 10:50 AM 01/20/99 MEMORANDUM TO: THE HONORABLE MAYOR AND TO C N IL FROM: PAUL L. NORDIN,TOWN MANAGER DATE: JANUARY 15, 1999 RE: MANAGER'S REPORT FOR THE JANUARY 21ST COUNCIL MEETING Reminder: There are five public hearings scheduled on this agenda and an Executive Session to follow. I will be out of the office on Monday and Tuesday, January 18th and 19th, visiting my mother in Oregon. Please refer your questions to Cassie or Sue. CONSENT AGENDA: There are only three items on the consent agenda. Please review each item and contact me should you determine any should be removed. AGENDA ITEM#4—MAGISTRATE COURT'S MONTHLY REPORT: Magistrate Stuart Shoob will present the court activity report for the month of December 1998. AGENDA ITEM#5—REVIEW OF TOWN'S FINANCIAL REPORT: Mr. Craig Trbovich, auditor from Cronstrom & Trbovich, P.C., will make a presentation on the Town's annual financial report. We are very pleased with the results of this year's audit. Craig will answer any questions that the Council may have regarding these reports. Please see Julie's memo. AGENDA ITEM#6—COMMUNITY CENTER BID OPENING REPORT: As the Council is aware, we received bids this week for construction of the community center. Please see my enclosed memo. AGENDA ITEM#7—LEGISLATIVE UPDATE FROM TOWN MANAGER: I visited the State Capitol three times within the past two weeks and met with a whole host of senators and representatives. I will give the Council a brief report of my observations on Thursday. L AGENDA ITEM# 8—ORDINANCE 99-02/INCREASE MAYORAL TERM TO FOUR YEARS: Vice-Mayor Poma and I have been discussing for a number of months the possibility of expanding the mayoral term from two years to four years. If the Council makes such a decision, it would not apply to Mayor Morgan's current term. However, it would apply to the next mayoral election scheduled in the year 2000. Please refer to Bill's attached memo. AGENDA ITEM#9 - RESOLUTION 1999-04/PRE-ANNEXATION AGREEMENT: This item requests Council's authorization to execute the pre-annexation agreement between the Town and MCO for proposed future development of the "Crestview" property. Staff recommends approval. Bill's memo is attached. AGENDA ITEM#10—RESOLUTION 1999-05/MCDOWELL MOUNTAIN PRESERVE: The McDowell Mountain Preservation Commission has endeavored to formally establish a Preserve Management Plan for the Fountain Hills McDowell Mountain Preserve. Jeff's attached report includes a summary of their recommendations for Council's review. AGENDA ITEM# 11 & # 12—PUBLIC HEARING/ORDINANCE 99-03/ DIAMONTE DEL LAGO SUBDIVISION: This public hearing on the agenda is to receive input concerning the rezoning of 101.85 acres of land in the Lakeside development area. After the hearing, council will consider the rezoning of this land from R-3 RUP, R-4, and R-5, to R1-6A PUD. Please see Jeff's report. AGENDA ITEM# 13—CUT AND FILL WAIVER/DIAMONTE DEL LAGO: AGENDA ITEM# 14—RESOLUTION 1999-06/DEVELOPMENT AGREEMENT/DIAMONTE DEL LAGO: AGENDA ITEM# 15—PRELIMINARY PLAT/DIAMONTE DEL LAGO: The staff report for these items will be provided for Council's review next week, probably on Tuesday. Please see Jeff's memo. AGENDA ITEM# 16—PRELIMINARY PLAT/HILLTOP AT SUNRIDGE: This item requests approval of a 6.43 acre, 3-lot, single family subdivision currently used as the Sunridge sales center. The project obtained unanimous recommendation for approval by staff and the Planning and Zoning Commission. Jeff's memo is enclosed. L Manager's Report January 21,1999 Council Meeting Page 2 of 4 AGENDA ITEM# 17 & # 18—PUBLIC HEARING/SPECIAL USE PERMIT/ SALE OF ALCOHOLIC BEVERAGES: (tiw. The next public hearing will be held to obtain input regarding a special use permit application to sell alcoholic beverages at a future restaurant site location at 17149 E. Amhurst Drive. Approval was recommended unanimously by the Planning and Zoning Commission. Please refer to Geir's report. AGENDA ITEM# 19 & #20—PUBLIC HEARING/ORDINANCE 99-04/GUEST PARKING IN MULTI-FAMILY DEVELOPMENTS: This public hearing is scheduled to receive input regarding a requirement that developers provide guest parking spaces in multi-family developments. The Town currently does not have any requirement, although developers often voluntarily provide the extra spaces. The Planning and Zoning Committee unanimously recommended approval. Please see Jeff's memo. AGENDA ITEM#21 & #22—PUBLIC HEARING/ORDINANCE 99-05/ PARCEL F AT SUNRIDGE: The next public hearing is on the agenda to acquire comments concerning the rezoning of 9.7 acres in Sunridge Canyon's Parcel F from R1-10A to OSR. The Planning and Zoning unanimously recommended approval of this rezone. Jeff's memo is attached. AGENDA ITEM#23 AND#24—PUBLIC HEARING/ORDINANCE 99-06/ PARCEL L AT SUNRIDGE: This public hearing will be to obtain public input on the rezoning of 4.052 acres in Parcel L, Sunridge Canyon, from R1-6A to OSR, and .621 acre from OSR to R1-6A. This rezoning was unanimously recommended for approval by the Planning and Zoning Commission. Please refer to Jeff's enclosed memo. AGENDA ITEM#25—PRELIMINARY AND FINAL PLAT/ASHBROOK DRIVE CONDOS: This item requests the condominiumization of an existing 2-unit project located at 16623 E. Ashbrook Drive. Permits have been obtained and construction is completed. The Planning and Zoning Commission unanimously approved this item. Please see Dana's memo. AGENDA ITEM#26—PRELIMINARY AND FINAL PLAT/ARROYO CONDOS: Condominiumization of an existing 3-unit project located at 16448 Arroyo Vista Drive is requested. Construction is complete. This project was unanimously recommended for approval by the Planning and Zoning Commission. Dana's memo is attached. L Manager's Report January 21,1999 Council Meeting Page 3 of 4 AGENDA ITEM#27—PRELIMINARY AND FINAL PLAT/GALLERY HOMES CONDOS: 1/4100, This item requests the condominiumization of a 3-unit development currently under construction located at 12828 Mountainside Drive. Building permits have been obtained. This project was unanimously recommended for approval by the Planning and Zoning Commission. See Dana's memo. AGENDA ITEM#28—PRELIMINARY AND FINAL PLAT/BLUE CHIP CONDOS: Consideration of the condominiumization of a 2-unit project located at 14248 N. Ashbrook Drive is requested. Permits have been obtained and it is under construction. The Planning and Zoning Commission unanimously recommended this project for approval. Dana's report is attached. AGENDA ITEM#29—PRELIMINARY AND FINAL PLAT/BLUE CHIP CONDOS: The final request for condominiumization pertains to the 2-units located at 14257 N. Fountain Hills Blvd., currently under construction. Permits were obtained. This project was also unanimously approved by the Planning and Zoning Commission. Please refer to Dana's memo. AGENDA ITEM#34—EXECUTIVE SESSION WITH TOWN ATTORNEY: This executive session is planned for council's discussion concerning the acquisition and purchase of real property. Cry Manager's Report January 21,1999 Council Meeting Page 4 of 4 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor `-�� 400 W Congress #150 NrN,,;.i Tucson AZ 85701 Phoenix AZ 85007 .iz. _ (602) 542-5141 �"j w r, C(5&(520) 628-6595 a!!�� Lxr �vt' `%� 4t•w,ti. o — ��NM!�w� s.y SA"4',.Y�':ti5iw 5'z+ • _. t f :�, �, APPLIGAITE0 13 ORLI/UOR LICENSE '`w � ,...a ' ,,:: �+ .r#-4' i r � 8 nu:,.;p t .,.., yr +"Y"`... < ,-�.., ..'.'sY. , a>.,, a,1�n•,, � ,r ""�`._ '"?�"".Y°�"+"�" .....:,,:-.-..,4„,f.: '.+�X. z'...d ...�,'FT":t!,,..... �.. .. NOTE: PROCESSING APPLICATIONS TAKES APPROXIMATELY 90 DAYS,AND CIRCUMSTAN OFTEN RESULT IN A LONGER WAITING PERIOD. You ARE CAUTIONED REGARDING PLANS F eat)��V CC�U ETC.,BEFORE APPROVAL AND ISSUANCE THE I TYPE OR PRINT WITH BLACK INK l�CC �OC DEC 2 9 1998 Ci d/f10• SECTION 1 This SECTION 2 application is for a: Type of ownership: p rl+L I-1' 9.5 h ❑INTERIM PERMIT Complete Section 5 TOWN CLERK FOUNTAIN HILLS ❑J.T.WRO.S. Com fete Section 6POt 0 NEW LICENSE Complete Sections 2,3,4,13,14,15,16,17 0 INDIVIDUAL Complete Section 4'r% d-a i'C- I• I$*5 5 0 PERSON TRANSFER(Bars&Liquor Stores ONLY) 0 PARTNERSHIP Complete Section 61fl Lev.rev... I Complete Sections 2,3,4,11,13,15,16,17 ❑CORPORATION Complete Section 7 • ' . i' LOCATION TRANSFER(Bars and Liquor Stores ONLY) 0 LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2,3,4,12,13,15,16,17 ❑CLUB Complete Section 8 PROBATE/WILL ASSIGNMENT/DIVORCE DECREE 0 GOVERNMENT Complete Section 10 Complete Sections 2,3,4,9, 13,15,17(fee not required) 0 TRUST Complete Section 6 0 GOVERNMENT Complete Sections 2,3,4,10,13,15,16,17 ❑OTHER Explain SECTION 3 Type of license and fees: LICENSE#: Type of License: 2.Total fees attached herewith: $ tr PPLICATION FEE AND INTERIM PERMIT FEES(IF APPLICABLE)ARE NOT REFUND4BLE� IJ _ SECTION 4 Applicant: (All appli must completethis section) = , Mr. iv .. .Sppiicant/Ag 3l fi/lit, C1� ent s Name:Ms. , A-L(' ---1 r- (Inse t one name ONLY to appear on license)Last First Middle _ 5 =. CorpiParmership/L.L.C.: tly as it appeals n Ar�ticle�s of Inc.or Articles/cl of Org.) 3. Business Name: C i(�VI5 /V1 (F:nrdy as Ca r(appears on the exterior of premises) i $ i , • -. 3usiress Address: 1 �I n 5 Pi, c3 --Bl Utz- Ytt-1 / L'A--- 7( 'l 5 PIL 2�-) ev C (Do not use PO Box Number) City COUNTY Zip `. Business Phone: ( ) Residence /Phone:( ) :s the business located within the incorporated limits of the above city or town? YES ONO - Mailing Aairess: //,, City State Zip .. Winter the:mount paid for a 06,07,or 09 license: S . (Price of License ONLY) / DEPARTMENT USE ONLY . .�cepted by: Lti Date: ic-; / i" / C�C' Lic.# / / '�-/ Fees: S Application Interim Permit Agent Change Club F.Prints TOTAL *Disabled individuals requiring special accommodation,please call the Department. :oo > ARIZONA DEPAk..1VIENT OF LIQUOR LICE; SIEw gfcCONTROL DEc l .....„0„,...„,„,,,,,, 49W Congress #150 800 W Washington 5th Floor ,; r 2 S3 , Phoenix AZ 85007 --- ,zf iw �. �, � c AZ 85701 (602) 542-51414‘ (520) 628-6595 v.,Fu�r .+x+;,p. ff. 44 ri,p. rl^" .+."y„' �&. ry:;"'1 .., �,�,�yr.s r.may Ns '- ro• lipat4sai i'7'A o N. V f ,,u, u.r R- .,� Y ;yt s ,.'. y . . >i�J." dk"i•a.� �� ... ... eA? ..., . _. .. y 4!n,+R�` .r ' : ia ttfi�ys NOTE: PROCESSING APPLICATIONS TAKES APPROXIMATELY 90 DAYS,AND CIRCUMSTANCES OFTEN RESULT IN A�LONGER WAITING PERIOD. You ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING,ETC.,BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. TYPE OR PRINT WITH BLACK INK SECTION 1 This application is for a: SECTION 2 Type of ownership: ❑INTERIM PERMIT Complete Section 5 0 J.T.W.R.O.S. Complete Section 6 ❑NEW LICENSE Complete Sections 2,3,4,13,14,15,16,17 0 INDIVIDUAL Complete Section 6 ❑PERSON TRANSr (Bars&Liquor Stores ONLY) ❑ ARTNERSHIP Complete Section 6 Complete Sections 2,3,4,11,13,15,16,17 CORPORATION Complete Section 7 LOCATION TRANSFER(Bars and Liquor Stores ONLY) LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2,3,4,12,13,15,16,17 0 CLUB Complete Section 8 ❑PROBATE/WILL ASSIGNMENT/DIVORCE DECREE 0 GOVERNMENT Complete Section 10 Complete Sections 2,3,4,9,13,15,17(fee not required) 0 TRUST Complete Section 6 ❑GOVERNMENT Complete Sections 2,3,4,10,13,15,16,17 0 OTHER Explain SECTION 3 Type of license and fees: LICENSE#: 0 Cl 07 c q a�� 1. Type of License: 1 2.Total fees attached herewith: $ APPLICATION FEE AND INTERIM PERMIT FEES(IF APPLICABLE)ARE NOT REFUNDABLE. SECTION 4 Applicant: (All applicants must complete this section) - l 1. Applicant/Agent's Name:Ms��1. . 't_ -� )�l L ( C Ct Q ir (Insert one name ONLY t=pear on license)Last Fuss Middle I 1 2. Corp./Partnership/L.L.C.: `�C e ti7 1,A. ) -`i i' . (Exactly as it appears on Articles of Inc.or Articles of Org.) , 3. Business Name: rnfc (27 A i--CC I `- ___ (Exktly as it appears on the exterior of premises) i 1 r 1 - 4. Business Address:-_� / C 1 p i I .k__ - ( ,---Il/ i��_t (-• /)'(.i �,L ��j _- (`) J 2C (Do not use PO liox Number) City COUNTY Mp �1 / J `// �' I (�' -. Business Phone: ((-�,^Z) L f L1(( —l ('' 7 I Residence Phone:(( .t ?`I ' - " \( _L7 / Is the business located within the incorporated limits of the above city or town?,, `YES ONO • Mailing Address: I I . C% -�C'� �> Yam- \ �� ^�\ .-7 -; a `J State Ztp '. Enter the amount paid for a 06,07,or 09 license: $ . (Price of License ONLY) DEPARTMENT USE ONLY Li Accepted by: �— Date: (a / 14 11 O Lic.# o ci L l c a i Fees: Il . "— _ 44- $(c311_ — , l Application Interim Permit Agent Change Club F.Prints TOTAL *Disabled individuals requiring special accommodation,please call the Department _ctoo :196 ! - L OFFICERS OFFICERS NAME ADDRESS CITY-STATE-ZIP COB/CEO EDWARD N.BASHA,JR. 15 BULLMOOSE DRIVE CHANDLER,AZ 85224 PRESIDENT WAYNE C.MANNING 11132 E.VILLA PARK CHANDLER,AZ 85248 Chief Operating Officer EXEC VICE PRES AL BASILA 8432 N. 18TH AVENUE PHOENIX,AZ 85021 General Manager SR VICE PRES DARL ANDERSEN 924 N. HERITAGE MESA,AZ 85201 Chief Financial Officer SR VICE PRES EDWARD R.FELIX 1214 W. ESPLANADE MESA.AZ 85201 Whse/Dist Operations &Secretary AGENT MICHAEL J.BASHA 14815 S. 14TH PLACE PHOENIX.AZ 85048 STOCKHOLDERS STOCKHOLDERS ADDRESS CITY/STATE % OF OWNERSHIP (OVER 10%) EDWARD N.BASHA,JR. 15 BULLMOOSE DRIVE CHANDLER.AZ 85224 48 KAREN RISHWAIN 2350 MOREING RD. STOCKTON,CA 95204 15 CAMILLE BASHA COLONIAMIRAMONTE#5 SCOTTSDALE.AZ 85253 12 CONST.NCE VITALE 1015 SAN MARINO AVE SAN MARINO.CA 91108 12 JULY 1996 WP OFFICERS.WPD L SECTION 7 Corporation/Limited Liability Co.: EACH PERSON USTED MUST SUBMIT A COMPLETED FORM 101,AN"APPLICANT"TYPE FINGERPRINT CARD,AND FEE FOR EACH CARD. CORPORATION Complete questions I,2,3,5, 6,7,8. Le. Cgmplete questions I,2 ,5,,n6,7 and attach copy of Articles of Org.and Operation Agreement. 1. Name of Corporation/L.L.C.: ��=Yw?`,� "4 "Y l C . (Exactly as it appears on Articles of Inc.or Articles of Org.) 2. Date Incorporated/Organized: /y C tate where Incorporated/Organized: Qj 1 C �+.L 3. AZ Corporation Commission File No.:C /C kr-51 Ott,Date authorized to do business AZ: 4. AZ L.L.C.File No: Date authorized to do business in AZ: 5. Is CorpJL.L.C.non-profit? ❑YES O If yes,give IRS tax exempt number 6. List all directors,officers,controlling ockholders or members in Corporation/L.L.C.: Last Fast Middle Title Residence Address City State Zip _�. c. _ _ (ATTACH ADDmONAL SHEET IF NECESSARY) 7. List stockholders or controlling members owning 10%or more: Last First Middle %Owned Residence Address City State Zap CC Ik0 � 90 • I % (ATTACH ADDITIONAL SHEET IF NECESSARY) 3. If the corporation/L.L.C.is owned by another entity,attach an ownership,and director/officer/members disclosure for the parent entity. Attach additional sheets as necessary in order to disclose real people. SECTIO Club Applicants: EACH PERSON USTED SUBMIT A COMPLETED FORM 101,AN"APPLICANT"TYPE FINGERPRINT CARD,AND FEE FOR EACH CARD. 1. Name of Club: Date Chartered: / / (Exactly as it appears on Clu ) (Attach a copy of Club Charter) I Is club non-profit? ❑YES ❑NO If yes,give tax exempt number. 3. List officer and directors: Last First Middle Title Residence Address City State Zap i (ATTACH ADDITIONAL SHEET IF NECESSARY) SECTION 12 Location to Location Tr 'er. (Bars and Liquor Stores ONLY) APPUCANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE. 1. Current Business Name and Address: / !�V 1 r--U.,) 1 C , (Exactly as it appears on license) DX / . fx , , I (7C C- C:1 . i-01C_ - -��-ram. 2. New Business Name and Address: 1 ��( l �1 0 ',L I) (Do not use PO Box Number) - -17\ 3. License Type: `' 9License Number: / //l -'/� _ /c-a(S(1/ Last Renewal Date: / / 4. What date do you plan to move? /,'' / / ? K What date do you plan to open? / / SECTION 13 Questions for all in-state applicants: 1. Distance to nearest school ft. Name/Address of school: (1401.0 1.1 J I, (irlAti ( QJ)t. JYL 0Q4/4 (regardless of distance) )37IS . - iiP1 bCH V a 2. Distance to nearest church:4. 12 Yam,, ft. Name/Address of church: t , ,i ULi (regardless of distance) ti , t 3. I am the: 0 LESSEE ❑ SUBLESSEE 'OWNER ❑PUR of pie the premises is leased give lessors name and address: Monthly rental rate$ . 5. What is the total indebtedness of the entity holding this license? $,-6:::9-s' . Does any one creditor represent more than 10%of that sum? ❑YES 17.l;'siO If yes,list below. Last First Middle %Owned Residence Address City State Ztp . (ATTACH ADDITIONAL.SHEET IF NECESSARY) I I _ . o. What tyke of business is your license being applied for?(BE SPECIFIC) ' I- t . . Has a license,or a transfer license,for the premises represented herein been denied by the state within the past one(1)year? . ❑ YES 0 NO If yes,attach explanation. ?. Does any spirituous liquor manufacturer,wholesaler,or employee thereof,have any interest in your business? DYES El NO . Is the premises currently licensed with a liquor license? EYES ❑NO If yes,give license number and licensee's name: ''^ — — _ i-_ /_' 4____/ ^/_/T%/L j/(Exactly as it appears on license) -, <f i# . Lie -4 . 4. - -.' •.'.' .10•mii1015N7'74r57 . 44%-' i...,L. . I 1 ,:i.'" . . .' '4 : .— - • . ( s • . i Oil ''.. nr.:"'' '''k . _ .. . ,mak • ••.; : . iii.oli •.• .: . . •.44.i.;is . ? t:. 1: .: ..- ..\ y it ! IN .fi n a ® w • s j c :.:'a. iii fit, . ' y • k !.= ` 3 t t ( ‘ ,' - i • i .. n ;k r • if .%' ri/ .-•-•—."`' •7 - . ....--- .ik id'' f • , 4 , , V • r.74 k-4 15:.i tt 1:1) -S.:14 ': 1„. . • ® Nt. , in . t. i a Nk 0 ICI ' • 1 " 1 . s? ( • ' ' 4. -.• • _. . ' • .. +----, --=: a7 ,1 it 1 ` 0' siA0.142406 Vi (ki d. d -*Cifif AI 14:4 trA 1 - • .. ' .Z.. Q • �o _ -� �, filiijil ea ea ,,R • II _i W r--• rLI'� .� _ ' • , a . 0 in I r 4. • i f...4 tit • '..0 ,- ' Cr 1.1.4 , • . 4, -- . ci. ____,_ . 1 . - /.- .. .. • ',‘ , . - (Z:S ..4t• . . .. • .L . ../ _‘ ( 0 c _� . o , .Z'd OSE'ON ISNO0 ,SdHSt3S). Wd80:TT 866Z'0E'100 SECTION 16 Geographical Data: List below the exact names of all churches,schools,and spirituous liquor outlets within a one half:' e radius of your proposed location. VDOATAitaQ�I3 L •. 4 2. `lCc�t� 'C� 1-12Es�' NT 3. V 1 I.V P K14,4 IT ,n 4. W al..(aQ..EHt 4) 5. AAS_P.teW M�O 6. IL 01.4'Th . 7. WE 60. L2P Q Cer•r fa 8.'lawrA Ebro C1jO-LA A i 9 I .a Mti6ATAt.1 10. 11. Z 12. • 3 13. 14. 15. ,TACH ADDITIONAL SHEET IF NECESSARY) A=Your business name and identify cross streets. SECTION 17 Signature Block: I,lH I C. ,c` } ing first duly sworn upon oath,hereby depose,swear and declare,under penalty (Print name of APPLICANT/AGENT listed in Section 4 Question 1) of perjury, that 1) I am the APPLICANT(Agent/Club/Member/Partner), making the foregoing application; 2) that the application has been read and that the contents thereof and all statements contained therein are true,correct and complete;3)that this application is not being made to defraud or injure any creditor,taxing authority, regulatory authority, or transferor; 4) that no other person, firm, or corporation, except as indicated herein,has an interest in the spirituous liquor license for which these statements are made;and 5) that none of the owners, partners, members,officers,directors or stockholders listed herein have been convicted of a felony in the past five(5)years. Y ,` i SUBSCRIBED IN PRESENCE SWORN TO before me ( � o °WAILYN F. this day o \LL A - , 19 9• e L NOTARY PUBLIC /II�Y I / / My commission expires on: Y MARICOPA COUNTY COUNTY t.Il _ Tny Co:r:a �s Liro 24,2000 ✓ Si to of NOTARY PUBLIC) Liar January 6, 1998 Arizona Department of Liquor License and Control 800 W.Washington-5th Floor Phoenix,Arizona 85007 Dear License Technician: This communication is in answer to Section 5,#11 of Application Form 120 and Questionnaire Form 101 #14 for each Officer of Bashas'lnc. This is a complete list of liquor violations received at the various Bashas'locations beginning November 1985 through November 1997. DATE LICENSE# STORE LOCATION VIOLATION March 21, 1997 09140038 MegaFood#114 Sale to Minor October 9, 1997 09090037 MegaFood S116 Sale to Minor November 8, 1997 09070032 Bashas'#10 Sale to Minor November 9, 1997 09070036 Bashas'#14 Sale to Minor November 8, 1997 09070032 Bashas' #10-Mesa Sale to Minor November 9, 1997 09070036 Bashes'#14-Mesa Sale to Minor February 5, 1997 09070029 Bashas'#5-Phoenix Sale to Minor August 19, 1994 09070002 Bashas'#1 -Chandler Sale to Minor November 22, 1991 09070033 Bashas'#7-Scottsdale Sale to Minor May 25, 1990 09070044 Bashas' #2-Mesa Sale to Minor February 9, 1990 09070028 Bashas'#50-Mesa Sale to Minor February 9, 1990 09070044 Bashas;#2-Mesa Sale to Minor February 9, 1990 09070047 Bashas' #29-Mesa Sale to Minor November 18, 1988 09070045 Bashas' #25-Mesa Sale to Minor November 20, 1986 09070029 Bashas' #5-Phoenix Sale to Minor November 30, 1985 09007016 Bashas'#12-Phoenix Sale to Minor For Bashas' Edward R.Felix Sr.Vice President liqviolations.wpd ARIZONA DEPAF MENT OF LIQUOR LICENSF Sc CONTROL wigs, 400 W Congress#150 800 W Washington 5th Floor . �`--�� ;ft d2 r,, ' .: 4/0 cson AZ 85701 Phoenix AZ 85007 ' ti ems- Dec .520) 628-6595 (602) 542-5141 �>ti� ��/ QUESTIONNAIRE 474# �tq READ CAREFULLY, INSTRUMENT IS A SWORN DOCUMENT An extensive investigation of your background will be conducted. False or incomplete answers could result in criminal prosecution and the denial or subsequent revocation of a license or permit. TO BE COMPLETED BY EACH OWNER. AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN"APPLICANT'TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. There is a$24.00 orocessina fee for each fingerprint card submitted. /- A service fee of$25.00 will be charged for all dishonored checks(A.RS.44.6852) I°I 0 3 9-SO b TYPE OR PRINT WITH BLACK INK Check appropriate box 0 Owner,Agent,Partner,Stockholder,Member or Officer I Manager(Only) (Complete Questions 1-16&20) (Complete All S).estions except#10,10a&21) ' Li r.•• or Agent mplete#21 for Manager Licensee or Agent must completep #21 1. Name: �c(6 r A (Cc/ 7_ Date of Birth: /.Z-/D - �i Z Last4 First t Middle 2. Name of Licensed Premises: i6 S 44 cic Premises Phone:0.2. )SSS() - `/y Z /(C 4 0 J & ii 1, ,s A I S fi:i tit A l i s O.5 S Liquor a 3. Licensed Premises Address: q or License# Street Address (Don not use PO Box#) City County p (If this location is currently Licensed) 4. Drivers License#: S'7 ` 7 S - o s / State , 2 Residence Phone: (6b), ) 2 o - `I/y z Height S- 7 Weight l6 l) Eyes: RJR. Hair. 4 L. Place of Birth: /1 L 6 S A 4 r Z- C! City State 5. Name of Spouse: 6C-C-,8 ilill/9- l`/:-A d( )0/u-f r,,5 v'\.. Date of Birth: 3-a C- G `/ Last First Middle [ Maiden 6. You are a bona fide resident of what state? 4gegregat &llc-! If Arizona,date of residency: 7. If you have been a resident less than three(3)months,submit a copy of driver's license or voter registration card. 8. Indicate your employment or type of business during the past five(5)years,if unemployed part of the time.so state. List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (Give street address,city,state&zip) I - 7 C` ‘�c)Cik r k�-�AI-Q 46�, /A;4' 3 / ?os'<MC,`�.�Je., , , 4;2._ Ursa cs A (ATTACH ADDITIONAL SHEET IF NECESSARY) 4. 9. Indicate your residence address for the last five(5)years: FROM TO RESIDENCE Month/Year Month/Year �% C. / Street Address City State Zip /l- "7 CURRENT / [�y(�=l `-' C.rA WOC /Vie: A Az. 25 L J Le .... uc0101 4A8 Disabled individuals requiring special accommodations please call(602)542-9051 ARIZONA DEPA r MENT OF LIQUOR LICENS & CONTROL .10,444 800 W Washington 5th Floor 1\* 400 W Congress#150 Phoenix AZ 85007 �. . T y Tucson AZ 85701 �� (520) 628-6595 (602) 542-5141 �� tliwe m* ": w e ...., x Xfs,,,w ."2 `.i , .•' n\\ \ .t . i ... .ON ras Me`"*VA -,` 0.147.1;I FIGATIORpR:, CO_ Ey' Y R�+. a'Aa.' • OBTAIN ORIGINALS OF THIS FORM FROM DLLC-DO NOT PHOTOCOPY,DOCUMENT IS COMPUTER SCANNED. TYPE OR PRINT WITH BLACK INK. ,t LC 3HOL.TRAI IN ROG AMI €LDUA:14FORMA' N /e- 4-c.74AcC YInd dual Name(Print) t/4// Individual Signature TYPE OF TRAINING COMPLETED 11-1;4777— jUN 1298 ❑ BASIC ❑ ON SALE Date Training Completed ❑ MANAGEMENT [gi OFF SALE ® BOTH ❑ OTHER IF TRAINEE IS EMPLOYED BY A LICENSEE: As//' 5 ' `17 NAME OF THE LICENSEE • BUSINESS NAME (Iwo AL 01 t AINIMPI OGRAM PROVIi1 R: IFE)RMATION Lynn poke • 50'20 Qs6orn �d Phoenix Az 85018 City State Lip Phone I Certify the above named individual has successfully completed the specified program(s). 1 Trainer Name(Print) TIC Signature Date Trainer give original of completed form to trainee, photocopy and maintain completed document for your records. Mandatory Liquor Law Training for all new applications submitted after Nov. 1, 1997. A.R.S.Section 4-112(G)(2). Completion of the Liquor License Training Courses is required at the issuance of a license. The person(s)required to attend both the Basic Liquor Law and Management Training,(either on-sale or off-sale),will include all of the following: owner(s),licensee/agent or manager(s)WHO ARE ACTIVELY INVOLVED IN THE DAY TO DAY OPERATION OF THE BUSINESS. Loo:roof of attendance within the last five years for the required courses must be submitted to the Department before the license application is considered omplete. Before acceptance of a Manager's Questionnaire and/or Agent Change for an existing license,proof of attendance for the Basic Liquor Law and Management Training(either on-sale or off-sale)will be required. uc'-)2' 01/98 Disabled individuals requiring special accommodations please call(602)542-9051 V1 V1\ 1-.11. lJLJ 1.1.11>i i1.\4,11. tip'' ✓C� 800 W Washington 5th Floor = �' 400 W Confess#150 - Tucson AZ 85701 Phoenix AZ 85007 �' 4Z L10 (602) 542-5141 +4140 LI 20) 628-6595 r�> n r� leazl!iScrMiaiarnar :be a f t 1 1 ! f .Fa or> lete ans eri.could r It q � 1��1� ..•. l>I Oria Ynal;.... OII. r .i 1 ' 'emaL Or ' •' a n revocation DE:a nernSa:..or pertmtr. TO BE COMPLETED BY EACH OWNER AGENT, PARTNER STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN"APPLICANT'TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEFT.($24.00 PROCESSING FEE EACH CARD). FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY.THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. TYPE OR PRINT WITH BLACK INK `) I 0 0 (��) Check appropriate box a Owner,Agent,Partner,Stockholder,Member or Officer 0 Manager(Only) (Complete Questions 1-17&24) (Complete All Questions except#10) 1. Name: B A S I L A AL B E R T Date of Birth: 1 1/ 2 0/ 2 9 Last // First Middle 2. Name of Licensed Premises:A 7 c.4 2 " I7 7 Premises Phone: (7;42)9/D -�73/ 3. Licensed Premises Address:J .E. /'S 2 c AI Yr iquor License#D902d2S Street Address (Do not use PO Box#) City County rip (If this locatim is currently licensed) 4. Drivers License#: 527268740 State A Z Residence Phone:(6 0 2 ) 944 8293 Height 5 ' 7" weight 195 Eyes: Ha z Hair B l k Place of Birth: Alamogordo NM City State 5. Name of Spouse: Basila Marlene Francis Date of Birth: 8 / 31 / 35 Last First v&iddle Maiden S. You are a bona fide resident of what state? Arizona If Arizona,date of residency. 12 I 5 / 29 7. If you have been a resident less than three(3)months,submit a copy of drivel's license or voter registration card 8. Indicate your employment or type of business during the past five(5)years,if unemployed part of the time.so state: EMPLOYMENT FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (Give street address,city,state&zip) A CURRENT Present posirion or type of business if Exec . VP—Gen . B a s h a s ' Inc . self employed 7 /57 Manager P . O . Box 488 - Chandler , AZ B Pasitiai held or type of business if self employed immediately preceding above (A) C Position held or type of business if self ;employed i m edi:+rrlypreceding above 1(B) (ATTACH ADDITIONAL SHEET IF NECESSARY) 9. Indicate your residence address for the last five(5)years: FROM TO RESIDENCE Month/Year Month/Year Street Address City State Zip 7i82CURRENT 8432 N . 18th Avenue Phoenix AZ 85021 i • j Disabled individuals requiring special accommodations please call(602)542-9051 LIC101 01,97 u�u.vl r 1�L �l�l_YiLl�s Vi LAVL)'J.L L1�,L��J�J ULL'I 1 k' JL 40;110.1 1Fi,,po 800 W Washington 5th Floor 400 W Congress#150 Phoenix AZ 85007 ram'' Tucson AZ 85701 (602) 542-5141 ti �. AZ Cl /8 628-6095 • � is �r.: ��l� y 3� u ((v a I'' a i ' y� Q (a t rF a rh _ 11kd �at�� Fp an'iv ii( ai t' o .? v.- i .in LF n E,b:41, orpermrt TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON CO THIS FORM MUST SUBMIT AN"APPLICANT'TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. ($24.00 PROCESSING FEE EACH CARD). FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE TYPE OR PRINT WITH BLACK INS p Check appropriate box ® Owner,Agent,Partner,Stockholder,Member or Officer ❑ Manager(Only) (Complete Questions 1-17&24) (Complete All Questions except#10) 1. Name: F E L IX E D W A RD R. Date of Birth: 1 1/ 2 9/ Last �r Fastt Middle 2. Name of Licensed Premises:1929L25 Premises Phone:(4G,2)27U -Zo 7 / )- 1r,co Pct 3. Licensed Premises Address:/1o1pr1c F/G/'Set�,a_r./ 5Jra! /42,2:7i%i :lr Ste / iquor License#(9074.2 Y Street Address (Do not use PO Box#) City County Zip (If this location is currently licased) 4 Drivers License# 5 2 6 3 4 2 2 0 6 State A Z Residence Phone:(6 0 2 ) 8 3 3 _ 0 9 0 5 Height 6 ' Weight 19 0 Eyes: B r n Hair: B 1 k Place of Birth: Mesa A Z City State 5. Name of Spouse: Felix Louise Basile Date of Birth: 9 / 13 /35 Last First Middle Maiden You are a bona fide resident of what state? Arizona If Arizona,date of residency. 11 / 2 9 / 31 7. If you have been a resident less than three(3)months,submit a copy of driver's license or voter registration card 8. Indicate your employment or type of business during the past five(5)years,if unemployed part of the time,so state: EMP LO r FROM TO DESCRIBE POSITION EMPLOYERS NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (Give street address,city,state&zip) A CURRENT Sr . VP Warehse Present pnitiaa cr type of business if & Dist . Bashes ' Inc . self employed 7/82 P . O . Box 488 — Chandler , AZ 852 B Position held cr type of business if self employed immediately preceding above (A) C Position held or type of business if self employee inm,viimmty preceding above (B) (ATTACH ADDITIONAL SHIN'IF NECESSARY) 9. Indicate your residence address for the last five(5)years: FROM TO RESIDENCE Month/Year Month/Year Street Address City State Tip Mesa AZ 85201 4/74T 1214 W. Esplanade Disabled individuals requiring special accommodations please call(602)542-9051 LIC101 0197 _ua-.a��- 1-T) .AJ.._..t . 1\1_).....A-..... .a �J1 y��t.,L t a.a 5..?L- ,�l...... ...+ L.5../- , A.a%5/L '�� ' 400 W Congess#150 800 W Washington 5th Floor iii,= : Phoenix AZ 85007 ti�, ,f ,a cson AZ 85701 (602) 542-5141 !'araso , 8-6595 Off(� - z pH :,__,_LI � ,y.F�i A^k ,s m..,,..„.,r.;aa» .a,vr at„„ .: you 4x eabesmoe ntof be o ucbec Eats t �R an ers,eouIdlresul IIrr ur rwon, WN pniA rsdbSectQeaL1eC � llt on.rerml . TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN"APPLICANT'TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. (S24.00 PROCESSING FEE EACH CARD). FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. TYPE OR PRINT WITH BLACK INS p 1 )a/a-x7 Check appropriate box ® Owner,Agent,Partner,Stockholder,Member or Officer 0 Manager(Only) (Complete Questions 1-17&24) (Complete All Questions except#10) 1. Name: BASHA, Jr . EDWARD N . Date of Birth: 8 / 24/ 37 Last / Fast Mrddle 2. Name of Licensed Premises: �o-5AZr "7/2 Premises Phone:(/'C=2,)O-17V / i f'I cope 3. Licensed Premises Address: /6; 4:2‹ A". /4 2/L'c2 S A11/Cjl Dl�i2/1 41/ Liquor�Iicense#C7D7c 2- ' Saes Address (Do pause PO Box#) City County Zip (ff this location is aazmtly licensed) 4 Drivers License#: 526425004 state A Z Residence Phone:( 602 ) 9 6 3_ 4759 Height 5 ' 9" weight 220 Eyes: B r n Hair. B r n Place of Birth: Me s a A Z City State 5. Name of Spouse: Basha Nadine Mathis Dare of Both: 3 / 25 / 49 Last Fast Mrddle Maiden I. 6. You are a bona fide resident of what state? Arizona If Arizona,date of residency 8 / 24 / 3 7 . If you have been a resident Jess than three(3)months,submit a copy of driver's license or voter registration card 8. Indicate your employment or type of business during the past five(5)years.if unemployed part of the time,so state: EMPLOYMENT FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (Give sweet address,city,state&zip) A CURRENT Pres p 6at or of business if Bashes ' Inc . e>a self employed 1978 COB /CEO P .O . Box 488 Chandler ,AZ B Posi!..w aid or type of business if self emplc.e;^Immediately preceding above (A) C Posi a_.:I.:Ic a type of business if self aspic,ec .2.Tiedi""1y preceding above (B) (ATTACH ADDITIONAL SHEET IF NECESSARY) 9. Indicate your residence address for the last five(5)years: FROM TO RESIDENCE Mottth/Year Month/Year Street Address City State Tip 11974 `rr 15 Bullmoose Circle Chandler AZ 85224 I i L. 1 1 1 Disabled individuals requiring special 4ccoitnnodations plead call(602)542-9051 LIC101 01,97 "' ARIZONA DEPA RT1Y ENT OF LIQUOR LICENS 'S & CONTROL t►��s, 400 W Congress#150 800 W Washington 5th Floor ,-� ! -_ =� Tucson AZ 85701 Phoenix AZ 85007 =' -'' rJ �_ ~` � Z L10 C/C(520) 628-6595 (602) 542-5141 �7� d rt .cY <74jT ? ` . .0 fi exten5lkve OB.t/1 t::..a: . (: result y CT�1 p)E11kSet :t n.9 I'.n .1 or . ,•• 4" a.a FE onot'aiRYDs or.pernut. . TO BE COMPLETED BY EACH OWNER, AGENT. PARTNER STOCKHOLDER (10% OR MORE). MEMBER, OFFICER OR MANAGER ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN"APPLICANT-TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT TEE DEPT.($24.00 PROCESSING FEE EACH CARD). FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY. THE DEPARTMENT DOES�1 N� E.PROVIDE THIS SERVICE TYPE OR PRINT WITH BLACK INK 1/p d-(,01 5 Check appropriate box ® Owner,Agent,Partner,Stockholder,Member or Officer 0 Manager(Only) (Complete Questions 1-17&24) (Complete All Questions except#10) 1. Name: Basha Michael J. Date of Birth: 4 / 26/666 _ Last Rat Midge 2. Name of Licensed Premises: Midge(. ( 7'/7 Premises Phone: (,G� ) &_-f Z3/ /JJAritO 3. Licensed Premises Address/ J �,�Sat4�c../944! �juor License#0907e..2Sf Street Address (Do not use PO Box#) Cay Cam Zip (B this locadan is currently licensed) 4. Drivers License# A00050090 State AZ Residence phone:( 602) 460-2549 Height 5 7" Weight 155 Eyes: Brn Hair: Brn Place of Birth: Phoenix, Arizona City State 5. Name of Spouse: Basha Michelle Mace Date of Birth: 11 / 24 / 66 Last Fast Middle Maiden Ciw You are a bona fide resident of what state? Arizona If Arizona,date of residency4 / 26 /66 7. If you have been a resident less than three(3)months,submit a copy of driver's license or voter registration card 8. Indicate your employment or type of business during the past five(5)years,if unemployed part of the time,so state: EMPLOYMENT FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (Give street address,city,state&zip) A CURRENT Present position or type of business if Ba shas self employed 6/83 Exec. Assistant 200 S. 56th Street Phoenix, AZ 85076 B Position held a type of brmness if self employed immediately pig above (A) C Position held a type of business if self ,employed.mmec lately preceding above (B) (ATTACH ADDITIONAL SHEET IF NECESSARY) 9. Indicate your residence address for the last five(5)years: I FROM TO RESIDENCE Month/Year Month/Yea Strut Address City State Zip 7/95 CURRENT 14815 S. 14th Place Phoenix AZ 85048 s (141611 Disabled individiALs requiring special accommodations please call(602)542-9051 ur:tol 01i97 400 �% Congress#150 800 R%Washington 5th Floor "�:��t�� Phoenix AZ 85007 = Tucson AZ 85701 (602) 542-5141 +.411o0 AI C (520) 628-6595 �Q Luc a� X x Na a x e :�aoji� t,uer✓. sp `a'harg. rig di ...a .irtre:QL`$$e:'l a .>n:.Ia � � • TO BE CAMPLEIED BY EACH OWNER, AGEV, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER ALSO EACH PERSON COMPLETING This FORM MIST SUBMIT AN"APPLICANT'TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. (S24.00 PROCESSING FEE EACH CARD). FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. TYPE OR PRINT WITH BLACK INK pi 00 r D3 a Check appropriate box ® Owner,Agent,Partner,Stockholder,Member or Officer ❑ Manager(Only) (Complete Questions 1-17&24) (Complete All Questions except#10) 1. Name: MANNING WAYNE C . Date of Birth: 11 / 30 / 37 Last Fast Made 2. Name of Licensed Premisesi c' 7 7 Premises Phone:4 ,2 )5?-i/e 3. Licensed Premises Address:/ ..h--y/j s 4c 24/,d 2-2 Liquor License#IC102Cv`L1'g Street Address (Do noose PO Boot#) Cay County Zip (ff this location is arm*licensed) 4. Drivers License#: 492381287 State AZ Residence phi:( 6 0 2) 8 9 5 _ 9 7 6 9 Heigh 6 ' 2" weight 215 Eyes: B l u Hair G r y Place of Birth: Kansas City Mo City State 5. Name of Spouse: Manning Sharon P . Little Date of Birth: 10 / 0 2/ 5 0 Last Fast Middle Maiden 6. You are a bona fide resident of what state? Arizona If Arizona,date of residency: 1 1 3 0 / 3 7 C. If you have been a resident less than three(3)months,submit a copy of driver's license or voter registration card 8. Indicate your employment or type of business during the past five(5)years,if unemployed part of the time,so state: EMPLOYMENT FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (Give meet address,city,mire&zip) A CURRFVT President Pres=position c=type cf business if Chief of Oper . Bashas ' Inc . self employed 1967 P .O . Box 488 — Chandler, AZ B Position held or type of business if self I1oyed immecliately leg above !(A) C Position held or type of business if self employed inamediately preceding above (B) (ATTACH ADDITIONAL SHEET IF NECESSARY) 9. Indicate your residence address for the last five(5)years: FROM TO RESIDENCE Mash/Year Month/Year Street Address City Scare Zp 10/88 aRREDT 11132 E . Villa Park Chandler AZ 85248 New Disabled individuals requiring special accommodations please call(602)542-9051 LIC101 01,97 y11.ii.Vl'ir.x Ll. cil%l�1ix.l't 1 V.0 l.l‘,ZU V1%Lll.�i.NOr.0 all,. 'l.,tJi`i 11vVi., ~ `�' 400 W Congress#150 800 W Washington 5th Floor =° ' . Phoenix AZ 85007 ~.' r , Tucson AZ 85701 A 628-659 (602) 542-5141 !�,:n ' I L!Q L/ 520) 5 lkiw.° . IO AIRS 4. . a � F �n a€1 , is 3'Y n aa a �yi/■ � MQv ,i .J 3131 eY ( 'Mi t ep44. F 3 1t:,..!�' : 1if if f LA 1,: 14r.-i P: I'P entrevoptalP .. b' Pn.. yy .. i TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER. STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER ALSO EACH PERSON COMPLEIING THIS FORM MUST SUBMIT AN"APPLICANT'TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. (S24.00 PROCESSING FEE EACH CARD). FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. TYPE OR PRINT WITH BLACK INK P I !�y�0 19 7 Check appropriate box Eic Owner,Agent,Partner,Stockholder,Member or Officer 0 Manager(Only) (Complete Questions 1-17&24) (Complete All Questions except#10) 1. Name: ANDERSEN DARL J . Date of Birth:� 20/ 48 Last Fast Mime 2. Name of Licensed Premises:,5625j2 S' #-"11/7 Premises Phone: (A o)/'/D -67.3/ rywricopat 3. Licensed Premises Address:/4?- AliScadr c A%? ,i./. i,i5:A f?. '.Liquor License#17 i 2c Street Address (Do notice PO Box#) City Canty Zip (If this laaam is currently licensed) 4. Drivers License#: 526864947 State A Z Residence Phone:( 602 ) 8 3 3_ 4859 Height 6 ' 2" Weight 190 Eyes: G r n Hair B r n Place of Birth: Me s a A Z City State 5. Name of Spouse: Andersen Kaye L Layton Date of Birth: 2 / 10/ 48 Last Fast Middle Maiden (,. You are a bona fide resident of what state? A r i Z o n a If Arizona,date of residency. 4 / 20 / 48____ 7. If you have been a resident less than three(3)months,submit a copy of driver's license or voter registration card 8. Indicate your employment or type of business during the past five(5)years,if unemployed part of the time,so state: 1 E1YIPI.OYMENT FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (Give street address,may,state&zip) A CURRENT Chief Bashas ' Inc . Presatt position or type of business if Financial �e�oyedRetai.l Groc . 10 /8C Officer P .O . Box 488 Chandler , AZ B Position bold or type of business if self employed immedimeiy preceding above (A) C Position held or type of business if self employed immediately preceding above (B) (ATTACH ADDITIONAL SHEET IF NECESSARY) 1 9. Indicate your residence address for the last five(5)years: FROM TO RESIDENCE Month/Year Month/Year Street Address City State Tap 8 /86 aRRENT 924 N . Heritage Mesa AZ 85201 L I Disabled individuals requiring special accommodations lease_call(602)542-9051 LIC101 01/97 ". "_'.. '".. (111., Interofice Memo .., To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, TOWN CLERINJIA/J-' Date: 01/14/99 Re: AGENDA ITEM #2- BASHAS LIQUOR LICENSE APPLICATION The initial review of the liquor license application submitted by Michael Basha resulted in more questions, tharf abswers , The first page of the application stated the business name as "Mega Foods % 102 loc tecrat.L6605 East Palisades Boulevard. The second page added to the confusion by` tatmg the businessinames Mega Foods #102 located at 5810 West Peoria, Glendale, Arizona. �'quck ca[ to�the Arizna department of Liquor clarified all questions and revealed a housekeeping endeavor`on the-part-Of Basha l� � k 4r , , ,, Approximately ohe year,ago, sha„ ,,nc. purchased Mega Foods #102 in Glendale. Class 9 license #09Q702 was„located at=the GIe dale store but has been inactive. To avoid losing license 09 02 back tthelquotapoo Bashas Inc. requested transfering the license to the Bashas st'1re ,Fot ntairr Hill m curr nt Bashas license #09070759 will become temporarily inactive �n ttan�b transferred to a ew',is.has store within the next year. Please see Marshal Gendler's .., imerrio'for additional informats,; n o, is process. ' It appearsthat�6ashas I ha3ycom lied with the appropriate transfer procedure provided bythe t.rgl r i artnient Th &c.,e.,.tiIse has been properly posted for the statutory 20-day time period du rn , ich timeno jen arguments for or against have been received at Town Hall. Staff recorri n- i r rr'g a favorable recommnedation to the State Liquor Department on this transfer request. Page 1 of 1 Cassie Hansen Last printed 01/14/99 1:29 PM 01/14/99 TO: Cassie Hansen FROM: Steve Gendler DATE: December 29, 1998 SUBJECT: Liquor License Application - Bashas The purpose of this memorandum is to provide an endorsement of the attached Liquor License Application for the Fountain Hills Bashas Store at 16605 E. Palisades. The application is scheduled for consideration at the council meeting on January 21, 1999. Executive Summary: At first glance this "transfer application" for a class #9 license (09070254) may appear confusing in light of the fact that the Bashas store already has a valid class #9 (09070759) in place at the store. Particularly in view of state liquor policy which prohibits two licenses at the same location. However, investigation showed that Bashas purchased the Mega Foods Store in Glendale approximately a year ago and the license has been "inactive". Since class #9 licenses are set by quota, state liquor regulations require that the license be put to use or it has to be relinquished for reassignment. Therefore, license 09070254 is being transferred to the Fountain Hills Bashas Store and the Fountain Hills license 09070759 will be "transferred" to a new Bashas Store sometime within the next year before it becomes inactive. BACKGROUND INVESTIGATION: This application is for transfer of a Class 9 liquor license under the specifications of ARS 4-205.02. This license permits the sale of beer, wine, and liquor for off-premise consumption only. There is a valid class 9 license, number 09070759, currently in place at the location which would be transferred out of Fountain Hills and replaced by 09070254 assigned to Mega Foods #102 which Bashas acquired. This "exchange" is occurring in order to keep the Mega Foods #102 license from becoming "inactive" and thereby forfeited. A Class 9 license requires that the establishment be 300' or more from the nearest church or school. I have verified that they are in compliance with this regulation. Finally, I have verified that Bashas has a valid Fountain Hills Business License, #074 with are no liquor related complaints on file with the town. RECOMMENDATIONS Based on compliance with Title 4 relating to the Class 9 liquor license, as well as the fact that the movement of the class 9 license under these circumstances is a common business practice being made with full knowledge of the liquor department, and that a valid business license is in place, I recommend Council approval at the January 21st meeting. ,1111 MEMORANDUM TO: Ho orab Mayor and Town Council FROM: ulie Ghet i Accounting Supervisor THROUGH: Paul Town Manager RE: Em yee He th Insurance Renewal DATE: January 15, 1999 The Town of Fountain Hills' employee health insurance policy with Mayo Health Plan expires January 1999. The insurance brokerage firm, T.R. Richards & Associates, was directed to solicit bids for health coverage. Attached is a copy of Tom Richards' letter as well as a summary of all the bids received. Tom's recommendation is for the town to renew with Mayo Health Plan of Arizona as the plan meets all the criteria requirements as well as being the lowest cost provider. The Mayo Health Plan offered a renewal rate guarantee of 8%, which they are honoring. If the media is to be believed that is a very conservative increase over last year. The majority of the health insurance plans are raising their rates from 15 —25%. L T.M. Richards and Associates _ Insurance Services January 13, 1999 Mr. Paul Nordin Town of Fountain Hills P.O. BOX 17958 Fountain Hills, Az 85269 Re: 1999 Employee Health Care Comparisons Mr. Paul Nordin: Enclosed is a comprehensive spreadsheet that compares coverages, rates and rate guarantees. in securing bids, we went to every major health Insurance carrier except Intergroup.We excluded Intergroup since it was the Town's previous carrier and didn't appear to meet the Town's service requirement. We based our comparisons on coverages, rates guarantees, provider listings and all health carriers had to be "A+" rated by AM Best or Standard & Poors. All bids covered pre-existing conditions with a one-year rate guarantee. Blue Cross and Blue Shield is currently the only carrier that offers a second and third year rates guarantee. However, their rates are approximately 70% higher than your current health Insurance carrier. Rates are based on the Town of Fountain Hills employee census and current health conditions of your employee and their dependents. Your current carrier, Mayo Health Plan of Arizona, not only meets your employees demands for a quality health plan, but delivers it at the lowest cost. In our opinion, you should renew with your current carrier Mayo Health Plan of Arizona. once you have reviewed the enclosed material and would like to discuss this in further detail, please feel free to give me a call at you earliest convenience. Sincere ry, -/g9 /7/ Gr Thom s M. Rlchar s 1750 East Glendale Avenue • Phoenix,Arizona 85020 • (602) 395-9800 • Fax (602) 395-5053 a t '• i a ae r r f li litliIEI pg I IP g I -., I g g I'' II: -!. Ic!! 11;t 1 i ii 1 i 1 li i;. ‘..z. li '''l ::'''';! a n R. l + + • i. Ii . # l'n II zi a �l ,; d $ 6° �'�3 w; o ' o 1 COC g a c g 40 8 o g g > 8 D __ S W ^ a ao q < o . o s W �r1s. 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Nog ; g n r TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner DATE: January 15, 1999 SUBJECT: Preliminary& Final Plat for"16623 E. Ashbrook Dr. 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 Karlyne Stoffel that would condominiumize two-units located at 16623 Ashbrook Dr., Plat 111, Block7, Lot 9. Please refer to the attached Planning and Zoning Commission & Staff report for additional details regarding this request. L TOWN OF FOUNTAIN HILLS Loy PLANNING &ZONING COMMISSION AND STAFF REPORT January 21, 1999 CASE NO: S98-051 LOCATION: 16623 Ashbrook Dr., aka Lot 9, Block 7, Final Plat 111. REQUEST: Consider the Preliminary and Final Plat for "16623 E. Ashbrook Drive Condominiums", a 2-unit condominium project. DESCRIPTION: OWNER: Karlyne Stoffel APPLICANT: Same EXISTING ZONING: "R-2" EXISTING CONDITION: Built LOT SIZE: 9,837 square feet (0.22 acres) SURROUNDING LAND USES AND ZONING: NORTH: Duplex; zoned "R-2" SOUTH: Ashbrook Wash; zoned "OSR" EAST: Duplex; zoned "R-2" WEST: Single-family; zoned "R-2" SUMMARY: This request is for approval of the Preliminary and Final Plat "16623 E. Ashbrook Dr. 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, Karlyne Stoffel, 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 1,577.4 square feet, a minimum livable area of 1,577.4 square feet and a covered patio. Each unit will have a two-car garage. The applicant applied for her building permit, BP87-1293, through Maricopa County. RECOMMENDATION: Planning & Zoning Commission recommends approval of S98-051; Preliminary Plat "16623 E. Ashbrook Dr. Condominiums". Staff recommends approval of S98-051; Final Plat "16623 E. Ashbrook Dr. Condominiums". L ./t' — z TOWN OF FOUNTAIN HILLS 3_, votel;,;to" COMMUNITY DEVELOPMENT DEPARTMENT Date Filed Fee Paid Accepted : /� / -�- 91 ,Do/ao0 L ., Con omin' m ame / `73'0eark CP/1/0 o Condominium Addr ss , / 6, 3 .,4 ,'voM Legal Description of Lot/Parcel Being Platted Plat /// Block 7 Lot(s) 7 P ec%/�/X ff�J l ' Number of Units Number of Tracts �i / Zoning General Plan Land Use Designation Density Requested(Dwelling Units Per Acre) t Applicant Day Phone 1}�2 Ly g_ 54 C kit-,e-- L g37- No 1 Address / Cily i ST Zip /b /0 Ic- 4/ems 7L;e6f g/. --FoW V A7/1/ Al< 4 Z i,��‘ Owner Day Phone Address City ST Zip Attachments (Please list) 'Pe E L/M/lv4 'P 4 6� 1 Signat re of Owner I HERBY AUTHORIZE (Please Print) Date TO FILE THIS APPLICATION. Subscribed and sworn before me this day of , 19 My Commission Expires Notary Public e (Seal) TFH Case Number Fee Schedule Attached `C Q 2 -OS/ • iglisI° ills; 3xAl 111! , sl .1ar C if 11 , , iI V� J d 4 a At•, 5. • �' < <t' F , :e•; .J i i III iitit p p c P� � hJ R iIIi �i' �• �yA ��0 y31 11 1f4 t a yLL�ff 51 �yl 11 w 3E F t f f(Al '6 Q \ F I I a 6 it 5 it cgill asaE ,�? RI�'�J �F 1 o ! t• v k9R=0. £f10 . iI� si.' r • fr p • R 2, ig ! ..JA. t, oil 404a! . '. li f.1 p 4 \...-- , . �r i, w.. i !it f ei •;,, %, A . \ .A• . A a'.; g $ 2 b t 'd �','' S ai il E el ''may 0i 1g gl�r y i \ oN \ c,, \ I 64 0o r*� r-So� it la. 8 oe f. ` / _ o \• E �D t �` � \ \ L ff n2a a; 2 \ — ‘ ;,. \ -0 .rt...I `r. IC [I �. �� ,,\�• ` yr• }, Ye i Z/�] '� • -Sc nl fl) 't a, t-- ' 1 i ‘ N ..1 •" \.acR� iia _ C� S ' 0`. r elf .,,1 z \ •°u' Pxo— so _c 1. i L. al' I n 4 ill 1/1 aaf,��e c ,L I Itf 1 f 1 J6! :9! WWWiS as! I N• • Ff 1 � �o i i f 1 O R gZ .a r f ; it 3 ilw a; a" A011, a. -i--- ii f ; �� , 1 II lea ig .'.. ., j 1 j` 24 4 iv 11 , L03if I. ' i . L t ! fir �0� f zt i 4 x i ?�iiI r e f 5 � �c. T It •I Jill; 1Ili ,�>- _ — ,'f , I A 1 ' Low ..n..M,�,ac I tS� .'! !D •:. ..Nano:awu _`.• NMIi. , ��i''1 (Le.i t110t,V)i.'-:., ;',... N1:N aaa , iE wYLiNff a:W i ••-..w�pw.•'••'•.' .n.•M1•�lM .• .•••.•...••.• EI°NMNN NNA:.At N7.! `�' ^; ;:,14A.i ;'A! IR, �..............— �..:' I "16623 E. ASHBROOK ''RAVE CONDOMINIUMS �. -_.._.-.. ^ ._ _.— .. NOV. 1996 Rt.? I OF I LJOB NO.513,11 TOWN OF FOUNTAIN HILLS Lwr MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner DATE: January 15, 1999 SUBJECT: Preliminary & Final Plat for"Arroyo 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 Chuck Beverly that would condominiumize two-units located at 16448 Arroyo Vista Dr., Plat 206, Block 3, Lot 6. Please refer to the attached Planning and Zoning Commission &Staff report for additional details regarding this request. L L i TOWN OF FOUNTAIN HILLS PLANNING &ZONING COMMISSION AND STAFF REPORT 1�r,,,• January 21, 1999 CASE NO: S98-052 LOCATION: 16448 Arroyo Vista Dr., aka Lot 6, Block 3, Final Plat 206. REQUEST: Consider the Preliminary and Final Plat for "Arroyo Condominiums", a two unit condominium project. DESCRIPTION: OWNER: Joe Beverly APPLICANT: Chuck Beverly EXISTING ZONING: "R-2" EXISTING CONDITION: Built LOT SIZE: 14,654 square feet (0.34 acres) SURROUNDING LAND USES AND ZONING: NORTH: Vacant; zoned "R-2" SOUTH: Duplex; zoned "R-2" EAST: Vacant; zoned "R-2" WEST: Vacant; zoned "R-2" SUMMARY: This request is for approval of the Preliminary and Final Plat " 16448 Arroyo Vista Dr., Arroyo 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, Joe Beverly, 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 1,394 square feet, a minimum livable area of 1,349 square feet and a covered patio. Each unit will have a two-car garage. The applicant applied for his building permit through Maricopa County. RECOMMENDATION: Planning & Zoning Commission recommends approval of S98-052; Preliminary Plat "Arroyo Condominiums". Staff recommends approval of S98-052; Final Plat "Arroyo Condominiums". L e- _ 602 837 3 796 F.02/05 f N'` —13-1998 09 41 FOUNTAIN OASIS REALTY :X_All1► `M. TOWN:�D FOUNTAIN HILLS UNITY V1=EILOAi-P�ME �',}1_�ER ARYMENT �.r-f y�T ..a S i,4. Y .tb ... _ . Tt r ,4 I c r -: ,, -�i Aecepted Fee Paid h > Date Filed ./- / ' � �.�a� ^Condominium Name R. -(� L�O �� O ( > u-- - Condominium Address , n11--b 1'S-ccL,�\1, w Legal Description of Lot/Parcel Being'Platted ' Lot s - .. � � Block plat Number of Units Parcel size : - - _LA./ 0 f 'IILe y -It of Tracts 1 Zoning -Z• -- Deneral Plan Land Use Designation �t �A wt I. _ - Density Requested.(DweiNn9 Unite Par Acr )� S 0 ` . C2 r _n_ pp + 0cJpay Phone( ck4uJc31'-,i o 15_ L . _9 city 4 L-3e� Address G�#GSTEn-T6'� tJ _ . © 'OO t '- - Day Phone Owner City STZip Address Attachments(Please list) Date SI ature f er 1 HERRY AUTHORIZE,(Please Print) ` _ �.�,� C,� • - TO FILE THIS APPLICATION - . . 17th d8y Of November \```\��;U11I11l11/�///y49 gg Subs Ibed and sworn before me this Oihr\/bAk My Commissio• n Expires" ? • T-Ark•. -.i. -_ -oeDCP9/30/ � � _ Notary Publ = o ? • 2000 . aLic : Q, ,_ TPH Ca * irrtnlnr�\��\ Fee Schedule Attached ,ci o `05 a� a CCm cciii ** C e CD C ��! EE kk in .i • i>jH1 c� m ..i .1e4,9 P- .11 liff-kr . Alike, it,,J • • �r eF }d o ii"t :A l -,0 Jt !J:•9n 4 � ^! 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[P'''!;' li'''Jr;g41 'iil ilqii;!g iligq1;! 1 $ 1 $$dd is � R 'wx �P t 5 s 34 FRg- it }� i R s /' peg Lg_3,g Ril x 1m AA x6 a4x Ea Of: xg'2;seiE AQi.!! c $i A "g Fo '�. �..,•.K9' "'r 0-25-1996 MONTGOMERY ENGINEERING&MANAGEMENT,L.L.C. — PLAT 206, BLOCK 3 LOT 6 ,....4.088 "" ..MOO 16766 E.PARKVIEW AVE..SUITE 201 w«,...I OF 2 ,c.c AS N0150 FOUNTAIN HILLS,ARIZONA 85268 16448 ARROYO VISTA DRIVE FINAL Put (602)037-1845 I,,637-8668 No. n.Rmower. L r 1t.33 r 0 44.86' i C FA r 4.00' 11.33', 9e C D D +.-� D D 11.35' D D. FT1 v Z 0 " m 2 T1.66'm K.50 - D �jllll�� r c°� 50' 20.59'1 �1 �e SS I S rO 71.17 / 6. C O 21.33' O O Z7 W �� TJ CS.7 �sr, Z g 43.58' p "a r p 30.75' ins r -a. W z1 lr'' 12.63' CO 8 8 .>a J �75'� L,,-) Iii, g s f N 000L 11 R 1 i � � 0Az \ ...."..,.. ....,-,46- • • f 21.11' ,9.83' -� IIIIIIII� I \.i ., o.ao' r m _ 8�00' i n'C v °O °0.O 10.00' .O tar i; 10.a0' p �� CO D o.aa' 4 I I 1 g 7. IIIIIIU ses. OI 23.33' 19.83' I 19.8J' A 23.83' I 0 ^ Vs • — 1 ARROYO CONDOMINIUMS NSA o.R-3-25-1998 MONTGOMERY ENGINEERING A MANAGEMENT,LLC. — mom PLAT 206, BLOCK 3, LOT 6 ..ORM !"a 98068 16766 E.PARKVIEW AVE..SUITE 201 pumps w 2 OF 2 rio AS NOTED FOUNTAIN WILLS,ARIZONA 85268 __ 16448 ARROYO VISTA DRIVE FINAL PUT PLANS&SECTIONS (602)837-1845 fax 837-6668 w OPT uxs or TOWN OF FOUNTAIN HILLS Now MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner DATE: January 15, 1999 SUBJECT: Preliminary & Final Plat for"Gallery Homes Condominiums 4" 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 Tom Fredrickson that would condominiumize three-units located at 12828 Moutainside Dr., Plat 601 A, Block 3, Lot 11. 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 January 21, 1999 CASE NO: S98-053 LOCATION: 12828 Mountainside Dr., aka Lot 11, Block 3, Final Plat 601 A. REQUEST: Consider the Preliminary and Final Plat for "Gallery Homes Condominiums 4", a 3-unit condominium project. DESCRIPTION: OWNER: Gallery Homes Inc. APPLICANT: Tom Fredricksen EXISTING ZONING: "R-3" EXISTING CONDITION: Under Construction LOT SIZE: 12,656 square feet(0.29 acres) SURROUNDING LAND USES AND ZONING: NORTH: Four plex; zoned "R-3" SOUTH: Four plex; zoned "R-3" EAST: Single-family; zoned "Rl-6" WEST: Single-family: zoned "R-3" SUMMARY: This request is for approval of the Preliminary and Final Plat "Gallery Homes Condominiums 4" 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, Tom Fredricksen, has chosen to convert a three-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 1,063 square feet, a minimum livable area of 975 square feet and a covered patio. Each unit will have a two-car garage. The applicant applied for his building permit, BP98-0576, on April 29, 1998 and received his permit to build on August 3, 1998. RECOMMENDATION: Planning & Zoning Commission recommends approval of S98-053; Preliminary Plat "Gallery Homes Condominiums 4". Staff recommends approval of S98-053; Final Plat Le "Gallery Homes Condominiums 4". I psi s 40 . f I' 1 it 4 TOWN OF FOUNTAIN HILLS 1#4:;0, COMMUNITY DEVELOPMENT DEPARTMENT rawc fr �:ve. Date Filed �� Fee,,�aic� Accepted By / 9 c2c) ,0v Condominium Name _ 6-4. LG 1- Y 1764te I CO, Ofl'lM /1-LS Condominium Address /242K 04 Ocr/v7;t-t=vscioC Legal Description of Lot/Parcel Being Platted Plat 66/ Block Lot(s) // Parcel Size Number of Unit /2 (.S� Number of Tract Zoning J General Plan Land Use Designation Density Requested (Dwelling Units Per Acre) /0/ 3 61/ A4-cize cow Applicant Day Phone 6-tccc4-2Y /4e-7 Ty .�s c. - Address City ST Zip /(PU- /fv. et' 77r f Paze-I-Th ter fG-tr.i74;r7:�, (?4/ / 2 2.s cp Owner - Day Phone Address City ltz>,-. 5 -14.4-/C- ST Zip 5 Attachments(Please list) ‘ , ,, Sign re of O er I HERBY AUTHORIZE (Please Print) Date 42-,:e TO FILE THIS APPLICATION. Subscri d and sworn before me this day of , 19 . My Commission Expires Notary Public m (Seal) TFH Case Number Fee Schedule Attached Sci g - 05-3 7 cr 25.00' 28.00' 25.00' i• n��_NOPM(1 N 00'05147•Vi(M1 I )_ I( )_ —./^pp EEx? 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O Ldt"G L- Q' 0 u IiI' CQ` XP XF9n : � 1SX II l�;B=%x ySe lFe L'q�� a w;X� gF� XYY;a agE �€ >� xt3s E� gi �a Ri P� $ 4 4qE w� g OE a q $ X ;1.' _-c, - q Ex. .H i q X a D 5 q 7 s -1 a 8 R a F g G-�� h !{ a-agXss lg '! s^ RQgR " e g2 �e' $ €i1£$g c� v ,gA A xsi ; 4;11� gill ;A lOg g qi q 4 Xl tgl K_$a Vial 144 :%� z v, I_ O �a °d£ iac% gAaa 8a5 RBB }� as g R 8$ Q $ag%! aR _ % E a 4x t£ Xa I'll w F d� Y A � sa Q a n 5. � -0 ;11 :„A Q; 2F ^"A}�E� alp'" A w� pill_ RA 0X 1 t ;a �� l� G!;ggit a;6� - .._. 02 O �9 _4 g z $A3R °1 1a1€1 qaa gsx-2; $!A i EE Qe gPaR440a ill! n ZE. ill • <` GALLERY HOMES —.-TJ wm 6/4/1996 MONTGOMERY ENGINEERING& MANAGEMENT,L.L.C. PLAT 601 A, BLOCK 3, LOT 11 OWCWCO „888 ""`"'98023 16766 EAST PARKVIEW AVENUE.SUITE 201 I -_- _ •.q 1 OF 2 f..M. AS NOM FOUNTAIN HILLS.ARIZONA --^68 12828 N. M NTAINSIDE DRIVE _ Carriam PUT (602)837-1845 fox 8 5 .cro.rr aw.no,. I o' > co T IT12.33' -v 37 33. v(t 20.5' u'2 1 'g• 1HIT 0. INI C is C L� 2. ", m A 2e3' Z 12,33' /� j� . . 3 vL 24 33' r.II E r� E L. 1 I1 mi L tir -, 8.t0s' zs II C. 2.5 , 6,5' 7.17' N T 31.J1' -� - - I J7.33'3 0 T r 0 Ili r ,,,, z L „.._, ..., c fr. O - -1 p to _203- Z7. my A u ! 11' 1 I' 21 4'. Z, • m> II 4,„ ,. 0.331 10.25' �. m \ �� > N _ } 20.33' n m C) m c --1I. 29.00' o c z o a c A c =' `s n c CLOSETS • -1 �Z m q z m ➢ A m UUNDRY „ a I C D aGtV� I co .mo ➢ r" � —I / I 1 V m , i' I 1 /I e: `> 1 l>F. ,_ ` :--- C' > C rx 1 C I I�z.. t, 1025. Y -11��i -: 1 -1 S-> I -�+ '-- _jr._ j - oI . ft t - 5 _ 20 s3 j A • • I Y 3 I 2900' •Im - jJ III d ' I 29.00 � \ \ 0.33'1 10.25' 1 _-1 C 11.58' o Z -1 21.76' m Ra CLOSET° 29.00' I LAUNDRY ll m aayso Rpm, a iJ w. ` • Cli w.A I .. I t `.'ia/i j O 11 LO I7 ' ' ) �c25� 1a '3p0. : {.7•na 4Oo' rn- 20.fl ti r tea ..\, o i v P.-. CO c r' GALLERY HOMES 0...,TJ rt 6/6/1996 MONTGOMERY ENGINEERING&MANAGEMENT,L.L.C. PLAT 601 A, BLOCK 3, LOT 11 0<�,•oRu "°" 9eozJ 16766 EAST PARKVIEW AOENUE.SUITE 201 .0 2 OF 2 I.- 10 FOUNTAIN NII I S. APIJANF c • ii f l.)�iAll,eI UW.A. w i. N'0u u l ft.., n ; I rb .•)a0/-m4; I,I.a —+- --- - — � .._ TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner DATE: January 15, 1999 SUBJECT: Preliminary& Final Plat for"Blue Chip Condominiums Unit 31" 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 Glenn Ahlborg that would condominiumize two-units located at 14248 N. Ashbrook Dr., Plat 104, Block 10, Lot 11. Please refer to the attached Planning and Zoning Commission & Staff report for additional details regarding this request. L L TOWN OF FOUNTAIN HILLS PLANNING &ZONING COMMISSION AND STAFF REPORT January 21, 1999 CASE NO: S98-054 LOCATION: 14248 N. Ashbrook Dr., aka Lot 11, Block 10, Final Plat 104. REQUEST: Consider the Preliminary and Final Plat for " Blue Chip Condominiums Unit 31", a 2-unit condominium project. DESCRIPTION: OWNER: Glenn Ahlborg APPLICANT: Properties of Pacific Southwest L.L.C. EXISTING ZONING: "R-2" EXISTING CONDITION: Under construction LOT SIZE: 11,324 square feet(0.26 acres) SURROUNDING LAND USES AND ZONING: NORTH: Single Family; zoned "R-2" SOUTH: Duplex; zoned "R-2" EAST: Vacant; zoned "R-2" WEST: Single Family; zoned "R-2" SUMMARY: This request is for approval of the Preliminary and Final Plat "Blue Chip Condominiums Unit 31" 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, Glenn Ahlborg, 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 1,710 square feet, a minimum livable area of 1,536 square feet and a covered patio. Each unit will have a two-car garage. The applicant applied for his building permit, BP98-1344, on October 6, 1998 and received his permit to build on November 9, 1998. RECOMMENDATION: Planning and Zoning Commission recommends approval of S98-054; Preliminary Plat"Blue Chip Condominiums Unit 31". Staff recommends approval of S98-054; Final Plat"Blue Chip Condominiums Unit 31". rP k i F TOWN OF FOUNTAIN HILLS 14 .,,,;".5 COMMUNITY DEVELOPMENT DEPARTMENT y x..pi� .,.r ems. ,.....�:,.� .w.- i3�'t=L -Stir% a F ,�� ',,,£ � j ,: . a �tD�M1�1�1M;�P '� - -. T . a PP AST ON ,�, Date Filed Fee Paid a//5/9 1 Accep ed By Condominiu .Name U13I -It Condominium Addles I1ia� � N. II V, b iron K lr �, v � Legal Description of Lot/Parcel Being Platted Plat l d/ Block 1 D Lot(s) 11 Parcel Size Number of its I 3a,1 Number of Tracts Zoning R -a General Plan Land Use Designation Density Requested (Dwelling Units Per Acre) -7_ 7 , 11/ACL r Ap licant Day Phone V cop E...C T-1 E._,S c)+. PA.C._ ( C- S(-) A.,4--k L3U, 4- 3-)--1 L)/ 0 Address ` City ST Zip l a r I v L 0r- A NE PO\i.v&e,;L.S uU h 0't f 1 S A z h- 1 -�I a s" Owner Day Phone CL k\ h � cr.\ Address City ST 1 Zip Attachments(Please list) Signature of Owner I HERBY AUTHORIZE (Please Print) Date or s 0\\J am: , i-z, , t J --etY i a. TO FILE THIS APPLICATION. �� rn n�, �� dayof .1 CP-' Y �-- 1 99 Subscrib d and sworn be me this ' � � ' w+,, LISAOFF AL EAL is� r on ExpiresA 9 2 i l,0 CO Notary Public , `. - NotaryPuNic-Slate ofArfzona '4N MARICOPA COL,,ITY ` _rirti� MY comm.expires Aug.2.200C L . -isir 1.. 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O ;IR l 3 i 3 P 3 F: F' ,� 08 9 3 �R t6! R rT• 4Sa 24 e 2 c g 443 gi sP; �� E: n i s : Keg gnR :i4 g:1,11 P 1 V= i tg8- gi�i riglilx ..l @ 104mig •8r gg 5e'c y EQ :;!; R aGR ;:fiii � RrgF $N,Slilts !a 6iLLi 7P' $$$ 5 I � _� Y +3��{ !Ili �£4�L�i - R-� !!'1111111114 P !6S .10. a i 2 ggg9As t 3 3 s ;: >:� F� $i R� a gg Rg R E�'s'88 Lir �5�q = I! g' a -S 8 i� 9 �S � P 11 it bl �$R ict gpp hgg Etd gg- �tlR ,� 5 .. YR p a w �a Nlb a- R g I „ I.—7-13-1996 MONTGOMERY ENGINEERING&MANAGEMENT,L.L.C. ( I Blue Chip Condominiums Unit 31 atsm ORM ,b 98179 16766 E.PARrcNE'M AVE_SUITE 201 I PLAT 104, BLOCK 10, LOT 11 ,,b,,2 I_"" AS,,,,, FOUNTAIN HILLS.ARIZONA 85268 1 (602)837-1845 19.837-8668 ma DAR cYsu.•ro. Ca iii 6<V248 j. BROOK DRIVE CONDOMINIUM PLA1 CO a ' ti 'D 111131p1 cn v cn y o.Y an 1 m � .u m cs� Wig, C rn 2a' 10' Mali o rr, Ti21' w1• 12 6,'• • .s — 35.5' 13' \. z i, m 34' J Iry � N C DI-MIAMI -cl N �_ Z U � W m r- n 10' r-1 - Sa' r 22 40 D OJ CO I9 • n (11110, s v S An 1.1 • s 24.33 19.33• 10.25 9.00'N E§ 12.SB'BCO rn 11111F,= v1 CD C r- z en 50 BOB .27 7 l ..., —I z co I h v o - 1 ill5 i �I FA it z 11 o z C Z C Z p\! \ v 11:1 $c� "i 8.08' 4.27' 8 f • SI rn t :. 911' 9.00' 8.08' 5.4.' O p m 111 HZ i��si Mall. .10.08' 1 .-\ c'1 I $ A111 F4 5 4 OCI n .� 9.00' 8.08' 5.00' 0 1o . in ti ;'gN s C „j• vG ',c\• 1 PLO ...c + q, U1,1�/ IN1�.�I I MONTGOMERY ENGINEERING MANAGEMENT,LL.C. ==�= 011.1.11111111111101 Flue Chi. Condominiums Unit 31 16766 E.PARKNEW A•.£.,SUITE 201 _ FOUNTAIN NILLS.MINNA 85268 PLAT. 104 BLOCK 10 LOT 11 2 N 2 1 (602)837-1845 +o•837-8668 14248 N. ASH2R00K DRIVE. C00 IM00 50c00NS Xi 1g1!:;aa 11; NI ix NNN$$i !ill lillii%Pri i% i j /P� 1110111i il la l 11 .4,, 11(Iliv $ I1lil! ;gelpp3aagg41; :i *Wi�ilii� l!l4 1 Q : ; Gih s; a - . r� 4 R JL ii1 A a iB I 8 1 _; X a lill I _€1 11111441 1 1111 el lip 4a 11 \e, tit. p Am cQ N. �c 7 I r Iy r, b Ifs 4 F �� _ r. pp \ 1!1 all 1 irl �fj0 !II y\ Y i 1 - y n v , e;;- �I E Pi / iiq �V 2,.m: 333 i s ' /8. �' J v. 41-tt' ‘T'. 111 MIMI \ "E l',11 \ HI ali 9= 40ItY ......• $ I ! l 5'6- v - `.s\ lal \$ I lnl�4r b,iviloe ut N J\ , -" iii y g 'pi btu 1. w 45 ■ r Q II P r" / e y�i N 3E 'd A N vp,. `5 nl1 y1` h ...3 ( CLV 1107241(W d W o V\ E I$ Lr v.� , I o Q M'"S SE .` � . -, 4E " . ��;` ,` ul,O� 1a i gill 7:3 '' z I-• 0 z C � 5i�3 7, iA EE a ; Flit; ;ili ag-gli i:1 1 q co b » > x a I EEpp liviE3 a ii aaX: g 'II �q I� 6. z =iiifi i • 9 t! h Ian M41! �� C4• > z ''7 1-.• n sw. q4q IX - 3I >�1, % $9l ix ; ka� 0 m = p .t W BLUECHIP CONDOMINIUMS UNIT 32 -.•''KSIUTJ ..m 7-22-1227 YONTQOIERY ENGINEERING&MANAGEIEi T,LLC, MOO 104, BLOCK 4, LOT 13 eo r,ORu pro 97153 - 16766 EAST PARKVIEW AVENUE.SUITE 201 ,y •OF 2 Je.. AS NO1E0 FOUNTAIN HILLS.ARIZONA , 'IMAM Mt WW2 �a 14257 N. FOUNTAIN HILLS BLVD. _ caoamuu PUT _ (602)837-1845 ,a Mlt ,C90‘0104 .. Fountain Hills Municipal Court Monthly Report December 1998 LCASES FILED MONTH FYTD COURT DPS MCSO FHMD PROS Civil Traffic 292 2,131 (0) (7) (229) (56) (0) Criminal Traffic 32 214 (9) (0) (13) (8) (2) Misdemeanor 49 349 (2) (0) (25) (5) (17) OOP/IPH 9 51 (9) TOTAL 382 2,745 (20) (7) (267) (69) (19) 1997 320 2,387 CASES TERMINATED FISCAL YEAR TO DATE Civil Traffic 358 2,266 Criminal Traffic 42 259 Misdemeanor 55 337 OOP/IPH 9 51 TOTAL 464 2,913 r✓ 1997 Total 427 2,384 HEARINGS/TRIALS HELD FISCAL YEAR TO DATE Civil Traffic Hearings 15 83 Traffic/Criminal Trials 1 8 Juvenile Hearings 24 90 PTC/OSC/SR Hearings 57 310 OOP/IPH Hearings 4 9 TOTAL 101 500 1997 Total 45 387 1998 Revenue Received $ 30,813 1998 FISCAL YEAR TO DATE $193,776 1997 Revenue Received $27,369 1997 FISCAL YEAR TO DATE $151,997 r1998 Outstanding Balance $290,113 1997 Outstanding Balance $268,446 Wthatig MEMORANDUM TO: Honorable Mayor and Town Council FROM: Julie Ghetti, Accounting Supervisor RE: June 30, 1998 Comprehensive Annual i ancial Report DATE: January 15, 1999 Attached please find a copy of the Comprehensive Annual Financial Report (CAFR) for the Town of Fountain Hills for the fiscal year ending June 30, 1998. The financial reporting entity includes all the funds and account groups of the primary government (Town of Fountain Hills) as well as the component unit, Eagle Mountain Community Facilities District. I am pleased to report that again this year the town received a clean audit opinion as well as having no conditions that require a management letter. The Town of Fountain Hills has submitted to the Government Finance Officers Association for a Certificate of Achievement for Excellence in Financial Reporting which has been awarded the past two years to Fountain Hills. caw- Interoffice Memo To: H o NO' BL MAYOR AND TOWN COUNCIL From: PA,, N, TOWN MANAGER Date: 01/\. 99 Re: BID OPENIN 1/14/99 A total of fifteen contractors took out bid packages for the new Community Center project. As of 2:00 p.m. on Thursday, January 14, 1999, thirteen bids were submitted. Randy Harrel, assisted by Rob Dietz, opened and read each of the bids. A tabulation sheet containing the base bids and alternates is attached. The bids ranged from $8,773,000 to $10,581,000. While disappointed that the low bid exceeded the budget, there are, a number of factors to be examined and considered before reaching any conclusions and making'any decisions. One of the bidding requirements was that all bidders signed an agreement that all bids would be held for sixty days so there is ample time for this analysis. Over'the next two to three Weeks the Hofmann Dietz Architectural team will be reviewing the bids, comparing the bids to the estimates, and speaking to the general contractors and sub-contractors as part''of their3evaluation process. They will also be analyzing the trend within the building industry and determing the'impact on construction costs. They will be sharing information with the Community Center Advisory Commission and staff who will collectively prepare a recommendation to.the Council. We are optimis r that the delay caused by the bid results will provide an opportunity to fine tune the project and insure that the Council-approved budget remains intact. If you have any..questions, please feel free to contact Cassie or me. a.� Page 1 of 1ktairr Paul Nordin Last printed 01/15/99 11:47 AM 01/15/99 ms■mma- q LI �2 � aF e Na) a CH O= , , = w �� . E.., o Ti = ��• Q I I -O rn a m m •= a U - v w O O O r LL / U Q cr Z Z5i o co a C c N z ( o a- IX MO I co a CC coZI O F- z e) O (in F.W.- 0 1:3 • inZ r O O O O O O O O O O 0 C� 0ca a O O O O O O O O O O O O O >' O O O O O O O O O O O O COO ' 2 a) 0 W d N CV Lt r C'7 O O Lf) ' (C) C'7 `- > U I- Z C7 In lf) Lf) �} Lf) C'7 r so O cm Q) M J 69 59 to to 69 to- to to to EA 69 to L U LY LL 0 Z 0 0 0 0 0 o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o W o 0 0 0 0 0 0 0 0 0 0 co co Lo in Lri o 0 Lri o 0 0 co. Ln r CU a CO h. CA CV CV so (� N Ln r .4. N c' 1) LP m co o) O r r Co co ^ N.csi O O O Q. to 6O9 6O9 to 69. 6+09 te 49 4- Eg 69 a J a a in w r x X x X X x X X X X X X x W 0 .. a T a a cn N Z p X X X X X X X X X X X X X v CC 47) 0 I- 0 D Z o *. COW X X X X X X X X X X X X X W H Cn Cl) U 2 o r- Z c Z3 8 3 D c o g z o o- co LL, O - n. a Z Z O oJ Z ? O ' rop OOOWZ CO y Z Im U co Z O U U cc la W O v t 0 Q Z 0- D Z Z Q O O Fm- I z aQ.. F- Z F- Q F- Q W °� O F- O p U Z a J 2 U Li Z Z U Z U Z m oo O Q Z O Z .. f.: MIMI W m (} = J O J m O m F- W Z 1- p OU o w a w oC Q Z 0 p m 0 0 0 coF- ZOCCO ¢ Q cp a as W -I u. L p W Q f� U m � CC a. m < _ 0 Q _ < p • Y 0 Q • O I aZD �i Z CO Q CO U' 0 F- Q Law Offices Of WILLIAM E. FARRELL Suite 220 Telephone(602)661.6044 William E.Farrell 10135 East Via Linda Facsimile(602)661-7454 Andrew J.McGuire Scottsdale,Arizona 85258-5312 TO: Mayor and Council Town Manager Town Clerk o��'TAIN FROM: William E. Farrell w 1111" T Town Attorneyg. a _ � ., DATE: January 21, 1999 �•14,f tn.t� a' that isA RE: Ordinance 99-02 Amending Town Code Regarding Length of Term for Mayor STAFF REPORT Ordinance 99-02 has been prepared by Staff for your consideration and contains several minor changes and one significant change to the Town Code. The significant change would be the increase from two years to four years for the term of the office of Mayor. Beginning with the primary and general election in 1994 the Town voters authorized the direct election of the Mayor. Prior to that time the Mayor was selected by the members of the Council at the first meeting following their swearing in. The state statute allowing for the direct election of Mayor is A.R.S. § 9-232.03 which states as follows: The common council may,by a majority vote of the qualified electors of the town voting thereon either at a regular or special election, provide by ordinance that the mayor shall be directly elected by the electors rather than selected by the common council. The Council following the vote of the qualified electors adopted an ordinance which provided for a two year term. It is the opinion of this office that since the term of office is not voted upon by the electorate but rather only the authority to directly elect then the common council has the power to increase the term of the office from two years to four years. Such a change can apply only to future elections and does not apply to the current office holder. L C:\W INDOW S\TEMP\STAFFREPORT-ELECTION.WPD Staff Report January 21, 1999 Re: Ordinance 99-02 Amending Town Code Regarding Length of Term for Mayor Page Two Should the Council adopt Ordinance 99-02 then commencing with the primary and general elections scheduled for March and May of the year 2000 the successful candidate for the office of Mayor would serve a four year term rather than a two year term. The other changes to the Town Code are more grammatical and clarify when the term of office begins. As always we will be more than happy to answer any questions you may have and Staff makes no recommendation regarding this resolution since in the opinion of Staff this is a purely legislative matter best left to the determination of a majority of the Council. Respectfully submitted, William E. Farrell Town Attorney L C:\WINDOWS\TEMP\STAFFREPORT-ELECTION.WPD ORDINANCE 99-02 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,AMENDING THE TOWN CODE, CHAPTER 2,MAYOR AND COUNCIL,ARTICLE 2-1,COUNCIL,SECTION 2-1-1, ELECTED OFFICERS, AND SECTION 2-1-3, ASSUMPTION OF DUTIES;AND ARTICLE 2-2,MAYOR,SECTION 2-2-2,VICE MAYOR,BY INCREASING THE TERM OF THE MAYOR FROM TWO (2) YEARS TO FOUR (4) YEARS COMMENCING WITH THE TERM OF OFFICE TO BEGIN THE FIRST REGULAR TOWN COUNCIL MEETING IN JUNE, 2000; AND BY CORRECTING OTHER CODE SECTIONS IN ACCORDANCE THEREWITH. 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 2, Mayor and Council, Article 2-1, Council, Section 2-1-1, Elected Officers, is hereby amended to read as follows: Section 2-1-1 Elected Officers A. The elected officers of the town shall be a mayor and six councilmembers. The mayor and councilmembers shall constitute the council and shall continue in office until assumption of duties of office by their duly elected successors AS SET FORTH IN SECTION 2-1-3 BELOW. B. The term of office of the mayor shall be two years. C. Councilmembers shall serve four-year overlapping terms. Section 2. That the Town Code, Chapter 2, Mayor and Council, Article 2-1, Council, Section 2-1-3, Assumption of Duties, is hereby amended to read as follows: Section 2-1-3 Assumption of Duties Councilmembers shall assume the duties of office at the first regularly scheduled council meeting in June next following the date of the general election at which,or effective as of the date of which, the councilmembers were elected. PASS/MAIL Ordinance 99-02 N ION o rel °— Page 1 of 2 SECOND o� \ COUNT 1+ — (Wmar• na•1 Section 3. That the Town Code, Chapter 2,Mayor and Council,Article 2,Mayor, Section 2-2-2, Vice Mayor, is hereby amended to read as follows: Section 2-2-2 Vice Mayor Each member of the council, except that member selected THE mayor, shall serve an eight-month term as vice mayor. Initial terms shall coordinate with the two and four year terms of the first elected council. Thereafter, terms as vice mayor shall be determined so that every elected councilmember serves as vice mayor during their elected terms unless unable due to of vacating, for any reason, the office of councilmember. The vice mayor shall perform the duties of the mayor during his absence or disability. PASSED AND ADOPTED by the Mayor and Common Council of the Town of Fountain Hills, Arizona this 21S` day of January, 1999. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: ill(/t°17171frinY Sharon Morgan, Mayor Cassie B. Hansen, Town Clerk L REVIEWED BY: n APPROVED AS TO FORM: AZy:24/( d7r; Paul L. Nordin, Town Manager William E. Farrell, Town Attorney Ordinance 99-02 Page 2 of 2 E:\ORDRES\ORD\99-02.ORD.DOC Law Offices Of WILLIAM E. FARRELL Telephone(602)661-6044 Suite 220 Facsimile(602)661-7454 William E.Farrell 10135 East Via Linda Andrew J.McGuire Scottsdale,Arizona 85258-5312 MEMORANDUM TO: Mayor and Council Town Manager Town Clerk Community Development Director FROM: William E. Farrell Town Attorney DATE: January 21, 1999 RE: Summit Estates (formerly Crestview) Pre-annexation Development Agreement On your agenda for consideration this evening is the Final draft of the pre-annexation development agreement between the Town and MCO Properties concerning the terms and conditions of the development of approximately three hundred and thirty(330) acres of real property owned by MCO at the northwest corner of Shea Boulevard and Palisades Boulevard. The property consists primarily of two parcels the larger of which is approximately two hundred eighty (280) acres and is an already approved one hundred (100) unit single family residential subdivision known as Summit Estates. The zoning for Summit Estates is currently R1-43 and all of the lots in the subdivision are at least one full acre or larger. The final plat for the subdivision has been approved by the Maricopa County Board of Supervisors and has not been recorded by MCO. The second parcel of approximately fifty (50) acres has recently been approved by the Board of Supervisors of Maricopa County for rezoning from R1-43 to a multifamily designation known in Maricopa County as R-3. The pre-annexation development agreement attached to the resolution before you this evening sets forth the terms and conditions under which MCO would agree to the annexation of their property to the corporate limits of the Town should the Mayor and Council at some point in the future adopt an annexation ordinance. The basic terms of the agreement are that the properties shall be developed in the following manner. The single family one acre, one hundred(100) lot subdivision shall be developed under the subdivision standards including cut and fill waivers and grading standards of Maricopa County but that all fees for development including sales tax on the sales of the new homes will come to the benefit of the Town of Fountain Hills and all inspections of both onsite and offsite improvements will be done by the Town of Fountain Hills pursuant to our fee schedule. The second fifty (50) acre parcel will be granted the zoning classification of M l-PUD which C:\WINDOW S\TEMP\1999-04MEMO.WPD Memorandum RE: Summit Estates (formerly Crestview) Pre-annexation Development Agreement January 14, 1999 Page 2 will allow for multifamily development but will be limited to no more than one hundred fifty (150) dwelling units with the possible exception of an increase to one hundred sixty-five (165) dwelling units if that increase is accompanied by a reduction of single family units from one hundred (100) to eight-five (85). All of the terms and conditions of the zoning ordinance and the subdivision ordinance of the Town of Fountain Hills will apply to the M 1-PUD parcel and as with the single family parcel all fees and inspections will be paid to and be done by Town Staff. The overall density of two hundred fifty (250) units on a three hundred thirty (330) acre parcel is consistent with the general plan of the Town of Fountain Hills in that the gross yield will be less than one unit per acre. This agreement along with the possible future annexation of this property will assure the Town of control over a major point of access to the community and will allow the Town to have substantial input in the quality and type of multifamily unit that will be built on the fifty (50) acre parcel. It is also estimated that gross revenues from these two projects could reach a minimum of Four Hundred Thousand ($400,000) Dollars and a maximum of Six Hundred Fifty Thousand ($650,000) Dollars depending upon the actual sale price of the unit at the time of construction. After the adoption of the pre-annexation development agreement, staff will attempt to obtain the signatures necessary to prepare an ordinance of annexation for your consideration at a meeting in February of 1999. As always I will be most happy to answer any questions about the pre-annexation development agreement or the annexation process should you have any and it is the recommendation of staff that you look with favor upon and pass Resolution 1999-04. Respectfully submitted, William E. Farrell Town Attorney L C:\WINDOWS\TEMP\1999-04MEMO.W PD RESOLUTION 1999-04 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AUTHORIZING THE EXECUTION OF A PRE-ANNEXATION DEVELOPMENT AGREEMENT BY AND BETWEEN THE TOWN OF FOUNTAIN HILLS AND MCO PROPERTIES, INC. REGARDING THE DEVELOPMENT OF APPROXIMATELY THREE HUNDRED THIRTY (330) ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF SHEA BOULEVARD AND PALISADES BOULEVARD. WHEREAS, the Mayor and Council of the Town of Fountain Hills has authorized Staff to take steps necessary to annex to the corporate limits of the Town of Fountain Hills certain real property consisting of approximately three hundred thirty(330) acres at the northwest corner of Shea Boulevard and Palisades Boulevard; and WHEREAS, the Town did on September 10, 1998 record in the office of the Maricopa County Recorder the documents necessary for the annexation of said real property; and WHEREAS,the Town Council did hold a public hearing on October 1, 1998 concerning the annexation; and WHEREAS, the parties have agreed on the terms and considerations of a pre-annexation development agreement as provided for by A.R.S. § 9-500.05; NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS: Section 1. That attached to this resolution and incorporation by reference as if fully set forth herein is a pre-annexation development agreement setting forth the terms and conditions for the development of certain real property that may be added to the corporate limits of the Town of Fountain Hills by virtue of an annexation ordinance at some point in the future. Section 2. That the appropriate officials of the Town are authorized to execute this agreement and see that this resolution along with the attached agreement is recorded in the office of the Maricopa County Recorder within ten (10) days of its passage as required by law. ASS/ AIL I — i— g 9 Resolution 1999-04 MOTION , lrn 0 LADr Page 1 of 2 SECOND u-f-c.h r . o ►-. COUNT 7- PASSED AND ADOPTED by the Mayor and Common Council of the Town of Fountain Hills, Arizona this 21 st day of January, 1999. FOR T TOWN OF FOUNTAIN HILLS: ATTESTED TO: eit/d4-4: 40 ALAA- Sharon Morgan, Mayor Cassie B. Hansen, Town Clerk WED Y: 2 APPROVED AS TO FORM: 07. aet4N. (5,,,_„.v Paul . ord n, Town Manager William E. Farrell, Town Attorney L Resolution 1999-04 Page 2 of 2 When recorded return to: Town of Fountain Hills 16836 E. Palisades Blvd. Building C Box 17958 Fountain Hills, AZ 85269 Attn: Town Clerk PRE-ANNEXATION DEVELOPMENT AGREEMENT TOWN OF FOUNTAIN HILLS AND MCO PROPERTIES RE NORTHWEST CORNER OF SHEA BOULEVARD AND PALISADES BOULEVARD THIS PRE-ANNEXATION DEVELOPMENT AGREEMENT(the "Agreement")is made by and between the Town of Fountain Hills, a municipal corporation of the State of Arizona(hereinafter referred to as "Town"), and MCO Properties L.P. dba MCO Properties Limited Partnership, a Delaware limited partnership doing business in the State of Arizona(hereinafter referred to as "MCO"), with reference to the following. A. Pursuant to the provisions of A.R.S. §9-500.05,the parties may enter into a development agreement relating to property located outside the incorporated area of the Town; any such development agreement does not become operative unless annexation proceedings to annex the property to the Town are completed within the period of time specified in such development agreement, or any extension of time agreed to by the parties. B. The Town desires to consider the annexation of certain real property depicted on Exhibit "A" attached hereto and incorporated herein by reference, and described legally in Exhibit "B" attached hereto and incorporated herein by reference (hereinafter referred to as the "Annexation Property"). C. MCO owns a substantial portion of the Annexation Property that would be subject to annexation by the Town: a 280 acre, 100 lot, single family subdivision known as "The Summit Estates," a private gated community, as depicted as Parcel 1 on Exhibit"A" (hereinafter referred to as "Parcel 1") which has an R1-43 zoning designation within Maricopa County("R1-43 Zoning") and received final plat approval from the Maricopa County Board of Supervisors (the "County")prior to the execution of this agreement, and the Final Plat of which was recorded August 5, 1998 at No. 98-0681633 in the Records of Maricopa County and a Corrective Plat of which was recorded September 25, 1998 at No. 98-0854001 in the Records of Maricopa County(as rerecorded,the "Parcel 1 Plat"); and a 56 acre,unsubdivided panel depicted as Parcel 2 on Exhibit "A" (hereinafter referred to as "Parcel 2"), which will be designated by the Town of Fountain Hills as having a zoning classification of M-1 P.U.D. ("M-1 Zoning") upon annexation,as such zoning is more particularly set forth in the Zoning Ordinance of the Town of Fountain Hills. Parcel 1 and Parcel 2 are collectively referred to hereinafter as the "Property." crie D. MCO and the Town desire that Parcel 1 be developed as permitted by Maricopa County R1-43 Zoning and provided for in the final plat approved by the County, and that Parcel 2 be developed as permitted by M-1 P.U.D. Zoning. The parties hereto acknowledge that such development of the C:\WINDOWS\TEMP\PREANNEX.DOC 1/14/99 12:23 PM Page 1 of 14 Property pursuant to this Agreement is consistent with the General Plan of the Town of Fountain Hills and benefits the Town, MCO and the general public. E. MCO desires, under the provisions of A.R.S. §9-500.05(G) to set forth the duration of the Agreement the permitted uses and the density and intensity of land uses permitted on the Property; conditions, terms, restrictions and requirements for annexation of the Property by the Town and the phasing or timing of annexation of the Property by the Town; and such other and further matters as are permitted by law. F. MCO and the Town acknowledge that development of the Property is a project of such magnitude that MCO reasonably requires assurances from the Town of MCO's right to complete the development of the Property before it will expend substantial efforts and additional costs in the development of the Property, and the Town requires assurances from MCO that when it develops the Property, it will do so in accordance with the terms and conditions of this Agreement. Furthermore, the Town, in order to encourage the development of the property, desires to cooperate with MCO to expedite the approval and granting of building permits, grading permits, site plans, preliminary and final subdivision plats and other development approvals for the Property in accordance with this Agreement, but any such expediting shall be accomplished only in accordance with all municipal and statutory notice requirements. G. The Town and MCO acknowledge that the development of the Property pursuant to this Agreement will result in significant planning and economic benefits to the Town and its residents by (i) enlarging the tax base and increasing property tax and sales tax collections and other revenues to the (1000 Town based on improvements to be constructed on the Property, and (ii) creating employment through construction activity on the Property and through the facilities that may be located on the Property. THEREFORE, in consideration of the mutual promises and agreements set forth herein, the parties hereto agree as follows: 1. Annexation, Zoning and Development Rights Generally. A. The parties agree, understand and acknowledge that if for any reason MCO withdraws its signature in support of annexation, given pursuant to A.R.S. §9-471(A)(4), prior to the adoption by the Town of an ordinance to annex the Annexation Property and the expiration of 30 days thereafter without a challenge to the validity of such ordinance,pursuant to A.R.S. §9-471(C), none of the terms and conditions of this Agreement shall take effect, in which event neither party is obligated in any manner in regard to future actions in connection with the rezoning and/or development of the Property. B. MCO agrees,understands and acknowledges, without limiting any other remedy or relief for a subsequent breach of any of the terms and conditions of the Agreement by the Town, that once the Annexation Property has been annexed to the Town of Fountain Hills, there presently does not exist any statutory remedy or relief for such a breach by the Town, that would result in the Property being de-annexed from the Town of Fountain Hills and returned to the status of property in the unincorporated area of Maricopa County. (11 C. Zoning and Parcel 1 Plat Status. C:\WINDOWS\TEMP\PREANNEX.DOC 1/14/99 12:23 PM Page 2 of 14 (1) The Town shall adopt R1-43 P.U.D. zoning for Parcel 1 and M-1 P.U.D. zoning for Parcel 2 (collectively, the "Zoning"),pursuant to A.R.S. § 9-471(L) as more particularly set forth in Paragraphs 2 and 3 below. (2) All Zoning, with respect to the Property, and the Parcel 1 Plat, with respect to Parcel 1, are deemed to be "vested" from the effective date of the annexation and shall continue for the period of time provided below. "Vesting," "vested" or "vest" as used in his Agreement shall mean that the Town shall not, without MCO's consent, change the Zoning to a more restrictive zoning district or zoning classification, or reduce the development rights within a zoning classification in a manner which would apply to the Property or amend the Parcel 1 Plat or reduce the development rights accorded such Parcel 1 Plat under the County Standards (as defined below). Any such action shall be a breach of this Agreement by the Town. (3) The Zoning and the Parcel 1 Plat, as applicable, shall be and remain vested: (a) as to Parcel 1, or Parcel 2, as applicable, provided substantial expenditures have been incurred on such parcel, which expenditures may solely include planning and engineering costs, and for which a governmental permit for development (including without limitation any permit issued by the Town or Maricopa County, or any agency of each) has been granted ("Initial Development"); and (b) in any event for all of the Property for not less than ten(10)years from the effective date hereof(the "Initial Vesting Period"). (4) Following the expiration of the Initial Vesting Period, the Zoning and the Parcel 1 Plat, as applicable, shall remain in place as to Parcel 2 or Parcel 1 as applicable,notwithstanding that the relevant Initial Development has not occurred,but the status of the vesting of the Zoning or the Parcel 1 Plat, as to those areas shall be determined by the statutes and judicial decisions then applicable to Developer's right to develop such areas in accordance with the Zoning or the Parcel 1 Plat. Portions of the Property for which Initial Development was timely commenced shall continue to be vested as provided above. D. Town Processing. The Town shall timely process, in accordance with all applicable notice requirements, such permits, plans, specifications, plats, and/or plan amendments of or for all or a portion of the Property which are reasonably consistent with this Agreement, the Parcel 1 Plat, and the Zoning, and/or amendments thereof as described herein, as applicable. E. Density. (1) The parties acknowledge that Developer, and its successors and assigns, have agreed to develop no more than 100 single family residential units within Parcel 1 and no more than 150 dwelling units within Parcel 2. (2) So long as the maximum number of units for the Property is not exceeded, MCO may, as of right: Lee C:\W INDOW S\TEMP\PREANNEX.DOC 1/14/99 12:23 PM Page 3 of 14 (a) develop Parcel 1 and Parcel 2 with the number of units permitted in Paragraph l(E)(1)above; and (b) also develop Parcel 1 or Parcel 2 with fewer units than permitted above. No approval of the Town or its departments or officials shall be required in connection with MCO's exercise of its right to vary unit counts as set forth in this subparagraph (2). F. Other Amendments. (1) The following major changes or amendments to subdivision plats, or zoning amendments, shall be reviewed by the Planning and Zoning Commission and approved by the Town Council; provided, however that any such amendments to Parcel 1 shall be reviewed according to the Zoning and Subdivision Ordinances of Maricopa County on the date of execution of this agreement: (a) Substantial changes to the permitted uses of the property; and (b) An increase in the density or intensity of use or number of dwelling units, except for density changes as provided in Paragraph 1(E). All other changes or amendments to subdivision plats, or other amendments, shall be considered minor amendments. (2) The parties shall cooperate to timely process any minor or major zoning amendments and any amendments to subdivision plats requested by Developer or its successors and assigns. MCO and the Town agree that any such amendments shall be incorporated by this reference into this Agreement with the same force and effect as if set forth herein and shall not require corresponding amendment to this Agreement. G. Town Regulation of Development. Except as provided herein, the rules, regulations, fees, and official policies applicable to and governing the development of(i) Parcel 1, shall be the County Standards and(ii)Parcel 2, shall be those rules,regulations, and official policies which are existing and in force for the Town as of the date of the recording of this Agreement. The Town shall not impose or enact any additional conditions, zoning exactions, dedications, rules or regulations applicable to or governing the development of the Property except for the following: (1) future land use rules, regulations and official policies of the Town that are consistent with and not contrary to the Zoning, that are consistent with the vesting of the Zoning as provided in Paragraph 1(C) and the Parcel 1 Plat as provided in paragraph 2(A), and that do not decrease the development potential of the Property; require any additional infrastructure improvements or dedications in connection with the development of the Property, except as specifically provided in this Agreement, or otherwise agreed to by the parties pursuant to amendment of the Parcel 1 Plat or Zoning; limit or adversely affect the rate, timing or sequencing of the development of the property; or limit or adversely affect the uses, number and density of dwelling units or intensity of development; (2) future land use rules, regulations and official policies of the Town enacted as necessary to comply with state and federal laws and regulations,provided that in the event any C:\W INDOWS\TEMP\PREANNEX.DOC 1/14/99 1223 PM Page 4 of 14 such state or federal laws or regulations prevent or preclude compliance with this Agreement, such affected provisions of this Agreement shall be modified as may be necessary in order to comply with such state and federal laws and regulations; and (3) future imposition of taxes or filing or review fees, development fees, or modifications thereto, so long as such taxes or fees are imposed or charged by the Town to all persons and entities. To the extent that any new or amended rules, regulations or official policies (i) of the Town or (ii) the County, as applied by the Town hereunder, and not specifically enumerated in subparagraphs (1), (2) and (3) above conflict with this Agreement, then this Agreement, the Parcel 1 Plat and the Zoning shall control. H. No Moratorium. The parties agree and acknowledge that this Agreement contemplates the phasing of the development of Parcel 1 and Parcel 2, and no moratorium, ordinance, resolution or other land use rule or regulation or limitation on the rate, timing or sequencing of the development of either Parcel 1 or Parcel 2 or any portion thereof adopted by the Town shall apply to or govern the development of the Property during the term hereof unless such moratorium is in compliance with A.R.S. §9-463.06, or successor state moratorium statute. The Town and MCO recognize and agree that the terms of this paragraph 1(H) do not bind or benefit other governmental entities or private parties, except the successors and assigns of MCO hereunder. The Town and MCO also recognize and agree that the terms of this paragraph 1(H) shall be of no force or effect if A.R.S. §9-463.06 is repealed or held unconstitutional by a final order of a court of proper jurisdiction. The Town and MCO further recognize and agree that if any action by the Town causes conflict between the provisions of this paragraph 1(H) and paragraph 1(G)(2), that the provisions of paragraph 1(G)(2) shall control and apply to resolve conflicts. I. Municipal Services. MCO acknowledges that the Town, at the effective date of this Agreement, provides no municipal utility services and the Town has no control over the providing of utility services by other entities and makes no representations with respect to the availability of such utility services. Notwithstanding the foregoing, the Town agrees that in the event it provides municipal utility services in the future, and at such time the Property has been annexed to the Town as provided hereunder, the Town shall make such services available to the Property on the same terms of availability as are applicable to other real property served by the Town. J. No Development Obligation. Nothing contained herein shall be deemed to obligate MCO to commence construction on or complete any part or all of the development of the Property; provided, however, any development that is undertaken by MCO shall be performed in accordance with this Agreement. 2. Specific Provisions Regarding Parcel 1 A. MCO has obtained from Maricopa County approval for the Parcel 1 Plat and intends and wishes to develop Parcel 1 to its full build-out under the terms and conditions of the Zoning Ordinance and Subdivision Ordinance of Maricopa County ("County Standards") as more particularly set forth on Exhibit "B." Notwithstanding annexation of the Annexation Property by the Town, MCO cof may develop Parcel 1 with the uses, density, intensities and subdivision design standards set forth in the Parcel 1 Plat, pursuant to the County Standards. In connection therewith the Town shall grant all C:\WINDOWS\TEMP\PREANNEX.DOC 1/14/99 12:23 PM Page 5 of 14 approvals necessary to permit MCO Plat to develop Parcel 1 pursuant to the Parcel I Plat,pursuant to the County Standards, subject to the Town's timely review and approval of site plans and specifications. MCO agrees and understand that upon annexation of the Annexation Property to the Town, all other fees normally applicable to construction within the Town shall apply, and that the [1994] Uniform Building Code (UBC), i.e. such building code adopted and enforced by the Town as is applicable to the construction methods of structures, shall apply to Parcel 1. B. Pursuant to Town of Fountain Hills Subdivision Ordinance Article V, Section 503 (D),the Town hereby approves all cut and fill waivers necessary to construct the roadways in Parcel 1 and fully develop the lots in Parcel 1, including any necessary cut and fill waivers necessary to fully develop individual lots in Parcel 1, as platted and approved by Maricopa County pursuant to the Parcel 1 Plat. Pursuant to Town of Fountain Hills Subdivision Ordinance Article III, Section 305 (B)(3), the Town hereby excepts the streets as shown on the Parcel 1 Plat from the provisions of Town of Fountain Hills Subdivision Ordinance Article III, Section 305 (B)(1), provided that the maximum grade thereof shall be no more that 18 percent. C. The Town and MCO agree, understand and acknowledge that after annexation is completed by the adoption of an ordinance by a majority of the members of the Town Council, and the passage of the 30 day period for questioning the validity of the ordinance of annexation, the Town is required by the provisions of A.R.S. §9-471(L)to adopt the zoning classification which permits densities and uses no greater than those permitted by the County immediately before annexation. The parties further agree, understand and acknowledge that the zoning designation to be adopted by the Town after the annexation shall be the R1-43 P.U.D. zoning district as enumerated in the Zoning Ordinance of the Town of Fountain Hills, and permitting private streets within Parcel 1, 20 feet minimum front yard setbacks, and 20 feet minimum side street setbacks, and otherwise equivalent in all material respects to the R1-43 Zoning approved by the County. 3. Special Provisions Regarding Parcel 2 A. MCO has obtained from Maricopa County rezoning of Parcel 2 from R1-43 designation to the R-3 P.D. multifamily designation. B. The Town agrees that, upon execution of this Agreement, and the signing of a petition by MCO authorizing annexation of the Property, the Town shall support the current request by MCO of Maricopa County for such rezoning of Parcel 2. C. The Town and MCO agree, understand and acknowledge that after annexation is completed by the adoption of an ordinance by a majority of the members of the Town Council,and the passage of the 30 day period for questioning the validity of the ordinance of annexation, the Town is required by the provisions of A.R.S. §9-47(L)to adopt the zoning classification which permits densities and uses no greater than those permitted by the County immediately before annexation. The parties further agree, understand and acknowledge that the zoning designation to be adopted by the Town of Fountain Hills after the annexation shall be the M-1 P.U.D. zoning district as enumerated in the Zoning Ordinance of the Town of Fountain Hills, and permitting private streets within Parcel 2 and providing for site plan approval by the Town, and otherwise, except as provided in paragraph 3(E) below, equivalent in all material respects to the R-3 P.D. multifamily designation as approved by the County. D. MCO further agrees, understands and acknowledges that, except as otherwise provided in this Agreement, the development of Parcel 2 under the Town M-1 P.U.D. zoning C:\WINDOWS\TEMP\PREANNEX.DOC 1/14/99 12:23 PM Page 6 of 14 classification, as that zone exists now, shall be subject to all of the appropriate ordinances, rules and regulations of the Town at the time that development occurs. MCO further agrees that in connection with the approval of such M-1 P.U.D. zoning, it shall restrict Parcel 2 to prohibit its development as single owner commercial rental property. E. MCO agrees,understands and acknowledges that the zoning classification of M- 1 P.U.D., as provided for in this Agreement is a less intense use than the R-3 P.D. zoning designation approved for the Property by the County and that, as such, the zoning classification applied to the Property by the Town could result in fewer units being constructed than if the Property were to have been developed under R-3 P.D. zoning in Maricopa County,provided that in no event shall such Town Zoning provide for any less density for Parcel 2 than is set forth in paragraph 1(E)(1) . 4. Cooperation and Alternative Dispute Resolution. A. Appointment of Representatives. To further the commitment of the parties to cooperate in the implementation of this Agreement, upon the request of either MCO or the Town, the Town and MCO shall each designate and appoint a representative to act respectively on behalf of the Town and its various departments and MCO ,except as otherwise provided in this Agreement or by law. The initial representative for the Town (the "Town Representative") shall be the Town Manager or his designee and the initial representative for MCO shall be its Vice President, as identified by MCO from time to time. The representatives shall be available at all reasonable times to discuss and review the performance of the parties to this Agreement and the development of the Property pursuant to this Agreement. The representatives may recommend amendments to the Parcel 1 Plat, the Zoning or this Agreement which may be agreed upon by the parties. B. Expedited Town Decisions. The Town and MCO agree that MCO must be able to proceed rapidly with the development of the Property and that, accordingly, an expedited Town review process is necessary. Accordingly, if at any time MCO believes that an impasse has been reached with the Town staff on any issue affecting the Property, MCO shall have the right to immediately appeal to the Town Representative for an expedited decision pursuant to this paragraph. If the issue on which an impasse has been reached is an issue where a final decision can be reached by the Town staff, the Town Representative shall give MCO a final decision within fifteen (15) days after MCO's request for an expedited decision. If the issue on which an impasse has been reached is one where a final decision requires action by the Town Council, or if MCO believes an impasse remains on any issue where a final decision has been given to MCO by the Town Representative, the Town Representative shall use its best efforts to schedule a Town Council hearing on the issue within four (4) weeks after MCO's request for an expedited decision;provided,however,that if the issue first requires review by the Town Planning and Zoning Commission, the matter shall be submitted to the Commission within four(4) weeks after MCO's request for an expedited decision. The Town Planning and Zoning Commission shall timely act on such matter within four (4) weeks after MCO's request for such action. Following action by the Town Planning and Zoning Commission, the matter shall be submitted to the Town Council for timely action, within four(4) weeks after MCO's request for such action. Both parties agree to continue to use timely efforts to resolve any impasse pending any such expedited decision. The foregoing expedited review process shall always be subject to notice and hearing procedures required by law. C. Default. Upon a failure or unreasonable delay by either party to perform or Lie otherwise act in accordance with any term or provision of this Agreement, the other party may give written notice of default specifying the nature of the failure or delay and the manner in which it may be C:\WINDOWS\TEMP\PREANNEX.DOC 1/14/99 12:23 PM Page 7 of 14 satisfactorily cured, if possible. In the event such failure or delay is not cured within thirty (30) days after such notice, the party receiving such notice shall be in default hereunder, and the nondefaulting party shall have all rights and remedies which may be available at law or in equity against the party in default hereunder. 5. Notices and Filings. A. Manner of Delivery. All notices, filings, consents, approvals and other communications provided for herein or given in connection herewith shall be validly given, filed, made, delivered or served if in writing and delivered personally or sent by telephonic facsimile or registered or certified United States Mail, postage prepaid, if to: The Town, the Town Council, and the Town Clerk: Town Clerk Town of Fountain Hills 16836 East Palisades Blvd. Building C P. O. Box 17958 Fountain Hills, AZ 85269-7958 Fax No. (602) 837-3145 with a copy to: Law Offices of William E. Farrell 10135 E. Via Linda, Suite 220 Scottsdale, AZ 85258 Fax No. (602) 661-7454 The Developer: MCO Properties Limited Partnership 16838 E. Palisades Blvd. P. O. Box 17795 Fountain Hills, AZ 85269 Attn: Executive Vice President Fax No. (602) 837-1677 with a copy to: MCO Properties L.P. 5847 San Felipe Suite 2600 Houston, TX 77057 Attn: Vice President/Managing Counsel Fax No. (713) 267-3702 or to such other addresses as either party hereto may from time to time designate in writing and deliver in a like manner. B. Mailing or Facsimile Effective. Notices, filings, consents, approvals and communications given by mail or facsimile shall be deemed delivered twenty-four (24) hours following deposit in the U.S. mail, postage prepaid and addressed as set forth above, or confirmation of facsimile delivery to the telephone member set forth above. C:\WINDOWS\TEMP\PREANNEX.DOC 1/14/99 1223 PM Page 8 of 14 6. General Provisions. A. Waiver. No delay in exercising any right or remedy shall constitute a waiver thereof, and no waiver by the Town or MCO of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. B. Headings. The descriptive headings of the paragraphs of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. C. Exhibits. Any exhibit attached hereto shall be deemed to have been incorporated herein by this reference with the same force and effect as if fully set forth in the body hereof. D. Further Acts. Each of the parties hereto shall execute and deliver all such documents and perform all such acts as reasonably necessary, from time to time, to carry out the matters contemplated by this Agreement. Without limiting the generality of the foregoing, the Town shall timely cooperate and process promptly any requests and applications for plat or permit approvals or revisions, and other necessary approvals relating to the development of the Property by MCO and its successors and assigns, or overwise required hereunder. E. Successors and Assigns. All of the provisions hereof shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto, except as provided in Paragraph 6(H) below, with respect to any Public Lot (as defined below). Notwithstanding the foregoing, MCO's rights and obligations hereunder may only be assigned by a written instrument, recorded in the Official Records of Maricopa County, expressly assigning such rights and obligations. In the event of MCO's complete assignment of all its rights and obligations hereunder, MCO's liability hereunder for acts occurring after the date of the assignment shall terminate effective upon the assumption by MCO's assignee. Except in connection with sale of a Public Lot(as hereinafter defined), MCO shall notify Town of assignment of any or all of its rights and obligations hereunder; provided, however, that all assignments, including those in connection with paragraph 6(G), shall be effective without the consent of the Town. F. Term. The term of this Agreement shall commence on the Effective Date and except as provided below shall automatically terminate on the tenth (10th) anniversary of such date; provided, however, that during the one (1) year period prior to the automatic termination of this Agreement, the parties shall meet and confer as often as either may reasonably request to determine if, and upon what terms, this Agreement shall be extended. If the parties are able to agree upon an extension, an extension agreement between the parties shall be executed and recorded. If the parties are unable to agree upon such an extension,either party may record a notice of termination of this Agreement to be effective on the tenth (10th) anniversary of the date of execution by both parties. Notwithstanding such termination, the provisions of Paragraph 1(C) shall survive the termination. G. Covenants Running with the Land. This Agreement is made as part of a common plan for the development of the Property and constitutes a "Development Agreement" as defined in cre A.R.S. §9-500.05, and all rights and obligations hereunder shall be considered to run with the land and benefit and burden all owners of all or any portion of the Property, including all owners who acquire title C:\WINDOWS\TEMP\PREANNEX.DOC 1/14/99 12:23 PM Page 9 of 14 to any portion of the Property subsequent to the execution and recording of this Agreement, except as fikiw otherwise provided in Paragraph 6(H). H. Termination Upon Sale to Public. The Town and MCO hereby acknowledge and agree that this Agreement is not intended to and shall not create conditions or exceptions to title or covenants running with the Property as to Public Lots. Therefore, in order to alleviate any concern as to the effect of this Agreement on the status of title to any of the Property, this Agreement shall terminate without the execution or recordation of any further document or instrument as to any lot(a "Public Lot") which has been finally subdivided and individually sold or leased (for a period of longer than one year) or sold to the individual end purchaser or user thereof. Upon such sale or long term lease, such Public Lot shall be released from, and no longer be subject to or burdened by, any obligations under this Agreement. Notwithstanding the foregoing, the benefits of this Agreement shall continue to run as to any such Public Lot until a building and other improvements are constructed on such Public Lot, or until the termination of this Agreement, if earlier, at which time this Agreement shall entirely terminate as to such Public Lot. I. No Partnership: Third Parties. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership,joint venture or other arrangement between MCO and the Town. No term or provision of this Agreement is intended to or shall be for the benefit of any person,firm, organization or corporation not a party hereto, and no such other person,firm organization or corporation shall have any right or cause of action hereunder. J. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. All prior and contemporaneous agreements, representations and understandings of the parties, oral or written, are hereby superseded and merged herein. K. Amendments. No change or addition shall be made to this Agreement except by a written amendment executed by the parties hereto. Except as otherwise provided herein, any such amendment shall be adopted by Town Ordinance or resolution. L. Names and Plans. Subject to the provisions of the "Public Records and Documents" laws of the state of Arizona, MCO shall be the sole owner of all names, titles, plans, drawings, specifications, ideas, programs, designs and work products of every nature at any time developed, formulated or prepared by or at the instance of MCO in connection with the Property; provided,however, that in connection with any conveyance of portions of the Property to the Town, such rights pertaining to the portions of the Property so conveyed shall be assigned, to the extent that such rights are assignable, to the Town. Notwithstanding the foregoing, MCO shall be entitled to utilize all such materials described herein to the extent required for MCO to construct, operate or improvements relating to the Property. M. Good Standing; Authority. Each of the parties respectively represents and warrants to the other(i)that it is duly formed and validly existing under the laws of Arizona, with respect to MCO , or a municipal corporation within the State of Arizona, with respect to the Town, (ii) that it is respectively an Arizona limited liability company or an Arizona municipal corporation duly qualified to do business in the State of Arizona and is in good standing under the applicable state laws, and(iii) that the individual(s) executing this Agreement on behalf of the respective parties are authorized and empowered to bind the party on whose behalf each such individual is signing. C:\WINDOWS\TEMP\PREANNEX.DOC 1/14/99 12:23 PM Page 10 of 14 err, N. Legality. The Town hereby represents that: (1) The Town has complied or shall timely comply with all applicable laws and has taken or shall take all necessary steps, including without limitation, the holding of all required public hearings, to enter into this Agreement, obligate the Town hereunder, annex the Annexation Property and enact the Zoning; and O. Severability. If any provision of this Agreement is declared void or unenforceable, such provision shall be severed from this Agreement, which shall otherwise remain in full force and effect. If an applicable law or court of competent jurisdiction prohibits or excuses the Town from undertaking any contractual commitment to perform an act hereunder, this Agreement shall remain in full force and effect, but the provision requiring such action shall be deemed to permit the Town to take such action at its discretion. If, however, the Town fails to take the action required hereunder. MCO shall be entitled to terminate this Agreement. P. Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona. Q. Notice of A.R.S. §38-511. The Town hereby notifies MCO of the provisions of A.R.S. §38-511. Cancellation of political subdivision and state contracts; definition, which provides, inter alia, that The state, its political subdivisions or any department or agency of either may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the state, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating,negotiating, securing, drafting or creating the contract on behalf of the state, its political subdivisions or any of the departments or agencies of either is, at any time while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or a consultant to any other party of the contract with respect to the subject matter of the contract. The parties acknowledge that no person significantly involved in initiating negotiating, securing,drafting or creating this Agreement on behalf of the Town either is an employee or agent of MCO , in any capacity, or a consultant to MCO with respect to the subject matter of this Agreement. R. Time of Essence. Time is of the essence in this Agreement. S. Force Majeure. Neither party shall be deemed to be in default hereunder where failure or delay in performance of any of its obligations under this Agreement is caused by weather conditions, natural disasters, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties, material shortages, government regulations, referendums, court actions (such as restraining orders or injunctions) or other causes beyond such party's control. If any such events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder shall be extended by the period of time that such events prevents such performance provided Lor that the term of this Agreement shall not be extended under any circumstances for a period which would cause this Agreement or provisions hereof to be void as violating the rule against perpetuities. C:\WINDOWS\TEMP\PREANNEX.DOC 1/14/99 12:23 PM Page 11 of 14 T. Counterparts. This Agreement may be signed in counterparts, and the fully executed counterparts shall together constitute a single original Agreement. U. Effective Date. The effective date of this Agreement shall be the date of recordation of this agreement in the Office of the Maricopa County Recorder. V. Recordation. This Agreement shall be recorded in the Official Records of Maricopa County, Arizona not less than ten (10) days after this Agreement is executed by the Town and MCO . L • C:\WINDOWS\TEMP\PREANNEX.DOC 1/14/99 12:23 PM Page 12 of 14 • IN WITNESS WHEREOF,the parties have executed this Agreement as of the date of recordation hereof in the Office of the Maricopa County Recorder. THE TOWN OF FOUNTAIN HILLS: . 7W. ____. Sharon Morgan, Mayor ATTEST: APPR D AS TO FORM: _ )k,,.).1\ \t""/ Cassie B. Hansen, Town Clerk Andrew cGuire, ssistant Town Attorney 6/44,4_,L\13 ) .itivit/J_A_.) STATE OF ARIZONA ) ) COUNTY OF MARICOPA ) The foregoing document was acknowledged before me th , 199Z, by J.f.cA.i-,,_ c722«ts--A.J, the Li.77 of the Town of untain Hill n Arizona municipal corporation, on'�ehalf of the corpora on. z„,,,..:„°44,=,.., 10.. (- ___.....) Nota y Public My commission expires: 9-/7-a on.a ,,,,,,,, ai€1a14L1 , LINDA D. LEMMEN ':µ— `�1 ►AN .Oft swarm (4, MY bdfflh1iem:11ipMiIS Ar17, r E:ATTORNEY\PREANNEX.DOC 1/26/99 5:02 PM Page 13 of 14 MCO PROPERTIES L.P., A DELAWARE LIMITED PARTNERSHIP By: MCO Properties Inc., a Delaware corporation, partner rp , general ral By: Its: Cc -e {i2-�S STATE OF ARIZONA ) COUNTY OF MARICOPA ) The foregoing document was acknowledged before me then? day of k/Aitiathe.S' , I99/_, by l4ANK 1-ItA '14 I/ , who acknowledged himself to be the i4fE 19. Es/De-Ai7' of MCO Properties Inc.,general partner of MCO Properties L.P., a Delaware limited partnership, for and on behalf of the limited partnership. 21-1z-e— >/, Notary Public c My commission expires: //- f�o�DDoZ� OFFICIAL SEAL ELANIE S. PA : (7. Wary Pubic-Meta 44 Mama \J w►Ricow►couNTY My cans opine Nat 4,2002 L CA WINDOWS DOC 1/14/99 12:23 PM Page 14 of 14 Town of Fountain Hills Memorandum DATE: January 15, 1999 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder,Community Development Director Vv O THROUGH: Paul L. Nordin,Town Manager SUBJECT: Resolution 1999-05,establishing the Fountain Hills McDowell Mountain Preserve. The Town of Fountain Hills has recently taken ownership of 386 acres of land in the McDowell Mountains that were acquired as a part of the Firerock Country Club development. As directed by the Town Council,the McDowell Mountain Preserve Commission(MMPC)has requested that this land be included in a mountain preserve within the Town. Attached is Resolution 1999-05, which creates the Fountain Hills McDowell Mountain Preserve (FHMMP). This resolution also places the 386 acres of Town-owned land into the FHMMP, and gives direction to the MMPC to develop a Preserve Management Plan for the FHMMP. As directed by the Council,the MMPC has been working for the last year to develop a Preserve Management Plan for the FHMMP. The Commission has prepared a summary of recommendations regarding this Plan for the Town Council to review. The Commission desired to keep the Summary of Recommendations brief,for readability purposes. This summary is attached. The Commission prepared a brief explanation for many of the specific recommendations. They are as follows: McDowell Mountain Preserve Management Plan Security Security will be maintained by a volunteer group of"Trail Marshals". The Marshal Program will be staffed by interested individuals drawn from the McDowell Park Association,Fire Department Explorer Program,Police Department Explorer Program, Kiwanis Key Club and Community Property Owners Associations. Legal enforcement will be under the Town Marshal's office. Access Access will be through two neighborhood parks. Trailheads will be positioned at the end of the park area. Simple, concise signs will discretely post regulations. Limited parking will be available. No on street parking will be permitted in the immediate area. Limited street parking and discrete signs will minimize spider trail access. Town Council Memorandum Resolution 1999-05 January 15, 1999 Page 2 of 3 L Trails and Trailheads Great care needs to be taken in the planning and design of trailheads in order to reduce the generally negative public perception of this needed public facility. Trailheads could be designed more in character will adjacent neighborhoods; possibly more of a mini park theme. The nature of the preserve needs to be captured and explored in the design of the trailhead. Stewardship Stewardship means to take care of something we treasure. In this case,the views of the McDowell Mountains,the habitat of animals and plants in the Sonoran Desert,and the preservation of an area of this natural world in Fountain Hills. The McDowell Mountain Preservation Commission is committed to this effort and will propose an overall plan and suggest management techniques to achieve these goals. Fountain Hills' citizens have already approved a substantial financial resource-the$6,000,000 bond issue approved November 4, 1997. Community stewardship is need,from young children to grandparents. Volunteers are an integral part of all phases of stewardship. Being good stewards of our preservation area requires continual, effective support from residents who care. Fire Control Plan Fire protection of Town "open space" is currently recognized in the annual letter of agreement between the Town of Fountain Hills and Rural Metro. Fire prevention rules and posting, as well as area maintenance within the "Preserve Area", will be a responsibility of the Town. The annual agreement insures that Rural Metro has the right to call in fire fighting air support,etc. in the event of a fire in the Preserve area,and the Town of Fountain Hills will be responsible for any cost incurred in such support. As open space is acquired,the Town administration should be certain to specify new areas in an addendum of their annual letter of agreement. The maintenance of"fire trails" and access routes should be the responsibility of the Engineering Department(Public Works). (Volunteer labor to support such maintenance will be organized and encouraged by the McDowell Mountain Preservation Commission/Sonoran Conservancy. The Town shall recognize the "Preserve" in part of their annual contract with Rural Metro, and is responsible for providing proper access and maintenance of all trails leading to the protected open space. L Town Council Memorandum Resolution 1999-05 January 15, 1999 Page 3 of 3 L Management Plan Outline The McDowell Mountain Preservation Commission(MMPC) will provide the policy direction for the Fountain Hills McDowell Mountain Preserve(FHMMP). The Community Development Department Director shall be responsible for implementation of the management and maintenance plan for the FHMMP. There are numerous aspects of Preserve management that will rely on assistance from various Town departments and outside organizations to support the security,maintenance, and land uses within the Preserve. (i.e., Parks &Recreation Department, Public Works Department,Fountain Hills School District Administration,Marshal's Department, Scottsdale McDowell Mountain Preserve Commission,Maricopa County Park Administration, etc.) Recommendation Staff recommends Town Council approval of Resolution 1999-05. L L TOWN OF FOUNTAIN HILLS (of RESOLUTION NO. 1999-05 A RESOLUTION OF THE TOWN OF FOUNTAIN HILLS,MARICOPA COUNTY,ARIZONA, PROCLAIMING THE ESTABLISHMENT OF THE FOUNTAIN HILLS MCDOWELL MOUNTAIN PRESERVE WHEREAS, the McDowell Mountains are the most prominent scenic feature along the western border of the Town of Fountain Hills with landmark views, lush Sonoran desert vegetation,abundant wildlife,rock outcrops, and steeply carved hillsides and washes; and WHEREAS, Fountain Hills' residents have given their strong support to maintain this treasure for the enjoyment of all and for future generations to experience and enjoy; and WHEREAS, the McDowell Mountain Preservation Commission (FHMMPC) has defined a mission to follow a defined action plan that will preserve, protect, and maintain the beauty and heritage of the McDowell Mountains in perpetuity with provisions for appropriate public access and use as deemed desirable by the Commission and subsequent preserve management administration; and WHEREAS, the first phase of the Fountain Hills McDowell Mountain Preserve (FHMMP), and future additions to this land, will preserve a significant conservation and open space resource, will maintain an appropriate areas of the preserve for natural habitat, and will provide for limited public access in appropriate locations; and NOW,THEREFORE,BE IT RESOLVED BY MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,AS FOLLOWS: Section 1: That the Fountain Hills Town Council hereby establishes the Fountain Hills McDowell Mountain Preserve (FHMMP), the first phase consisting of 386 acres of land owned by the Town, which area is more particularly described in EXHIBIT "A" and depicted in EXHIBIT "B" attached hereto and incorporated herein by reference. Section 2: That the Fountain Hills Town Council hereby intends that as additional land is acquired it will be added to the FHMMP. Section 3: That the following general guidelines shall apply to the operation of the FHMMP: • Overall the FHMMP shall be maintained exclusively as open space, with land, slope and vegetation conservation as its primary purpose with limited trail- oriented,non-motorized recreational opportunities. SASS/ A Il- 1-� - 5 Resolution 1999-05 ON ot."D�r Page 1 of 2 SECOND COUNT -�,-- • The first phase and subsequent acquisitions of a preserve shall be managed by the Town until the completion and approval of a plan and recommendations for a preserve management organization. • The levels of access locations into the FHMMP shall be established within the management and maintenance plan for the preserve. • Additional and specific rules, regulations, and ordinances shall be prepared for public safety, and to govern the use and occupancy of public land under the supervision of the Town of Fountain Hills, and to insure that the FHMMP resources are protected. • In the future plan, the Town may consider including the FHMMP in an intergovernmental management plan. Section 4: That the FHMMP is hereby directed to prepare recommendations for consideration by the Town Council in carrying out its management responsibilities for the FHMMP. PASSED AND ADOPTED this 21st day of January, 1999. FOR THE TOWN OF FOUNTAIN HILLS: ATTEST: 4zjxi,t_t:_Q5 Sharon Morgan,M or Cassie B. Hansen Town Clerk REVIE. D BY: APPROVED AS TO FORM: Paul I,/Nordin 1 liam E.Farrell Town Manager Town Attorney Resolution 1999-05 Page 2 of 2 The McDowell Mountain Preservation Commission (MMPC) recommends that the Town Council of Fountain Hills adopt a Preserve Management Plan for the new areas of open space recently acquired by the Town. This ownership of open space requires protection, and it is timely to provide proper guidance in management of the area. Your Commission studied many options of operation and management that could be included in a Management Plan. The recommended Plan outlines seven major components of management that are specifically suited to the uniqueness of our Fountain Hill Preserve. Approval of the concepts of this plan (i.e., Management under the supervision of the Community Development Director combined with Policy guidance from the Preservation Commission) would then allow the specific details of management responsibilities to develop with and through the other Town Departments when and as required. Detailed consideration of certain functions are also included in the appended material where the Commission wishes to illustrate specific areas for consideration. A Summary of Recommendations to be included in The Preserve Management Plan GENERAL MANAGEMENT RESPONSIBILITY - The Community Development Director shall be responsible for the implementation of management and maintenance of the Fountain Hills McDowell Mountain Preserve (FHMMP) POLICY DIRECTION - The FHMMP will provide all policy direction related to land usage and operations with the Preserve. ,,,,, STEWARDSHIP- Care of the Preserve shall be a joint responsibility of the Town and the Community. Stewardship awareness will be basic to the protection of the open space, and will be encouraged, and enhanced through a citizen Trail Marshall program. PLANS & RULES- Detailed plans and rules will be developed by the MMPC to cover the following: Security - to be maintained by the Town Trails & Trail Heads - Design and location of trail heads shall be sensitively compatible with desert surrounding and proximity to neighborhoods. Land Uses - For the most part the Preserve will be an undisturbed open space for the existence and natural growth of the habitat. An access route on a North-South alignment along the eastern side of the McDowell Mountains will be allowed. The plan does not include other activities within the Preserve with the exception of items listed below under Education. FIRE CONTROL- The Town shall recognize the Preserve specifically as part of the annual contract with Rural Metro. The Town is responsible for providing proper fire emergency access and maintenance of all trails leading to the protected open space. EDUCATION - Programs designed to foster the study and research of elements within the Preserve may be allowed under a system of specific permits. ce INTER-GOVERNMENTAL PLANNING - As the development of the McDowell Sonoran • Preserve (MSP) progresses, there may be opportunity to consider a shared management plan that would unite the McDowell Mountain Regional Park, MSP, and the FHMMP. EAGLE NEST \ EAGLE RIDGE NORTH 280 ACRE PARCEL A portion of Sections 5, 6 , 7, 8 and 17, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, more particularly described as follows : BEGINNING at a point on the westerly line of Fountain Hills, Arizona Final Plat No. 513 as recorded on December 6, 1994 in Book 387, Page 30 on the records of Maricopa County, said point being South 00 degrees 33 minutes 49 seconds West a distance of 1126 .26 feet from the northwest corner of said plat, and said point being also South 04 degrees 02 minutes 42 seconds West a distance of 155 . 85 feet from the North Quarter Corner of said Section 8; thence South 00 degrees 33 minutes 49 seconds West along the westerly line of said Plat 513 a distance of 1143. 09 feet; thence South 54 degrees 29 minutes 40 seconds West a distance of 132 . 08 feet; thence South 23 degrees 07 minutes 08 seconds West a distance of 326 . 77 feet to the northerly boundary of Sunridge Canyon; thence departing said Plat 513, North 52 degrees 42 minutes 47 seconds West along the boundary of Sunridge Canyon, a distance of 1380 . 05 feet; thence North 89 degrees 51 minutes 08 seconds West a distance of 1170 . 00 feet; thence South 47 degrees 05 minutes 38 seconds West a distance of 145. 08 feet to the line between Sections 7 and 8; thence continuing, South 47 degrees 05 minutes 38 seconds West a distance of 819 . 92 feet; thence South 33 degrees 51 minutes 29 seconds East a distance of 1079 . 90 feet to the line between Sections 7 and 8; thence continuing, South 33 degrees 51 minutes 29 seconds East a distance of 0.60 feet; thence North 90 degrees 00 minutes 00 seconds East a distance of 443 . 00 feet; thence South 45 degrees 20 minutes 48 seconds East a distance of 1434 . 00 feet; thence South 85 degrees 56 minutes 43 seconds East a distance of 1413 . 50 feet; thence North 60 degrees 09 minutes 09 seconds East a distance of 351 . 50 feet; thence South 61 degrees 42 minutes 39 seconds East a distance of 517 . 00 feet; thence South 32 degrees 00 minutes 02 seconds East a distance of 990.50 feet; thence South 77 degrees 52 minutes 11 seconds East a distance of 475 . 50 feet; thence South 89 degrees 16 minutes 42 seconds East a distance of 160. 00 feet; thence South 01 degrees 22 minutes 34 seconds East a distance of 420 . 00 feet; thence South 34 degrees 59 minutes 16 seconds West a distance of 440.27 feet to the line between Sections 8 and 17 ; thence continuing, South 34 degrees 59 minutes 16 seconds West a distance of 536 .23 feet; thence South 43 degrees 24 minutes 28 seconds West a distance of 411 . 54 feet; thence departing the boundary of Sunridge Canyon, North 58 degrees 17 minutes 01 seconds West a distance of 1401. 18 feet to the line between Sections 8 and 17 ; thence continuing, North 58 degrees 17 minutes 01 seconds West a distance of 3123 . 69 feet; thence North 30 degrees 59 minutes 00 Revised 1-14-97 ; Legal Number 962 12-23-96 Attachment "A" GWN (4010 Page 1 of 4 seconds West a distance of 195 . 04 feet to the line between Sections 7 and 8; thence continuing, North 30 degrees 59 minutes 00 seconds West a distance of 1965 . 71 feet; thence North 00 degrees 00 minutes 04 seconds West a distance of 1804 . 35 feet to the line between Sections 6 and 7; thence continuing North 00 degrees 00 minutes 04 seconds West a distance of 114 . 87 feet,thence North 89 degrees 59 minutes 34 seconds East a distance of 1008 . 31 feet to the line between Sections 5 and 6 ; thence continuing North 89 degrees 59 minutes 34 seconds East a distance of 1010 . 05 feet; thence South 50 degrees 14 minutes 46 seconds East a distance of 183 . 47 feet to the line between Sections 5 and 8; thence continuing South 50 degrees 14 minutes 46 seconds East a distance of 249 . 07 feet; thence South 90 degrees 00 minutes 00 seconds East a distance of 1280 . 19 feet to the POINT OF BEGINNING. EXCEPTING, Reservoir Site No. 5 and the access road to said site, described as follows : A portion of Section 8, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, more particularly described as follows : BEGINNING at a point on the westerly line of Fountain Hills, Arizona Final Plat No. 513 as recorded on December 6 , 1994 in Book 387 , Page 30 on the records of Maricopa County, said point being South 00 degrees 33 minutes 49 seconds West a distance of 1951.51 feet from the northwest corner of said plat; thence South 00 degrees 33 minutes 49 seconds West along said westerly line, a distance of 45 . 35 feet; thence departing said line, South 62 degrees 27 minutes 54 seconds West a distance of 11.55 feet to the beginning of a tangent curve concave northerly and having a radius of 220. 00 feet; thence along the arc of said curve through a central angle of 48 degrees 00 minutes 29 seconds an arc length of 184 . 34 feet; thence North 69 degrees 31 minutes 37 seconds West a distance of 53 . 38 feet to the beginning of a tangent curve concave southerly and having a radius of 180 . 00 feet; thence along the arc of said curve through a central angel of 14 degrees 26 minutes 27 seconds an arc length of 45 . 37 feet; thence North 83 degrees 58 minutes 04 seconds West a distance of 217 . 62 feet to the beginning of a tangent curve concave southerly an having a radius of 80.00 feet; thence along the arc of said curve through a central angle of 17 degrees 27 minutes 58 seconds an arc length of 24 . 39 feet; thence South 78 degrees 33 minutes 58 seconds West a distance of 91. 00 feet to the beginning of a tangent curve concave northerly and having a radius of 220 . 00 feet; thence along the arc of said curve through a central angle of 12 degrees 09 minutes 12 seconds an arc length of 46 .67 feet; thence North 89 degrees 16 minutes 50 seconds West a distance of 76 . 78 feet to the beginning of a tangent Revised 1-14-97; Legal Number 962 Attachment "A" GW-23-96 Page 2 of 4 curve concave northerly and having a radius of 220 . 00 feet; thence along the arc of said curve through a central angle of 19 degrees 12 minutes 31 seconds an arc length of 73 . 76 feet; thence North 70 degrees 04 minutes 19 seconds West a distance of 99 . 51 feet; thence South 00 degrees 00 minutes 00 seconds West a distance of 90 . 00 feet; thence North 90 degrees 00 minutes 00 seconds West a distance of 150. 71 feet to the northerly line of Sunridge Canyon; thence North 52 degrees 42 minutes 47 seconds along said line a distance of 124 . 80 feet; thence departing said line, North 00 degrees 00 minutes 00 seconds West a distance of 174 . 40 feet; thence North 90 degrees 00 minutes 00 seconds East a distance of 250 . 00 feet; thence South 00 degrees 00 minutes 00 seconds East a distance of 117 . 45 feet; thence South 70 degrees 04 minutes 19 second East a distance of 114 . 01 feet to the beginning of a tangent curve concave northerly and having a radius of 180. 00 feet; thence along the arc of said curve through a central angle of 19 degrees 12 minutes 31 seconds an arc length of 60 . 35 feet; thence South 89 degrees 16 minutes 50 seconds East a distance of 76 .78 feet to the beginning of a tangent curve concave northerly and having a radius of 180. 00 feet; thence along the arc of said curve through a central angle of 12 degrees 09 minutes 12 seconds an arc length of 38 . 18 feet; thence North 78 degrees 33 minutes 58 seconds East a distance of 91 . 00 feet to the beginning of a tangent curve concave southerly an having a radius of 120 . 00 feet; thence along the arc of said curve through a central angle of 17 degrees 27 minutes 58 seconds an arc length of 36 .58 feet; thence South 83 degrees 58 minutes 04 seconds East a distance of 217 . 62 feet to the beginning of a tangent curve concave southerly and having a radius of 220. 00 feet; thence along the arc of said curve through a central angel of 14 degrees 26 minutes 27 seconds an arc length of 55.45 feet; thence South 69 degrees 31 minutes 37 seconds East a distance of 53 . 38 feet to the beginning of a tangent curve concave northerly and having a radius of 180 . 00 feet; thence along the arc of said curve through a central angle of 48 degrees 00 minutes 29 seconds an arc length of 150 . 82 feet; thence North 62 degrees 27 minutes 54 seconds East a distance of 32 . 91 feet to the POINT OF BEGINNING. This parcel contains a net area of 280. 0011 acres more or less . Revised 1-14-97; Legal Number 962 12-23-96 GWN Page 3 of 4 Attachment "A" PROPOSED TOWN PRESERVATION PARCEL fir,, A parcel of land located in Section 6 and Section 7 , Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, more particularly described as follows : BEGINNING at a point on the west line of said Section 6 , said point being North 00 degrees 04 minutes 47 seconds West a distance of 947 .52 feet from the Southwest Corner of said Section 6, thence departing said line, South 61 degrees 44 minutes 01 seconds East a distance of 1996 . 15 feet to a point on the line between said Section 6 and Section 7, said point being South 89 degrees 55 minutes 42 seconds West a distance of 860 . 19 from the Quarter, Corner between said Sections; thence departing said Section 6 and continuing South 61 degrees 44 minutes 01 seconds East a distance of 138 . 27 feet; thence South 24 degrees 52 minutes 43 seconds West a distance of 372 .50 feet; thence South 75 degrees 46 minutes 56 seconds West a distance of 925 .00 feet; thence South 42 degrees 52 minutes 00 seconds East a distance of 326 . 00 feet; thence North 39 degrees 00 minutes 00 seconds East a distance of 232 . 00 feet; thence South 26 degrees 20 minutes 00 seconds East a distance of 148 . 00 feet; thence South 77 degrees 47 minutes 44 seconds East a distance of 911 . 14 feet; thence North 59 degrees 09 minutes 00 seconds East a distance of 291 .00 feet; thence North 86 degrees 04 minutes 30 seconds West a distance of 730 . 00 feet; thence North 05 degrees 07 minutes 00 seconds East a distance of 300 . 00 feet; thence North 68 degrees 53 minutes 00 seconds East a distance of lbw 160 . 00 feet; thence North 34 degrees 02 minutes 00 seconds East a distance of 220 . 00 feet; thence North 21 degrees 00 minutes 00 seconds West a distance of 200 .00 feet; thence North 78 degrees 15 minutes 00 seconds West a distance of 447 .49 feet to a point on the line between said Section 6 and Section 7 , said point being North 89 degrees 57 minutes 26 seconds East a distance of 299 . 66 feet from the Quarter Corner between said Sections; thence departing Section 7 , North 43 degrees 10 minutes 00 seconds East a distance of 486 . 00 feet; thence North 87 degrees 59 minutes 00 seconds West a distance of 904 . 00 feet; thence South 81 degrees 35 minutes 00 seconds West a distance of 260.00 feet; thence North 60 degrees 18 minutes 00 seconds West a distance of 380 . 00 feet; thence North 08 degrees 30 minutes 00 seconds West a distance of 620 .00 feet; thence South 39 degrees 38 minutes 00 seconds West a distance of 420 . 00 feet; thence North 72 degrees 32 minutes 00 seconds West a distance of 184 .00 feet; thence North 15 degrees 25 minutes 00 seconds West a distance of 212 .00 feet; thence South 77 degrees 12 minutes 00 seconds West a distance of 224 . 00 feet; thence North 01 degrees 03 minutes 00 seconds East a distance of 566 .00 feet; thence North 76 degrees 50 minutes 00 seconds West a distance of 167 . 00 feet; thence North 22 degrees 11 minutes 07 seconds West a distance of 339 . 94 feet; thence North 34 degrees 34 minutes 20 Legal Number 911 Attachment "A" Revised 12-11-96 ; 6-13-96 GWN Page 1 of 3 seconds West a distance of 1022 .00 feet; thence North 08 degrees 35 i„ minutes 00 seconds West a distance of 146 . 00 feet; thence North 74 degrees 14 minutes 00 seconds East a distance of 370 .00 feet; thence North 70 degrees 45 minutes 20 seconds West a distance of 724 .07 feet to the westerly line of said Section 6 ; thence South 00 degrees 04 minutes 47 seconds East along said line, a distance of 2335 .98 feet to the POINT OF BEGINNING. This parcel contains an area of 106 .0000 acres more or less . • Legal Number 911 Revised 12-11-96; 6-13-96 GWN Page 2 of 3 Attachment "A" L 4_ " yet i �� 1/4 cots 1 6 5 at+to Lag ____wa s4'4Y_- - 7 8 N 11 -33]T.07 9 2640.16 -.NWslsEr •j P.O.D. g •' PLAT 513 PIi y� - - F 1170� u __'. - • - SNORT COURSE TABLE Ct • •. UNE DIRECTION I 015T ANCE hJ L1 58916'4TE I 160.00 O ` • L2 547'05'36'w 1 '45.08' N�' & 'Qf. �' L3 504'02'4Yw I "5.85 • N�L L4 N6227'54"E 32 91' IA ,7-- L9 56971'375 53.38' U4 583.56'04 1 217.62,L15 I 58916'50 E 76.76 I LI9 SOOOO'00"E 117 Ay CANTON I' 0 57004'19'E 114 01' r 21 N7004'19•w 99.51' L24 S7533'58'w 91.00' gyp, L25 N7e'33'587 91.00' o L26 55429'40'w 132.06' • CURVE TABLE L28 5622T54'w 11.55' CURVE RADIU LENGTH TANGENT DELTA L29 S00'33'49"w 272.49' Cl 220.00 55.45' 27.57' 1426 2T L32 869.31 7'w 53.38' C2 80.00' 24.39' 12.29' 1727'58' L33 9e916 50•44 76.78' C3 120.00' 36.55' 18.43' 1727'58" 1.34 523TJTD8'w 326.77' N0 N..ArrE Cs 180.00' 38.14 2T 19.16' 1g'IT L35 5001,0.00'w 90.00' ll�<SS00�� C5 150.00' 50.35 30.48 1912'32' L39 N8338'04'8 217.82' . LL47 ' C6 180.00' 45.37' 22.80' 1426'27' L41 NOO'00'00'w 174.40' e C7 220.00' 184.34' 97.97' 4890'29- L42 S52'4T48� 232.21' Ce 160.00' 150.52' 80.16' 48'00'29" 1.43 952'42 47 w 124.50' "- sl C9 220.00' 73.76' 37.23' 1012'32' L44 990100'007 250.00' C10 220.00' 46.86' 23.42' 12179'11- Las N90'0090.w 150.71' L46 59013 49•9$ 45.35. L47 533'1'20"E 0.60' L4e 54324'28-w 411.54' L49 N3059'0�M 195.04' L50 NOOT)0.04 w 114.87 L51 SS14.461 1 e14T L52 55014•46'E 249.07' %; v" •�% 4I. .: r P '- \ 7 8 e 4ylo+cY,l�-1I1 _wort 1 b.al- 2635.D1 2553.99 17 *so 1 t • 8. _.-- •..4 �q IP k .,. . Attachment "B" 4 --. r 7:J.1 _,f DC,N t r t ti ANDERSOti.J7t 1Y. 4 A « � Y�I. Gt�(1 1'�1ct'1 �` ona MISDmna - wo wsVtrr6a cowTNrts I L \s`�edd••i� 4w1 DST Ya00MGl 1101D. ntOOa AZ. WOOS (6p� 63f�3�.72 u.e I '1191,1 , S '' DAUM CRT(902)754-7372- /WHAM'ILLS(002) LEGAL NO. 962 REVISED • :I.: INO.OATL r K805! ILMOO NO.0 [ IV IEV6OK 4 I�M0i 1 2 SCALE: 1• D00' 0 (D Dr OL Dr APnlomm r _nr, SHT. A OF d mg*> s N101s MALE 1• . s00' vo DC T. ALI - q a Town of Fountain Hills Memorandum DATE: January 20, 1999 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder,Community Development Director(% THROUGH: Paul L.Nordin,Town Manager SUBJECT: Diamonte Del Lago Sivage-Thomas Homes is the applicant for the 163 lot, 101.85-acre Diamonte Del Lago subdivision,located north of the Puerto Del Lago subdivision, east of the Arriba Del Lago subdivision,east of the Fort McDowell Indian Reservation, southwest of the Mirage Point and Plat 303 subdivisions and south of the Mirage Heights Condominiums. The applicant is seeking Town approvals that include: • A rezoning of the site from the "R-3 RUP", "R-4" and"R-5"Zoning Districts to the"R1-6A PUD"Zoning District. • A Cut and Full Waiver to allow for cut/fill grading over several areas of the site in excess of ten feet • A development agreement for the subdivision that would provide for modified subdivision development regulations. • A preliminary plat for the subdivision. Staff apologizes for the lateness of the issuance of the attached staff report. We were not in possession of a completed draft development agreement until yesterday afternoon. There are a few issues in the draft development agreement that require further discussion and review before a draft agreement is ready for Town Council consideration. Therefore,at the request of the Town Attorney,the development agreement item on the agenda,Item Number 14, has been removed from the agenda. Please see the staff report for a full review of the project. Staff recommends approval of all of the items related to the proposed subdivision. Town Council Staff Report Diamonte Del Lago January 19, 1999 Page 2 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 Fountain Hills General Plan 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. 3. The proposed development agreement. 3. The proposed Cut/Fill Waiver. 4. The proposed rezoning. Conformance with Fountain Hills General Plan: The Fountain Hills General Plan was amended by the Town Council for the lakeside property and the site is now designated for "Single-Family/Medium" land uses, with a density range of 2-4.5 dwelling units per acre. The density allowed in the proposed "R1-6A PUD" Zoning District is consistent with the "Single-Family/Medium" land use designation. The proposed 163-lot development on 101.85 acres has a density of 1.60 dwelling units per acre. Subdivision Design GENERAL DESCRIPTION: The subdivision is planned in three phases. At the request of the Town the developer has identified three phases for the development. The first phase is on the southern side of the development and will take access from Panorama Drive, between the Puerto Del Lago and Arriba Del Lago subdivisions. The first phase also includes the lots proposed north of the Arriba Del Lago subdivision in the wash/canyon north of the Vista Del Lago Drive terminus. Phase 2 includes the ridgeline development east of the Rancho Montana subdivision, south of the Mirage Heights Condominiums and southwest of the Plat 303 subdivision. Phase 3 of the development is the area known as the "postcard view", or the most prominent ridgeline east of the Arriba Del Lago subdivision. L Town Council Staff Report Diamonte Del Lago January 19, 1999 Page 3 The road connecting La Montana Drive with Vista Del Lago Drive is proposed to be developed to a Local road standard. Local roads have a 50-foot right-of-way and 32 feet of pavement. All of the remaining roads in the subdivision are proposed to be developed to a modified hillside local road standard. These roads will have a 40-foot right-of-way and 28 feet of pavement where normally there would be just 26 feet of pavement. The extra two feet of pavement is the minimum pavement width allowed by the Town Engineer to enable parking on one side of the street. The developer is proposing that five-foot wide sidewalks will be developed on one side of all roads in the subdivision except for small cul-de-sac road segments. Additionally, the sidewalk on the ridgeline road will be developed on the easterly and northerly side of the road, so that pedestrians and the general public can enjoy the panoramic views to the east and north of the site. All of the building pads are proposed to be mass-graded with the subdivision improvements. Several areas within the subdivision will require cut/fill waivers to facilitate the development of the subdivision. The developer will also be requesting Town Council approval of a Development Agreement to allow for several deviations to Subdivision Ordinance regulations. The development agreement will likely include,but may not be limited to,the following items: Development Agreement Please see the attached Resolution 1999-06, which would adopt the Diamonte Del Lago Development Agreement. The development agreement would do the following: 1. Waive portions of Section 305. Street Design, of The Subdivision Ordinance for the Town of Fountain Hills to permit: A. Hillside Local road cul-de-sacs to exceed the 1,500 feet maximum length and a maximum of 15 lots/units. (If Phase 3 is not developed the Phase 2 cul-de-sac will be up to 2,800 feet long and have 51 lots. The Phase 1 cul-de-sac will have an acceptable cul-de-sac length of approximately 1,400 feet but will have 41 lots.) If Phase 3 is developed the cul-de-sac issues are moot because the road would be a through road that will connect Phases 1 and 2. B. The Hillside Local Road maximum 2-way ADT (Average Daily Trips) of 300 trips. If only Phases 1 and 3 are developed, the Phase 1 cul-de-sac will generate 410 trips per day and the Phase 2 cul-de-sac will generate 510 trips per day, both of which will exceed the 300-trip maximum. Due to the non-standard 28-foot pavement width, the Town Engineer will need to determine if an adjustment in permitted maximum trips is appropriate. Town Council Staff Report Diamonte Del Lago January 19, 1999 Page 4 C. Road from Panorama to Lot 36 and road from La Montana to Lot 61. Local road required by subdivision ordinance (600-700 vpd.) Reduce right-of-way from 50' to 40' Allow 125' radius curve (<200' minimum) Allow grades to 15% (>12% maximum) Delete sidewalk on one side of street D. Road from Lot 36 to Puerto Del Lago (Via Del Sol). Hillside local road required. Increase pavement width from 26' to 28' E. Puerto Del Lago connection at Via Del Sol, emergency egress only. The developer has agreed to permit keyed access by Puerto Del Lago residents. 2. Waive portions of Section 306. Pedestrian Circulation Systems, of The Subdivision Ordinance for the Town of Fountain Hills so that sidewalks will only be required on one side of many roads. Section 306 allows the Town Council to waive any part of Section 306, but due to the significance of the request it should also be included in the Development Agreement. 3. Waive portions of Section 504 (E) Disturbance Buffers and Fencing. The developer wants the Town to alter the requirement for disturbance fencing around the proposed Hillside Protection Easements. Chain link fences will be required if any construction improvements (retaining walls, screen walls/fences, buildings, roads, etc.) are proposed within five feet of a Hillside Protection Easement. No improvements will be permitted within three feet of any Hillside Protection Easement. 4. Waive portions of Section 504 (A) Hillside Disturbance. The developer is proposing to utilize the "Gross" methodology (the method allowed by the Town Council for the Firerock Country Club development) of calculating the required amount of hillside preservation instead of the "Net" methodology. The developer also is requesting that the disturbance caused by the development of any on-site retention/detention areas be "exempted", just as road disturbance is exempted. Please review the attached development agreement for a complete understanding of all of the proposed deviations/modifications from Subdivision Ordinance regulations. The Development Agreement also includes a design review component that will be enforceable by the Town. L Town Council Staff Report Diamonte Del Lago January 19, 1999 Page 5 The hillside disturbance methodology deserves additional explanation. When the last Town Council accepted the "Gross" methodology for the Firerock County Club development, the Council was making a "liberal interpretation" of the ordinance. The Town Council made that interpretation through the use of a development agreement, which, in addition to providing the property owner significant benefits, also provided significant benefits to the Town, including the dedication of 386 acres of land in the McDowell Mountains to the Town of Fountain Hills. The Town was and is not now under any obligation to enter into a development agreement. The Town Council may also enter into a development agreement for the Diamonte Del Lago development. The subdivider is not offering, to staffs knowledge, any additional open space areas to benefit the Town. To staffs knowledge the developer is offering several things that would be of benefit to the Town: • Single-family development • One-story homes on the ridgeline • A maximum of three adjoining two-story homes in the lower portions of the subdivision • General public access to all of the sidewalks in the subdivision • Town enforcement of additional design standards included in the agreement • The development of a trail through the Hillside Protection Easement areas of the development • The dedication of all of the open space areas in the development to the Town. In the applicant's submittal considered by the Planning Commission in December, the following was presented to the Commission: Under the "Gross" methodology as proposed by the applicant and according to the applicant's engineer, the development of Phases 1 and 2 would provide the minimum hillside protection requirement in all four slope categories. The development would also have an excess of disturbable area in the 20-30% slope band of 59,238 square feet. The applicant is proposing to transfer 414 square feet of this excess to Phase 3 and has identified 55,000 square feet that could, with Town Council approval, be transferred to another development. The applicant will also have 247,404 square feet in Phases 1 and 2 and 45,744 square feet in Phase 3 of land in the 0- 10% category that is being undisturbed in the development. The applicant has made some significant changes to the preliminary plat, at the request of staff. The most notable of these changes was realigning the ridgeline road just south of the Mirage Heights Condominiums so that the lots would be on the south side of the road instead of the north side. This realignment and new lotting scheme increased the amount of hillside disturbance for the subdivision, as compared to the amounts presented on December 10, 1998. According to the applicant's engineer and under the gross methodology, Phases 1 and 2 would provide and extra 240,939 square feet of non-disturbance in the 0-10% slope category, an extra 15,689 square feet of non-disturbance in the 20-30% slope category, but 17,941 square feet excessive disturbance in the 30%+ slope category. Phase 3 would meet the "Gross" methodology and the 10-20% slope category would provide 825 square feet of excess preservation. Town Council Staff Report Diamonte Del Lago January 19, 1999 Page 6 Staff has calculated the hillside preservation amounts as well (See Attachment). According to the "Net" methodology, Phases 1 and 2 would provide and extra 185,794 square feet of non- disturbance in the 0-10% slope category, but 41,406 square feet excessive disturbance in the 10- 20% slope category and 1,878 square feet excessive disturbance in the 10-20% slope category. Phase 3 would have 40,972 square feet of excess preservation in the 0-10% slope category but 13,566 square feet of excess disturbance in the 10-20% slope category. SUBDIVISION TECHNICAL REVIEW: The Subdivision Technical Review Committee met with the applicant and its consultants to discuss the preliminary design of the subdivision on September 23, 1998. The applicant has made changes to the original subdivision design that was reviewed by the Committee. Cut/Fill Waiver The applicant has applied for a Cut/Fill Waiver for the development. In order for the development to be constructed as currently planned, the Town Council will need to approve waivers for several areas of cut/fill grading that exceed ten feet. The applicant is proposing one large fill in the valley/wash in Phase 2 of the project north of the Arriba Del Lago subdivision. Fills of at least 15 feet are proposed to fill in the wash to build the road and to pad out the lots on either side of the road. Because the fill will simply fill in the wash to either side of the bank, there will be no exposed slopes at the sides of the fill. In order to develop the ridgeline portions of the development, the applicant is proposing to cut the top of the ridgelines where development is planned, in some cases up to or exceeding 15 feet. The applicant is intending to utilize a ridgeline cut to provide for a level street and pads which will be generally only on one side of the street. The cut would allow the applicant, in most cases, to build the pads without the need for fills on the rear property lines of the proposed lots, removing the need for rear pad retaining walls or fill slopes which would be visually unappealing. Rezone The site is currently zoned within the "R-5", "R-4" and "R-3 RUP" Zoning Districts. The applicant is proposing to rezone the entire site to the "R1-6A PUD" Zoning District. The R1-6A is a single- family zoning district that would require the development of 60-foot wide lots and has a minimum lot size of 6,000 square feet. In addition, the R1-6A allows a side-entry garage to observe a 10-foot front yard setback and has a 10-foot rear yard setback. Town Council Staff Report Diamonte Del Lago January 19, 1999 Page 7 The applicant is also proposing the approval of a Planned Unit Development (PUD). The PUD is proposed to allow the subdivision to be gated, to permit private roads, and to permit many of the lots to be platted with a 48-foot lot width, instead of 60 feet. The PUD would also be utilized to document the applicant's commitment to limiting building heights on the ridgeline portions of the subdivision to one story. The following is the language from Section 2.05 Planned Unit Developments, of The Zoning Ordinance for the Town of Fountain Hills: 2.05 Planned Unit Developments. A. Purpose. The principal purpose of a Planned Unit Development (PUD) is to allow more creative and imaginative design for land developments than is possible under the more conventional zoning regulations. In this regard, flexibility to setback, lot coverage, lot size, and other development characteristics may be granted through the planned unit development process. The planned unit development provisions allow the Town to establish a specific set of parameters for the development of land and supporting infrastructure, when certain criteria are met. B. Minimum Standards. As a minimum, a planned unit development project must meet the following standards: 1. Density of Development. The density of the project and total number of lots must be able to meet the standards of the existing underlying zoning designation and land disturbance regulations, without a planned unit development. 2. Size of Development. The minimum land area for a Planned Unit Development shall be five (5) acres. C. Minimum Criteria for Consideration. In order for a Planned Unit Development application to be considered, at least one of the following criteria must be met: 1. Preservation of natural features. In addition to the hillside areas required to be set aside under the Hillside Standards of the Zoning Code and Subdivision Ordinance, land containing certain natural features of intrinsic value may be made subject to a protection easement, either a Natural Area Open Space easement (NAOS), or a Hillside Protection Easement (HPE). Town Council Staff Report Diamonte Del Lago January 19, 1999 Page 8 Natural features of intrinsic value include major washes (arroyos), stands of significant native vegetation, topographic and scenic natural features (including rock formations), provided such features are left in their undisturbed natural state. Significant native vegetation means saguaro and other native cacti, ocotillo and trees indigenous to the Sonoran Desert. Preservation of natural features will ordinarily dictate an innovative site plan, wherein the lot and street patterns are in harmony with the topography and the natural features to be preserved. Through traffic will be discouraged in order to preserve the integrity of the terrain and the privacy of the residents of the development. In order to encourage and make possible the design features described in this sub-paragraph, relief may be granted on individual lots (subject to the Limits of Exceptions in Paragraph D of this Section) as follows: reduced setbacks, reduced lot size, reduced lot width, increased lot coverage, as necessary to accomplish the above-prescribed purposes. 2. Protection of environmentally-sensitive areas. Aside from those areas warranting protection under an easement, there exist undeveloped parcels meeting the minimum standards for Size of Development (Paragraph B.2. of this Section) which contain portions that are significantly more sensitive to development than the remainder of the parcel. This may be due to a number of factors, such as: relative elevation, scenic vistas, topography, drainage patterns, soil stability, vegetation, wildlife habitat, proximity to other development or infrastructure, prior land disturbance to remainder of parcel, etc. Such situations may call for density transfers, wherein density of development in the more sensitive areas is decreased, while density of development in the less sensitive areas is correspondingly increased. In order to encourage a concentration of development in the less sensitive areas, transfer of density and clustering of homesites is permissible within a Planned Unit Development. The overall density of development must conform to the minimum standards set out in Paragraph B. of this Section. An additional requirement is that an open space be set aside (through OSR zoning or by easement) equivalent in size to the number of homesites in the receptor area multiplied by 1100 square feet. To accommodate the increased density and/or clustering of homesites, additional relief may be granted within the receptor area (subject to the Limits of Exceptions in Paragraph D of this Section) as follows: reduced setbacks, reduced lot sizes, reduced lot widths, increased lot coverage. Town Council Staff Report Diamonte Del Lago January 19, 1999 Page 9 3. Provision of usable open space. The provision of common open space which is distinguishable by its quantity or quality and which is readily accessible to the residents of the development. The minimum amount of useable open space required if this criterion is being used to fulfill the minimum requirements for a planned unit development is 2200 square feet per lot platted in the development. This provision is also over and above open space required to be set aside as a result of the Hillside Standards of the Zoning Code and Subdivision Regulations. In addition to the dedication of common open space,that space shall either provide significant interior amenities(i.e.,private recreational facilities such tennis courts,recreation centers, bike paths and trails, swimming facilities and turf areas that are readily accessible to the residents of the development) or substantial public benefit(i.e.,provision of public facilities that are both unusual in character and serve the needs of an area greater than the immediate development. The Planning and Zoning Commission, subject to appeal to the Town Council, shall be the determinant of compliance with the above-required stipulations. While the overall density of development must conform to the minimum standards set out in Paragraph B of this Section, a quid pro quo negotiation may be established to provide for mitigation of certain development standards (subject to the limits of Exceptions in Paragraph D of this Section) in order to facilitate the creation of the desired open space. These include: reduced setbacks, reduced lot sizes, reduced lot widths, increased lot coverage, as required. D. Limits of Exceptions. Although the Planned Unit Development process will allow a developer to receive alternatives to the underlying zoning district requirements,the alterations shall be limited to the following: 1. Minimum Lot Size: The smallest lot shall not be less than 80 percent of minimum lot size of base zoning district. 2. Minimum Undisturbed Areas with a slope of 15 percent or Hillside Area: greater, less lot coverage percentage. L Town Council Staff Report (ire Diamonte Del Lago January 19, 1999 Page 10 3. Minimum Setbacks: As negotiated. At no time shall a front yard be less than twenty (20) feet; the side yard distance between two (2) buildings be less than twice the minimum side yard setback requirement; and the minimum distance between the rear of two buildings be less than twice minimum rear yard setback requirements. 4. Maximum Height: Underlying zoning district limitation 5. Maximum Lot Coverage: Not to exceed 50 percent. 6. Minimum Lot Width: A flag lot shall not be less than 30 feet in width. ,, In order for the Town to approve the Planned Unit Development, at least one of the three Minimum Criteria for Consideration must be met. The first criteria, Preservation of Natural Features, states that if"natural features" are preserved in addition to areas required to be preserved by subdivision ordinance regulations, then this finding can be met. The Council's opinion on the "Net" vs. "Gross"hillside calculation methodology issue is important regarding this finding. Under the "gross" interpretation, the applicant has requested staff to point out that 240,939 square feet in Phases 1 and 2 and at least 40,972 square feet of land in Phase 3 in the 0-10% slope category that will be undisturbed. Keep in mind that much of this "preserved" area is within street rights-of-way that has been paved. Furthermore, except for the fact that the applicant has made staff and Commission-suggested changes to the plat, the development would have, under the "Gross" methodology, according to the applicant's engineer, only 3,824 square feet of hillside land, over and above that amount required by the Subdivision Ordinance, is provided. This assumes that the Council approved the transfer of the 55,000 square feet of 20-30% slope land to another development. Under the "Net" methodology, the development (as currently planned) is not consistent with and is not providing the even the minimum amount of undisturbed hillside land required by the subdivision ordinance, much less providing any additional natural feature preservation. The second criteria, Protection of environmentally-sensitive areas, states that if environmentally- sensitive areas of the site (including areas with scenic vistas such as Phase 3 of the development) that are otherwise developable are preserved, then the finding can be made. Town Council Staff Report Diamonte Del Lago January 19, 1999 Page 11 The third criteria, Provision of usable open space, requires the provision of a minimum of 2,200 square feet of common open space within the development per lot, over and above the open space required in the subdivision ordinance. 162 lots multiplied by 2,200 square feet is 356,400 square feet of land, or 8.18 acres. Amenity areas are being proposed within the development, as is the trail, but they fall well short of providing the land area required for this criteria to be met. Recommendation The project site is located in one of the Town's most visually-sensitive areas. Staff believes that the applicant is meeting three very important goals of the Town in this development. The project will be developed as single-family, unlike the existing zoning on the site, and that the single-family nature of the development, and the proposed rezoning, will implement the General Plan. Secondly, the applicant is committing to develop only single-story homes on the ridgeline portions of the development, thereby reducing the profile of the development on the ridgeline. Lastly, the applicant is proposing a public trail through the middle open space tract in the development and general public access on all of the sidewalks in the subdivision. After much consideration staff is recommending that any excess disturbable land in the development be applied to meet the first PUD criteria,Preservation of Natural Features. Staff recommends approval of Resolution 1999-06 to adopt the Diamonte Del Lago Development agreement, Ordinance 99-03 to approve the proposed rezone, the cut/fill waivers and the preliminary plat, Case Numbers S98-032, Z98-17, CFW98-01 with all of the following stipulations: 1. Prior to preliminary plat approval, the applicant shall: 2. Gain Town Council approval of the rezoning of the site to the "R1-6A PUD"Zoning District. 3. Gain Town Council approval of a Development Agreement that includes all necessary deviations from Town ordinances. 4. Gain Town Council approval of a cut/fill waiver for all cut/fill grading in excess of ten feet that are proposed with this development. 5. Prior to final plat approval the applicant shall submit and gain approval of subdivision improvement plans for the development. 6. Prior to final plat approval the applicant shall submit subdivision construction assurances cor acceptable to the Town Engineer. Town Council Staff Report Diamonte Del Lago January 19, 1999 Page 12 7. Submit a revised soils report including pavement design recommendations. 8. Provide three valves at all water main tees and four valves at all crosses. Connect an 8" water line to the end of El Pueblo in Mirage Point. 9. Provide a(20 mph) sight easement on Lot 61 near the street intersection. 10. Provide drainage easements within Lots 84-86 for detention basin areas. Provide drainage easements and public utility easements where needed for Fountain Summit. Provide storm drain easements along Panorama for the existing storm drain, where needed. 11. Submit analysis supporting the electrical gate locations assuring adequate vehicular stacking distance and circulation. Move gate 40-50' farther away from La Montana. Review alternate designs for the street bulb at La Montana. Cross slope should not exceed 4%. 12. Provide pedestrian access easements to allow general public access on all of the sidewalks and trails within the subdivision. 13. Provide public access and parking/no parking signage as specified in the Development Agreement. 14. Submit a"revised" final drainage report complying with the Town Engineer's comments and requests. A storm drain is likely to be needed on Vista Del Lago. Channel improvements or a storm drain may need to extend to the existing storm drain along Panorama Drive. 15. Delete the egress easement and pavement at the Brantley Drive alignment, unless Phase III is not constructed. If Phase III is deferred or not constructed, connect a water line to Brantley Drive. 16. Build the trail in an alignment approximating the alignment shown on the preliminary plat. Show a 10' wide trails easement along the trail alignment or dedicate all open space tracts to the Town of Fountain Hills. Connect the trail to the ridge line road (near Brantley) and continue the trail to Brantley Drive along the public utility easement. 17. Label the private streets as Parcel A. Name the streets. Label the streets as a public pedestrian access easement, and as emergency access easements. Town Council Staff Report Diamonte Del Lago January 19, 1999 Page 13 18. Label the private streets as an emergency access easement for egress from the Puerto Del Lago Subdivision. Provide gate keys or an access code to all residents of the Puerto Del Lago subdivision for the gate at the northern terminus of Via Del Sol. 19. Show a 50' wide public utility easement, trails easement, and non-building easement along the Fort McDowell boundary. 20. Label the tracts. Show 20' (minimum) drainage easements where needed to carry street runoff. 21. Provide a 5-6' wide sidewalks along the Panorama frontage connecting to the Puerto Del Lago sidewalk and outside of the subdivision as specified in the Development Agreement. 22. Construct La Montana Drive and Vista Del Lago from their existing termination points to the subdivision boundary—including curb, gutter, sidewalk, paving, and utilities. Construct a 5' sidewalk along Vista del Lago to Panorama Drive. The Town will facilitate a construction agreement in the event the Fountain Summit project is not developed in a timely manner. L DIAMONTE DEL LAGO PHASES 1 AND 2 NET METHODOLOGY (All Numbers in Square Feet) SLOPE BAND 0-10% 10-20% 20-30% 30%+ TOTAL TOTAL AREA 397,389 1,025,674 1,583,561 1,026,590 4,033,214 ROAD DISTURBANCE (EXEMPT) 61,110 111,600 122,200 31,700 326,610.0 NET RESIDUAL 336,279 914,074 1,461,361 994,890 3,706,604.0 DISTURBANCE %ALLOWED 100% 30% 20% 10% PRESERVATION AREA REQUIRED 0 639,851.8 1,169,088.80 895,401.00 2,704,341.6 DISTURBANCE AREA ALLOWED 336,279 274,222.2 292,272.2 99,489.0 1,002,262.4 PROPOSED DISTURBANCE 156,450 368,720 239,180 120,600 884,950.0 EXCESS (SHORT) 179,829 -94,498 53,092 -21,111 TRANSFER DOWN -53,092 EXCESS (-SHORT)AFTER TRANSFER 185,794 -41,406 0 -1,878 DIAMONTE DEL LAGO PHASE 3 NET METHODOLOGY (All Numbers in Square Feet) SLOPE BAND 0-10% 10-20% 20-30% 30%+ TOTAL TOTAL AREA 49,927 95,186 215,792 42,144 403,049 ROAD DISTURBANCE (EXEMPT) 4,772 16,812 31,866 3,828 57,278.0 NET RESIDUAL 45,155 78,374 183,926 38,316 345,771 DISTURBANCE %ALLOWED 100% 30% 20% 10% PRESERVATION AREA REQUIRED 0 54,861.8 147,140.80 34,484.40 236,487 DISTURBANCE AREA ALLOWED 45,155 23,512.2 36,785.2 3,831.6 109,284 PROPOSED DISTURBANCE 4,183 40,800 34,300 1,653 80,936 EXCESS (SHORT) 40,972 -17,288 2,485 2,179 TRANSFER DOWN 3,722 -1,543 -2,179 EXCESS (-SHORT) AFTER TRANSFER 40,972 -13,566 0 0 L (lai ,,, LAKESIDE HILLSIDE STUDY 1-7-99 REV 3 REVISE DISTURBED AREAS NORTH AND SOUTH AREAS SLOPE 0-10% 10-20% 20-30% >30% TOTAL EXISTING AREA GROSS 397389 1025674 1583561 1026590 4033214 R-O-W AREA 61100 111,600 122200 31700 DISTURBED AREA N&S 156450 368720 239180 120600 ALLOWABLE DISTURBANCE 100% 30% 20% 10% AREA 397389 307702 316712 102659 EXCESS 240939 -61018 77532 -17941 TRANSFER(DOWN) 61018 -61018 NET EXCESS ALLOWED 240939 0 16514 -17941 TRANSFER TO CENTER -825 NET EXCESS 240939 0 15689 -17941 kmor NOTE: LAND DISTURBANCE NUMBERS HAVE CHANGED DUE TO REVISING LOT LOCATIONS AT THE RIDGE SOUTH OF MIRAGE HEIGHTS AND ADJUSTING REAR YARD DISTURBANCE TO 15' DEPTH FROM REAR OF H USE CENTER AREA ONLY SLOPE - 0-10% 10-20% 20-30% >30% TOTAL EXISTING AREA GROSS 49927 95186 215792 42144 403049 R-O-W AREA 4772 16812 31866 3828 DISTURBED AREA CENTER 45720 40800 34300 1653 oosabn� ALLOWABLE �.a t'Q' e` ^ DISTURBANCE 100% 30% 20% 10% (6 q� 4R AREA 49927 28556 43158 4214 -- ¢ 21549 DAVID R EXCESS DISTURBANCE 4207 -12244 8858 2561 o I- -9 " �span.a,•• •. TRANSFER(DOWN) 11419 -8858 -2561 1RQnwa, e/ FROM NORTH-SOUTH 825 NET EXCESS ALLOWED 0 0 0 TOWN OF FOUNTAIN HILLS cov ORDINANCE 99-03 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, AMENDING THE OFFICIAL ZONING DISTRICTS MAP OF THE TOWN OF FOUNTAIN HILLS, ARIZONA BY DESIGNATING 101.85 ACRES OF LAND,AS GRAPHICALLY SHOWN IN ATTACHMENT"A" AND AS LEGALLY DESCRIBED IN ATTACHMENT "B", FROM THE "R-3 RUP", "R-4" AND "R-5" MULTI-FAMILY RESIDENTIAL ZONING DISTRICTS TO THE "R1-6A PUD", SINGLE- FAMILY RESIDENTIAL PLANNED UNIT DEVELOPMENT 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, PROCEDURES. Section 2.01, Amendments or Zone Changes. establishes the authority and procedures for amending the zoning district boundaries; and, WHEREAS, Chapter 3, ESTABLISHMENT OF ZONING DISTRICTS AND BOUNDARIES THEREOF, Section 3.02 Boundary Lines on the Zoning District Maps establishes the "Official Zoning District Maps"; and, WHEREAS, Public hearings were advertised in the October 28, 1998, November 4, 1998, November 11, 1998 and in the January 20, 1999 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 November 12, 1998 and by the Mayor and Common Council on January 21, 1999. L✓ Ordinance 99-03 Page 1 of 2 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Section 1. The "Official Zoning District Maps" shall be amended to change the Zoning District Designation of 101.85 acres of land, which is graphically depicted in Attachment "A" and legally described in Attachment "B", from the "R-3 RUP", "R-4" and "R-5" Multi-Family Residential Zoning Districts to the "R1-6A PUD", Single-Family Residential Planned Unit Development Zoning District. Section 2. The Planned Unit Development shall allow for the following amended development regulations in the Diamonte Del Lago subdivision: 1. Except for Vista Del Lago, the subdivision will be gated and utilize private roads. 2. The minimum lot width for Lots 201 through 247 in the Diamonte Del Lago subdivision is reduced from sixty (60) feet to forty-eight (48) feet. 3. The maximum building height for Lots 1 through 113 in the Diamonte Del Lago subdivision shall be reduced from thirty (30) feet to sixteen (16)feet. PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 21st day of January, 1999. L., FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Sharon Morgan, Mayor Cassie B. Hansen, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Paul L. Nordin, Town Manager William E. Farrell, Town Attorney Ordinance 99-03 Page 2 ................................................•...•;.. .........................................................• ........................................................• PROPOSED R1-6A P.U.D. ZONING ""••"•••"•""•••"••"" ............................ ............................. .......................................................... F . pdir R di 10 :a..l..l)......4a.A ilr.li ks(iollGtwiDE. 18\17 id 15-;------ W11.4,28 :14297/3 '"il ARD 39 46 51) 4r10 q IIA34 " d 9 10 651:firpielp.a...71211 ! 11;11 _v, . _,,,• 4:11Ir& ii,i, *I .1' PEAKS IP:110 "II CONDOS N 6 `6.4f a r V cr. 1P0111,1111°1 FOU' PTAKS VIII 1• -1 CONDOS V • ......._ 1311 0'R P . 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I . 0-4-7_ . •(77 ri . . °PP . ir 4 1 i 8L 4 i 1 • ___I . . .1 -1 P • 1 — . t4 2.* —- A . ! . _ .. . . .... 100x la' ,i . croi..or• — -,')( 5". • ' - Urii, crCi.45- ‘61.,1, Concept Plan I \VLif ' 1 Sivage Thomas Homes .4 .- I . tErBroctZa Imp Buster • - Town of Fountain Hills Memorandum DATE: January 15, 1999 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder, Community Development Directo THROUGH: Paul L. Nordin, Town Manager SUBJECT: The preliminary plat for the Hilltop at Sunridge Canyon subdivision, Case Number S98-043 Sunridge Canyon LLC has requested approval of this preliminary plat for a 3 lot single-family subdivision on the land that is now used for the SunRidge Canyon sales center. The subdivision is located at the northern corner of Palisades Boulevard and Sunridge Drive. On January 14, 1999 the Planning and Zoning Commission recommended Town Council approval of this preliminary plat by a vote of 7-0. Staff also recommends Town Council approval of this preliminary plat, Case Number S98-043. L L TOWN OF FOUNTAIN HILLS STAFF REPORT JANUARY 15, 1999 CASE NO.: S98-043 LOCATION: Northwest corner of Palisades Boulevard and Sunridge Drive. REQUEST: Consideration of the Preliminary Plat for the Hilltop at Sunridge Canyon subdivision. DESCRIPTION: OWNER: Sunridge Canyon L.L.C. APPLICANT: Sunridge Canyon L.L.C. EXISTING ZONING: "R1-6" PARCEL SIZE: 6.439 Acres PROPOSED NUMBER OF LOTS: 3 Lots and 3 tracts SURROUNDING LAND USES AND ZONING: NORTH: Undeveloped land and the Sunridge Canyon Golf Course zoned "OSR." L. SOUTH: The developing Copperwynd multi-family development, zoned "R-5 PUD." EAST: Developed and undeveloped single-family zoned lots within Plat 606 Amended and 603-A Amended subdivisions, zoned "R1-18" and "R1-8", respectively. WEST: The developing Copperwynd multi-family development, zoned "R-5 PUD." SUMMARY: This request by Sunridge Canyon L.L.C. is for approval of the Ridgeview at Sunridge Canyon Preliminary Plat. The project is proposed on a 6.439 acre parcel of land located on the northwest corner of Palisades Boulevard and Sunridge Drive. This land is outside of the Sunridge Canyon development area. The following staff report will review several aspects of the project, including the subdivision's design and its conformance with the Subdivision Ordinance and the Zoning Ordinance. Subdivision Design GENERAL DESCRIPTION: Portions of the site have been previously disturbed. The sales/information center for the SunRidge Canyon development is currently located on Lot 2 of the proposed subdivision. Furthermore, the Le western side of Lot 3, where it abuts Sunridge Drive, was disturbed in order to develop Sunridge Staff Report Ridgeview at Sunridge Canyon: S98-043 January 15, 1999 Page 2 Drive. There are no new roads proposed for this subdivision. All three lots will take access from a joint-use driveway on Sunridge Drive. The applicant has provided the Town with a slope analysis map for the subdivision. The applicant has proposed to plat Hillside Protection Easements, using the "Net" methodology, that include the quantity and quality of preserved slopes as required in Article V of The Subdivision Ordinance for the Town of Fountain Hills. Recommendation Staff recommends Town Council approval of the preliminary plat for the Hilltop at Sunridge Canyon Subdivision, Case Number S98-043, with the following stipulations: 1. Submit a landscape plan with the improvement plans according to Article VI of The Subdivision Ordinance for the Town of Fountain Hills. 2. The typical driveway section should be 6" minimum concrete on 4" ABC. 3. Insert Note: Paint all existing aboveground utility boxes and coordinated color(s). 4. Comply with the Town Engineer's technical comments on the Final Plat/Improvement Plans. 5. Prior to final plat recordation, provide subdivision construction assurances to the satisfaction of the Town Engineer. L -- ' 3= s a -.. z 1 W � ~ O ZZ ` ♦ : i: 1 tZ Y 1 gi ga -s 0.1 4 J= c a o ` t`. §X Iv giXY VIXbglip�keg 1 IkX $ c EI i, is:i... =z5Vy0< /I bR1' X11X14' YS X< Y In 4r 01 cs a!!11 S b 6 a.•r !'y rrlrrri- N P _-<=Le, 5X$ a -w8gX aqR yf gfi3Xi< ii4k.4g ag $a ^;"i.sE.0 ,; y Cyan Y„ 6: b ..� �.L'+if�' QLL 8110 c&c th �: r.i nVbil X;i.11%!°11 pi°1I1g{-11Xlbl6lbE ax ec J..; ." —ILL o F i € z b� .s>�X8 XS � Y< 6 �X ,- r � v ; "s <€'aR�i R$I a- W-f a< ' a aR a F c < : s a a IXaX 4 i.bl le 1 12 b f-a.l"g.II 1: L.6111irrrr u-N, ' a �, Zz z "q r t; f1'i11ii1IL _.< ,,,,,,,i,, •, ••• •i(fil hi' .i*: _ittz, -Wn W <a. z • lig g. E Rs 4 U \z Sm # .. } { ' 1 J i i ,y + f / �� yy \ . 1 } 5;: { ; ;`-. -\ t- ram.^ f- ..fli.3 3. '. ."}` i! 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's' 'S,'i,' ss s ,. - ,k . `', • -----: .., /le (---,...3 .40\i,, ) i.;,:....,,.:if i • .,:-•-1 It i;--) ..--„..- 4t,,,--;4\,-... „s,' ,...._—:::,- ..,..vv,,z_...,,,-...„,.-..:_. ...:.1., , fi .., „tt, ...*...._. , s),.,„_., ,,,,-1..,-,..4., , : ....„, 7.....„...;--4._ 4. r ) ,4,,,,or.„.),..:,,,..: :.! 7,.,:i.,..-2,_. , Zg - - . i � w �� G 1 7� �t 0 .jam Ow II 4 112 UtirriffillV / Siktik :r.: i rrf ,. /'t—--/..-.,...;!,.,. Y .:: Ada A .ii'v,„&9404# ....Iiiiii :,..., i !1 7.vs., ordsir Ilr_.,...7..1=.;:717, • ', ' — 1.5! I U f hh t t`.: •. /,�5 , 1•,Uifi � / tf. ,j t , ry r.;y o \:,0 ii fff?d ,rt f .: y i:�' 000:1r +`"Q ve,§ 'V 3 rt :, ., ri • i J,f. J r+s y d..., 4/.-ft ! '..q.. �i4,}'��1�! �. i '7.t I = f 11 iiii • y`. .' R; ! ' ' 1-M` t-^0.. .• i, �.�, r:1 7 / i ) f f f% ,1, i ;ZE L. {' �Y ff YfY/�� , f "d( . , ,, • , r fIJ •. 'IJ `,//j„/�f%t;l TOWN OF FOUNTAIN HILLS likar MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Geir Sverdrup, Senior Plan , C: DATE: January 15, 1999 SUBJECT: SU98-06; Special Use Permit to permit sales and dispensing of alcoholic beverages in the "C-C" Zoning District. This request for special use is by Albert Poma and Dale Zingg. The applicants are requesting a Special Use Permit to sales and dispensing of alcoholic beverages in the "C- C" Zoning District located at 17149 E Amhurst Drive AKA Plat 202, Block 1, Lots 8 & 9. On January 14, 1999 the Planning and Zoning Commission recommended approval of the request. Please see the attached Planning and Zoning Commission report for details. L TOWN OF FOUNTAIN HILLS PLANNING AND ZONING COMMISSION REPORT January 21, 1999 Case No: SU98-06 Location: Located in Plat 202, Block 1, lots 8 &9, AKA 17149 E. Amhurst Drive Request: Consider a Special Use Permit, which would permit the sales and dispensing of alcoholic beverages for a proposed restaurant in the C-C Zoning District. Description: Applicant: Albert Poma and Dale Zingg Owner: Albert Poma and Dale Zingg Existing Zoning: "C-C" Existing Conditions Vacant Surrounding Land Uses and Zoning: North: Day Care Center, zoned "C_C"; South: Commercial Building, zoned "C-C". East: Vacant, zoned"C-C". West: Multi-family, zoned "R-3". Summary: This request is for approval of a Special Use, which would permit the sales and dispensing of alcoholic beverages for a proposed restaurant in the C-C Zoning District. The following is Section 2.02 regarding Special Use Permits and Section 12.04 of the Town of Fountain Hills Zoning Ordinance, which states the Town's regulations regarding alcoholic sales and dispensing. Code Requirements: CHAPTER 2 PROCEDURES 2.02 Special Use Permits. A. Purpose. Every zoning district contains certain buildings, structures and uses of land which are normal and complementary to permitted uses in the district, but which, by reason of their typical physical or operational characteristics, influence on the traffic function of adjoining streets, or similar conditions, are often incompatible with adjacent activities and uses. It is the intent of this ordinance to permit special uses in appropriate zoning districts, but only in specific locations within such districts that can be designed and developed in a manner which assures maximum compatibility with adjoining uses. It is the purpose of this section to establish principles and procedures essential to proper guidance and control of such uses. �r B. General Regulations. 1. Zoning district regulations established elsewhere in this ordinance specify that certain buildings, structures and uses of land may be allowed by the Town Council as conditional uses in a given district subject to the provisions of this section and to requirements set forth in district regulations. The Town Council is empowered to grant and to deny applications for use permits and to impose reasonable conditions upon them. 2. Any building, structure or use existing on the effective date of this ordinance which is reclassified as a special use by this ordinance for the district in which it is located shall be considered as meeting the conditions which would otherwise be imposed upon such use by this ordinance, and its continuance shall not be subject to issuance of a special use permit; provided, however, to the extent that such use fails to conform to the requirements of this ordinance, it shall be considered nonconforming as described in section 4.01, and its continuance shall be governed by all nonconfoiitiing use regulations applicable thereto. 3. Every special use permit issued shall be applicable only to the specific use and to the specific property for which it is issued. Upon completion and final inspection by the Zoning Administrator of any authorized structures, signifying that all zoning and site development requirements imposed in connection with the permit have been satisfied, the special use permit shall thereafter be transferable and shall run with the land, whereupon the maintenance of special conditions imposed by the permit, as well as the compliance with other provisions of this ordinance, shall become the responsibility of the property owner. C. Special Use Permit Application. Application for a use permit shall be filed with the Community Development Department on a form prescribed by the Community Development Director. The application shall be forwarded to the Planning and Zoning Commission by the Zoning Administrator, and when required by the Zoning Administrator, shall be accompanied by a detailed site plan prepared in accordance with Section 2.04 showing all information necessary to demonstrate that the proposed use will comply with all special conditions as well as other regulations and requirements of this ordinance. An applicant shall furnish the Commission with any additional information it may consider relevant to investigation of the case. D. Commission Action and Findings. 1. It is the express intent of this ordinance that any use for which a special use Lpermit is required shall be permitted in the particular zoning district, provided that all special conditions and requirements of this ordinance are met. Therefore, the action of the Commission shall be one of recommending approval or denial to the Town Council based upon its judgment as to whether the specified conditions have been or will be met. ,g The Commission shall consider not only the nature of the use and the special �r conditions influencing its location in the particular district, but also the proposed location of buildings, parking and other facilities within the site, the amount of traffic likely to be generated and how it will be accommodated, and the influence that such factors are likely to exert on adjoining properties. The Commission may make such suggestions to the Town Council concerning ways a proposed project may be acceptable and compatible to the area. 2. Notice of the nature of the special use permit application and the date of the meeting at which it will be considered shall be posted on the property and shall be mailed to the owners of all real property within three hundred (300) feet of the external boundaries of the property for which application is made. The applicant shall be responsible for providing the names and addresses of these owners. *1 3. The Commission shall consider the application at the first regular meeting after the proper advertising procedures and period have been completed. The Commission, at this regularly scheduled meeting, shall either (1) make a recommendation to the Town Council, or continue the matter to a specified date (but not longer than sixty (60) days from the date of the original hearing). Within sixty (60) days after the date of the original hearing, the Commission shall render its decision in the form of a written recommendation to the Council. The recommendation shall include the rationale for the recommendation. However, if the Commission is not able to make a recommendation to the Council at the continued meeting and the applicant does not consent to a further continuance, the matter shall be automatically forwarded to the Council with a recommendation for denial 4. It shall be the responsibility of the applicant to maintain the posting. The notice shall set forth the time and place of the hearing and include a general explanation of the matter to be considered and a general description of the area affected. 5. In order to recommend approval of any use permit, the findings of the Commission must be that the establishment, maintenance, or operation of the use or building applied for will not be detrimental to the public health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, nor shall it be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the town. 6. The Commission may recommend to the Town Council such conditions in connection with the use permit as it deems appropriate to secure the intent and purposes of this ordinance and may recommend such guarantees and evidence that such conditions are being or will be followed. 7. If the Commission finds that the application and supporting data do not indicate that all applicable conditions and requirements of this ordinance will be met, it may recommend denial of the special use permit. The Commission recommendation shall be mailed to the applicant at the address shown on the application. 8. Upon conclusion of the Commission's hearing, the Commission's recommendation shall be forwarded to the Town Council along with the application materials, staff report, written comments from the public, and minutes of the hearing. E. Council Action and Findings. 1. When the Town Council receives a recommendation from the Planning and Zoning Commission concerning a Special Use Permit application, it shall hear the request at the scheduled date and time specified in accordance to the Arizona Open Meeting Law, but no later than the next regularly scheduled meeting held at least eight (8) days after the Commission recommendation is received. The Council may adopt the Commission's recommendation, approve the Special Use Permit request with the conditions it deems appropriate, or deny the Special Use Permit. 2. The Council's decision shall be final and shall become effective immediately. Notice of the decision shall forthwith be mailed to the applicant at the address shown in the application. *3 F. Time Limits. 1. The Council may establish a time limitation for special use permits. A building permit for the construction of any improvements allowed by any special use permit issued by the Town Council shall be secured within six (6) months from the date of approval. Any lapsing of the building permit prior to completion of the improvements will cause the Special Use Permit to become null and void. Prior to the termination of this time limit, the applicant may make a written request to the Town Council and the Council may reconsider said use permit to determine if the permit should be reissued for an additional time period or be terminated. There shall be no use permit fee for this extension request. 2. No person shall reapply for the same or substantially the same use permit on the same or substantially the same plot, lot, or parcel of land within a period of one (1)year from the date of denial of said use permit. G. Revocation. 1. Special use permits granted in accordance with the provisions of this 1116., ordinance may be revoked by the Town Council, if any of the conditions or terms of the permit are violated or if any law or ordinance is violated in connection therewith. The Zoning Administrator shall notify the permittee of a violation of a special use permit, in writing. If the violation is not remedied or the remedy is not substantially begun in the opinion of the Zoning Administrator within ten (10) days after notification, the �r owner/tenant should be notified that the Town Council will consider revocation of the permit at its next meeting. 2. Any special use permit issued by the Town Council shall be considered null and void if construction does not conform to the originally approved site plan. Any requests for deviations from the originally approved site plan shall be processed as a new use permit. H. Fee. The application for a special use permit shall be accompanied by a filing fee in an amount established by a schedule adopted by resolution of the Council and filed in the office of the Town Clerk. No part of the filing fee shall be refundable. Payment of the filing fee shall be waived when the petitioner is the town, county, school district, state or federal government. CHAPTER 12 Commercial Zoning District 12.04 Uses Subject to Special Use Permits in C-C and C-1 Zoning Districts Only: A. Alcoholic beverages, sales and dispensing. B. Drive-in window facilities. C. Operation of commercial or professional activities between eleven p.m. and seven a.m. D. Outdoor seating area E. Private schools for vocational education. F. Retail gasoline sales, subject to compliance with applicable fire and safety codes. (Limited to four dispensing units serving a maximum of eight cars simultaneously). Evaluation: The owners of the property have requested this special use to permit the sales and dispensing of alcoholic beverages at their proposed restaurant. Sales and dispensing of alcoholic beverages in C- C zoning is only permitted by special use permit. The applicants are not proposing the sale of packaged alcohol and staff recommends that it be stipulation that the special use be specifically limited to the restaurant. Staff has not received any letters of opposition. Planning and Zoning Commission: The Commission heard this application at the January 14, 1999 Commission meeting. There where no comments or concerns from the public or Commission. The Commission unanimously recommended approval of the Special Use. Recommendation: The Planning and Zoning Commission recommends approval of SU98-06, Special Use Permit to permit the sales and dispensing of alcoholic beverages for a proposed restaurant in the C-C Zoning District subject to the stipulation that the special use applies specifically to a restaurant facility with no sales of packaged alcohol. L L 4cidtr, 1kt TOWN OF FOUNTAIN HILLS v 1:---:.'- COMMUNITY DEVELOPMENT DEPARTMENT mra Date Filed . Fee Paid ((So 1211_0 Accepted By I -) l(P (4 ?� (- c , Type of Special Use Requested Liquor license Address of Subject Property Zoning 17149 E. Amhurst C —C__ Legal Description: Plat Block Lot(s) 202 1 8 & 9 Applicant Day Phone Albert Poma and D. E. Zingg Address City ST Zip 11219 N. Woodpecker Bay Ftn. Hills AZ 85268 Owner Day Phone Same 837-2222 Address City ST Zip Signature of Owner I HERBY AUTHORIZE/ (Please Print) Date `,7 rat `9 0=� . 12/10/98 NOY( ;( ��ti ��-✓✓y TO FILE THIS WPPLICATION. Subscribe sworn before me this 1_ �F ICI _ d-- /a2`!�' , 195 2 r11- 4 t. 1 . Bj � n xpires Notary Publ' (` ' N �`8ROfkl t4 '• MARICOPACOUNTYo My Comm.ExpkesFeb.24,^" (Seal) Please Provide the Following(attach additional sheets): 1. Mailing labels with names and addresses of all property owners within 300 feet of the external boundaries of the subject property. 2. 3 full size prints (preferably 24"X36") of the site plan showing minimum zoning requirements and the proposed development if the Special Use Permit is granted, as well as the exterior elevations. 3. 1 8.5"X 11" photostatic reduction of each of the above referenced exhibits. 4. Describe the proposed use, the operations of the use, and the facilities proposed for the land use. 5. A narrative describing any adverse impact the proposed land use may have on the surrounding properties and on the neighborhood and what steps will be taken to avoid these adverse impacts. TFH Case Number Fee Schedule Attached / E _0 December 15, 1998 Geir Svedrup Community Development Department Town of Fountain Hills 16836 East Palisades Fountain Hills, AZ 85268 Dear Geir: The attached Special Use Permit Application is being submitted to request permission for a liquor license to be issued for a new restaurant to be built at 17149 E. Amhurst. Pursuant to items 1 through 5 requested on the application, find said information below: 1. Mailing labels are attached. it 2. Prints have been submitted. 3. Photostatic reductions have been submitted. 4. A full service restaurant will be operated at this address. 5. It is not anticipated that any negativity will impact the surrounding properties as this establishment will primarily offer a dining facility. In addition to the application, a check in the amount of $470.00 is attached. Of this amount $45.00 is allotted for nine mailing labels, $25.00 for signage and $400.00 for the permit fee. Sincerely, 14/ r Albert Poma Attachments ' 11 z 3 194,4,.. 3 4 9 • 1041p s Arited =emsti> . �106 �\ 9 fe& #8 44Ir ►•... 4. SIT111, 7 8 9 10 9 6 4 per_ t,,,T�,y 10 6Q p• s 27 26 `�C B9 # 9 a COMMUN ' 1 41 r.,7#4. 16 ,� ill CENTER �► 63 ill 8 , 4 264pavilv% 1174 64 vi,o, ,4P4,-,:vk %...a‘t41 ;A. * 0,1, a 1 - 420 19 18 �� ' o"1'Q SUBJECT PROPERTYrat' n * Via j 147 © 8 J / li Wit Aso Nit, 49 / ..$ 1111 • --"""'„ .Q�? 4 a; 20 s �` �i r - J� I', , e,, • . .+1 ' 8 aN►► "� l • r' 13 12 11 10 3<�i. 'i' y BOULEVARD . .. { .. i = •+ to . s Town of Fountain Hills Memorandum DATE: January 15, 1999 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder, Community Development Director THROUGH: Paul L. Nordin,Town Manager SUBJECT: Consideration of Ordinance 99-04, an amendment to Chapter 7 of The Zoning Ordinance for the Town of Fountain Hills that would add a guest parking requirement for multi- family developments and would require that parking space calculations to be rounded up, Case Number Z98-21. On December 10, 1998 the Planning and Zoning Commission initiated an amendment to the Zoning Ordinance that would require the provision of guest parking for multi-family developments and to require that parking space calculations be rounded up. Commissioner Downes, who originally sponsored this amendment, believes that multi-family developments of three units or more should have additional parking spaces that can be utilized by guests. The Town currently does not have any requirement that developers provide guest parking spaces in multi- family developments, although developers often voluntarily do so. At the request of staff the Commission also included a change to the method by which fractions are rounded, so that fractional amounts of required parking spaces would be rounded upward to the next whole parking space. As applied, this change would require a three-unit multi-family development to provide one guest parking space, whereas the existing fractional regulation would not. On January 14, 1999 the Planning and Zoning Commission voted 7-0 to recommend Town Council approval of Ordinance 99-04. Staff also recommends Town Council approval of Ordinance 99-04. The following is the proposed amendment to Section 7.04, Schedule of Required Off-Street Spaces. New text is double-underlined and text proposed to be deleted is shown as crossed out. 7.04 Schedule of Required Off-Street Spaces. A. Off-Street Parking Spaces. Shall be provided for each specified use in accordance with the schedule below. B. Definitions. In calculating the total number of required parking spaces, "usable area" as used herein shall mean the area capable of being devoted to the specified use (does not include such spaces as kitchens, rostrums, hallways, etc), and the term "seat" shall also include each thirty(30)inches of bench seating when individual seats are not provided. Town Council Memorandum Guest Parking,Case Number Z98-21 January 15, 1999 Page 2 of 2 C. Mixed Use Developments. In the event of mixed use developments, the total requirement for off-street parking spaces is the sum of the requirements of the various uses computed separately. D. Fractional Amount. In calculating the total number of required off-street parking spaces, fractional amounts are to be disregarded shall be rounded upward to the next whole parking space. E. Unlisted Uses. Minimum parking requirements for a specific use not listed in this Section shall be determined by the Community Development Director with appeal to the Planning and Zoning Commission. F. Parking in Areas Zoned "Commercial Common". Uses located on lots less than 20,000 square feet in areas with a zoning designation of "Commercial Common" are not required to meet the minimum parking schedule herein listed. The off-street parking provided in the common parking areas shall be deemed sufficient to meet the off-street parking demands for the uses on the lots under 20,000 square feet. Uses on lots 20,000 square feet or more in size, that are located in an area zoned "Commercial Common", shall meet at least the minimum off-street parking demand on the lot where the use is located, in accordance with the schedule herein provided in this ordinance. G. Schedule. LI. Residential Use: a. One-or two-family residence: 2 per dwelling unit b. Multiple dwellings: Efficiency units 1' per dwelling unit One-bedroom units 11/2 per dwelling unit Two or more bedroom units 2 per dwelling unit Multiple dwellings shall also provide guest parking at a rate of.25 parking spaces per dwelling unit. c. Rooming houses,fraternities, 1 per sleeping room or sororities,resident clubs, 1 per bed, whichever lodges is greater L TOWN OF FOUNTAIN HILLS ORDINANCE #99-04 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING AMENDMENTS TO CHAPTER 7 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY AMENDING SECTION 7.04 TO REQUIRE GUEST PARKING FOR MULTIPLE DWELLINGS AND TO AMEND FRACTIONAL PARKING SPACE ROUNDING TO ROUND UP, PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS. 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, as Chapter 17 of The Code of 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 recognizes that a modest amount of guest parking in (1.00 multi-family developments results in better planned, less congested developments, 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 rewritten the text of Chapter 7 of The Zoning Ordinance of the Town of Fountain Hills and published these proposed text changes in the official newspaper of general circulation, The Times of Fountain Hills and Rio Verde, on December 30, 1998, January 6, 1999, January 13, 1999 and on January 20, 1999, and; WHEREAS, Public hearings were advertised in the December 30, 1998, January 6, 1999,January 13, 1999 and in the January 20, 1999 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 January 14, 1999 and by the Fountain Hills Town Council on January 21, 1999. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA AS FOLLOWS: L ORDINANCE 99-04 ASS/ AIL I _ 1 — 5 5 PAGE 1OF3 MOTION /4u.+c.htSf) \ SECOND Porn �-- COUNT Section 1. Pursuant to Chapter 2, Section 2.01 of The Zoning Ordinance for the Town of Fountain Hills, Section 7.04 of The Zoning Ordinance for the Town of Fountain L Hills shall be amended as follows: (New text is shown as double-underlined and text to be deleted is shown as er-essezl-eut.) CHAPTER 7 PARKING AND LOADING REQUIREMENTS 7.04 Schedule of Required Off-Street Spaces. A. Off-Street Parking Spaces. Shall be provided for each specified use in accordance with the schedule below. B. Definitions. In calculating the total number of required parking spaces, "usable area" as used herein shall mean the area capable of being devoted to the specified use (does not include such spaces as kitchens, rostrums, hallways, etc), and the term "seat" shall also include each thirty (30) inches of bench seating when individual seats are not provided. C. Mixed Use Developments. In the event of mixed use developments, the total requirement for off-street parking spaces is the sum of the requirements of the various uses computed separately. D. Fractional Amount. In calculating the total number of required off-street parking spaces, fractional amounts arc to be disregarded shall be rounded upward to the next whole parking L space. E. Unlisted Uses. Minimum parking requirements for a specific use not listed in this Section shall be determined by the Community Development Director with appeal to the Planning and Zoning Commission. F. Parking in Areas Zoned "Commercial Common". Uses located on lots less than 20,000 square feet in areas with a zoning designation of "Commercial Common" are not required to meet the minimum parking schedule herein listed. The off-street parking provided in the common parking areas shall be deemed sufficient to meet the off-street parking demands for the uses on the lots under 20,000 square feet. Uses on lots 20,000 square feet or more in size, that are located in an area zoned "Commercial Common", shall meet at least the minimum off-street parking demand on the lot where the use is located, in accordance with the schedule herein provided in this ordinance. G. Schedule. 1. Residential Use: a. One-or two-family residence: 2 per dwelling unit b. Multiple dwellings: Efficiency units 11/2 per dwelling unit ORDINANCE 99-04 PAGE 2 OF 3 One-bedroom units 11 per dwelling unit Two or more bedroom units 2 per dwelling unit Multiple dwellings shall also provide guest parking at a rate of.25 parking spaces per dwelling unit. c. Rooming houses,fraternities, 1 per sleeping room or sororities,resident clubs, 1 per bed, whichever lodges is greater PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona,this 21st day of January, 1999. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: ALA4.4—, fat �J2UJ/1.-�y✓ Sharon Morgan, M yor Cassie B. Hansen,Town Clerk REV D BY: APPROVED AS TO FORM: Paul L. ordin, Town Manager William E. Farrell, To n Attorney L ORDINANCE 99-04 PAGE 3 OF 3 Town of Fountain Hills (1100 Memorandum DATE: January 15, 1999 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder, Community Development Director‹...VA-) THROUGH: Paul L. Nordin,Town Manager SUBJECT: The Sunridge Canyon Parcel "F" Rezone, Ordinanc9-05, and Case Number Z98-16 Sunridge Canyon LLC has requested approval of this rezone which would rezone 9.7 acres of land, located north of Desert Canyon Drive and east of Sunridge Drive from the"R1-10A" to the "OSR" Zoning District. This land had originally been intended for development. However, due to the fact that the hillside disturbance for the Sunridge Canyon development has already been maximized, and because of past commitments by the developer regarding the approval of the Parcel "J" subdivision, the applicant is requesting that this area be rezoned to "OSR." On January 14, 1999 the Planning and Zoning Commission recommended Town Council (1400 approval of this rezone by a vote of 7-0. Staff also recommends Town Council approval of Ordinance of Ordinance 99-05. TOWN OF FOUNTAIN HILLS STAFF REPORT JANUARY 15, 1999 CASE NO.: Z98-16 LOCATION: Parcel "F" of the Sunridge Canyon Development, located east of Sunridge Drive and north of Desert Canyon Drive. REQUEST: Consideration of a rezone for the Sunridge Canyon Parcel "F". DESCRIPTION: OWNER: Sunridge Canyon L.L.C. APPLICANT: Sunridge Canyon L.L.C. EXISTING ZONING: "R1-10A" PROPOSED ZONING: "OSR" PARCEL SIZE: 9.7 Acres SURROUNDING LAND USES AND ZONING: NORTH: The Sunridge Canyon Golf Course and the Sunridge Canyon Parcel "I" and subdivision, zoned "OSR" and "R1-10A". kar SOUTH: The Sunridge Canyon Golf Course and the Sunridge Canyon Parcel "N- West (1) subdivision, zoned "OSR" and "R1-10A". EAST: The Sunridge Canyon Parcel "D-North" subdivision, zoned "R1-6A". WEST: Open Space to be owned by the Town of Fountain Hills, zoned "OSR". SUMMARY: This request by Sunridge Canyon L.L.C. is for approval of a rezone for the "R1-l0A" zoned portions of Sunridge Canyon Parcel "F" from the "R1-10A" to the "OSR" Zoning District. The Parcel "F" area had originally been intended for development. The developer chose to more extensively develop other areas within the development in lieu of developing Parcel "F". To conclude the developer's commitment to leave the Parcel "F" areas as undeveloped,the developer agreed to rezone this land to the "OSR" Zoning District at the end of development activities in Sunridge Canyon. Recommendation Staff recommends Town Council approval of Ordinance 99-05, Case Number Z98-16. L TOWN OF FOUNTAIN HILLS ORDINANCE 99-05 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, AMENDING THE OFFICIAL ZONING DISTRICTS MAP OF THE TOWN OF FOUNTAIN HILLS, ARIZONA BY DESIGNATING 9.7 ACRES OF LAND, AS GRAPHICALLY SHOWN IN ATTACHMENT"A" AND AS LEGALLY DESCRIBED IN ATTACHMENT "B", FROM THE "R1-10A" SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT TO THE "OSR", OPEN SPACE RECREATIONAL ZONING DISTRICT, SO THAT ALL OF THE UNLOTTED AREAS WITHIN PARCEL "F" OF THE FINAL PLAT OF THE SUNRIDGE CANYON ARE LOCATED WITHIN THE "OSR", OPEN SPACE RECREATIONAL 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, PROCEDURES. Section 2.01, Amendments or Zone Changes. establishes the authority and procedures for amending the zoning district boundaries; and, WHEREAS, Chapter 3, ESTABLISHMENT OF ZONING DISTRICTS AND BOUNDARIES THEREOF, Section 3.02 Boundary Lines on the Zoning District Maps establishes the "Official Zoning District Maps"; and, WHEREAS, Public hearings were advertised in the December 30, 1998, January 6, 1999, January 13, 1999 and the January 20, 1999 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 January 14, 1999 and by the Mayor and Common Council on January 21, 1999. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Ordinance 99-05 Page 1 of 2 Section 1. The "Official Zoning District Maps" shall be amended to change the Zoning District Designation of 9.7 acres of land, which is graphically depicted in Attachment "A" and legally described in Attachment "B", from the "R1-10A" Single-Family Residential Zoning District the "OSR", Open Space Recreational Zoning District, so that all of the unlotted areas within Parcel "F" of the Final Plat for the Sunridge Canyon are located in the "OSR", Open Space Recreational Zoning District. PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 21st day of January, 1999. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: rAj14.A4—. Sharon Morgan, Mayor Cassie B. Hansen, Town Clerk REVIEWED BY: APPROVED AS TO FORM: r Paul . Nordin, Town Manager William E. 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'''''''''':.'2 ;',I4.4i;'' ! ' / .: . . . . ,, .. ..., , . _. .., ,• . • . •,.., ,,, . ... ,• . ,. / . . , .. . ,. ...•... „ ... ,.... . ..... „.. ... ...: .... ,. ., .... ... -. ,.:=-:. . , . . ' . . , ,.. ..,, . . • .• i . .• i . .. , , ,• •••• :..... .... • . . I " : ' ....:. f. / ....- __iiiiv_v___ __-, i..._._ _.________ _-, _.... .. i , , , ,..1 . . / ,-.,',-,4' '.V..:'.- '", . „i• • ' '' ':- ; ' ' :. : ; : • - . .'""."...' .. „?' if I•• ''‘.. ' . '.,,'„- -'. ' 1 . ; ," Attachment "A" . "' • ••, •'.; i'S'4?,.' I''':,/-:' ' , ,:'..• i '••• ' ;',/ ,,; :••••• --1 -':,' " •,,," I . ,-. JAN-11-1999 14:00 JMI ASSOC 945 4229 P.ae - . -....._ - • Novemb r 15, 1994 tiro ZONING LEGAL DESCRIPTION SUNRIDGE CANYON PARCEL F • That part of Sections 8 and 9, Township 3 North, Range 6 East, of the Gila and Salt giver Base and Meridian, Maricopa County, Arizona, more particularly described as follows: Commencing at the Southeast Corner of said Section 9; Thence South 89°48'38" West, along the South line of the Southeast Quarter of said;Section 9, a distance of 1,492.03 feet to a point on the Northerly right-of-way line of ;"Palisades Boulevard", as shown on the "Fountain Hills Arizona Final Plat No. 601-B", as recorded in Book 166 of Maps, Page 31 and "Fountain Hills Arizona Final Plat No. 601-D", ay recorded in Book 339 of Maps, Page 29, Maricopa County Records; Thence along the Northerly right-of-way line of "Palisades Boulevard" the following courses: Thence North 45°55'23" East, a distance of 782.01 feet to the beginning of a tangent curve of 1,055.00 foot radius, concave Southeasterly; Thence Northeasterly, along said curve, through a central angle of 13°32'22", a distance of 249.31 feet; Thence North.59°27'45" East, a distance of 325.07 feet to the beginning of a tangent curve of 20.00 foot radius, concave Westerly; Thence Northeasterly, along said curve, through a central angle of 89°57'18", a distance of 31.40 feet to a point on the Westerly right-of-way line of "Golden Eagle Boulevard";; Thence along the Westerly right-of-way line of"Golden Eagle Boulevard" the following courses: Thence North 30°29'33" West, a distance of 201.97 feet to the beginning of a tangent curve of 651.00 foot radius, concave Northeasterly; Thence Northwesterly, along said curve, through a central angle of 35°06'16", a distance of 398.86 feet; Thence North 04°36'43" East, a distance of 283.80 feet to the beginning of a tangent curve of 749.00 foot radius, concave Southwesterly; Thence Northwesterly, along said curve, through a central angle of 31°11'14", a diistance of 407.70 feet; Thence North 26°34'31" West, a distance of 716.07 feet to the beginning of a tangent curve of 851.00 foot radius, concave Northeasterly; Lov clAsaooamaMtrA2-0airs. Attachment "B" y JAN-11-1999 14:01 JMI ASSOC 945 4229 P.03 • • Zoning Legal Description-t' SunRidge Canyon - Parcel.P November 15, 1994 Page 2 of 3 Thence Northwesterly, along said curve, through a central angle of 04°43'51", a distance of 70.27 feet to a point on a 500.00 foot radius non-tangent curve, whose center bears North 21°50'40" West; Thence Southwesterly, departing said Westerly right-of-way line, along said curve, through a central angle of 28°03'38", a distance of 244.87 feet; Thence North 83°47'02" West, a distance of 151.65 feet to the beginning of a tangent curve of 970.00 foot radius, concave Southeasterly; Thence Southwesterly, along said curve, through a central angle of 50°20'10", a distance of 852.18 feet; Thence South 45°52'48" West, a distance of 175.99 feet to the beginning of a tangent curve of 990.00 foot radius, concave Southeasterly; Thence Southwesterly, along said curve, through a central angle of 28°04'44", a distance of 485.17 feet; Thence South 17°48'04" West, a distance of 449.68 feet to the beginning of a tangent!curve of 550.00 foot radius, concave Northwesterly; Thence Southwesterly, along said curve, through a central angle of 65°10'32", a distance of 625.64 feet; Thence South 82°58'36" West, a distance of 150.00 feet to the beginning of a tangent icurve of 500.00 foot radius, concave Southeasterly; Thence Southwesterly, along said curve, through a central angle of 34°34'15", a distance of 301.69 feet; Thence South 48°24'21" West, a distance of 150.06 feet to the beginning of a tangent curve of 550.00 foot radius, concave Northwesterly; Thence Southwesterly, along said curve, through a central angle of 63°09'20", a distance of 606.25 feet; Thence North 68°26'19" West, a distance of 26.94 feet to the True Point of Beginning; Thence continuing North 68°26'19"West, a distance of 385.32 feet to the beginning of a{tangent curve of 500.00 foot radius, concave Southwesterly; Attachment y JAN-11-1999 14:01 JMI ASSOC 945 4229 P.04 • , • - - , '- Zoning Legal Description SunRidge Canyon - Parcel P November 15, 1994 Page 3 of 3 Thence Northwesterly, along said curve, through a central angle of 10°10'25", a distance of 88.78 feet; Thence North 78°36'44" West, a distance of 150.00 feet to the beginning of a tangent;curve of 535.00 foot radius, concave Southerly; Thence Westerly, along said curve, through a central angle of 03°29'11", a distance of 32.55 feet; Thence North 07°54'05" East, a distance of 312.87 feet; Thence South 68°04'39" East, a distance of 509.60 feet; Thence North 60°21'52" East, a distance of 168.48 feet; Thence North 05°35'58" East, a distance of 22.32 feet; Thence North 54°12'49" West, a distance of 844.90 feet; Thence North 63°18'S0" West, a distance of 314.97 feet; Thence North 00°57'13" East, a distance of 67.10 feet; Thence South 67°33'44" East, a distance of 402.05 feet; Thence South 62°05'23" East, a distance of 935.39 feet; Thence South 88°05'2.2" East, a distance of 88.00 feet;. Thence South 03°58'46" West, a distance of 143.55 feet; 1. Thence South 78°42'58" West, a distance of 134.94 feet; Thence South 11°48'16" West, a distance of 105.93 feet; Thence South 72'36'59" West, a distance of 67.43 feet; Thence South 27°10'31" West, a distance of 95.27 feet; Thence South 48°01'35" West, a distance of 110.79 feet; Thence South 05°35'S8" West, a distance of 83.47 feet to the True Point of Beginning; Containing 9.700 Acres more or Iess. st tArio z-it" ..4V4X 27743 k a .af 1. a kA, • Attachment "B II C Y...I:' 1 Town of Fountain Hills Memorandum DATE: January 15, 1999 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder, Community Development Director THROUGH: Paul L. Nordin, Town Manager SUBJECT: The Sunridge Canyon Parcel "L" Rezone, Ordinance 99-06 and Case Number Z98-18 Sunridge Canyon LLC has requested approval of this last clean-up rezone which would rezone 4.052 acres of land from the "R1-6A"to the"OSR" Zoning District and .621 acres of land from the "OSR"to the "R1-6A"Zoning District. The Parcel "L" subdivision is located west of Sunridge Drive and north of Desert Canyon Drive. The final plat for this subdivision has been approved by the Town Council and has been recorded. On January 14, 1999 the Planning and Zoning Commission recommended Town Council approval of this rezone by a vote of 7-0. Staff also recommends Town Council approval of Ordinance 99-06. TOWN OF FOUNTAIN HILLS STAFF REPORT JANUARY 15, 1999 CASE NO.: Z98-18 LOCATION: Parcel "L" of the Sunridge Canyon Development, located west of Sunridge Drive and north of Desert Canyon Drive. REQUEST: Consideration of Ordinance 99-06, a rezone for the Sunridge Canyon Parcel "L" Subdivision. DESCRIPTION: OWNER: Sunridge Canyon L.L.C. APPLICANT: Sunridge Canyon L.L.C. EXISTING ZONING: "R 1-6A" and "OSR" PROPOSED ZONING: "R1-6A" and "OSR" PARCEL SIZE: 30.24 Acres SURROUNDING LAND USES AND ZONING: NORTH: The proposed Sunridge Canyon Parcel "I" and "J" subdivisions, zoned "R1- 10A", "R 1-35H PUD" and "OSR". SOUTH: Open space and the Sunridge Canyon Parcel "M" subdivision, zoned "OSR" and "R 1-10A". EAST: The future public park site within the Sunridge Canyon Development, and the Sunridge Canyon 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 of a rezone for the Sunridge Canyon Parcel "L" subdivision to and from the "R1-6A" and "OSR" Zoning Districts. The parcel "L" subdivision has already been approved by the Town Council and the Final Plat has been recorded. After further review it was found that a second "clean-up" rezone was necessary due to slight changes in several lot lines. This rezone will make it so that all of the existing lots are located in the "R1-6A" Zoning District and so that all of the unlotted tracts of land are located in the "OSR" Zoning District. More specifically, 4.052 acres of land is proposed to be rezoned from the "Rl-6A" Zoning District and .621 acres of land is proposed to be rezoned from the "OSR" to the "R1-6A" Zoning District. Recommendation Staff recommends Town Council approval Ordinance 99-06, Case Number Z98-18. TOWN OF FOUNTAIN HILLS ORDINANCE 99-06 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, AMENDING THE OFFICIAL ZONING DISTRICTS MAP OF THE TOWN OF FOUNTAIN HILLS, ARIZONA BY DESIGNATING 4.052 ACRES OF LAND, AS GRAPHICALLY SHOWN IN ATTACHMENT"A" AND AS LEGALLY DESCRIBED IN ATTACHMENT "B", FROM THE "R1-6A" SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT TO THE "OSR", OPEN SPACE RECREATIONAL ZONING DISTRICT, AND; BY DESIGNATING 0.621 ACRES OF LAND, AS GRAPHICALLY SHOWN IN ATTACHMENT "A" AND AS LEGALLY DESCRIBED IN ATTACHMENT "B", FROM THE "OSR", OPEN SPACE RECREATIONAL ZONING DISTRICT TO THE "R1-6A" SINGLE- FAMILY RESIDENTIAL ZONING DISTRICT, SO THAT ALL OF LOTS 1 THROUGH 32 WITHIN THE FINAL PLAT OF THE SUNRIDGE CANYON PARCEL "L" SUBDIVISION ARE LOCATED WITHIN THE "R1-6A" SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT,AND SO THAT ALL OF ALL OF THE UNLOTTED AREAS WITHIN THE FINAL PLAT OF THE SUNRIDGE CANYON PARCEL "L" SUBDIVISION ARE LOCATED WITHIN THE "OSR", OPEN SPACE RECREATIONAL 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, PROCEDURES. Section 2.01, Amendments or Zone Changes. establishes the authority and procedures for amending the zoning district boundaries; and, WHEREAS, Chapter 3, ESTABLISHMENT OF ZONING DISTRICTS AND BOUNDARIES THEREOF, Section 3.02 Boundary Lines on the Zoning District Maps establishes the "Official Zoning District Maps"; and, WHEREAS, Public hearings were advertised in the December 30, 1998, January 6, 199, January 13, 1999 and the January 20, 1999 editions of The Times of Fountain Hills and Rio Verde, pursuant to Arizona Revised Statutes §9-462.04, and, Lr Ordinance 99-06 _ �+05 Page 1 of 2 AS /FAIL , MOTION SECOND 4)orn 41- —� "Ot1NT WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission on January 14, 1999 and by the Mayor and Common Council on January 21, 1999. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Section 2. The "Official Zoning District Maps" shall be amended to change the Zoning District Designation of 4.052 acres of land, which is graphically depicted in Attachment "A" and legally described in Attachment "B", from the "R 1-6A" Single-Family Residential Zoning District the "OSR", Open Space Recreational Zoning District, so that all of the unlotted areas within the Final Plat for the Sunridge Canyon Parcel "L" subdivision are located in the "OSR", Open Space Recreational Zoning District. Section 2. The "Official Zoning District Maps" shall be amended to change the Zoning District Designation of 0.621 acres of land, which is graphically depicted in Attachment "A" and legally described in Attachment "B", from the "OSR", Open Space Recreational Zoning District to the "R1-6A" Single-Family Residential Zoning District, so that all of Lots 1 through 32 within the Final Plat for the Sunridge Canyon Parcel "L" subdivision are located in the "Rl-6A" Single-Family Residential Zoning District. PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 21st day of January, 1999. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: haron Morgan, Ma r Cassie B. Hansen, Town Clerk REVIEWED BY: APPROVED AS TO FORM: ' r-- 3/!azir- ;'_gor.4., Paul . Nordin, Town Manager William E. Farrell, Town Attorney Ordinance 99-06 Page 2 of 2 b.) 1 5 I •-< -u - e. .. _ z -etc 1— o 2, e 1- ...1 .... Ed >,.. 40. "7.71 Z Cis) X 0 MI il i ji Ew „Li il i 11) fig: ij III ( RI Z < CII 0. *Ea Z Niali 0 0 E o 411 13 8 F N D a cs 8 o p., Cn 0, 6 1 PI 0 1•1 r.4. ci SC:FIIIIP .,....,-;---------------- 0 1 \ .. ,s,., . 4.:::....7.4-•:----+r_ 0 t/a, -'c' tom togsa 111/ 1\9 Ilk ..zi....•.i..!.,4•:-:.• _6°.N ,76': Asit, itkt tf i ...,„ ..,,. .. . 4,1 A .7 4 ... n co - 14G 00 . :..„—• . . . ...-J-..-:*-..,.-..... 6 ,• / 4'4.'N •Ve : ".• , n ,. a . . . ....... ki,7, N o 1••••• .::-'-'-' d ° 0I ii .a. n o , o d 'c3 ,.., -,., 6% 1n Oa wham C.,1-• 6'1 2 VI I 2 a- 01 S 0 2 g w- w ,6 6 IN 6 cc cr < in < Lai W 0 Z 0 0 C.)< LAP< Id < M —I CI-tN Wu" r-,Csi 0cii Z.4: La ci U-I 0- 0 L ?Vi: c-•:•:•1 ..,, ,-,-•- =•;4,,,- ---t- •>,.•-.. 8661 C; :60 :0; OE 400 TJA ElmirauozinS\11J3dNd\390IHN0S\ :0 LEGAL DESCRIPTION DEVELOPMENT AREA TO OPEN SPACE PARCEL L AT SUNRIDGE CANYON THAT PART OF THE SOUTHEAST QUARTER OF SECTION 8,TOWNSHIP 3 NORTH, RANGE 6 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 8; THENCE NORTH 00°09'35"WEST, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 8, A DISTANCE OF 943.12 FEET; THENCE NORTH 16°30'48" WEST, A DISTANCE OF 113.80 FEET TO THE BEGINNING OF A TANGENT CURVE OF 700.00 FOOT RADIUS, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY,ALONG SAID CURVE, THROUGH A CENTRAL ANGLE • OF 3°03'10"A DISTANCE OF 37.30 FEET TO DESIGNATED POINT"A"; THENCE SOUTH 69°36'34" WEST,A DISTANCE OF 35.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 69°36'34" WEST, 100.28 FEET; THENCE NORTH 56°27'42" EAST, 56.86 FEET; THENCE NORTH 13°49'56" WEST, 63.73 FEET; THENCE NORTH 56°27'42" EAST, 10.00 FEET; THENCE NORTH 33°32'18" WEST, 60.00 FEET; THENCE SOUTH 56°27'42" WEST, 120.00 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE SOUTHWEST, FROM WHICH THE RADIUS POINT BEARS SOUTH 77°25'39" WEST A DISTANCE OF 45.00 FEET; THENCE NORTHWESTERLY 22.11 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°08'49"; THENCE ON A NON-TANGENT LINE NORTH 61°16'57" EAST, 20.53 FEET; THENCE NORTH 48°14'54" EAST, 100.00 FEET; THENCE NORTH 41°45'06" WEST, 66.00 FEET; THENCE SOUTH 48°14'54" WEST,4.00 FEET; THENCE NORTH 41°45'06" WEST, 66.00 FEET; THENCE NORTH 48°14'54" EAST,4.00 FEET; THENCE NORTH 41°45'06" WEST, 66.00 FEET; THENCE SOUTH 48°14'54" WEST, 4.00 FEET; THENCE NORTH 41°45'06" WEST, 66.00 FEET; THENCE NORTH 48°14'54" EAST,4.00 FEET; THENCE NORTH 41°45'06" WEST, 51.12 FEET; THENCE SOUTH 82°02'23" WEST, 12.08 FEET; THENCE SOUTH 61°23'41" WEST, 112.27 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE SOUTHEAST, FROM WHICH THE RADIUS POINT BEARS NORTH 61°23'41" EAST A DISTANCE OF 20.00 FEET; THENCE NORTHEASTERLY 31.42 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00"; THENCE NORTH 61°23'41" EAST, 119.31 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHWEST, HAVING A RADIUS OF 20.00 FEET; Lire Attachment "B" JMI &ASSOCIATES 'age 1 of 9 g:\sunridge\parcell\exhibits\docs\dtoosr.doc 2/26/97 REV 6/23/97 REV 10/30/98 q THENCE SOUTHEASTERLY 29.79 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85°20'57" TO A POINT OF REVERSE CURVATURE OF A CURVE HAVING A RADIUS OF 535.00 FEET; THENCE SOUTHEASTERLY 83.09 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 8°53'54"; THENCE SOUTH 42°09'16" EAST, 150.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHWEST, HAVING A RADIUS OF 665.00 FEET; THENCE SOUTHEASTERLY 262.67 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22°37'54" TO THE POINT OF BEGINNING. CONTAINING 0.520 ACRES, MORE OR LESS. AND, COMMENCING AT DESIGNATED POINT"A"; THENCE SOUTH 69°36'34" WEST, A DISTANCE OF 177.44 FEET; THENCE NORTH 64°41'35" WEST, A DISTANCE OF 46.12 FEET; THENCE NORTH 78°31'05" WEST, A DISTANCE OF 5.29 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 78°31'05" WEST, 61.22 FEET; THENCE SOUTH 62°29'22" WEST, 108.67 FEET; THENCE NORTH 29°24'39" WEST, 52.90 FEET; THENCE NORTH 10°21'29" WEST, 65.66 FEET; THENCE NORTH 41°30'15" WEST, 117.24 FEET; thw THENCE NORTH 52°24'27" EAST, 67.95 FEET; THENCE NORTH 37°35'33" WEST, 132.00 FEET; THENCE SOUTH 52°24'27" WEST, 120.00 FEET; THENCE NORTH 68°31'11" WEST, 29.42 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE SOUTHWEST, FROM WHICH THE RADIUS POINT BEARS NORTH 69°32'57" WEST A DISTANCE OF 45.00 FEET; THENCE NORTHWESTERLY 44.24 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 56°19'30"; THENCE ON A NON-TANGENT LINE NORTH 65°25'59" EAST, 91.16 FEET; THENCE NORTH 33°13'09" EAST, 23.93 FEET; THENCE NORTH 19°55'41" WEST,47.40 FEET; THENCE NORTH 14°34'O1" WEST, 305.13 FEET; THENCE SOUTH 75°18'00" WEST, 53.32 FEET; THENCE SOUTH 55°34'48" WEST, 76.22 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE SOUTHWEST, FROM WHICH THE RADIUS POINT BEARS SOUTH 63°19'25" WEST A DISTANCE OF 225.00 FEET; THENCE NORTHWESTERLY 3.58 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°54'44" TO A POINT OF REVERSE CURVATURE OF A CURVE HAVING A RADIUS OF 20.00 FEET; THENCE NORTHEASTERLY 28.08 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 80°27'22" TO A POINT OF COMPOUND CURVATURE OF A CURVE HAVING A RADIUS OF 995.00 FEET; L JMI &ASSOCIATES Attachment "B e' 'age 2 of 9 g:\sunridge\parcell\exhibits\docs\dtoosr.doc 2/26/97 REV 6/23/97 REV 10/30/98 THENCE NORTHEASTERLY 114.51 FEET ALONG THE ARC OF SAID CURVE (kW THROUGH A CENTRAL ANGLE OF 6°35'38" TO A POINT OF COMPOUND CURVATURE OF A CURVE HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHEASTERLY 35.47 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 101°36'39" TO A POINT OF COMPOUND CURVATURE OF A CURVE HAVING A RADIUS OF 429.00 FEET; THENCE SOUTHEASTERLY 32.65 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4°21'39"; THENCE SOUTH 14°34'O1" EAST, 264.62 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEAST, HAVING A RADIUS OF 267.67 FEET; THENCE SOUTHEASTERLY 127.56 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27°18'18"; THENCE ON A NON-TANGENT LINE SOUTH 41°45'06" EAST, 255.87 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHWEST, HAVING A RADIUS OF 45.00 FEET; THENCE SOUTHEASTERLY 44.17 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 56°14'30" TO A POINT OF REVERSE CURVATURE OF A CURVE HAVING A RADIUS OF 45.00 FEET; THENCE SOUTHEASTERLY 99.13 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 126°13'44"; THENCE ON A NON-TANGENT LINE SOUTH 53°26'32" EAST,41.75 FEET TO THE POINT OF BEGINNING. CONTAINING 1.085 ACRES, MORE OR LESS. AND, COMMENCING AT DESIGNATED POINT"A"; THENCE SOUTH 69°36'34"WEST,A DISTANCE OF 177.44 FEET; THENCE NORTH 64°41'35" WEST, A DISTANCE OF 46.12 FEET; THENCE NORTH 78°31'05" WEST A DISTANCE OF 66.51 FEET; THENCE SOUTH 62°29'22"WEST, A DISTANCE OF 108.67 FEET; THENCE NORTH 29°24'39" WEST, A DISTANCE OF 52.90 FEET; THENCE NORTH 10°21'29" WEST, A DISTANCE OF 65.66 FEET; THENCE NORTH 41°30'15" WEST, A DISTANCE OF 153.45 FEET; THENCE SOUTH 60°26'10" WEST, A DISTANCE OF 69.98 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 60°26'10" WEST, 9.77 FEET; THENCE SOUTH 73°59'35" WEST, 146.42 FEET; THENCE SOUTH 85°59'O1" WEST, 73.82 FEET; THENCE NORTH 51°00'20" WEST, 78.04 FEET; THENCE SOUTH 85°39'58" WEST, 47.02 FEET; THENCE NORTH 63°47'46" WEST, 79.26 FEET; THENCE NORTH 7°32'38" WEST, 195.23 FEET; THENCE NORTH 14°49'26" WEST, 65.79 FEET; JMI &ASSOCIATES Attachment "B" Page 3 of 9 g:\sunridge\parcell\exhibits\docs\dtoosr.doc 2/26/97 REV 6/23/97 REV 10/30/98 THENCE NORTH 78°10'00" EAST,47.58 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE NORTHEAST, FROM WHICH THE RADIUS POINT BEARS NORTH 62°12'02" EAST A DISTANCE OF 70.00 FEET; THENCE SOUTHEASTERLY 10.15 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 8°18'38" TO A POINT OF REVERSE CURVATURE OF A CURVE HAVING A RADIUS OF 225.00 FEET; THENCE SOUTHEASTERLY 84.60 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21°32'36"; THENCE SOUTH 14°34'O1" EAST, 51.08 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHWEST,HAVING A RADIUS OF 45.00 FEET; THENCE SOUTHWESTERLY 37.85 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 48°11'23" TO A POINT OF REVERSE CURVATURE OF A CURVE HAVING A RADIUS OF 45.00 FEET; THENCE SOUTHEASTERLY 112.82 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 143°38'40"; THENCE ON A NON-TANGENT LINE SOUTH 20°01'18" EAST, 41.81 FEET; THENCE SOUTH 61°35'59" EAST, 100.00 FEET; THENCE NORTH 28°24'O 1" EAST, 60.00 FEET; THENCE NORTH 61°35'59" WEST, 120.00 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE NORTHWEST, FROM WHICH THE RADIUS POINT BEARS NORTH 64°38'44" WEST A DISTANCE OF 45.00 FEET; THENCE NORTHEASTERLY 23.17 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29°30'12"; THENCE ON A NON-TANGENT LINE NORTH 86°46'29" EAST, 24.90 FEET; THENCE NORTH 62°57'52" EAST, 88.15 FEET; THENCE NORTH 10°23'17" WEST, 3.64 FEET; THENCE NORTH 14°34'09" WEST, 160.57 FEET; THENCE NORTH 30°44'54" WEST, 90.54 FEET; THENCE SOUTH 57°34'13" WEST, 100.52 FEET; THENCE SOUTH 45°06'56" WEST, 12.57 FEET; THENCE NORTH 36°46'50" WEST, 17.20 FEET TO THE BEGINNING OF A NON- TANGENT CURVE,CONCAVE SOUTHEAST, FROM WHICH THE RADIUS POINT BEARS SOUTH 76°30'45" EAST A DISTANCE OF 20.00 FEET; THENCE NORTHEASTERLY 11.04 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31°37'41"; THENCE NORTH 45°06'56" EAST, 99.96 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHEAST, HAVING A RADIUS OF 995.00 FEET; THENCE NORTHEASTERLY 39.24 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2°15'35" TO A POINT OF COMPOUND CURVATURE OF A CURVE HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHEASTERLY 39.24 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 112°24'25" TO A POINT OF COMPOUND CURVATURE OF A CURVE HAVING A RADIUS OF 175.00 FEET; THENCE SOUTHEASTERLY 17.26 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5°39'03"; THENCE SOUTH 14°34'01" EAST, 270.81 FEET TO THE BEGINNING OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 45.00 FEET; JMI &ASSOCIATES Page 4 of 9 g:\sunridge\parcell\exhibits\docs\dtoosr.doc Attachment "B" 2/26/97 REV 6/23/97 REV 10/30/98 THENCE SOUTHERLY 30.59 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38°56'33" TO A POINT OF REVERSE CURVATURE OF A CURVE HAVING A RADIUS OF 45.00 FEET; THENCE SOUTHEASTERLY 84.50 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 107°35'13"; THENCE ON A NON-TANGENT LINE SOUTH 60°57'23" EAST, 127.84 FEET TO THE POINT OF BEGINNING. CONTAINING 1.320 ACRES, MORE OR LESS. AND, COMMENCING AT DESIGNATED POINT"A"; THENCE SOUTH 69°36'34" WEST,A DISTANCE OF 177.44 FEET; ETHENCE NORTH 64°41'35" WEST, A DISTANCE OF 46.12 FEET; THENCE NORTH 78°31'05" WEST A DISTANCE OF 66.51 FEET; THENCE SOUTH 62°29'22" WEST, A DISTANCE OF 108.67 FEET; THENCE NORTH 29°24'39" WEST, A DISTANCE OF 52.90 FEET; THENCE NORTH 10°21'29" WEST, A DISTANCE OF 65.66 FEET; THENCE NORTH 41°30'15" WEST, A DISTANCE OF 153.45 FEET; THENCE SOUTH 60°26'10" WEST, A DISTANCE OF 79.75 FEET; THENCE SOUTH 73°59'35" WEST, A DISTANCE OF 146.42 FEET; THENCE SOUTH 85°59'01" WEST, A DISTANCE OF 73.82 FEET; THENCE NORTH 51°00'20"WEST,A DISTANCE OF 78.04 FEET; lw THENCE SOUTH 85°39'58" WEST,A DISTANCE OF 47.02 FEET; THENCE NORTH 63°47'46" WEST, A DISTANCE OF 79.26 FEET; THENCE NORTH 7°32'38"WEST, A DISTANCE OF 195.23 FEET; THENCE NORTH 14°49'26" WEST, A DISTANCE OF 65.79 FEET; THENCE NORTH 78°10'00" EAST, A DISTANCE OF 109.74 FEET; THENCE NORTH 36°46'50" WEST, A DISTANCE OF 75.60 FEET; THENCE NORTH 37°28'31" EAST, A DISTANCE OF 63.88 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 37°28'31" EAST, 173.50 FEET; THENCE SOUTH 13°00'03" EAST, 34.38 FEET TO THE BEGINNING OF A NON- TANGENT CURVE,CONCAVE SOUTHEAST, FROM WHICH THE RADIUS POINT BEARS SOUTH 38°40'37" EAST A DISTANCE OF 1045.00 FEET; THENCE SOUTHWESTERLY 113.21 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6°12'26"; THENCE SOUTH 45°06'56" WEST,40.81 FEET TO THE POINT OF BEGINNING. CONTAINING 0.047 ACRES, MORE OR LESS. AND, COMMENCING AT DESIGNATED POINT"A"; THENCE SOUTH 69°36'34" WEST,A DISTANCE OF 177.44 FEET; THENCE NORTH 64°41'35" WEST,A DISTANCE OF 46.12 FEET; L JMI &ASSOCIATES Page 5 of 9 g:\sunridge\parcell\exhibits\docs\dtoosr.doc Attachment "B" 2/26/97 REV 6/23/97 REV 10/30/98 THENCE NORTH 78°31'05" WEST A DISTANCE OF 66.51 FEET; THENCE SOUTH 62°29'22" WEST, A DISTANCE OF 108.67 FEET; THENCE NORTH 29°24'39" WEST, A DISTANCE OF 52.90 FEET; THENCE NORTH 10°21'29"WEST, A DISTANCE OF 65.66 FEET; THENCE NORTH 41°30'15" WEST, A DISTANCE OF 153.45 FEET; THENCE SOUTH 60°26'10"WEST, A DISTANCE OF 79.75 FEET; THENCE SOUTH 73°59'35"WEST,A DISTANCE OF 146.42 FEET; THENCE SOUTH 85°59'01" WEST, A DISTANCE OF 73.82 FEET; THENCE NORTH 51°00'20" WEST, A DISTANCE OF 78.04 FEET; THENCE SOUTH 85°39'58" WEST, A DISTANCE OF 47.02 FEET; THENCE NORTH 63°47'46"WEST,A DISTANCE OF 79.26 FEET; THENCE NORTH 7°32'38"WEST,A DISTANCE OF 195.23 FEET; THENCE NORTH 14°49'26"WEST, A DISTANCE OF 65.79 FEET; THENCE NORTH 78°10'00" EAST,A DISTANCE OF 109.74 FEET; THENCE NORTH 36°46'50" WEST,A DISTANCE OF 75.60 FEET; THENCE NORTH 37°28'31"EAST, A DISTANCE OF 246.83 FEET; THENCE NORTH 12°28'08" WEST, A DISTANCE OF 50.79 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 12°28'08" WEST, 37.95 FEET; THENCE NORTH 32°44'05" EAST, 118.93 FEET; THENCE SOUTH 43°18'45" EAST, 57.91 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHWEST, HAVING A RADIUS OF 429.00 FEET; THENCE SOUTHEASTERLY 87.62 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11°42'08" TO A POINT OF COMPOUND CURVATURE OF A CURVE HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHWESTERLY 31.95 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 91°31'05" TO A POINT OF REVERSE CURVATURE OF A CURVE HAVING A RADIUS OF 1045.00 FEET; THENCE SOUTHWESTERLY 120.72 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6°37'08"; THENCE ON A NON-TANGENT LINE NORTH 4°29'19" WEST,23.55 FEET; THENCE NORTH 48°09'04" EAST, 111.81 FEET; THENCE NORTH 41°50'56" WEST, 60.00 FEET; THENCE SOUTH 48°09'04" WEST, 111.06 FEET TO THE POINT OF BEGINNING. CONTAINING 0.257 ACRES, MORE OR LESS. AND, COMMENCING AT DESIGNATED POINT"A"; THENCE SOUTH 69°36'34"WEST, A DISTANCE OF 177.44 FEET; THENCE NORTH 64°41'35"WEST, A DISTANCE OF 46.12 FEET; THENCE NORTH 78°31'05" WEST A DISTANCE OF 66.51 FEET; THENCE SOUTH 62°29'22" WEST,A DISTANCE OF 108.67 FEET; THENCE NORTH 29°24'39" WEST, A DISTANCE OF 52.90 FEET; THENCE NORTH 10°21'29" WEST, A DISTANCE OF 65.66 FEET; THENCE NORTH 41°30'15"WEST, A DISTANCE OF 153.45 FEET; L JMI &ASSOCIATES Page 6 of 9 g:\sunridge\parcell\exhibits\docs\dtoosr.doc Attachment D 2/26/97 REV 6/23/97 REV 10/30/98 THENCE SOUTH 60°26'10" WEST,A DISTANCE OF 79.75 FEET; 4111, THENCE SOUTH 73°59'35"WEST, A DISTANCE OF 146.42 FEET; THENCE SOUTH 85°59'O1" WEST, A DISTANCE OF 73.82 FEET; THENCE NORTH 51°00'20" WEST, A DISTANCE OF 78.04 FEET; THENCE SOUTH 85°39'58" WEST,A DISTANCE OF 47.02 FEET; THENCE NORTH 63°47'46" WEST,A DISTANCE OF 79.26 FEET; THENCE NORTH 7°32'38"WEST,A DISTANCE OF 195.23 FEET; THENCE NORTH 14°49'26" WEST, A DISTANCE OF 65.79 FEET; THENCE NORTH 78°10'00" EAST, A DISTANCE OF 109.74 FEET; THENCE NORTH 36°46'50"WEST,A DISTANCE OF 75.60 FEET; THENCE NORTH 37°28'31" EAST, A DISTANCE OF 246.84 FEET; THENCE NORTH 12°28'08" WEST,A DISTANCE OF 88.74 FEET; THENCE NORTH 32°44'05" EAST, A DISTANCE OF 134.80 FEET; THENCE NORTH 39°54'41" WEST, A DISTANCE OF 133.37 FEET; THENCE NORTH 18°01'17" WEST, A DISTANCE OF 67.48 FEET; THENCE NORTH 15°46'48" EAST,A DISTANCE OF 105.87 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 15°46'48" EAST, 28.61 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHWEST, FROM WHICH THE RADIUS POINT BEARS SOUTH 28°20'01" WEST A DISTANCE OF 565.00 FEET; THENCE SOUTHEASTERLY 177.89 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18°02'21"; THENCE SOUTH 43°37'38" EAST, 150.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHWEST, HAVING A RADIUS OF 600.00 FEET; THENCE SOUTHEASTERLY 147.47 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°04'55" TO A POINT OF COMPOUND CURVATURE OF A CURVE HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHWESTERLY 33.02 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 94°36'12"; THENCE SOUTH 65°03'29" WEST, 102.05 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHEAST, HAVING A RADIUS OF 1045.00 FEET; THENCE SOUTHWESTERLY 5.42 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°17'51" TO A POINT OF REVERSE CURVATURE OF A CURVE HAVING A RADIUS OF 20.00 FEET; THENCE NORTHWESTERLY 29.44 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 84°20'29" TO A POINT OF REVERSE CURVATURE OF A CURVE HAVING A RADIUS OF 479.00 FEET; THENCE NORTHWESTERLY 2.10 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°15'05"; THENCE ON A NON-TANGENT LINE NORTH 65°03'29" EAST, 20.61 FEET; THENCE NORTH 52°12'25" EAST,94.43 FEET; THENCE NORTH 37°47'35" WEST, 60.00 FEET; THENCE NORTH 52°12'25" EAST,4.00 FEET; THENCE NORTH 37°47'35" WEST, 69.63 FEET; THENCE SOUTH 46°41'15" WEST,4.00 FEET; THENCE NORTH 36°36'23" WEST, 60.41 FEET; THENCE NORTH 46°41'15" EAST, 4.00 FEET; L JMI &ASSOCIATES Page 7 of 9 g:\sunridge\parcell\exhibits\docs\dtoosr.doc Attachment ''B" 2/26/97 REV 6/23/97 REV 10/30/98 THENCE NORTH 43°18'45" WEST, 60.00 FEET; (kw THENCE SOUTH 46°41'15" WEST, 105.46 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE SOUTHWEST, FROM WHICH THE RADIUS POINT BEARS SOUTH 82°30'16" WEST A DISTANCE OF 45.00 FEET; THENCE NORTHWESTERLY 35.20 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44°49'02"; THENCE ON A NON-TANGENT LINE NORTH 37°41'14" EAST, 16.79 FEET; THENCE NORTH 15°12'17" EAST, 89.86 FEET; THENCE NORTH 53°51'41" WEST, 64.24 FEET; THENCE SOUTH 15°12'17" WEST, 1.73 FEET; THENCE NORTH 68°55'38" WEST, 36.53 FEET TO THE POINT OF BEGINNING. CONTAINING 0.487 ACRES, MORE OR LESS. AND, COMMENCING AT DESIGNATED POINT"A"; THENCE SOUTH 69°36'34" WEST, 35.00 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE SOUTHWEST, FROM WHICH THE RADIUS POINT BEARS SOUTH 70°28'39" WEST A DISTANCE OF 665.00 FEET; THENCE NORTHWESTERLY 262.67 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22°37'54"; THENCE NORTH 42°09'16" WEST, 150.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEAST, HAVING A RADIUS OF 535.00 FEET; THENCE NORTHWESTERLY 169.94 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18°12'00" TO THE POINT OF BEGINNING SAID POINT LYING ON A NON-TANGENT CURVE,CONCAVE NORTHEAST, FROM WHICH THE RADIUS POINT BEARS NORTH 66°02'44" EAST A DISTANCE OF 535.00 FEET; THENCE NORTHWESTERLY 86.88 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 9°18'15"; THENCE NORTH 14°39'O1" WEST, 154.10 FEET; THENCE NORTH 17°38'53" WEST, 62.75 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE SOUTHWEST, FROM WHICH THE RADIUS POINT BEARS SOUTH 69°21'16" WEST A DISTANCE OF 20.00 FEET; THENCE NORTHWESTERLY 32.92 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 94°17'47"; THENCE SOUTH 65°03'29" WEST, 102.29 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHEAST, HAVING A RADIUS OF 995.00 FEET; THENCE SOUTHWESTERLY 4.39 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°15'10" TO A POINT OF COMPOUND CURVATURE OF A CURVE HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHWESTERLY 29.79 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85°21'18" TO A POINT OF REVERSE CURVATURE OF A CURVE HAVING A RADIUS OF 479.00 FEET; THENCE SOUTHEASTERLY 1.53 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°10'57"; THENCE ON A NON-TANGENT LINE NORTH 65°03'29" EAST, 20.06 FEET; L JMI &ASSOCIATES Page 8 of 9 g:\sunridge\parcell\exhibits\docs\dtoosr.doc Attachment "B 2/26/97 REV 6/23/97 REV 10/30/98 THENCE NORTH 70°27'05" EAST, 103.11 FEET; THENCE SOUTH 14°34'01" EAST, 60.23 FEET; THENCE SOUTH 70°25'59" WEST,4.02 FEET; THENCE SOUTH 14°34'01" EAST, 60.23 FEET; THENCE NORTH 70°25'59" EAST, 4.02 FEET; THENCE SOUTH 14°34'01" EAST, 60.23 FEET; THENCE SOUTH 70°25'59" WEST,4.02 FEET; THENCE SOUTH 14°34'01" EAST, 60.23 FEET; THENCE NORTH 70°25'59" EAST,4.02 FEET; THENCE SOUTH 14°34'O 1" EAST, 56.49 FEET; THENCE SOUTH 61°23'41" WEST, 123.08 FEET TO THE BEGINNING OF A NON- TANGENT CURVE,CONCAVE NORTHEAST, FROM WHICH THE RADIUS POINT BEARS NORTH 61°23'41" EAST A DISTANCE OF 20.00 FEET; THENCE SOUTHEASTERLY 31.42 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00"; THENCE NORTH 61°23'41" EAST, 116.53 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHWEST, HAVING A RADIUS OF 20.00 FEET; THENCE NORTHEASTERLY 29.79 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85°20'57" TO THE POINT OF BEGINNING. CONTAINING 0.336 ACRES, MORE OR LESS. COMPRISING A COMBINED TOTAL OF 4.052 ACRES, MORE OR LESS AND BEING SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD. L 1;.— Na cirii'pr; . 4,, .ti11. 21071 I! MARYF. ;` KENNEDY if • • L • JMI &ASSOCIATES Page 9 of 9 g:\sunridge\parcell\exhibits\docs\dtoosr.doc Attachment "B" 2/26/97 REV 6/23/97 REV 10/30/98 LEGAL DESCRIPTION OPEN SPACE TO DEVELOPMENT AREA PARCEL L AT SUNRIDGE CANYON THAT PART OF THE SOUTHEAST QUARTER OF SECTION 8,TOWNSHIP 3 NORTH, RANGE 6 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 8; THENCE NORTH 00°09'35"WEST, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 8, A DISTANCE OF 943.12 FEET; THENCE NORTH 16°30'48" WEST, A DISTANCE OF 77.83 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 16°30'48" WEST A DISTANCE OF 35.97 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 700.00 FEET; THENCE NORTHWESTERLY 37.30 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3°03'10"TO DESIGNATED POINT"A"; THENCE SOUTH 69°36'34" WEST A DISTANCE OF 35.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT FROM WHICH THE RADIUS POINT BEARS SOUTH 70°28'39"WEST A DISTANCE OF 665.00 FEET; THENCE SOUTHEASTERLY 34.93 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3°00'34"; THENCE SOUTH 16°30'48" EAST A DISTANCE OF 42.20 FEET; THENCE NORTH 63°23'25" EAST A DISTANCE OF 35.55 FEET TO THE POINT OF BEGINNING. CONTAINING 0.060 ACRES, MORE OR LESS. AND, COMMENCING AT DESIGNATED POINT"A"; THENCE SOUTH 69°36'34" WEST,A DISTANCE OF 135.28 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 69°36'34" WEST A DISTANCE OF 42.16 FEET; THENCE NORTH 64°41'35" WEST A DISTANCE OF 46.12 FEET; THENCE NORTH 78°31'05" WEST A DISTANCE OF 5.29 FEET; THENCE SOUTH 53°26'32" EAST A DISTANCE OF 56.15 FEET; THENCE NORTH 56°27'42" EAST A DISTANCE OF 49.53 FEET TO THE POINT OF BEGINNING. CONTAINING 0.013 ACRES, MORE OR LESS. AND, COMMENCING AT DESIGNATED POINT"A"; THENCE SOUTH 69°36'34" WEST, A DISTANCE OF 177.44 FEET; • L JMI &ASSOCIATES Page 1 of 5 g:\sunridge\parcell\exhibits\docs\otodev.doc Attachment tB 2/26/97 REV 6/23/97 REV 10/30/98 THENCE NORTH 64°41'35" WEST, A DISTANCE OF 46.12 FEET; THENCE NORTH 78°31'05" WEST A DISTANCE OF 66.51 FEET; THENCE SOUTH 62°29'22"WEST, A DISTANCE OF 108.67 FEET; THENCE NORTH 29°24'39" WEST,A DISTANCE OF 52.90 FEET; THENCE NORTH 10°21'29" WEST,A DISTANCE OF 65.66 FEET; THENCE NORTH 41°30'15" WEST, A DISTANCE OF 117.24 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 41°30'15" WEST,A DISTANCE OF 36.21 FEET; THENCE SOUTH 60°26'10" WEST,A DISTANCE OF 69.98 FEET; THENCE SOUTH 60°57'23"EAST,A DISTANCE OF 50.00 FEET; THENCE NORTH 52°24'27" EAST, A DISTANCE OF 51.94 FEET TO THE POINT OF BEGINNING. CONTAINING 0.056 ACRES, MORE OR LESS. AND, COMMENCING AT DESIGNATED POINT"A"; THENCE SOUTH 69°36'34" WEST,A DISTANCE OF 177.44 FEET; THENCE NORTH 64°41'35" WEST, A DISTANCE OF 46.12 FEET; THENCE NORTH 78°31'05" WEST A DISTANCE OF 66.51 FEET; THENCE SOUTH 62°29'22" WEST, A DISTANCE OF 108.67 FEET; THENCE NORTH 29°24'39" WEST, A DISTANCE OF 52.90 FEET; THENCE NORTH 10°21'29" WEST,A DISTANCE OF 65.66 FEET; THENCE NORTH 41°30'15" WEST, A DISTANCE OF 153.45 FEET; THENCE SOUTH 60°26'10" WEST, A DISTANCE OF 79.75 FEET; THENCE SOUTH 73°59'35" WEST, A DISTANCE OF 146.42 FEET; THENCE SOUTH 85°59'O1" WEST, A DISTANCE OF 73.82 FEET; THENCE NORTH 51°00'20" WEST, A DISTANCE OF 78.04 FEET; THENCE SOUTH 85°39'58" WEST, A DISTANCE OF 47.02 FEET; THENCE NORTH 63°47'46" WEST, A DISTANCE OF 79.26 FEET; THENCE NORTH 7°32'38" WEST, A DISTANCE OF 195.23 FEET; THENCE NORTH 14°49'26"WEST, A DISTANCE OF 65.79 FEET; THENCE NORTH 78°10'00"EAST,A DISTANCE OF 47.58 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 78°10'00" EAST, 62.16 FEET; THENCE NORTH 36°46'50" WEST, 13.47 FEET; THENCE SOUTH 45°06'56" WEST, 7.34 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHWEST, FROM WHICH THE RADIUS POINT BEARS SOUTH 54°32'01" WEST A DISTANCE OF 275.00 FEET; THENCE NORTHWESTERLY 3.09 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°38'37" TO A POINT OF REVERSE CURVATURE OF A CURVE HAVING A RADIUS OF 20.00 FEET; THENCE NORTHWESTERLY 17.31 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49°35'S I"; THENCE ON A NON-TANGENT LINE NORTH 36°46'50" WEST,44.93 FEET; L JMI &ASSOCIATES 'age 2 of 5 g:\sunridge\parcell\exhibits\docs\otodev.doc Attachment "B" 2/26/97 REV 6/23/97 REV 10/30/98 THENCE NORTH 37°28'31" EAST, 63.88 FEET; (1110, THENCE SOUTH 45°06'56" WEST, 59.15 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHEAST, HAVING A RADIUS OF 70.00 FEET; THENCE SOUTHWESTERLY 89.08 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 72°54'54" TO THE POINT OF BEGINNING. CONTAINING 0.074 ACRES, MORE OR LESS. AND, COMMENCING AT DESIGNATED POINT"A"; THENCE SOUTH 69°36'34" WEST, A DISTANCE OF 177.44 FEET; THENCE NORTH 64°41'35" WEST, A DISTANCE OF 46.12 FEET; THENCE NORTH 78°31'05" WEST A DISTANCE OF 66.51 FEET; THENCE SOUTH 62°29'22" WEST, A DISTANCE OF 108.67 FEET; THENCE NORTH 29°24'39" WEST,A DISTANCE OF 52.90 FEET; THENCE NORTH 10°21'29" WEST, A DISTANCE OF 65.66 FEET; THENCE NORTH 41°30'15"WEST, A DISTANCE OF 153.45 FEET; THENCE SOUTH 60°26'10" WEST, A DISTANCE OF 79.75 FEET; THENCE SOUTH 73°59'35" WEST,A DISTANCE OF 146.42 FEET; THENCE SOUTH 85°59'01" WEST, A DISTANCE OF 73.82 FEET; THENCE NORTH 51°00'20" WEST, A DISTANCE OF 78.04 FEET; THENCE SOUTH 85°39'58"WEST, A DISTANCE OF 47.02 FEET; THENCE NORTH 63°47'46"WEST, A DISTANCE OF 79.26 FEET; THENCE NORTH 7°32'38" WEST, A DISTANCE OF 195.23 FEET; THENCE NORTH 14°49'26" WEST, A DISTANCE OF 65.79 FEET; THENCE NORTH 78°10'00"EAST, A DISTANCE OF 109.74 FEET; THENCE NORTH 36°46'50" WEST,A DISTANCE OF 75.60 FEET; THENCE NORTH 37°28'31"EAST, A DISTANCE OF 237.38 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 37°28'31" EAST, 9.46 FEET; THENCE NORTH 12°28'08" WEST, 50.79 FEET; THENCE SOUTH 48°09'04" WEST, 8.87 FEET; THENCE SOUTH 13°00'03" EAST, 52.53 FEET TO THE POINT OF BEGINNING. CONTAINING 0.009 ACRES, MORE OR LESS AND, COMMENCING AT DESIGNATED POINT"A"; THENCE SOUTH 69°36'34" WEST, A DISTANCE OF 177.44 FEET; THENCE NORTH 64°41'35"WEST, A DISTANCE OF 46.12 FEET; THENCE NORTH 78°31'05" WEST A DISTANCE OF 66.51 FEET; THENCE SOUTH 62°29'22" WEST, A DISTANCE OF 108.67 FEET; THENCE NORTH 29°24'39" WEST, A DISTANCE OF 52.90 FEET; THENCE NORTH 10°21'29"WEST, A DISTANCE OF 65.66 FEET; THENCE NORTH 41°30'15" WEST, A DISTANCE OF 153.45 FEET; L JMI &ASSOCIATES Page 3 of 5 g:\sunridge\parcell\exhibits\docs\otodev.doc Attachment "B" 2/26/97 REV 6/23/97 REV 10/30/98 THENCE SOUTH 60°26'10" WEST, A DISTANCE OF 79.75 FEET; THENCE SOUTH 73°59'35"WEST, A DISTANCE OF 146.42 FEET; THENCE SOUTH 85°59'O1"WEST,A DISTANCE OF 73.82 FEET; THENCE NORTH 51°00'20" WEST, A DISTANCE OF 78.04 FEET; THENCE SOUTH 85°39'58" WEST, A DISTANCE OF 47.02 FEET; THENCE NORTH 63°47'46"WEST, A DISTANCE OF 79.26 FEET; THENCE NORTH 7°32'38" WEST, A DISTANCE OF 195.23 FEET; THENCE NORTH 14°49'26" WEST, A DISTANCE OF 65.79 FEET; THENCE NORTH 78°10'00"EAST, A DISTANCE OF 109.74 FEET; THENCE NORTH 36°46'50" WEST, A DISTANCE OF 75.60 FEET; THENCE NORTH 37°28'31" EAST, A DISTANCE OF 246.84 FEET; THENCE NORTH 12°28'08"WEST, A DISTANCE OF 88.74 FEET; THENCE NORTH 32°44'05"EAST, A DISTANCE OF 118.93 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 32°44'05" EAST, 15.87 FEET; THENCE NORTH 39°54'41" WEST, 133.37 FEET; THENCE NORTH 18°O 1'17" WEST, 67.48 FEET; THENCE NORTH l,5°46'48" EAST, 105.87 FEET; THENCE NORTH 68°55'38" WEST,23.79 FEET; THENCE SOUTH 15°12'17" WEST, 125.45 FEET; THENCE SOUTH 33°23'01" EAST, 68.68 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE NORTHEAST, FROM WHICH THE RADIUS POINT BEARS SOUTH 70°23'24" EAST A DISTANCE OF 45.00 FEET; THENCE SOUTHEASTERLY 71.53 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 91°04'11" TO A POINT OF REVERSE CURVATURE OF A CURVE HAVING A RADIUS OF 45.00 FEET; • THENCE SOUTHEASTERLY 22.11 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°08'50"; THENCE SOUTH 43°18'45" EAST, 58.11 FEET TO THE POINT OF BEGINNING. CONTAINING 0.161 ACRES, MORE OR LESS. AND, COMMENCING AT DESIGNATED POINT"A"; THENCE SOUTH 69°36'34"WEST,A DISTANCE OF 177.44 FEET; THENCE NORTH 64°41'35" WEST, A DISTANCE OF 46.12 FEET; THENCE NORTH 78°31'05" WEST A DISTANCE OF 66.51 FEET; THENCE SOUTH 62°29'22" WEST, A DISTANCE OF 108.67 FEET; THENCE NORTH 29°24'39" WEST, A DISTANCE OF 52.90 FEET; THENCE NORTH 10°21'29" WEST, A DISTANCE OF 65.66 FEET; THENCE NORTH 41°30'15" WEST, A DISTANCE OF 153.45 FEET; THENCE SOUTH 60°26'10"WEST, A DISTANCE OF 79.75 FEET; THENCE SOUTH 73°59'35" WEST, A DISTANCE OF 146.42 FEET; THENCE SOUTH 85°59'O1" WEST, A DISTANCE OF 73.82 FEET; THENCE NORTH 51°00'20" WEST, A DISTANCE OF 78.04 FEET; THENCE SOUTH 85°39'58" WEST, A DISTANCE OF 47.02 FEET; L JMI &ASSOCIATES Page 4 of 5 g:\sunridge\parcell\exhibits\docs\otodev.doc Attachment "B" 2/26/97 REV 6/23/97 REV 10/30/98 THENCE NORTH 63°47'46" WEST, A DISTANCE OF 79.26 FEET; THENCE NORTH 7°32'38" WEST, A DISTANCE OF 195.23 FEET; THENCE NORTH 14°49'26" WEST, A DISTANCE OF 65.79 FEET; THENCE NORTH 78°10'00" EAST, A DISTANCE OF 109.74 FEET; THENCE NORTH 36°46'50" WEST, A DISTANCE OF 75.60 FEET; THENCE NORTH 37°28'31" EAST, A DISTANCE OF 246.84 FEET; THENCE NORTH 12°28'08"WEST, A DISTANCE OF 88.74 FEET; THENCE NORTH 32°44'05" EAST, A DISTANCE OF 134.80 FEET; THENCE NORTH 39°54'41" WEST, A DISTANCE OF 133.37 FEET; THENCE NORTH 18°01'17" WEST, A DISTANCE OF 67.48 FEET; THENCE NORTH 15°46'48"EAST,A DISTANCE OF 134.49 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 15°46'48" EAST A DISTANCE OF 35.81 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT FROM WHICH THE RADIUS POINT BEARS SOUTH 27°35'25" WEST A DISTANCE OF 600.00 FEET; THENCE NORTHWESTERLY 96.23 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 9°11'20"; THENCE SOUTH 38°03'23" WEST A DISTANCE OF 37.31 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT FROM WHICH THE RADIUS POINT BEARS SOUTH 17°07'43"WEST A DISTANCE OF 565.00 FEET; THENCE SOUTHEASTERLY 110.49 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11°12'18"TO THE POINT OF BEGINNING. CONTAINING 0.083 ACRES, MORE OR LESS. COMPRISING A COMBINED TOTAL OF 0.621 ACRES, MORE OR LESS AND BEING . SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD. r � t1A/1RY O\w p 1 •1071 /I Ill ` KENNEDY .4 sN• / ; • d L JMI &ASSOCIATES Page 5 of 5 g:\sunridge\parcel)\exhibits\docs\otodev.doc Attachment "B" 2/26/97 REV 6/23/97 REV 10/30/98 Chron 10 MEMORANDUM TO: Honorable Mayor and Town Council FROM: srt Ca 0elaria eer/P1 n evi e klixt REVIEWED: Ra •y ,arrel, Town Engineer THROUGH: '•ul 0 din, Town Manager DATE: Ja 11. 7, 999 RE: Grant of Ease ent (EAA98-21) 11402 N. Saguaro Blvd. (Saguaro Vista Condominiums) Plat 201, Block 6, Lot 4 Gerald & Bethany Macera Mr. & Mrs. Gerald Macera have granted a Sight Easement on Lot 4, Block 6, Plat 201, as described and depicted in Exhibits A and B, attached. The Saguaro Blvd. frontage to these condominiums is within the sight triangle for traffic trying to enter onto Saguaro from Malta Drive. A high fence or tall shrubs within the sight triangle would severely compound the already poor sight distance from Malta Drive. Staff has administratively allowed construction of a 2'-8' high masonry fence within the sight easement. Staff would like to publicly thank Mr. & Mrs. Macera for granting this easement. In accordance with our normal procedure, no Council action is required for a grant of an easement. This memo is merely for your information. cc: Mr. &Mrs. Macera Ed Oliva Nick Piazza L G:\Easement Memo\Memo Grant of EA Sight,Saguaro Vista Condos,Macera.doc When Recorded Return To: Town Engineer Town of Fountain Hills P.O. Box 17958 Fountain Hills, AZ 85269 GRANT OF EASEMENT Gerald and Bethany Macera grantor, for good and valuable consideration, hereby grants to the Town of Fountain Hills, Arizona, grantee, a municipal corporation, its successors and assigns, and to public utilities, a perpetual easement for the following purposes, namely: Sight Easement Saguaro Vista Condominiums Plat 201, Block 6, Lot 4 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 ,,,, thereto against the claim of any person whatsoever. Dated this day of r" 0 , 1998. By: - �� Q.t� STATE OF ARIZONA ) ss. County of Maricopa ) +1' SUBSCRIBED AND SWORN TO BE before me this'2:6day of bPCP"1 1998, by ^C f' L - <a/ I •r Otary *c My Commission Expires: OFFICIAL SEAL j z."-ad�, LISA M.KERN L R' 1(,%j"(- 2- ,2_0C C' , "`, Notary Public-Stete of Arinana ' �; PM.RICOPA COUNTY \0;,a, My comm.expires Aug.2.2000 EXHIBIT " A" 6. TOWN OF FOUNTAIN HILLS EASEMENT ACQUISITION PLAT 201 BLOCK 6 LOT 4 \ \ LOT 2 1 -55' S5' — — W R W II I \ I Ci LOT 3 m CURVE TABLE >. O N88'57 38 W 150.00' CC CURVE LENGTH RADIUS DELTA W; C1 69.40 795.00 05'00'07" /' i p C2 146.30 275.00 30'28'50" p� ! 0C3 153.42 945.00 0918'07" ,Vj LOT 4 •Mt' + Q C4 18.66' 275.00 03'53'15" JI 0.0396 ac. N/ (/) I C3 i S44'50'00"E 19.52' I q\ C4 ___ NE EASWEMENT SIGHT / '11N TPOB / N79' 9'32"W / 55.••' (RAD) /LOT 5 t o� o / Qt¢ssi a1 f ei Cil ` 13124 O a RANDY L HARREL A o jf. SCALE: 1"= 80' o,�sfr."ee\.r.� DATE: 11-18-98 /.6`N a\ EXHIBIT "B" LEGAL DESCRIPTION LEGAL DESCRIPTION OF A PORTION OF LOT 4, AS SHOWN ON FOUNTAIN HILLS, ARIZONA, FINAL PLAT 201, BLOCK 6, RECORDED IN BOOK 148, PAGE 47, MCR. A portion of the East half of Section 23, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Fountain Hills, Maricopa Country, Arizona, more particularly described as follows: Commencing at the street centerline intersection of Saguaro Boulevard and Malta Drive, a point on a curve concave northwesterly and having a radius of 1000 feet. Thence northeasterly along the centerline of said Saguaro Boulevard along the arc of said curve through a central angle of 12 degrees 00 minutes 13 seconds, an arc length of 209.50 feet. Thence departing said centerline of Saguaro Boulevard North 79 degrees 39 minutes 32 seconds West, along a radial line of said curve a distance of 55.00 feet to a point on a curve, said point being on the westerly right-of-way line of Saguaro Boulevard, the southeast corner of said Lot 4, and the TRUE POINT OF BEGINNING. Thence departing said right-of-way along the southerly property line of said Lot 4 on an arc concaved northeasterly, having a radius of 275.00 feet through a central angle of 03 degrees 53 minutes 15 seconds, a distance of 18.66 feet to a point. Thence departing said property line North 12 degrees 39 minutes 55 seconds East, a distance of 150.83 feet to a point on the westerly right-of-way line of Saguaro Boulevard, said point also being the northeasterly corner on said Lot 4, and on a curve concaved northwesterly having a radius of 945.00 feet. Thence southwesterly along the arc of said curve through a central angle of 09 degrees. 18 minutes 07 seconds an arc length of 153.42 feet to the TRUE POINT OF BEGINNING. This parcel contains an area of 0.0396 acres more or less. /,7'��ttF1VA)`c1'O r��* l::, 165450, ‘ L O Fi!R{ice -Z�' P' 01/15/1999 13:06 6028166160 KAUFFMAN REAL ESTATE PAGE 01 L._ Kauffman Dan J. Kauffman Sales and Marketing New Developments eD ,4 investments & Development LLC: Date: I I IS-i 1 . / ' To: çrSuprdrUP Fax number: ?373P1c / :' From: •Kauffman Real Estate / Our phone: (602) 816-6155 Our fax (602) 816-6160 ‘46°' RIX # of pages Including cover page: ❑ Please call to confirm receipt Please respond by return fax ❑ Call only if transmission is Incomplete MO0 )• S..a,ram. ,,, : P r C I y rilc.,-÷- 5cke (4.) ) rd fir Co. JACw \ gC1/4 vN C)A5)" 1 9 4) 1/4111...' '- 1 „.., ,, 11 , 1._ 1-- 1-AN e_ Fe 6 q) 9Gi