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Home My WebLink About1999.0204.TCREP.Packet .4\ 11AIN NOTICE OF REGULAR AND EXECUTIVE SESSION 01)11 OF THE -.40� FOUNTAIN HILLS TOWN COUNCIL that is Ai Mayor Morgan Councilman Apps Councilwoman Wiggishoff Councilman Wyman Vice Mayor Poma Councilman Mower Councilwoman Hutcheson WHEN: THURSDAY, FEBRUARY 4, 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 (lioos 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 Dennis Daniel,First Baptist 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 kgenda and considered in its normal sequence on the agenda. Town Council Meeting Agenda Regular/Executive Session February 4, 1999 *1.) Consideration of APPROVING THE MEETING MINUTES of January 21, 1999. thw *2.) Consideration of the SPECIAL EVENT REQUEST submitted by Sharon Morgan for the Fountain Hills Chamber of Commerce for the Annual Great Fair. The event will be held Friday and Saturday,February 26th and 27`h from 10:00 a.m. to 5:00 p.m.; and Sunday, February 28th from 8:00 a.m. to 5:00 p.m. The event will require the closure of Saguaro Boulevard between El Lago and Parkview from 5:30 p.m. Thursday, February 25th thru 6:00 a.m. on Monday, March 1st• The Avenue of the Fountains will be closed at 5:30 p.m. on Thursday, February 25`h *3.) Consideration of the SPECIAL EVENT REQUEST submitted by Ed Zerambo for the Sunrise Kiwanis for the Mountain to Fountain Race to be held in conjunction with Great Fair activities on Saturday, February 27th, 1999 from 5:30 a.m.to 10:30 a.m. No additional streets will require closure other than those closed for the Fair. *4.) Consideration of the SPECIAL EVENT REQUEST submitted by Jim Heasley for Southtique Mercantile located at 16810 East Avenue of the Fountains. Mr. Heasley is requesting the closure of the Avenue of the Fountains Center parking lot located on the northeast corner of the Avenue of the Fountains and Verde River Drive for the purpose of displaying and selling merchandise during the Annual Great Fair, February 26th, 27th and 28th, 1999 from 9:00 a.m. to 6:00 p.m. *5.) Consideration of the SPECIAL EVENT LIQUOR LICENSE submitted by Kenneth Bowman for the American Legion Post 58 located at 16850 East Avenue of the Fountains. The request is for a building fund fundraiser during the Great Fair. The requested hours of operation are 9:00 a.m. to 10:00 p.m. on Friday and Saturday, February 26`h and 27th,and 10:00 a.m.to 9:00 p.m.on Sunday,February 28t. *6.) Consideration of the SPECIAL EVENT REQUEST submitted bey Rick Johnson of Gravity Brothers, Inc. for the Cactus Cup Mountain Bike Race to be held Saturday,March 13 , 1999. The event will be held from 6:00 a.m. to 12:00 a.m. on the Avenue of the Fountains between LaMontana and Saguaro Boulevard. The event will require the closure of the Avenue between LaMontana and Verde River and partial closure of the Avenue between Verde River and Saguaro Boulevard. This event is part of the three-day event scheduled at McDowell Mountain Park. Over 30,000 spectators and 2,000 competitors are anticipated for the three-day event,increasing local traffic. The request includes a signage plan for directional signage throughout Fountain Hills. *7.) Consideration of the SPECIAL EVENT LIQUOR LICENSE submitted by Steve Coover for the Sunrise Kiwanis. The request is for a fund fundraiser during the Cactus Cup Mountain Race. The requested hours of operation are 5:00 p.m.to 11:00 p.m. on Saturday,March 13th, 1999. *8.) Consideration of RESOLUTION 1999-07 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located along the southerly lot line of Plat 505D, Block 3, Lot 1, (15529 East Centipede Drive), as recorded in Book 158 of Maps,Page 41 records of Maricopa County, Arizona(Geo. Roberts EA99-01). *9.) Consideration of APPOINTING TWO CITIZENS to the Board of Adjustment to fill the expiring terms. 10.) ROTATION OF THE POSTIION OF VICE MAYOR from Councilman Poma to Councilman Mower. The Vice-Mayor is an eight-month,rotating position to be held by every councilmember. 11.) PRESENTATION OF APPRECIATION PLAQUES to Ray Baldwin and Peggy Fiandaca for their service on the Planning and Zoning Commission. 12.) QUARTERLY LAW ENFORCEMENT REPORT by Public Safety Director Steve Gendler. 13.) 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 Town of Fountain Hills Page 2 of 3 Last printed 01/29/99 1:06 PM Town Council Meeting Agenda Regular/Executive Session February 4, 1999 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. 14.) 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. 15.) Consideration of a CUT AND FILL WAIVER for the proposed Diamonte Del Lago subdivision, Case Number CFW98-01. 16.) Consideration of RESOLUTION 1999-06,approving the development agreement for Diamonte Del Lago. 17.) Consideration of the PRELIMINARY PLAT for the Diamonte Del Lago subdivision,Case Number S98-032. 18.) Consideration of RESOLUTION 1999-08,approving the development agreement for Fountain Summit. 19.) Consideration of the PRELIMINARY PLAT for the 29± acre, 69 unit proposed Fountain Summit Condominiums, located east of Saguaro Boulevard, south of La Montana Drive and north of Panorama Drive, Case Number S98-034. 20.) Consideration of the SITE PLAN for a recreational vehicle sales facility, located at 12045 North Saguaro Boulevard, aka Plat 205,Block 3,Lot 22. 21.) Consideration of the PRELIMINARY PLAT for the 39-lot, 25.22± acre Eagle Mountain Parcel 13, located within the Eagle Mountain development south of Shea Boulevard,Case Number S98-044. 22.) 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. 23.) 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 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. 24.) RETURN TO REGULAR SESSION. 25.) ADJOURNMENT. DATED this 28th day of January 1999. By: 0-44.Lie..., 67. 42--ss.dx..4._.) Cassie B. Hansen,Town Clerk o° 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. Town of Fountain Hills Page 3 of 3 Last printed 01/29/99 1:06 PM MEMORANDUM TO: THE HONORABLE MAYOR AND T N IL FROM: PAUL L. NORDIN,TOWN MANAG>N. DATE: JANUARY 29, 1999 RE: MANAGER'S REPORT FOR THE FEBRUARY 4TH COUNCIL MEETING Reminder: There is only one public hearing on this agenda and another Executive Session! Don't forget next Tuesday evening's public meeting regarding Target retail center. Following Mayor Morgan's opening statement, I will make a presentation to the general public on this subject. CONSENT AGENDA: There are nine items on the consent agenda. Please review each item and contact me should you determine any should be removed. Clow AGENDA ITEM# 10—VICE-MAYOR POSITION: Councilman Pen Mower will become the new Vice-Mayor for the following eight months. The position of Vice-Mayor rotates to give each Councilmember the opportunity to fill the position during their term. AGENDA ITEM# 11 —PRESENTATION OF PLAQUE: Mayor Morgan will present Plaques of Appreciation to Ray Baldwin and Peggy Fiandaca to commemorate their service as a member of the Planning and Zoning commission. AGENDA ITEM# 12—QUARTERLY PUBLIC SAFETY REPORT: Public Safety Director Steve Gendler will present the third of his quarterly law enforcement reports. Please see his attached memo. AGENDA ITEM# 13 & #14—PUBLIC HEARING/ORDINANCE 99-03/ REZONING DIAMONTE DEL LAGO: AGENDA ITEM# 15—CUT AND FILL WAIVER/DIAMONTE DEL LAGO: AGENDA ITEM# 16—RESOLUTION 1999-06/DEVELOPMENT AGREEMENT/ DIAMONTE DEL LAGO: AGENDA ITEM# 17—PRELIMINARY PLAT/DIAMONTE DEL LAGO: A public hearing is scheduled to receive input regarding rezoning 101.85 acres of land located in a previously unplatted parcel to the north and east of "Hotel Hill". The applicant for this development is Sivage-Thomas Homes. If approved, the present zoning of R-3 RUP, R-4, and R-5 would change to R1-6A PUD. The Planning and Zoning Commission voted 7-0 to recommend Town Council approve the rezoning, cut and fill waiver, development agreement and the preliminary plat for this project. Refer to Jeff's report. AGENDA ITEM# 18—RESOLUTION 1999-08/DEVELOPMENT AGREEMENT/FOUNTAIN SUMMIT CONDOS: The applicant will make a presentation on the revised development plans this Thursday. Revisions include a 55,000 SF transfer from Diamonte Del Lago as a requirement to meet the hillside disturbance regulations. See Geir's memo. AGENDA ITEM# 19—PRELIMINARY PLAT/FOUNTAIN SUMMIT CONDOS: This agenda item requests consideration to approve the preliminary plat for the 29-acre, 69-unit "Fountain Summit" condominium project. This project was unanimously recommended for denial by the Planning and Zoning Commission, and that Council not consider a transfer from Diamonte Del Lago to satisfy the hillside disturbance requirements. Unless reductions in requested density transfer amounts are made and the development agreement is approved, staff will also continue to recommend denial of this project. Please refer to Geir's attached memo. AGENDA ITEM#20—CONSIDERATION OF RV SALES FACILITY SITE PLAN: Council will consider approval of the conceptual site plan for a proposed RV sales center on .41 acres located at 12045 E. Saguaro Blvd. aka Plat 205, Block 3, Lot 22. The Planning and Zoning Commission unanimously approved the site plan. Please see Dana's report. AGENDA ITEM#21 —PRELIMINARY PLAT/EAGLE MOUNTAIN PARCEL 13: The Planning and Zoning Commission unanimously recommended approval for the Eagle Mountain 42 lot, 25.22-acre subdivision. Staff also recommends approval, with stipulations. Please refer to Jeff's memo. AGENDA ITEM#23—EXECUTIVE SESSION WITH TOWN ATTORNEY: Another discussion with Bill Farrell is planned to follow the regular council agenda on Thursday. L Manager's Report February 4, 1999 Council Meeting Page 2 of 2 Nay Interofice Memo To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, TOWN CLER Date: 01/28/99 Re: AGENDA ITEM #2—GREAT FAIR SPECIAL EVENT REQUEST AGENDA ITEM #3— MOUNTAIN TO FOUNTAIN SPECIAL EVENT REQUEST AGENDA ITEM #4— SOUTHTIQUE SPECIAL EVENT REQUEST AGENDA ITEM #5—AMERICAN LEGION SPECIAL EVENT LIQUOR LICENSE AGENDA ITEM #6—CACTUS CUP SPECIAL EVENT REQUEST AGENDA ITEM #7—SUNRISE KIWANIS SPECIAL EVENT LIQUOR LICENSE Ms the season for special events and you have six of them on your consent agenda for the February Mtn g....Four of them have become annual events which take place the last full weekendIn Fe aining two involve an "expanded"Cactus Cup Mountain Bike Race. A - R OF COMMERCE SPECIAL EVENT REQUEST FOR THE FAIR ‘presenting the,Fountain Hills Chamber of Commerce, Sharon Morgan has submitted the special event request of they Annual Great„ ir, scheduled for Friday, Saturday and Sunday, February 26th, a 2 ar ;10:00 a.m. to 5:00 p.m. on Friday and Saturday; 8:00 a.m. to �n Sun ;, i�ueit includes the closure of Saguaro Boulevard from El Lago Boulevard Pa /ietn and h venue of the Fountains from Saguaro to La Montana. Barricades would be put in place at At3 m,n Thursday, February 25th and removed at 6:00 a.m. Monday, March "1st. A map included wth,0 request shows the event area that includes the west side of Fou la Parl(_,that will beAused for the Carnival and the balloon lift on Sunday morning. The Amber has obtained the r essary permits from the Park and Recreation Department for the use of n Pat-60 the 208 Property Owners for the use of the 208 parking lots. A signage plan is a tine request packet. Marshal Gendler has worked closely with Ms. Morgan, MCSO and the Fire Department to insure participant, pedestrian and vehicular safety. (Please see attached memo from Steve.) A certificate of insurance is on file. Staff recommends approval. Page 1 of 3 Cassie Hansen Last printed 01/28/99 2:02 PM 01/28/99 January 28, 1999 AGENDA ITEM #3 — SUNRISE KIWANIS SPECIAL EVENT REQUEST FOR THE MOUNTAIN TO FOUNTAIN RACE Ed Zerambo has submitted the special event request for the Sunrise Kiwanis Annual Mountain to Fountain Race. The event takes place in conjunction with the Great Fair and no additional street closures are required. Sharon Morgan has stated that the Chamber has no problem with the event taking place in close proximity to the Great Fair activities. The race is scheduled for Saturday, February 27th from 5:30 a.m. to 10:30 a.m. and is near completion by the time the Fair activities begin. Marshal Gendler has worked with the event coordinators who follow his recommendations regarding the placement of additional personnel along the race route. Minor adjustments have been made to the race route to minimize conflicts with the Great Fair activities on Saguaro. The Marshal's Department will station personnel at key intersections to insure participant and traffic safety. A certificate of insurance is forthcoming. Staff recommends approval. AGENDA ITEM #4—SOUTHTIQUE SPECIAL EVENT REQUEST FOR AN ART FAIR Jim Heasley from Southtique Mercantile has submitted a special event request for an art show to be held on Friday, Saturday and Sunday, February 26th, 27th and 28th from 9:00 a.m. to 6:00 p.m. The event would be located in the Avenue of the Fountains Center parking lot located at 16810 East Avenue of the Fountains. Mr. Heasley has obtained written permission from the property owner to use the parking lot for the event. Written permission has also been granted by storefront owners immediately adjacent to the parking lot. The Chamber of Commerce is aware of the additional event. Since this is the same weekend as the Great Fair, no additional street closures would be required. As Marshal Gendler pointed out in his memo (please see memo from Steve), granting this request would have no appreciable effect on the area since the Fair will be drawing considerable crowds to the area. A certificate of insurance naming the Town an additional insured is forthcoming prior to the event. Staff recommends approval. AGENDA ITEM #5—AMERICAN LEGION SPECIAL EVENT LIQUOR LICENSE REQUEST The American Legion is again requesting a special event liquor license during the Great Fair, Friday, Saturday and Sunday, February 26th through 28th. They are requesting the operating hours of 9:00 a.m. to 10:00 p.m. on Friday and Saturday and 10:00 a.m. to 9:00 p.m. on Sunday. Last February, the Council approved the hours of 8:00 a.m. to 10:00 p.m. on Friday and Saturday and 10:00 a.m. to 10:00 p.m. on Sunday. There have been no violations or incidents at previous events and the Legion hopes their responsible management of the premises will support their request. The area of operation remains unchanged and security personnel will be provided to insure that all alcohol is kept within the event area. Marshal Gendler has performed his investigation and forwards a favorable recommendation. Staff recommends approval. AGENDA ITEM #6—CACTUS CUP SPECIAL EVENT REQUEST: The internationally known Cactus Cup Mountain Bike Race returns to the valley on Friday, Saturday and Sunday, March 12th, 13th and 14th. Last year the event was held in Scottsdale and McDowell L 2 January 28, 1999 Mountain Regional Park. Fountain Hills' only involvement was signage, increased traffic and local food vendor participation at the County Park. This year, event coordinators are desirous of bringing the portion of the event formerly held in Scottsdale to Fountain Hills. Rick Johnson of Gravity Brothers Inc. has submitted a special event request for Saturday, March 13, 1999. Friday and Sunday races will still take place at McDowell Mountain Regional Park. The Saturday activities in Fountain Hills will include races around the median on the Avenue of the Fountains between La Montana and Verde River Drive, a BMX Dirt Jump south of the Avenue, a food and beverage area in the west median on the Avenue, a Kid's Rodeo, a Police Challenge event, the Cactus Criterium and entertainment. A schedule of local events is included with the application. The race course area will be fenced and a pedestrian bridge will allow spectators to cross from the west median to the BMX Dirt Jump site. Mr. Johnson has requested the closure of the Avenue of the Fountains from La Montana to Verde River and the south side of the Avenue between Verde River and Saguaro as a staging area. The north side of the Avenue between Saguaro and Verde River and La Montana would remain open to thru traffic. The event is scheduled from 6:00 a.m. to midnight on March 13th to allow for set-up and breakdown. Organizers have requested the Friday closure of the south side of the Avenue between La Montana and Verde River to set up the pedestrian bridge. Mr. Johnson has been working closely with Marshal Gendler and Pat Harvey to formulate a barricade and fencing plan that will minimize the impact on local businesses. (Please see attached memo from Steve). Marshal Gendler has included three stipulations in his recommendation: that organizers secure written approval for use of the lots south of the Avenue of the Fountains; that all businesses on the west end of the Avenue of the Fountains be personally contacted; and that a certificate of insurance be submitted prior to the event. Although the request states that parking is being planned for Parcel 208 per Shelley Johnson, staff would like to add a fourth stipulation: that a copy of the permit with the 208 property owners be submitted prior to the event. The fifth recommended stipulation is that the event organizers agree to reimburse the Town for personnel and property damage costs that may be incurred as a result of the event. Staff recommends approval of the event with all five stipulations. AGENDA ITEM #7—SUNRISE KIWANIS SPECIAL EVENT LIQUOR LICENSE REQUEST: Steve Coover has submitted a special event liquor license request on behalf of the Sunrise Kiwanis for the entertainment portion of the Cactus Cup Mountain Bike Race scheduled for Saturday, March 13, 1999. As described in the previous agenda item, live entertainment is planned following the racing events, approximate time 5:00 p.m. to 11:00 p.m. The beverage area would be contained within the fenced-in area on the west median of the Avenue of the Fountains. (Please refer to the diagram included with the application.) Security personnel will be present to insure that alcohol stays within the licensed, fenced area. Per the requirements of the special event license, 25% of the proceeds will go the Sunrise Kiwanis, a non-profit entity. Marshal Gendler has reviewed the request and forwarded a favorable recommendation. Staff recommends approval. 3 oIA k, a 1- ao I — oF•00Nkt RECEIVED ts%�,. 4 Special Event Request 17,*azis � CC p lidv JAN 2 6 1999 FOUNTAIN HILLS TOWN CLERK Name of Event Coordinator Sharon Moran Address: PO Box 17598 Fountain Hills AZ 85269 Telephone: (residence) R 17-R 7 6 4 (business) R 3 7-1 6 5 4 If the event is designed to be held on behalf of arty person other than the applicant,the applicant shall supply written authorization from the organization sponsoring the event,dated not more than 90 days before the application,authorizing the applicant to apply for the permit on the sponsor's behalf. Name of Organization•FH Chamber of C'ommPrc-P Telephone: R 17-1 6 S 4 Address of Headquarters Description of Event Annual Great- Fa i r Purpose of Event: Fundra i cPr Liv Location of Event: Avenue of the Formta i *1S & S=gul.nn $V (Attach map or diagram of area to be used for event) Date of Event:Feh 76-2R Beginning Time: 1 n A M Ending Time: S P M What portion of the roadway if any, will the event oCCUpy27P//a$kovie-'a to LaMontana-F1Lago to Saguaro Please close Saguaro-El Lago to Parkview & Av of Fountains @s • In p m on Tht,rcriay, 9/9c/00 uto day, 341 /99 @ 6 a.m. Estimated number of persons, vehicles (and types, i.e. cars, trucks), animals, etc. participating: 1 3n, nnn 4R(1 arti c1c Do you anticipate a need for the Town to provide any of the following: Please Note: The Town Marshal(or designated official) may establish requirements that may include (but are not limited to)personnel for emergency,traffic and crowd control,traffic control • devices,and other services and equipment deemed necessary for the protection of event attendees as well as the community as a whole. • Personnel• To'u+ Mash.1 Supplies and Services: Av of Fountains to be swept before & after Event —Thursday a m 74 5 anti Monday, 1/1 Vehicles and Other Equipment- • X . . . . s (to_ _• _ LA MONTANA_ _ _ DRIVE _ _ _ 1 �J ' ' '; I i r "✓r , ' . i ✓° i I I ; I ii m D J C. > �' i I 1 ` �' i i > ft 7 AFC 1 r I I I;D j I i -I m 1 I 1 j I j 1 j i CO - \ S O ti -1 L C iSN `�•-- , > -� r-- r c� -Si -- I m D \ Xi -, ,• (1 f I ( ;cn VERDE RIVER DRIVE --__T�--r-tri.. r ti I _ I r----' r _-_: m .I •1 IZ /'m\' amr . � i ; 0 ZC m n m i m 7 r-i1 . ..... L. ; L. ,i L:-- _1 > D I j - - 1 I. U. U C -- J_I l� , , j/J�l yL, I ' ' _ SAGUARO BOULEVARD , ' ; ,i ;r •,••,,s, , .._.. ) ( ,-,-, . �� 1' 'I 1 Z f G \ '1 , 00,0 q 3 Fu,v7A/& o i 20 Fes 7/ v)a C. 9 o T <,� unioysep�or / e N� Pei r a r'J L Highs school 4'W'I/A1,STOp S105 r+ tifk WAY STOP . p'qC/s` TRAFFIC LIGHT Lo ca+con S 4,7 c� tea: Ct—I - 1 °-9 U PggKV/EW Id SUNFLOWER DRIVE ce Church . AVENUEpFTHEFpUIVTgIN3 O jjGOBi Vp. O Q Or ELLAGO BLVD. O • Church L v N., FOUNTAIN ,v HILLS 4 6 7 GsTREE 600• � � � N KIN �� QP�- _.`N°g�vo l C°urSe INDIAN WELLS DR. O - .gillsG° f j pi Xa-wq F to v SroPY 441 tiFa Bivo, �' ��' 4 tla YaR / \. + AGS-�GNUS ,ti Qti --0,,g 4 44tk Mountain TRAFFIC— Eagle LIGHTS A G Golf Course I.et b ‘ ..-- - Iik(4"6 t tiii A P 0 s &rs) L frl A P 0 7p A FF/ c... 4-. pAaetrau- • ---....-...._.. .. ._ . _�.US 0_1- 1 1-_c‘ MONTANA_ DRIVE _ ; 1-7 I 1 f I 1 r' 1 1 1 11 1 1 1 i 1 I I I 1 ' .-- .1 L: ,`.. 1 IQ Cry---� { ; -J { 1 n n I I ' I h 1 Li ; ; 1 1 1 1 11 1 f1 1 I I I 1 1 I 1 { i 1 I L I 1 ; i I 1 I 1 ;! 1 , 1 ,1 N. ' I 1 I .1 D r1 I { l 1 , 1 �;_ ,`� < 1 I r1 ITl j r F ` 1.1 _.. -0 Z I ;(,ti ., { { 1� 1 I D rn l �� ; 1 I i ix;> I ! r 1 1CD li L 0 1 Pi III rt r• ; { q r uII .-1%---ifil M 1-"--1 l , M L1 • ) ; I 1 j R. 1` ' I Cl) )E RIVER _ • —'--�`-2 - _ RNE --. a_ ( .T �♦ /- 11 i ; 1 1 r/ i .- .\ I l I 1 )1 I 1 I 1 I r'---J i r-10 L1: .—) rn Pf- -- c,--,rnr; i•--- in ! ] ri SIM 1 1.1 I._� 1 z I1 r 11 1 r L.- i D 1 , I z I 1 1 CA 1 ; ' 1 1 1 igia t . JA, �I 1 - L ,1 1 .0. ..,. I I ,) I { \ 1 L SAGUARO -------------------------- -a'1 BOULEVARD ! 1 ! • (Or LH MVIV 1 HIVH UniVC _Z! 1 J ,0111 ,I f ) 1 t Lr---� ; I 7 ,j 1 ! � i �I. r a8; ' II ! I I r=----% , r,1 ham,;-- f I i iI ! 1 f � i� i f I• I Iff n I II1 D Z I I f D1 f 1 1 f (A -1 rn 1 f L' J 1 2[ f .�; f 1 D D,46., . —i rj (f) �c 0 --"- ) --1 %.—Z_. :71111_1t, .-- 44.c--ra. VERDE RIVER _ RIVE J ' I. I t i I ( ZIT- ' I z, ; '--`J a -, D 1 , pm r r r - - -1> .---_� '-------- r c m i - r Irn '1.' la` CO IZ1, I 1 0 m t IC ; I r D o I inn I� 1 ti I 1 C 0 [-1 1 Z rJ • •1 I r c:--,_i D :ice I r 1 1, I _ I II I l 1 I 1 L. J I. --- 1 II � I v 1 - 11 I 1 1 t 1 I J -7 1 1 ' 1 ; I 1 ► I j - ., SAGUARO BOULEVARD ;) I "I` I j :. Jan 26 99 11 : 05a t Eagle Property Management 602-955-3522 p. 2 Jan 05 99 t :26p Eagle Property Management 602-955-3522 P• 2 (ow PERMIT fur USE OE PR1V ATF.LAND OWNED BY TRACT 208 PROPERTY OWNERS ASSOCIATION.INC. Name of Organirrtion/Ft.rrtr Fc iin to i n w T f CvtnlnetCe Sharon Mot an Contact Person: ,� Addre:.i _PO Box 17598 Fountain Hills 85269 —.- Telephone-_837-t,6 54 Pu:po!-c. Great £ Ome: 2/26-28 ^199 9 Arcaltcyutrcd- 208 Property bordered by avenue Of Fountains/LaMontana Park Concessions' Yes No X Gist Spee al Information on Event,The requested ,ar is r a peer parking and also insuring that any vendors operating in this area_are Cor officially part of the Fountain Festival. • ing Spcciat Movisions Some for the merchants staeci_al parking need -- I(WO agree to abide by the recorded"neclaration of Reservations"of Tract 2U8 Property Owners' Assoetatiuu.Inc.,any rule:.and regulations developed by the association, special provisions listed herein,and will he responsible for the conduct of the above listed group and any damages as a result cnt,Inc.,and Tract�08 Property Owners' Gimlet's use. I(We)agree io hold Eagle progeny M,ura�►u AssI)crtttott,Inc.harmless-ftum any accident or injury claims that arise from our use of the premises. Prior to any use. a certificate of insurance, in an antatnt not less dun S2,000,000, naming the Association and its agents as additional.insureds,shall be submitted to:Eagle Property Management. Inc 3875 r 44'"Sire' Suite IOZ,Phoenix, A 85018. ta i47 Signs . -9i1, I e: Approved: Date: ZA Th:s permit is revocable at any time by Tract 208 Property 0 nets' Association,Inc.,or their authorized representative, Fe: for use of thr area(s)of S 02D D o-l a received on ' 1 99� —" —• r Copy of thtg form shall act as a rccc'rt oo � � Town of FOUNTAIN HILLS Parks and Recreation Department Facility Use 1454 I. estop Q 16836 East Palisades Boulevard•P.O.Box 17958 •Fountain Hills,AZ 85269 �al;g Telephone •(602)837-2003 Fax•(602)837-3145 PLEASE PRINT FACILITY REQUESTED, SPECIFIC LOCATION FOUNTAIN PARK SEE ATTACHED MAP • USE DATE(S) HOURS(Include set-up and takedown time) 2/24/99 — 3/1 /99 FROM 5s#$l Toll MIDNIGHT ' EVENT PLANNED NO.ATTENDING(Include full attendance for length of event) GREAT FAIR 130,000 FOR ENTIRE EVENT ORGANIZATION/GROUP FOUNTAIN HILLS CHAMBER OF COMMERCE RESPONSIBLE PARTY PHONE(Home) PHONE(Work) SHARON MORGAN 837-8264 837-1654 ADDRESS CITY ZIP PO BOX 17598 FTN HILLS 85269 Will there be an admission fee,donations taken,tickets sold,or items or services sold? J YES111 NO If YES,explain FOOD CONCESSIONS AND CARNIVAL RIDE TICKETS Will there be any large equipment moved onto the park premises (i.e.tables,stage,trailers,other)? r a YES 0 NO If YES,explain RELATED VEHICLES FOR CARNIVAL & HOT AIR BALLOONS pill alcohol be served? a YES 'El NO Will alcohol be sold? El YES [J NO If YES,explain Will vendors be used?e YES NO If YES,explain CANDY APPLE CARNIVAL (ie,caterer,band,other) I have read,understood, and agreert abide by the own of FOUNTAIN HILLS Park Rules outlined on the reverse side. l fli (17 /if SIGNATURE OF RESPONSIBLE PAR f� ,...#14''''F 161 ORGANIZATION FOR OFFICE USE ONLY • , , , f..., Use Fees: �2. ,9, -.C� d .• ,-T..t 1 i t c__ ,'I-- .. Area to be left clean and damage free.Facilities to be claimed within 30 minutes of requested start time. Alcohol Permit(s): $10.00 per sold separately. One permit valid for up to 50 drinking adults;different individual. NO GLASS CONTAINERS. Staff Comments '-t t.r .(1),proved :277 , `"<"--" ~~---- A-1 Date 1 " 6.1 - `+`1 ` `J Director of Parks'and Recreation • iii aT ,z�`�u'`� '�' '�tSr'x'+ca3' � ,� � ��i � �' 'm'5�.� ay �` i�^'�^k ,�' !� #'{4Mc�. ..�r .. '��": �. K � r k� ; � 1 r `£-af'' �tt'S lift lI l rF --- 3 �= `>aW a w, 1 a �� ,Wie'n "x y� '� x. � E � ,txv "FF ""� xi�^.,�>�s"�"`^7 � ,�'C..�r>, mJG� � zit Date Received ':�ei m R ved � efu Amoun lac Refer Cl .e d , ap ; i <:. .:,,.,, .:.xaY o..,a:. , .,,a .;Mx.E.. i:ftWit:e.;3a`ce3"","rYsa,Cta.3»:':GXi«a:�.�xa^fca:<r�2e mu ."c..;o:alb;:,;. alla:s >. za.:s,»M;• `w <,'uw:»mtizs'?sa,:k w i White-Office Log Canary-Field Supervisor Pink-Parks Operations �� Gold-Customer Printed: 25-Jan-99 IU:40AcL1 User:6lucyices Fountain Hills Parks and Recreation Rental Confirmation tract#: 463 User: bhughes Date: 25-Jan-99 Status: Firm Fountain Hills Chamber of Commerce P.O.Box 17598 Fountain Hills AZ 85269 i) Purpose of Use Special Event Great Fair ii) Conditions Of Use Clean-up immediate area of use. iii) Dates And Times Of Use #of Bookings:7 Starting:24-Feb-99 Ending:01-Mar-99 Exp.:3000 Facility Day Start Date Start Time End Date End Time Fee Extra Fee Total Fountain Park-Southwest Section Wed 24-Feb-99 06:00 AM 24-Feb-99 11:00 PM $400.00 $0.00 $400.00 Fountain Park-Southwest Section Thu 25-Feb-99 06:00 AM 25-Feb-99 11:00 PM $400.00 $0.00 $400.00 Fountain Park-Southwest Section Fri 26-Feb-99 06:00 AM 26-Feb-99 11:00 PM $400.00 $0.00 $400.00 Fountain Park-Southwest Section Sat 27-Feb-99 06:00 AM 27-Feb-99 11:00 PM $400.00 $0.00 $400.00 Fountain Park-Southwest Section Sun 28-Feb-99 06:00 AM 28-Feb-99 11:00 PM $400.00 $0.00 $400.00 Fountain Park-Northwest Section Sun 28-Feb-99 06:00 AM 28-Feb-99 11:00 PM $400.00 $0.00 $400.00 Fountain Park-Southwest Section Mon 01-Mar-99 06:00 AM 01-Mar-99 11:00 PM $400.00 $0.00 $400.00 iv) Additional Fees v) Payment Method Rental Fees Extra Fees Rental Total Total Applied Balance Current $2,800.00 $0.00 $2,800.00 $0.00 $2,800.00 $2,800.00 vi) Other Information Area to be left clean and damage free. Facilities to be claimed within 30 minutes of requested start time. Page 1 of 1 L ..... nATE C ) pip;;;; ;.: •• ,::.::.;:.;;:;;:: THIS CERTIFICATE...IS ISSUED ASAMATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE (100,Acordia of Arizona HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR 3020 E. Came I b ae k Rd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 200 COMPANIES AFFORDING COVERAGE Phoenix, AZ 85016 if COMPANY 602-381-2800 A Nonprofits InsuRR ICE$tjf WSUNED COMPANY Fountain Hi I Is Chamber of Comm B JAN f X Judy Tekesky COMPANY js9S P.O. Box 17598 CPIN IIVT/UN HILLS Fountain Hills , AZ 85269 COMPANY TOWN CLERK .::::::�:::::.:D " . ::::...,3KP:{,.. iA5E. S:ckf3T.,:::QF::::1?(3.3(9.@:."....:.:.:::.::::.:.::.;;: :_: T HIS ISTOCERTIFY THAT THE POLICIES OF INSURANCE LIST EDBELOWHAVEBEENISSUEDTOTHEINSURED NAMED ABOVE FORT HE POLICY PERIOD INDICATED.NOT WIT HST ANDINGANYREOUIREMENT.TERMORCONDITIONOF ANYCONTRACT ORO T HERDOCUMENT WITHRESPECT TO W HICHTHIS CERTIFICATE MAY BE ISSUED OR MAY PERT AIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEITIvIS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTC DATE(MMIDDIYY) DATE(MMIDDIYY) GENERALLIABLITY OEIERAL AGGREGATE 8 2000000 A X COMMERCIALGEIERALLIABILITY NIA1803466 7/31/98 7/31/99 PRODLICTS•COMP/OPAGG t 2000000 ili CLAIMS MADE E OCCUR PERSONAL L ADV INJURY $ 1000000 OWIER'S L CONTRACTOR'S PROT EACH OCCURRENCE 8 1000000 FIRE DAMAGE(Any one fire) = 100000 MED EXP.(Any one person) t EXCLUDED AUTOMOBILE LIABILITY COM€ G INED SINE LIMIT $ ___ ANY AUTO ALL OWNED AUTOS BODILY INJURY— = SCHEDULED AUTOS (Per Perms) — HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) _ PROPERTY DAMAGE $ GARAGE LIABLITY AUTO ONLY •EA ACCIDENT $ — ANY AUTO OTHER THAN AUTO ONLY: — EACH ACCIDENT = AGGREGATE _ EXCESSLIABLITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE t OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND I STATUTORY LIMITS EMPLOYERS'LIABLITY EACH ACCIDENT _ THE PROPRIETOR/ INCL DISEASE•POLICY LIMIT = PARTIERS/EXECUTIVE OFFICERS ARE: EXC. DISEASE•EACH EMPLOYEE $ OTHER DE*CRIPTION OF OPERATIONSILOOATIONS(VEHIOLESISPEOIAL ITEMS SEE ATTACHED ADDENDUM "A" FOR ADDITIONAL INSURED WORDING. THIS COVERAGE EX— TENDS TO ALL EVENTS AT THE FAIR INCLUDING THE BALLOON FESTIVAL. ALL PARTICI— PANTS WILL HAVE EVIDENCE OF INSURANCE ON FILE WITH THE CHAMBER. ......................................................................... inigna SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WLL ENDEAVOR TO MAL THE TOWN OF FOUNTAIN HILLS 2 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, (tie P.0. BOX 17958 BUT FALURE TO MAL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABLITY FOUNTAIN HILLS, AZ 85269 of ANY maiiiiii UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHOR.•. i"3 ATIVE e 000358000 L ADDENDUM A ATTACHMENT TO CERTIFICATE OF INSURANCE DATED JANUARY 12, 1999 NAMED INSURED: FOUNTAIN HILLS CHAMBER OF COMMERCE % JUDY TEKESKY P.O.BOX 17598 FOUNTAIN HILLS,AZ 85269 CERTIFICATE HOLDER: The Town of Fountain Hills P.O.Box 17958 Fountain Hills,AZ 85269 EVENT: The"Great Fair"Fund Raiser for the dates February 26,27,28, 1999 ADDITIONAL INSURED: The Town of Fountain Hills AUTH it ,ED REPRESENTATIVE DATE L TO: Cassie Hansen FROM: Steve Gendler Lj DATE: January 28, 1999 SUBJECT: Special Event Request - 1999 Great Fair The purpose of this memorandum is to endorse the attached special event request from the Fountain Hills Chamber of Commerce. The request covers the annual Great Fair scheduled for February 26th through 28th. It is my understanding that this will be considered at the Council session on February 4th. I am recommending approval of this request based on the following factors: 1. Sharon Morgan, Event Coordinator for the Chamber of Commerce, has provided all insurance and liability coverage consistent with previous years. A copy of the insurance certificate is attached. 2. I have met with fire officials to work out an emergency medical services plan to include in recommendations to the Chamber of Commerce. All public safety provisions will be addressed under that plan and I am satisfied with its components. 3. Traffic and parking provisions have been arranged in conjunction with the Sheriff's Office. The Marshal's Department will provide traffic control in the area around the event with help from the Posse, and handle parking in the north lots. A private vendor will handle parking in the south lots. 4. Security along the Avenue of the Fountains will be provided by the Marshal's Department while MCSO personnel will be stationed in the park and on Saguaro under a law enforcement plan being submitted to Sharon Morgan,event coordinator. In addition, the Marshal's Department will assume overall responsibility for all security at the event. 5. Sharon Morgan has made arrangements to contract for a sign and marking program which will direct visitors to the event. This has been reviewed and approved by my department. 6. Provisions have been made with Pat Harvey for traffic barricades to close Saguaro at El Lago and Parkview. In addition,Avenue of the Fountains will be closed at Verde River Drive and La Montana Thursday, Friday and Saturday nights. In addition to the items outlined above, the Chamber of Commerce has secured concurrence from the plat 208 property owners association, secured a permit for use of the park, and has notified their members whose businesses will be effected by street closures, detours and parking. I believe the event is well planned, will reflect credit on our community, and represents an opportunity for civic clubs, social groups, and town merchants to benefit. I recommend approval. FOUNTAIN HILLS GREAT FAIR 2/28/99 (1.0 Fountain Hills, Arizona PILOT STATEMENT OF RESPONSIBILITY TO: The Fountain Hills Chamber of Commerce, its Trustees, Directors, Officers, Agents, Officials, Organizers, & All Sponsors and Hot Air Balloon Competition Officials herein known as the FHGF. I am aware and agree with the responsibility legally transferred to me under the Federal Aviation Regulations as regards my personal decision to fly my balloon, and any bodily responsibility and liability. Officials & organizers of said event may supply information, guidance or data, but I understand that I act or rely on all such information at my own peril and that the FHGF assumes no responsibility for the completeness or accuracy of such information. I further understand that I am participating in the Fountain Hills Great Fair of my own free volition and that I accept the rules and regulations and any changes and additions. I further agree and understand that none of the flights are mandatory, and that I will make all flights at my option and in my discretion as pilot-in-command. I understand and agree that the organizers and sponsors of this event are providing me with the facilities and means for my participation in this event, but in no way do they supersede the responsibility of the pilot-in-command as shown under the FAR's. I will have and maintain in full force an aviation insurance policy with the minimum limits of either 1) $100,000/300,000 minimum bodily injury, 50,000 minimum property damage; or 2) $300,000 minimum single limit. I further agree to have in full force during the event an aviation insurance policy in the amount of $50,000 minimum passenger liability for each passenger I carry. The hot air balloon I will be flying is current in regards to it's annual or 100 hour inspection and will be airworthy throughout this event while in operation. I have completed a BFR (FAR 61.57a) within two years of this event and I will be current with respect to FAR 61.57c (90 day rule). ACCEPTED BY: Signed: Date: 2/28/99 Participating Pilot Print or Type Name: Witnessed By: Date: 2/28/99 Print or Type Name: cor ,,, CHAMBER OF February 12, 1999 COMMERCE TO: Rob — Parks and Recreation FROM: Sharon Morgan RE: Park Set-UP —Great Fair '99 Rob, just a few points and reminders regarding the park set-up for the Great Fair this year. The dates for the Great Fair are February 26th — 28th The Candy Apple Carnival will be in the park beginning Wednesday, the 24th through Monday, March 1st. Therefore, the park grounds should be as dry as possible. I will leave to your judgement when the last day is that you will have the sprinklers on in the park. They will need water and electrical (?) hook-ups. Please remove the painted trash cans from the carnival area and along Saguaro Blvd. The trash bags we have are not made for this size containers and when filled with trash fall to the bottom and our people cleaning up can not empty them. The Chamber has trash cans we will put out for the Great Fair. On Sunday, the 28th, we will be having the Hot Air Balloon Race. The balloons usually take off around 7:00 am weather and wind conditions permitting. The Fountain is usually on for take-off. I will be in communication with you via cellular telephone between 6:00 am and 6:30 that morning. DO NOT turn the fountain on unless you have been given the GO AHEAD from ME that morning. If and when the fountain is turned on it must stay on until all the balloons are launched. Again I will let you know when it is okay to shut the fountain down if you wish. As in the past if there is damage beyond normal usage to the park the Chamber will pay for repairs. However, any bill for damages should be received by the Chamber no later than the third week of March. We will be closing the books for the Great Fair shortly after April 1st As we get closer to the 24th I will introduce you to the head of the Candy Apple Carnival operations and also give you the number for the cellular telephone I will be using throughout the Great Fair. If questions come up please do not hesitate to get in touch with me. Cc: F. Ferrara, P. Affolter, J. Tekesky, P. Nordin, C. Hansen and R. Goodman Fountain Hills Chamber of Commerce• P.O. Box 17598 • Fountain Hills,Arizona 85269-7598• (602)837-1654 • FAX(602)837-3077 r i p J/'.i u t tz Irawrta of lkomaasalaa A Nki ao= ,� mote • Special Event Request Cc: Po* N. 1\i,l.me of Event Coordinator. Ed Z e r a m b o -�1C* s: 15306 Golden Eagle Blvd . Fountain Hills , Arizona 85268 Tel4.7,1one (residence.. .6 2?:.. 7- 0� ;si 'Xi the event is designed to be held on bche. rah person other than the applicant,the applicant m'pply written authorization from the€ze.voi-•%iHon sp a coring the event,dated not more than 'O days before the application,authorizing the at i liciati to apply.for;.he permit on the sponsor's behalf. Nam,* of Orgainization! Su n r i c a K i wan i 'la,.b._w__ TeleP��'Aofie:_ Address of Headquarters:— p_ OB 17691 Fountain H ills Arizona 85269 DescriptionofEvent: Mountain to Fountain 15K and 5K running race , sixth pose of Event: Fund raiser for the Sunrise Kiwanis Club of Fountain Hills Location Event: Fountain Park , see attached map and . description (Attach map or diagram cf au Z to hc.used for event) L'a e of Event:. 2 7 F e h i 9 9 9Beginning Time._ 5 . 3 n am Ending Time: 1 0: 30 am Thi i'pnrt+.on of the roadway, if any, will the evens oc:up F 7 Fountain Hills • Blvd . t o Saguaro Blvd . to Fountain Park , see map and description Estiviatk:ci number of persons, vehicic (and types, Lt., car, ,-ru ,)+, =,it'.fsaals: etc. participating: ._J.00,..x-atnners , 30 vel ualx_e _ .. Do yc;' z `.icipate a need for the Town to prmidt. any of tha tcil�n,rr : Plana Not. The Tow:.Mershal(o.dee'.gtaated off r.id)rra C ,i u,;;t omuirements that may include (but are rAet lizoited -�rer,c_��•�1 for e n urge: , ff� ane f ro•i,d control,traffic control devices,and othz.aereic.er rar:£gs ipatzu.t{? :r(11 7...::erslry for the protection of event attendees as ;:!':!1 kts! site C.^L;1:'\7unis.f:4 2, V!hoh. • • ?ttsonnel• The, Race Committee_ has contacted and reserved the services the Town Marshall ,-r ._�_..__,_y�.�.��__. Supplies and Services: Vehicles and Other Equipment. �� L Mountain to Fountain Race Day Schedule Fountain Hills Schedule: 5:30 a.m. The Start/Finish area is located at the flag pole on Saguaro Blvd., between the Avenue of the Fountains and Stewart Vista Ave., see the map. All race day volunteers will meet at the flag pole at 5:30 a.m. The finishing chute and registration tables will be set up at this time. 6:30 a.m. Race day registration opens, runners begin to arrive. Parking for the runners will be located in the lots between El Lago Blvd., Stewart Vista Ave. and the Ave. of the Fountains, west of Saguaro Blvd. Directions to the parking sites will include signs attached to the Great Fair signs beginning on Shea Blvd. and leading to the parking area. 7:00 a.m. Three Town Marshall's will come on duty beginning at 7 a.m. The Marshall's have been retained from 7 to 10 a.m. Their primary purpose is to provide traffic control for the 15k and 5k races. One Marshall will be located at the intersection of Fountain Hills Blvd. and Saguaro Blvd.; Saguaro Blvd. and Grande Blvd.; and Saguaro Blvd. and Palisades Blvd. Also at this time, buses will begin to leave taking the 15k runners to the start of their race in the McDowell Regional Park. These buses will be located on El Lago Blvd. west of Saguaro Blvd. 7:30 a.m. The last buses for the 15k race will depart. The 5k race will begin. The runners will be running a course counter clock wise around the Fountain Park beginning near the finish line, see the map. This race consists of two loops around the Fountain Park. 7-8:00 a.m. With the aid and direction of the Town Marshall's the 15k course will be marked. The 15k course enters Fountain Hills on Fountain Hills Blvd., makes a left turn on to Saguaro Blvd., see the map. Course markings will consist of traffic cones to provide separation between the runners and automobiles; and chalk direction arrows where necessary. Also, an aid station will be set up along Fountain Hills Blvd., near Club Mirage, consisting of one portable table and approximately 4 volunteers. The volunteers are responsible for the clean up of the area after the race concludes. 8:00 a.m. The 15k race will begin in the McDowell Regional Park. The first 15k runners will enter Fountain Hills at approximately 8:30 a.m., completing the course by 8:50 a.m. The Race Course officially closes at 10:00 a.m. At this time the finishing area will begin to be removed. (WV 8:30 a.m. The awards ceremony for the 5k race will begin. The ceremony is located at the finish line in the Fountain Park. 10:00 a.m. The awards ceremony for the 15k race will begin. 10:30 a.m. At this time all race activities will be concluded. It is anticipated that the race course and finish area will be removed by this time, or very nearly so. L L • MnwrHiRc. / �/ tb Z (4.Qr t� W�! , ..,rroc ,.,446,4, �'?• s i< • 44,, -find!„ i le o fM vol.F 4 w ,� prn[rwsM war CCIi :f. ,Ce O R qq g. ► °C LOP 1 .'-% fWill,001116,11: ril t 1 • 1• "oowdtM\i ` . N oil ■ N IM RSOC MM us► On Ai*g011 \V ./.-6;4#1' A 10,H- ,:liorft / , 't•.90.er 1 •....& . 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M • -••••••//7) SHEA ikie ilir "'N.. ` \ 7., Town of N'el Fountain Hills MD �!� �►�� Town of Fountain Hills Memorandum TO: Cassie Hansen FROM: Steve Gendler DATE: January 25, 1999 SUBJECT: Special Event Request - Mountain to Fountain Race The purpose of this memorandum is to endorse the attached Special Event Request from Sunrise Kiwanis. As envisioned by the event organizers, this race has two components; a 15k from the Pinnacle Peak area to Fountain Park, and a 5k around Fountain Park. The event is scheduled to coincide with the Chamber of Commerce "Great Fair" and would take place on a Saturday morning so as not to interfere with the balloon lift or other morning events relating to the fair. After reviewing the plans, as well as our previous experience with this event, I do not believe it will take any additional street closures or changes in traffic patterns since the barricades will already be in place for the Great Fair. I have worked with Mr. Ed Zerambo, the Kiwanis coordinator, and the race course has been modified to avoid conflicts on Saguaro,in the area of the park, which will be in use for the Great Fair. The race organizers have moved their registration tables as well as the starting and finish lines south to the area near the flag pole. They have also agreed to use the fire lane in the vicinity of Saguaro and Avenue of the Fountains as part of the course rather than disrupt vendor activities that morning. Based on previous experience, these changes will reduce conflicts with the fair while placing race participants and spectators inside the protective bathers we have established on El Lago at Saguaro. If this event is approved, the Marshals Department will provide traffic control points at Fountain Hills and Saguaro, Grande and Saguaro, and Saguaro and at Palisades. The race plan, as submitted by the Kiwanis Club calls for the event to conclude at 10:00am which coincides with the opening of the Great Fair. This represents some concern due to the impact on traffic and parking for the Great Fair. However, experience has shown that the races themselves will be concluded early enough to reduce the possibility of accidents. I recommend approval. `------"----;) it,_ Steve Gendler, Marshal RECEIVED �o. t� JAN 2 2 199S kt FOUNTAIN HILLS. o o q 11® ®¢ ®a�{aLlul� I�t111111a TOWN CLERK 0 ";.I= oF• t:� e:n. 4° Special Event Request that is Ai''- Name of Event Coordinator v m / ' k , L'E ( `;�Es f/9 �-'Jc) Address: /�� `a Al 4 y f'4wE'v R, < 0 x / /71'1 Z J Pvutt ) Iu H, ll! SS" g-d 9 Telephone: (residence) 6U 0'e3 / (business) a ��3 ') — S lg If the event is designed to be held on behalf of any person other than the applicant,the applicant shall supply written authorization from the organization sponsoring the event,dated not more than 90 days before the application,authorizing the applicant to apply for the permit on the sponsor's behalf. Name of Organization-v r,`'' /!' 4 E Me e ,9 r1�/I"`-( S 3 9 ,.a ,-ig Telephone Address of Headquarters:. ,' 1/•� ti U LI/v 1 ))-/-( kiv. Description of Event: ii rl f S A O w . D1 /4 E/l A Purpose of Event `° � r S ill � �,c 4/f�' ,N �/1 � /C,/✓1 L v Location of Event: /,v<, 0 0 ,'�/l ;, 1 ��.1 l U t, R vt, v f /- . /C,ti►4,\A (Attach map or diagram of area to be used for event) Date of Event , d '2`I Beginning Time: 9' o U rv' c< ; U U ein Ending Time: What portion of the roadway, if any, will the event occupy' iV UNf • Estimated number of perfro ns, vehicles (and types, i.e. cars, trucks), a ls, etc. pa ipating: 0 'T' ) 'S � /t, (2-. t' iA /1 � leg 2. a '7. Do you anticipate a need for the Town to provide any of the following: Please Note The Town Marshal(or designated official)may establish requirements that may include (but are not limited to)personnel for emergency,traffic and crowd control,traffic control devices,and other services and equipment deemed necessary for the protection of event attendees as well as the community as a whole. AfPersonnel•kw Supplies and Services: /v Vehicles and Other Equipment• ,Ale (lire 1-19-99 TOWN COUNCIL TOWN OF FOUNTAIN HILLS COUNCIL MEMBERS SOUTHTIQUE MERCANTILE HAS PERMISSION FROM THE FOLLOWING BUISNESSES TO PUT ON AN ART& CRAFT SHOW IN THE PARKING LOT AT 16810 E. AVE. OF THE FOUNTAINS FEBUARY 26,27,28,1999 9A.M.-6 P.M. SINCERELY, /V /�yry 4-6249l2o JIM HEASLEY 1. ALL CREATURES PET SUPPLY lJ� 2. NOVA RECORDS efd4 c 7 3. MERLE NORMAN 4. FOUNTAIN HILLS PRO PHOTO 5. K GROUP DEVELOPMENT L . . ( OWNER OF PROPERTY) el 1 41,__ � L c--Ix' i-vi-ictc,(_ __ MIQ--Ektin L2._ qr•fci'-7v; (----.. . r_.•1—'-': .�..y.••.. •...•. ••..•.••a♦.• ••--••••••••••••••.--.a-- _ •.... .(1/4%\40.. • 1+ 1 ♦1♦ _ - •1 ✓ CO el4 li . /' I 0 I I • 1 I I �: t 1 O�"� i O^ 1 t ` ( ._ e ••1•••......•_1, [ f .._,__ E � fj f. . r c L ( i �__ f . I[ v----- • , • �,� f, . _..... �3� 3 3� 3 "► d t , -\.c .•r 1 , ` , ,j, t i 14-;a,-- "•1 ....n....._....... 1 ::[ 1 eAk'd.Os •B.I •1 r •� C 3I--Y . ),1 ,31 ) qo '_.'; t (... , 111 - 'CMr — si 1 1 k r t> : ♦r • l �" it 1 c3 t 1 I ! , _ {�10 "V 1 l. . [ '1 1 �.-› ) DO • i: r.1 -.• I I 0 I • I 16 e` • rl t I I i 11 • ' N‘411NeNh..4"4‘.•••.:.../. -..‘ .1'.4 !i — 'Y....)": . .r I aT 3 ...:._ \44414.11. 0 \ o• ti ao• oot ao'.N • z3aoot "..1\ 34.r t' /d /x � o� rn ‘�t. TO: Cassie Hansen , FROM: Steve Gendler DATE: January 25, 1999 SUBJECT: Special Event Request - Southtique Mercantile Executive Summary The applicant, Jim Heasley, has submitted a "special event permit" covering a "mini art fair" in the Southique Mall parking lot to coincide with the Chamber of Commerce "Great Fair" on February 26th-28th. This event would not use town property, town services,or require any street closures. In addition, he has secured written permission from the other businesses that use the parking lot. Background Information 1. This special event request is scheduled to go before the Council at the meeting of February 4th. Although the Fountain Hills Chamber of Commerce has not yet submitted a request, the dates indicated on Mr Heasley's request coincide with the planned "Great Fair" on the Avenue of the Fountains. Obviously, the purpose of the Southtique event is to take advantage of the advertising, promotion, traffic control, entertainment, and vendors arranged by the Chamber of Commerce for their event. 2. The Southtique event does not require any municipal services or public road closures. It is scheduled on private property in the parking lot serving the merchants of that particular shopping center. The applicant has secured permission from those merchants who would be affected by loss of the parking lot. 3. Southtique Mercantile has a valid business license,#0299, and town code allows quarterly outdoor bazaars which could take place under that license. 4. The Southtique event has occurred in conjunction with the Chamber of Commerce Art Fair in November and the Great Fair last February without incidents or complaints. Recommendation Since public property and municipal services are not involved, I question whether a special event permit is even required. Since the Southtique application falls within the area traditionally covered by the Chamber of Commerce special event permit for their Great Fair, I recommend that the applicant simply coordinate his arrangements with the Chamber. The Marshals Department finds no reason why this application should not be granted. ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL ,,,tie RECEIVED 800 W Washington 5th Floor 400 W Congress#150 ., Phoenix AZ 85007-2934 ;� :� JAN 2 8 1999 Tucson AZ 85701-1352 L (602) 542-5141 � *,� Founlrary Hies TOWN CLERK (520) 628-6595 APPLICATION FOR SPECIAL EVENT LICENSE Fee=$25.00 per day,for 1-10 day events only A service fee of$25.00 will be charged for all dishonored checks(A.R.S.44-6852) PLEASE NOTE: THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. DEPT USE ONLY **APPLICATION MUST BE APPROVED BY LOCAL GOVERNMENT LIC# 1. Name of Organization: #9 Al E (2 1 6- A ti i)o S % 2. Non-Profit/I.R.S.Tax Exempt Number: CJ 6 - 1 3. The organization is a: (check one box only) ❑ Charitable Fraternal(must have regular membership and in existence for over 5 years) ❑ Civic ❑ Political Party,Ballot Measure,or Campaign Committee ❑ Religious 4. What is the purpose of this event? 2 (.) IA, 6 f- U ^/I-) l/ 5. Location of the event: 16 S 5 O E A U�• D F 1�ti 5 r/i✓ , / �' M, pKey,1 f 5 5- Address of physical location(Not P.O.Box) City County Zip Applicant must be a member of the qualifying organization and authorized by an Officer,Director or Chairperson of the Organization named in Question#1. (Signature required in section#18) 6. Applicant: C a)N? /3 N ,t/E%) • ///-o/H Last First Middle Date of Birth 7. Applicant's Mailing Address: / 7 O 3 (✓A 14-i_ U r I C''Pe r f! v /( H S i �3 91' y Street City State Zip 8. Phone Numbers: (;;e a) 37 SY- (Lc)) f 3 7- :) y 3 e/'4.) 7 �-�.— Site Owner# Applicant's Business# Applicant's Home# 9. Date(s)&Hours of Event: (Remember.you cannot sell alcohol before 10:00 a.m.on Sunday) Date Day of Week Hours from A.M./P.M. To A.M./P.M. Day 1: 4 G % 9 A.4 /e /:711. Day 2: 1- 7 1 S /4 1 y -vi /c% PA 4. Day 3: �- / /9i S CIA/ /p ✓)A4 7 P.4-4. Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: try 0106 11/1998 *Disabled inividuals requiring special accommodations,please call the Department SPECIAL EVENT LICENSED PREMISES DIAGRAM (This diagram must be completed with this application) CSpecial Event Diagram: (Show dimensions, serving areas, and label type of enclosure and security positions) NOTE: Show nearest cross streets, highway, or road if location doesn't have an address. NI L SPECIAL EVENT LICENSED PREMISES DIAGRAM (This diagram must be completed with this application) Special Event Diagram: (Show dimensions, serving areas, and label type of enclosure and security positions) NOTE: Show nearest cross Streets, highway, or road if location doesn't have an address. NOTE: Sp = SECURITY FCISIT10US 7iffjt�: TEMisRRRY -BARRIER FT Nt6H N'1 -PA-RKI►JG LOT ti :r 1 5' ►i- 10' r 3 5' - - -_. ---- - ,, S I D E WALK _ � -Am,. ` I MEALS O eaR RESTROoIA ° : -\ -SERvirtc, AREA -- \ °0000000 LAME:CAM LEG10KI RUlLIIINE, 0 is`50 E.AvE c,F Ti4E >=ouarrAlk1 UITE 4-102-� APPRDY. 60o'Sa.�T.) `"WOMENS j'RESTROOM / ---A / c‘j •I , ,, . f - v a 00 \ 0 \\ co 7MHY/4 k11//, LD I z 0 (147 W � R'cs°' AMERICAN LEGION 5 POST#58 I, % —4 FOUNTAIN HILLS, ARIZONA <f- 16850 Avenue of the Fountains /�'� �tll•' `�� (602)837-5958 TO WHOM IT MAY CONCERN. The following businesses located at 16850 Ave of the Fountains have no objections to the American Legion being granted an extension of premises for a special event on the following dates : V4.6/ 0-,) 3/4- 5' SHEAR POINT HAIR DESIGN TIME -IN RESIGN • SN" R`" AMERICAN LEGION ^ia2= POST#58 FOUNTAIN HILLS,ARIZONA �-- 16850 Avenue of the Fountains G 10?�`, It�1 (602)837-5958 1/27/99 Arizona State Liquor Dept The American Legion Post 58 agrees to suspend their #I4 Liquor License for the following dates 2/26 , 2/27, 2/28 , 1999. : -O ' Richard La Pents. Club • L Fountain Hills Memorandum TO: Cassie Hansen FROM: Steve Gendler i "J DATE: January 28, 1999 SUBJECT: Special Event Liquor License - American Legion The purpose of this memorandum is to endorse the attached special event liquor license submitted by the American Legion Post of Fountain Hills. It is my understanding that this issue will go before the Council at their meeting on February 4th. I am recommending approval based on the following factors: 1. The American Legion Post has a valid class 14 (club license) in place at 16850 Ave of the Fountains. According to the state liquor department, organizations with a class 14 license are permitted up to 10 days per year in which they are eligible for a special event license allowing public liquor sales. At all other times, the class 14 allows sale to members and guests only. A review of the record indicates that this will represent only the first three days of the 10 allowed in 1999 under the exemption provisions. 2. During the 9am-l0pm time frame, the permit covers ory the area specified in the application. This is an important point since the diagram appears to indicate the facility at 16850 Ave of the Fountains as well as a portion of the parking lot are part of the application. According to the liquor department, including the facility in effect suspends the class 14 in place at this time and replaces it by the special event permit for those hours specified. The American Legion officials apparently understand that since they have included a written statement foregoing their class 14 license during the special event period. 3. In previous investigations, we have found that the American Legion has met all the legal requirements under the Arizona Revised Statutes for a liquor license and temporary permit. This included covert monitoring by state liquor agents and overt monitoring by the Marshals Department to ensure compliance with provisions of the special event license. Nothing has been found which would prohibit granting of this permit. In a matter separate from the liquor investigation, I have noticed that the permit appears to cover several common use areas on private property. This includes parts of the sidewalk and parking lot. As a precaution against a possible protest, they have included statements from neighboring businesses granting permission to access the common use area for this special event. JAN-21-99 04 :20 PM REASONABLE FACSIMILE 602 970 3717 P. 01 p ,' C. �udC . o 'Tama ®¢ IF® j RECEIVED ce, ._ SCatt t.• Special Event Request JAN 2 2 199S �t�atia FOUNTAJN HILLS TOWN CLERK Name of Event Coordinator h, J d 1 n So V\ , G iGt U Lf ✓af 1-0 C. Address: / 80 06..1c., ki4G V el Dr 4. 8s 2 Telephone: (residence) 992-6 9 35' 3 (business) 9 2 6 9 If the event is designed to be held on behalf of any person other than the applicant,the applicant shall supply written authorization from the organization sponsoring the event,dated not more than 90 days before the application,authorizing the applicant to apply for the permit on the sponsor's behalf. Name of Organization: Telephone: Address of Headquarte/► Description of Event: C a G 5 Ay rne3 1 4" 'e 12Gc Purpose of Event Ri% C Location of Event; vl/9 U C B/ /Ai I )U N 4c4-441.--5 ' 64 opt h ci IL xi9144(I) (Attach map or diagram of area to be used for event) / Date of Event:_.3f 0/56 Beginning Time: %0 0 G M Ending Time: /7'DO /Git 0 What portion of the roadway, if arty, will the event occupy? • r- Estimated number of persons, vehicles (and types, i.e. cars, trucks), animals, etc. participating: / 006 — Savo Do you anticipate a need for the Town to provide any of the following: Pleass Noce: The Town Marshal(or designated official)may establish requirements that may include (but are not limited to)personnel for emergency,traffic and crowd control,traffic control devices,and other services and equipment deemed necessary for the protection of event attendees as well as the community dieassa whole. / Personnel- r 5 i re &e kl �' c a Supplies and Services: Vehicles and Other Equipment. JAN-21-99 04 :21 PM REASONABLE FACSIMILE 602 970 3717 P. O' Special Event Request • Page 2 of 2 LIABILITY RELEASE AND INDEMNIFICATION AGREEMENT AND AGREEMENT TO FURNISH INSURANCE As a condition to, and in consideration of the issuance of this requested permit, the applicant hereby agrees to procure and maintain insurance coverage protecting all aspects of activities involved in the permit. Such insurance shall cover public liability and property damage, including product liability if applicable,and shall include coverage for owned and non-owned autos,for all claims for damages for personal injury or death and property damage arising out of the activities for which this permit is issued. Such insurance to be in limits of not less than$1,000,000 combined single limit personal injury and property damage. The certificate of insurance reflecting this coverage shall name the Town as an additional insured as respects this Special ve it. C l /Z- 99 ignature f App can Agent Date of Application Name of Insurance Company. 0 yJ Policy# Aielreis Policy Dates: 3/13 159 (DO NOT WRITE BELOW THIS LINE -OFFICE USE ONLY) Certificate of Insurance Filed: YES NO Approval by Town Marshal. ` Date: / Comments: 7-7�; Notification of Local Fire Department: _ Date:Contact Name & Title- Arrangements Made: • Notification of Sheriff's Department: Date Contact Name & Title: . Arrangements Made: Final" (royal by T ou i Y B • / Title• rn oY Date: '`1—9 5 iiii JAN-21-99 04 :21 PM REASONABLE FACSIMILE 602 970 3717 P. 03 41 ilt" ROTHERS Event Description for the Cactus Cup in the Town of Fountain Hills You may want to look at the copy of the town map attached as you read the following event description. We believe a race course on The Avenue of the Fountains between Verde River and La Montana would be ideal. Additionally we propose using an area adjacent south of Avenue of the Fountains now 65'wide semi-smooth dirt for the BMX Dirt Jump. Spectator parking is planned for Section 208. We would like to use the south side of the Avenue of the Fountains between Verde and Saguaro for a competitor's pit/exhibition area. This would be open to spectators so they can see the competitors prepare themselves and their equipment for their event. The main area for Food,Beverages and Entertainment is proposed for the grass median in the middle of the race course on Avenue of the Fountains and on the south BMX jump/kids event area. This allows great viewing and crowd control,We plan,if sponsorship or the city participation will allow,a pedestrian bridge over the race course creating the start and finish. We would lice to start the day with a Kids Rodeo at 11:30 a.m. Saturday March 13, 1999.This event would be on the east-bound side of the Avenue of the Fountains south of the center median.Kids races are then planned for 2:00 p.m.along the BMX jump area just to the south. Then the BMX Dirt Jump,3:00-4:30. All these events will require The Avenue of the Fountains to be closed between La Montana and Verde, However,La Montana can stay open,competition fencing along with appropriate traffic control barricades can completely block the closed area and . then be moved to form the street course turns for the Police Challenge at 4:30. We plan an electronic message sign on east-bound Shea trough out our entire event directing traffic into Fountain Hills using Saguaro. Signage to direct parking is planned for all roads (addition to all event Signage). We will fence the course including the two turns,the intersection Verde and Fountains and La Montana and Fountains. Race fencing need not be done until those events take place starting 4:00 p.m.ending around 8:00 p.m. However,it seems good to plan Verde closed between Stewart and halfway to Parkview(or all the way if access to businesses can be from behind)starting Saturday Morning. Later,La Montana could be closed after the Post Office closes from Stewart to halfway to Parkview,allowing business parking from La Montana. We would like to have the south side of Avenue of the Fountains on the race course closed starting Friday morning allowing set-up. If necessary, a plan could be made for two-way traffic on the north,westbound side of the street. We would then be done Saturday Night and the road re-opened. Additional signage directing spectators and competitors will be planned for northbound and southbound Saguaro,La Montana and southbound at the closing of Verde. Parking is now planned Parcel 208 per Shelly Johnson, MCO Properties. GRAVITY BROTHER,INC. •1801 E CATAMARAN DR•GILBERT AZ 86234•(602)926-4009 FAX(602)507-4990•TEAMORAVr1 AOL•COM Fountain Hills Memorandum TO: Cassie Hansen FROM: Steve Gendler, Marshal DATE: June 9, 1998 SUBJECT: Special Event Liquor License - Sunrise Kiwanis The purpose of this memorandum is to endorse the attached special event liquor license submitted by the Sunrise Kiwanis Club for the "entertainment" portion of the Cactus Cup on March 13th. The event organizers anticipate that alcohol will be available in conjunction with the planned entertainment. It is my understanding that this will be considered by the Council at their meeting on February 4th. Background A review of the application indicates that the Sunrise Kiwanis is filing for this permit under the "non-profit" category. Based on the provisions of ARS 4-203.02, they would, in effect, be awarded a class 15 license for their event. Two important provisions apply. The first is that 25% of the gross revenues from the alcohol sales must go to the non profit organization; and, second, that the alcohol must be purchased from a qualified off-premise sale source rather than a wholesaler. The requirement that the alcohol be purchased from a qualified retailer is outlined in R19-1-250(a) and specifies that the source have a class 6,7,9, or 10 license such as Walgreens, Price Club, Bashas, or Safeway. Qualifying organizations that apply for a special event liquor permits are restricted to a total of 10 days per year under the provisions of R19-1-244. This application represents only the first of the 10 days allowed in 1999. Recommendation Based on the fact that the Sunrise Kiwanis qualifies as an exempt organization; that the organizer of the event, Rick Johnson of Gravity Brothers, has indicated he is aware of the 25% gross alcohol revenue provision; and, that they are in compliance with provisions of ARS 4-203.02, I recommend approval by the Council at their February 4th meeting Steve Gendler Marshal Chron 14 MEMORANDUM TO: Honorable Mayor and Town Council FROM: Art Cand laria, Engineer/Plan Reviewer" REVIEWED: Ra y L. rrel, Town Engineerfi.tia- 8h THROUGH: Pau L in, Town Manager DATE: Janu ry 13, 1999 RE: Easement Abandonment 99-01; Resolution 1999-07 Plat 505D, Block 3, Lot 1 George &Carol Roberts This item on the Town Council's agenda is a proposal to abandon the twenty (20) foot public utility and drainage easements located at the southerly property line of Lot 1, Block 3, Plat 505D, (15529 East Centipede Drive) as shown in exhibit"A". Permanent structures were recently built, without a building permit, within the 20'wide P.U.E. & D.E. during the month of November 3, 1998. The property owners were cited and a "stop work"order was executed and is currently in effect. With an easement abandonment and the approval of construction plans the existing structures could remain and construction could then resume. Lot 1 is at the high end of the block and adjacent to a wash designated as Parcel "C" in Plat 505D. Drainage runoff will not have any adverse effect on the existing structures. The property owners of Lot 1 desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. Staff has received no comments to date from the adjacent property owners. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 1 are required to pass the developed flows generated by the upstream lots across their property. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. Staff recommends adoption of Resolution 1999-07 cc: George & Carol Roberts Robert& Janet Thune G:\Easement Memo\EA99-01,Roberts,Plat 505D,Blk 3,Lot I.doc Town of Fountain Hills Memorandum DATE: January 29, 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. 1111•9 • 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. 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. L OAIN k F�� Town of FOUNTAIN HILLS • fdT.19b9 • that Is AAtioes January 19, 1999 The Honorable Mayor and Town Council TOWN OF FOUNTAIN HILLS P.O.Box 17958 Fountain Hills,Arizona 85269 Re: Consideration of an application to rezone 101.85 acres from "R-3 RUP", "R-4" and "R-5" to "R 1- 61 PUD" Zoning District, a Cut and Fill Waiver and Preliminary Plat for Diamonte Del Lago Subdivision,Case Numbers Z98-17,CFW98-01 &S98-032. Dear Mayor and Town Council: On Thursday, January 14, 1999, the Fountain Hills Planning and Zoning Commission met to consider a Rezoning application, a Cut & Fill Waiver and a Preliminary Plat for Diamonte Del Lago Subdivision project to be located east of Saguaro Blvd., south of El Pueblo and north of Puerto Del Lago and Arriba Del Lago subdivisions. The area under review is located in a previously unplatted parcel of land to the north and east of"Hotel Hill". The applicant for this development is Sivage-Thomas Homes. The Commission voted 7-0 to recommend Town Council approval the project. The Commission felt that the project was well designed. On the original preliminary plat submittal the development came to within a few square feet of meeting the hillside preservation regulations using the "net" methodology. During the December 10, 1998 Planning and Zoning Commission meeting, several changes to the plan were requested by the Commission and staff in response to public input. Once these changes were made it was determined that even more hillside disturbance was proposed. Due to the fact that most of this added disturbance was the result of changes requested by staff and the Commission, the Commission feels that the original "net" hillside preservation calculations should be applied to the project. The Commission felt that any undisturbed land above the minimum required, regardless of the hillside calculation methodology utilized, should remain with the Diamonte Del Lago project in order to meet the requirements for the proposed PUD and not transferred to the Fountain Summit Condominiums or any other development. Sincerely, Leesa Fraverd,Chairwoman Fountain Hills Planning and Zoning Commission 16836 East Palisades Boulevard,Building C-P.O.Box 17958-Fountain Hills,Arizona 85269-(602)837-2003-FAX:(602)837-3145 TOWN OF FOUNTAIN HILLS STAFF REPORT JANUARY 29, 1999 CASE NO.: S98-032,Z98-17,CFW98-01 LOCATION: A portion of the "Lakeside" property, located north of the Puerto Del Lago subdivision,north and east of the Arriba Del Lago subdivision, south and west of the Mirage Pointe and Plat 303 subdivisions and south of the Mirage Heights subdivision. REQUEST: Consideration of a Preliminary Plat, a Development Agreement, a rezone and cut/fill waivers for the Diamonte Del Lago subdivision. DESCRIPTION: OWNER: MCO Properties, Inc. APPLICANT: Sivage-Thomas Homes EXISTING ZONING: "R-5", "R-4" and "R-3 RUP" PROPOSED ZONING: "R1-6A PUD" PARCEL SIZE: 101.85 Acres PROPOSED NUMBER OF LOTS: 163 Lots SURROUNDING LAND USES AND ZONING: NORTH: Developed multi-family and single-family developments in the Mirage Heights and Plat 303 subdivisions zoned "R-4" and "R1-10". SOUTH: The Puerto Del Lago subdivision, zoned "R 1-6A PUD". EAST: Fountain Park, the Arriba Del Lago subdivision, and undeveloped and unplatted land, zoned "R-190", "R-3 RUP" and "R-5". WEST: The Fort McDowell Indian Reservation. SUMMARY: This request by Sivage-Thomas Homes is for approval of a preliminary plat, a development agreement, and a rezone and for a cut/fill waiver for the Diamonte Del Lago subdivision. The proposed preliminary plat would subdivide the 101.85-acre property into 163 lots. The proposed rezone would rezone the site from the "R-5", "R-4" and "R-3 RUP" Zoning Districts to the "R 1-6A PUD" Zoning District. A cut/fill waiver is also requested to allow for many areas where proposed road and lot grading exceed 10 feet in height. A development agreement is also requested to allow for the subdivision to deviate from several regulations contained in Town ordinances. Town Council Staff Report Diamonte Del Lago January 29, 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 fkiw Diamonte Del Lago January 29, 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 29, 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 Diamonte Del Lago January 29, 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. (kir,e 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 29, 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 11160, acceptable to the Town Engineer. Town Council Staff Report Diamonte Del Lago January 29, 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 29, 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. 23. Eliminate Lot 6 or revise the grading plan for Lot 6 to show the proposed pad to observe the required ten-foot rear yard setback. L DIAMONTE DEL LAGO kiie 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 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 (iiime\JOTE: 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 ot.sslon. ALLOWABLE •.a i Sa DISTURBANCE 100% 30% 20% 10% // do AREA 49927 28556 43158 4214 .- ¢ 21549 DAVID R. EXCESS DISTURBANCE 4207 -12244 8858 2561 o I- -) ER, • / i •lion•d, .•••. TRANSFER(DOWN) 11419 -8858 -2561 Se,�owA / " FROM NORTH-SOUTH 825 NET EXCESS ALLOWED 0 0 0 TOWN OF FOUNTAIN HILLS 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 and February 4, 1999. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA AS FOLLOWS: Ordinance 99-03 - 9 Page 1 of 2 ASS/ AIL N 1:t -10S SECOND arr (- COUNT 7"-v 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 4th day of February, 1999. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: L lit Or" Sharon Morgan,Mayor Cassie B. Hansen,Town Clerk REVIEWED BY: APPROVED AS TO FORM: / egg aul L. or in,Town Manager William E. Farrell,Town Attorney ,,,, Ordinance 99-03 Page 2 ............................. • PROPOSED R1-6A P.U.D. 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Air--.• • - 3:=2p nC. .%IC)./ 0ir.*K 36 ;e. :�°;..� Attachment "A" Kw. • .- . 4IIII1III' ii% COLONY WASH -�.....\ o V Q SCALE: P=d00' ,0 ' _® p 9 i, LEGAL DESCRIPTION DIAMANTE DEL LAGO A PORTION OF SECTION 11 AND 14, 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 THE SOUTHWEST CORNER OF PARCEL "C" OF ARRIBA DEL LAGO AS RECORDED ON JULY 14, 1988 IN BOOK 323 OF MAPS, PAGE 30 OF THE RECORDS OF MARICIPA COUNTY, SAID CORNER BEING THE EASTERLY RIGHT OF WAY OF PANORAMA DRIVE, THENCE DEPARTING PANORAMA DRIVE, NORTH 36 DEGREES 58 MINUTES 20 SECONDS EAST ALONG THE BOUNDARY OF SAID ARRIBA DEL LAGO, A DISTANCE OF 123.40 FEET; THENCE NORTH 67 DEGREES 37 MINUTES 43 SECONDS EAST A DISTANCE OF 128.04 FEET; THENCE NORTH 58 DEGREES 15 MINUTES 07 SECONDS EAST A DISTANCE OF 236.11 FEET; THENCE NORTH 77 DEGREES 46 MINUTES 47 SECONDS EAST A DISTANCE OF 275.23 FEET; THENCE NORTH 07 DEGREES 58 MINUTES 36 SECONDS EAST A DISTANCE OF 158.79 FEET; THENCE NORTH 24 DEGREES 24 MINUTES 40 SECONDS EAST A DISTANCE OF 316.87 FEET; THENCE NORTH 19 DEGREES 31 MINUTES 02 SECONDS WEST ALONG THE BOUNDARY OF SAID ARRIBA DEL LAGO A DISTANCE OF 229.82 FEET; THENCE NORTH 10 DEGREES 17 MINUTES 34 SECONDS WEST, A DISTANCE OF 285.95 FEET; THENCE SOUTH 49 DEGREES 13 MINUTES 42 SECONDS WEST A DISTANCE OF 322.31 FEET; THENCE SOUTH 88 DEGREES 21 MINUTES 01 SECONDS WEST A DISTANCE OF 230.09 FEET; THENCE SOUTH 54 DEGREES 49 MINUTES 00 SECONDS WEST A DISTANCE OF 101.11 FEET; THENCE NORTH 86 DEGREES 21 MINUTES 42 SECONDS WEST A DISTANCE OF 115.61 FEET TO THE NORTHWEST CORNER OF ARRIBA DEL LAGO; THENCE NORTH 70 DEGREES 05 MINUTES 39 SECONDS WEST A DISTANCE OF 50.00 FEET TO THE NORTHWEST CORNER OF VISTA DEL LAGO RIGHT OF WAY, SAID CORNER BEING THE BEGINNING OF A NONTANGENT CURVE, HAVING A RADIUS OF 725.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 70 DEGREES 05 MINUTES 39 SECONDS WEST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05 DEGREES 15 MINUTES 25 SECONDS AN ARC LENGTH OF 66.52 FEET; Attachment "B" LEGAL DESCRIPTION DIAMANTE DEL LAGO PAGE 2 TO THE MOST NORTHEASTERLY CORNER OF FOUNTAINHEAD AT LAKESIDE VILLAGE CONDOMINIUMS PHASE I & II FINAL REPLAT AS RECORDED IN BOOK 332, PAGE 42 OF THE RECORDS OF MARICOPA COUNTY, SAID CORNER BEING ON THE WESTERLY RIGHT OF WAY OF VISTA DEL LAGO AS RECORDED IN DOCUMENT NUMBER 88-299903 OF SAID RECORDS; THENCE DEPARTTING SAID RIGHT OF WAY, NORTH 69 DEGREES 10 MINUTES 28 SECONDS WEST ALONG THE BOUNDARY OF SAID FOUNTAINHEAD A DISTANCE OF 219.10 FEET; THENCE DEPARTING SAID FOUNTAINHEAD,NORTH 01 DEGREES 55 MINUTES 09 SECONDS EAST A DISTANCE OF 405.34 FEET; THENCE NORTH 36 DEGREES 18 MINUTES 38 SECONDS WEST A DISTANCE OF 300.67 FEET; THENCE NORTH 19 DEGREES 34 MINUTES 18 SECONDS WEST A DISTANCE OF 171.50 FEET; THENCE NORTH 24 DEGREES 04 MINUTES 16 SECONDS WEST A DISTANCE OF 274.74 FEET; THENCE NORTH 45 DEGREES 28 MINUTES 05 SECONDS WEST A DISTANCE OF 143.54 FEET; THENCE NORTH 20 DEGREES 25 MINUTES 33 SECONDS EAST A DISTANCE OF 118.97 FEET; THENCE NORTH 10 DEGREES 32 MINUTES 00 SECONDS WEST A DISTANCE 55.00 FEET; THENCE SOUTH 79 DEGREES 28 MINUTES 00 SECONDS WEST A DISTANCE OF 45.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 550.00 FEET; THENCE ALONG TH ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08 DEGREES 18 MINUTES 55 SECONDS AN ARC LENGTH OF 79.82 FEET; THENCE SOUTH 87 DEGREES 46 MINUTES 55 SECONDS WEST A DISTANCE OF 290.00 FEET; THENCE NORTH 79 DEGREES 02 MINUTES 33 SECONDS WEST A DISTANCE OF 85.04 FEET TO THE NORTHEAST CORNER OF THE RIGHT OF WAY LINE OF LA MONTANA DRIVE AS SHOWN ON THE SECOND RE—PLAT OF RANCHO MONTANA AS RECORDED ON APRIL 26, 1995 IN BOOK 395 OF MAPS,PAGE 41 OF THE RECORDS OF MARICOPA COUNTY; THENCE DEPARTING LA MONTANA DRIVE, NORTH 49 DEGREES 51 MINUTES 52 SECONDS WEST ALONG THE BOUNDARY OF SAID RANCHO MONTANA, A DISTANCE OF 44.54 FEET; THENCE NORTH 07 DEGREES 38 MINUTES 08 SECONDS EAST A DISTANCE OF 330.00 FEET; THENCE NORTH 03 DEGREES 41 MINUTES 52 SECONDS WEST A DISTANCE Caw OF 150.00 FEET; Attachment "B" LEGAL DESCRIPTION DIAMANTE DEL LAGO PAGE 3 THENCE NORTH 31 DEGREES 41 MINUTES 52 SECONDS WEST A DISTANCE OF 290.00 FEET; THENCE NORTH 40 DEGREES 38 MINUTES 08 SECONDS EAST A DISTANCE OF 80.00 FEET; THENCE NORTH 67 DEGREES 38 MINUTES 08 SECONDS EAST A DISTANCE OF 120.00 FEET; THENCE NORTH 08 DEGREES 21 MINUTES 52 SECONDS WEST A DISTANCE OF 6.42 FEET TO THE SOUTHWEST CORNER OF MIRAGE HEIGHTS CONDOMINIUMS AS RECORDED ON APRIL 4, 1995 IN BOOK 394 OF MAPS, PAGE 21 OF THE RECORDS OF MARICOPA COUNTY; THENCE DEPARTING RANCHO MONTANA, SOUTH 71 DEGREES 05 MINUTES 00 SECONDS EAST ALONG THE BOUNDARY OF SAID MIRAGE HEIGHTS CONDOMINIUMS A DISTANCE OF 808.97 FEET; THENCE SOUTH 81 DEGREES 55 MINUTES 40 SECONDS EAST A DISTANCE OF 460.59 FEET; THENCE NORTH 44 DEGREES 46 MINUTES 06 SECONDS EAST A DISTANCE OF 273.89 FEET TO THE MOST WESTERLY CORNER OF FOUNTAIN HILLS ARIZONA FINAL PLAT NO. 303 AS RECORDED ON MARCH 8, 1972 IN BOOK 147 OF MAPS, PAGE 4 OF THE RECORDS OF MARICOPA COUNTY; tikow THENCE DEPARTING MIRAGE HEIGHTS CONDOMINIUMS, SOUTH 30 DEGREES 10 MINUTES 00 SECONDS EAST ALONG THE BOUNDARY OF SAID PLAT 303, A DISTANCE OF 1274.60 FEET; THENCE SOUTH 48 DEGREES 37 MINUTES 05 SECONDS EAST A DISTANCE OF 356.85 FEET; TO THE RECORDED CORNER OF MIRAGE POINT AS RECORDED IN BOOK 323 OF MAPS, PAGE 3 OF THE RECORDS OF MARICOPA COUNTY; THENCE DEPARTING SAID PLAT 303, SOUTH 29 DEGREES 50 MINUTES 29 SECONDS WEST ALONG SAID MIRAGE POINT, A DISTANCE OF 331.16 FEET; THENCE SOUTH 19 DEGREES 15 MINUTES 47 SECONDS EAST ALONG THE BOUNDARY OF SAID MIRAGE POINT A DISTANCE OF 163.46 FEET; THENCE SOUTH 19 DEGREES 33 MINUTES 31 SECONDS WEST CONTINUING ALONG SAID BOUNDARY LINE AND ITS PROLONGATION, A DISTANCE OF 215.53 FEET; THENCE SOUTH 62 DEGREES 00 MINUTES 39 SECONDS EAST A DISTANCE OF 321.30 FEET; THENCE SOUTH 28 DEGREES 52 MINUTES 21 SECONDS EAST A DISTANCE OF 512.37 FEET TO THE WESTERLY LINE OF THE FORT MCDOWELL INDIAN RESERVATION; THENCE SOUTH 06 DEGREES 28 MINUTES 49 SECONDS WEST ALONG SAID RESERVATION LINE A DISTANCE OF 899.99 FEET TO THE NORTHEAST CORNER OF PUERTO DEL LAGO AS RECORDED ON APRIL 20, 1995 IN BOOK 395 OF MAPS, PAGE 19 OF THE RECORDS OF MARICOPA COUNTY; Attachment "B" LEGAL DESCRIPTION DIAMANTE DEL LAGO PAGE 4 THENCE DEPARTING SAID RESERVATION NORTH 73 DEGREES 31 MINUTES 11 SECONDS WEST ALONG THE NORTHERLY LINE OF SAID PUERTO DEL LAGO, A DISTANCE OF 309.98 FEET(RECORD 310.00 FEET); THENCE SOUTH 51 DEGREES 56 MINUTES 02 SECONDS WEST A DISTANCE OF 349.31 FEET; THENCE NORTH 31 DEGREES 18 MINUTES 35 SECONDS WEST A DISTANCE OF 280.00 FEET; THENCE SOUTH 73 DEGREES 41 MINUTES 25 SECONDS WEST A DISTANCE OF 259.41 FEET; THENCE SOUTH 54 DEGREES 03 MINUTES 35 SECONDS WEST A DISTANCE OF 293.85 FEET; THENCE NORTH 89 DEGREES 40 MINUTES 26 SECONDS WEST A DISTANCE OF 154.94 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF PANORAMA DRIVE, SAID POINT BEING ON A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 442.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 89 DEGREES 40 MINUTES 27 SECONDS EAST; THENCE DEPARTING SAID PUERTO DEL LAGO, NORTHERLY ALONG THE EASTERLY LINE OF SAID PANORAMA DRIVE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06 DEGREES 49 MINUTES 33 SECONDS AN ARC LENGTH OF 52.66 FEET; THENCE NORTH 06 DEGREES 30 MINUTES 00 SECONDS WEST A DISTANCE OF 404.84 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 542.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07 DEGREES 36 MINUTES 40 SECONDS AN ARC LENGTH OF 72.00 FEET TO THE SOUTHWEST CORNER OF AFOREMENTIONED ARRIBA DEL LAGO, THE POINT OF BEGINNING. 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WHEREAS, The Town of Fountain Hills is located in Maricopa County,Arizona; and WHEREAS, Title 9, § 500.05 of the Arizona Revised Statutes allows a municipality such as the Town of Fountain Hills to enter into a development agreement relating to a property in a municipality, such as the Diamonte Del Lago subdivision; and WHEREAS, The development agreement is consistent with the Town of Fountain Hills General Plan. NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills,Arizona, as follows: SECTION 1: That, pursuant to Title 9, § 500.05 of the Arizona Revised Statutes, the Town of Fountain Hills hereby adopts the Diamonte Del Lago Development Agreement, as shown in Attachment "A", incorporated herein by reference. SECTION 2: That the Town Manager, Town Attorney and Town Clerk are hereby authorized and directed to take any and all actions and to sign any documents necessary to execute the Diamonte Del Lago Development Agreement. SECTION 3: This resolution shall become effective 31 days after the affirmative vote of the Town Council. Resolution 1999-06 PASS/ AIL - Y-4 9 Page 1 of 2 ON flep SECOND ma COUNT -7_p PASSED AND ADOPTED this 4th day of February, 1999 by the Mayor and Common Council of the Town of Fountain Hills,Arizona. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED: r / Sharon Morgan, Mayor Cassie B. Hansen,Town Clerk REVIE D BY: APPROVED AS TO FORM: ///jitt,t,'N Paul L. o din,Town Manager William E. Farrell,Town Attorney Resolution 1999-06 Page 2 of 2 Town of Fountain Hills Memorandum DATE: February 3, 1999 TO: The Honorable Mayor and Common Council �l FROM: Jeffrey Valder, Community Development Director THROUGH: Paul L. Nordin, Town Manager SUBJECT: Development Agreement for the Fountain Summit Condominiums Attached is the proposed Development Agreement for the Fountain Summit Condominiums. Community Development staff has reviewed the document. The Town Attorney has also had the opportunity to review the Agreement. The applicant has made a change to the proposed preliminary plat. The applicant has reduced the number of units from 69 to 68 units. The applicant has also clarified that building height for the units on top of the hill will be single-story, but 20 feet high. There will be one unit, unit 215 that is located near the end of the cul-de-sac driveway in Phase 2, that will be built on top of a stem wall as high as nine feet tall, making the rear building plane of that unit as tall as 29 feet high. The following units have higher stem wall heights in Phase 2, on top of the hill: • Unit 228, 5' to 6' high stem walls. • Unit 227, 7' high maximum stem wall. • Unit 218, 6' high maximum stem wall. Other than the construction of the hiking trail, staff understands that the applicant's commitment to one-story buildings on top of the hill was one of the major reasons the Council was considering the hillside disturbance transfer from the Diamonte Del Lago subdivision. One of these buildings will be built only one foot lower that the 30-foot maximum building height allowed in the "R-5" Zoning District and would be as tall as most two story buildings currently within the Town. Staff wanted to clarify this point to ensure that the Council understands that one story means, in this case, that buildings will not be built in the 14-18 foot range that one might assume but as high as a typical two- story building. L Town Council Memorandum Fountain Summit Condominiums February 3, 1999 Page 2 of 2 Lir Based on the "gross" methodology for calculating maximum hillside disturbance and with a hillside disturbance transfer of 55,000 square feet from the Diamonte Del Lago subdivision, the subdivision meets the hillside preservation standards of the subdivision ordinance, according to the applicant's engineer. Attached is the revised hillside disturbance table from Montgomery Engineering. I have also included attached a"net" methodology calculation table. Under the "net" methodology and with the 55,000 square foot hillside disturbance transfer from the Diamonte Del Lago subdivision, the preliminary plat shows an excess disturbance of 7,708 square feet in the 10-20% slope band and would therefore not be in accordance with the hillside preservation standards of the subdivision ordinance To date the Town has not received a sealed legal description for the property that is needed as an attachment to the Development Agreement. The revised preliminary plat and grading plan for the subdivision showing the most recent changes are also attached. L FEB-02-99 TUE 03 :41 PM P. 02 469 FOUNTAIN SUMMIT SLOPE STUDY (8') 3PLEX 212/98 PARCELS 10 + 10A SLOPE 0-10% 10-20% 20-30% >30% TOTAL EXISTING AREA 340225.7 365536 385954 171241.3 1262957 R-O-W DISTURBED 18487 8998 2239 921 DISTURBED AREA 256302 153693 91719 12340 ALLOWABLE DISTURBANCE 100% 30% 20% 10% AREA 340225.7 109661 77191 17124 EXCESS DISTURBANCE 83924 -44032 -14528 4784 TRANSFER DOWN 4784 -4784 NET EXCESS DISTURBANCE 83924 -44032 -9744 0 30147.45 44032 + 9744 = 53,776 SF //LL°'oeeloRy\ c 215a9 DAVID MONTGOMERY • 4'4 ..... L FOUNTAIN SUMMIT NET METHODOLOGY (All Numbers in Square Feet) SLOPE BAND 0-10% 10-20% 20-30% 30%+ TOTAL TOTAL AREA 340,225.7 365,536.0 385,954.0 171,241.3 1,262,957 ROAD DISTURBANCE (EXEMPT) 18,487 8,998 2,239 921 30,645.0 NET RESIDUAL 321,739 356,538 383,715 170,320 1,232,312 DISTURBANCE %ALLOWED 100% 30% 20% 10% PRESERVATION AREA REQUIRED 0 249,576.6 306,972.00 153,288.27 709,836.9 DISTURBANCE AREA ALLOWED 321,739 106,961.4 76,743.0 17,032.0 522,475.4 PROPOSED DISTURBANCE 256,302 153,693 91,719 12,340 514,054.0 EXCESS (SHORT) 65,437 -46,732 -14,976 4,692 TRANSFER DOWN -4,692 EXCESS (-SHORT)AFTER TRANSFER 65,437 -47,732 -14,976 0 TRANSFER FROM DIAMONTE -4,692 DEL LAGO (55,000 SF) -40,024 14,976 EXCESS (-SHORT)AFTER TRANSFER 65,437 -7,708 0 0 L TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin,Town Manager FROM: Geir Sverdrup, Senior Pl DATE: December 11, 1998 SUBJECT: Preliminary Plat&Development Agreement for Fountain Summit Condominiums. Please find attached the Planning and Zoning Commission report for the Fountain Summit Condominiums subdivision. The applicant for this application is Dan Kauffman of Four Peaks AZ. L.L.C. On Thursday January 28, 1999 @ 4:55 p.m. the applicant resubmitted a revised slope analysis for the project bringing the project closer to compliance with the Hillside Preservation requirements of the Zoning Ordinance and the Subdivision Ordinance of the Town of Fountain Hills. Staff has not had adequate time to review the analysis to discuss in this memo and report. The applicant's attorney has informed staff that the applicant will present a revised plat at the Town Council meeting. The applicant's unit count may drop by one or two units. As of 4:00 pm Friday January 29, 1999 staff has not received a copy of the proposed development agreement or the legal description and therefore cannot speak to it in this memo or report. The attached Resolution 1999- 08 lacks both the Development Agreement and the legal description. The Planning and Zoning Commission heard this application at the January 14, 1999 Commission meeting. The general consensus of the Commission was that they liked the design of the project, however the project could not meet the requirements for land disturbance and hillside preservation. Therefore the Commission recommended denial of the project. The project is dependent on a transfer of unused land disturbance in the Diamonte Del Lago project to bring the project in compliance with the land disturbance and Hillside Preservation requirements. The Commission felt that the Diamonte Del Lago project required the unused hillside preservation to remain in that project to be in compliance with the P.U.D. requirements. The Commission recommended that the undisturbed hillside should not be transferred to Fountain Summit Condominiums or any other development. Due to the Hillside Preservation deficit the Planning and Zoning Commission recommend denial of this project. Please refer to the attached Planning and Zoning Commission report and P&Z Chairman letter for additional details regarding these requests. L TOWN OF FOUNTAIN HILLS RESOLUTION 1999-08 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING THE FOUNTAIN SUMMIT CONDOMINIUMS DEVELOPMENT AGREEMENT. WHEREAS, The Town of Fountain Hills is located in Maricopa County, Arizona; and WHEREAS, Title 9, § 500.05 of the Arizona Revised Statutes allows a municipality such as the Town of Fountain Hills to enter into a development agreement relating to a property in a municipality, such as the Fountain Summit Condominiums subdivision; and WHEREAS, The development agreement is consistent with the Town of Fountain Hills General Plan. NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona, as follows: SECTION 1: That, pursuant to Title 9, § 500.05 of the Arizona Revised Statutes, the Town of Fountain Hills hereby adopts the Fountain Summit Condominiums Development Agreement, as shown in Attachment "A", incorporated herein by reference. SECTION 2: That the Town Manager, Town Attorney and Town Clerk are hereby authorized and directed to take any and all actions and to sign any documents necessary to execute the Fountain Summit Condominiums Development Agreement. SECTION 3: This resolution shall become effective 31 days after the affirmative vote of the Town Council. Resolution 1999-0A - - 9 9 Page 1 of 2ION 11/_411, rn ow�r H __. _.. 11--(3 n ti Y1 av, PASSED AND ADOPTED this 4th day of February, 1999 by the Mayor and Common Council of the Town of Fountain Hills, Arizona. FOR THE TOWN OF FOUNTAIN HILLS: A1"1'hSTED: /aVt,"/(./OA, 84(1 (11142t1-QiI )J0.444.,..,. Sharon Morgan,Ma yor ayor Cassie B. Hansen,Town Clerk REVIEWED BY: / APPROVED AS TO FORM: /1 / � 7, Paul L. 1,6riin, own Manager William E. Farrell,Town Attorney L L. Resolution 1999-00 Page 2 of 2 '4' 11 s Town of FOUNTAIN HILLS f'8T.19$ 'that is WO January 15, 1999 The Honorable Mayor and Town Council TOWN OF FOUNTAIN HILLS P.O. Box 17958 Fountain Hills, Arizona 85269 Re: Consideration of a Preliminary Plat for Fountain Summit Condominiums a 69-unit condominium project, Case Number S98-034. Dear Mayor and Town Council: On Thursday, January14. 1999, the Fountain Hills and Y Planning Zoning Commission met to consider a Preliminary Plat for Fountain Summit Condominiums a 69 unit condominium project to be located at the southeast corner of Saguaro Blvd. and LaMontana Drive. The area under review is located in a previously unplatted parcel of land which includes "Hotel Hill". The applicant for this permit is Dan Kauffman of Four Peaks AZ, L.L.C.. The Commission voted 7-0 to recommend Town Council denial the project as submitted. The Commission generally felt that the project was well designed. However the Commission could not recommend approval because the project was not in compliance with the land disturbance requirements of the Subdivision Ordinance of the Town of Fountain Hills. Last night the Commission also considered Diamonte Del Lago subdivision. The applicant proposes to receive a transfer of approximately 55,000 square feet of undisturbed hillside from the Diamonte Del Lago subdivision. The Commission felt that any undisturbed land above the minimum required should remain with the Diamonte Del Lago project in order to meet the requirements for the proposed PUD and not transferred to Fountain Summit Condominiums or any other development. The Fountain Summit project has an 80,797 s.f. deficit for hillside preservation. The Commission did not recommend approval of the project because regardless of the "net" or "gross" hillside calculation methodology used, the development is inconsistent with the Subdivision Ordinance of the Town of Fountain Hills. Furthermore, when asked by the Commission, the applicant stated that he was not willing at this time to revise the project. Please see the attached Planning and Zoning Commission report for further details. 16836 East Palisades Boulevard,Building C-P.O.Box 17958-Fountain Hills,Arizona 85269-(602)837-2003-FAX:(602)837-3145 P&Z Commission Chairman Letter S98-034 Fountain Summit Condominiums Page 2 of 2 Sincerely,L. -73 Leesa Fraverd, Chairman Fountain Hills Planning and Zoning Commission flier TOWN OF FOUNTAIN HILLS flitw PLANNING AND ZONING COMMISSION REPORT February 4, 1999 Case No: S98-034 Location: South of La Montana Drive, east of Saguaro Blvd and north of Panorama Drive Request: Consider a preliminary plat for "Fountain Summit Condominiums", a 69 unit condominium project. Description: Applicant: Dan Kauffman Owner: Four Peaks AZ. L.L.C. Existing Zoning: "R-5" Existing Condition: Vacant Parcel Size: 29.99 acres. Surrounding Land Uses and Zoning: North: Single family residential, zoned "R1-6A P.U.D."; South: Multi-family (Fountainhead) &Fountain Park, zoned "R-5 R.U.P.D. &Rural-190". East: Vacant, zoned "R-3 & R-3 R.U.P.D.". West: Commercial, zoned "C-2". Summary: This request by Dan Kauffman of Four Peaks AZ, L.L.C. is for approval of the Preliminary Plat for the Fountain Summit Condominiums Subdivision located north of Panorama Drive, east of Saguaro Blvd and south of La Montana Drive in a previously unsubdivided parcel of land. The following staff report will review several aspects of the project, including the following: 1. A review of the Town of Fountain Hills General Plan, and the development's conformance with the General Plan. 2. The subdivision's design and its conformance with the Subdivision Ordinance and the Zoning Ordinance. Conformance with the Town of Fountain Hills General Plan: The adopted General Plan Land Use Map designates this area for "Single-Family/Medium" density land uses, with a unit range of 2.0-4.5 units. The proposed plan has a proposed unit count of 2.4 units per acre. Single-Family/Medium Density Residential (2-4.5 DU/AC) The Single-Family/Medium Density Residential category denotes areas where single-family neighborhood residential development is desirable and all urban services are available or will be provided. Lot sizes less than 8,000 square feet are allowed if as part of a clustered concept with open space provisions as called for in section 4.4.D. This area was amended from the Lodging designation to Single Family/Medium on August 4, 1997 by the Town Council after being initiated by the Planning and Zoning Commission on May 16, 1997 (GPA97-03). While the General Plan designation and the existing zoning do not agree, the existing hard zoning takes precedence over the General Plan designation. Not withstanding, the proposed density of the multi-family project is in compliance with the General Plan densities for this area. Subdivision Design (iirr GENERAL DESCRIPTION: The topography of the property for Fountain Summit Condominiums (Parcel 10/Hotel Hill) is relatively flat with some sloping hillside with areas of moderate to severe slopes, (exceeding 25%) around the perimeter. The topography of the property for Fountain Summit Condominiums (Parcel 10-A) is all sloping hillside with areas of moderate to severe slopes, (exceeding 25%) throughout the area. The subdivision proposes no new public streets. 40 lots are proposed in Phase 1 (Parcel 10-A) on the lower portion of the project and 29 units are proposed on Phase 2 (Parcel 10/Hotel Hill). Both areas are to be accessed by private gated roads. GRADING: The proposed subdivision does not comply with the Land Disturbance Standards of the Town of Fountain Hills Subdivision Ordinance. The applicant has provided projected disturbance limits which exceed allowances. The 30% slope category has 2329 s.f. in transferable area. The 20-30% slope category is 24,594 s.f. over in proposed disturbance. The 10-20% slope category is 58,532 s.f. over in proposed disturbance. The over all project exceeds permitted disturbance by 80,797 s.f. or 1.85 acres. ISSUES: The Subdivision Technical Review Committee met with the applicant to discuss the preliminary design of the subdivision on October 27, 1998. The applicant has made changes to the original subdivision design which was reviewed by the Committee. The remaining Subdivision Technical Review Committee issues are as follows: Community Development: 1. Show internal sidewalks. 2. Too much hillside is proposed to be disturbed. The 30% slope category has 2,329 s.f. in transferable area. The 20-30% slope category is 24,594 s.f. over in proposed disturbance. The 10-20% slope category is 58,532 s.f. over in proposed disturbance. The over all project exceeds permitted disturbance by 80,797 s.f. or 1.85 acres. 3. A set of landscape/irrigation/planting plans must be submitted for the project. Fountain Hills Fire District: 1. Gates to have Opti-con sensors 2. Phase II road circle to be marked as fire lane Fountain Hills Engineering Department: r 1. The corner parcel of land located at the Saguaro Blvd/Panorama Drive intersection should be included in the plat subdivision. 2. Provide 14' minimum behind 20' garage parking pad areas to allow vehicular access to the end units (Unit 101 and 102) or provide restriction in CC&R's to prohibit parking of vehicles in front of garages for Units 101, 102 and 103. 3. Construct a 5' wide (one-side only) sidewalk within the project cul-de-sacs to provide a pedestrian walkway between La Montana Drive and Saguaro Blvd near Panorama. This sidewalk does not necessarily have to begin at the driveway entrances. 4. Provide sight easements where required within the Phase II street area. 5. Revise the Phase II street design to show a minimum radius of R=100' for hillside local street. 6. Provide a traffic study/analysis recommending stacking distance at the entrance gates. 7. Relocate Units 201, 210, 211, and 212 such that the buildings and the garage parking pads are outside of vehicular sight line (20 mph). 8. Submit the final drainage report for Town approval with the improvement plans. Channel and direct flows from the upper level; use rock where needed. 9. The 6' sidewalk along La Montana should meander more gradually and be placed more within the 10' sidewalk easement. 10. Many additional retaining walls or high stems appear to be needed. 11. Decrease the upper cul-de-sac cross-slope to 4%. (Ila ,,, Evaluation: Approval of this project requires a transfer of nearly two acres of 10-20% and 20-30% hillside land. This can only be accomplished via a development agreement approved by the Town Council. There has been discussion in regards to a development agreement with Sivage Thomas transferring approximately 55,000 s.f. from Sivage Thomas's Diamonte Del Lago Project, adjacent to the northeast, to this project. this number is based on the plan previously submitted by Sivage Thomas using the gross methodology. Once Sivage Thomas made the adjustments requested at the last Planning and Zoning Commission meeting, their transferable area was reduced to zero using the gross methodology. Staff feels that as the requested changes where made at the request of the Commission and staff that staff could continue to support a transfer of 55,000 s.f. to the Fountain Summit project. It should be noted that in order to meet disturbance requirements as of the writing of this reort, this project needs a total of 80,797 s.f. transferred in some manner into the 10-20% and the 20-30% slope categories. Planning and Zoning Commission: The Planning and Zoning Commission heard this application at the January 14, 1999 Commission meeting. The general consensus of the Commission was that they liked the design of the project, however the project could not meet the requirements for land disturbance and hillside preservation. Therefore the Commission could not recommend approval of the project. The project was depending on the transfer of 55,000 s.f. of land disturbance from the Diamonte Del Lago (Sivage Thomas Homes) project to bring the project closer to compliance with the land disturbance requirements, however the Commission felt that the Diamonte Del Lago project required the excess hillside preservation to remain in that project to be in compliance with the P.U.D. requirements. The Commission recommended that the undisturbed hillside should not be transferred to Fountain Summit Condominiums or any other development. Therefore there was no available disturbance to be transferred to Fountain Summit. With the project at an 80,797 s.f. deficit the Planning and Zoning Commission did not recommend approval of Fountain Summit Condominiums. Recommendation: Most of the issues remaining from the Subdivision Technical Review of this project can be handled as stipulations prior to the approval of a final plat during the improvement plan process. However, due to the excessive proposed land disturbance, and that the Commission recommends that the proposed transferable hillside area from Diamonte Del Lago remain with that project to validate the proposed PUD for Diamonte Del Lago, the Planning and Zoning Commission recommends denial of S98-034; Preliminary Plat "Fountain Summit Condominiums". However if the Town Council feels that the project should be approved and has approved a Development Agreement with the applicant to address the deficency in the Hillside Preservation requirements, the following stipulations should accompany the approval of this preliminary plat: 1. Provide 14' minimum behind 20' garage parking pad areas to allow vehicular access to the end units (Unit 101 and 102) or provide restriction in CC&R's to prohibit parking of vehicles in front of garages for Units 101, 102 and 103. 2. Construct a 5' wide (one-side only) sidewalk within the project cul-de-sacs to provide a pedestrian walkway between La Montana Drive and Saguaro Blvd near Panorama. This sidewalk does not necessarily have to begin at the driveway entrances. 3. Provide sight easements where required within the Phase II street area. 4. Revise the Phase II street design to show a minimum radius of R=100' for hillside local street. 5. Provide a traffic study/analysis recommending stacking distance at the entrance gates. 6. Relocate Units 201, 210, 211, and 212 such that the buildings and the garage parking pads are outside of vehicular sight line (20 mph). 7. Submit the final drainage report for Town approval with the improvement plans. Channel and direct flows from the upper level; use rock where needed. 8. The 6' sidewalk along La Montana should meander more gradually and be placed more within the 10' sidewalk easement. 9. Decrease the upper cul-de-sac cross-slope to 4%. 10. Gates to have Opti-con sensors 11. Phase II road circle to be marked as fire lane 12. A set of landscape/irrigation/planting plans must be submitted for review and approval with the Final Plat which conform to the requirements in Article VI of The Subdivision Ordinance of the Town of Fountain Hills L 09/09/1998 14:07 6028166160 KAUFFMAN REAL ESTATE PAGE 02 o is, T. '' r TOWN OF FOUNTAIN HILLS itL -v4=✓ COMMUNITY DEVELOPMENT DEPARTMENT Date riled Fr Paid tr,.= 4,�.1 Accept ed B r ID) I q T8 Ili Cx�'' Jl (c Plat Nerne/Numbeb I-4i(eS"ck 0'. 1 I a 3 t Parcel Size Number of Lots 49 Pic— Number of Tracts Zoning pp p% 5 General Plan Land Use Designation 741L H-1 f M. y Density Requested(Dwelling Units Per Acre) Applicant ' Day Phone FOOrP eKS f-2 L. L . C_._ gig -4IsS Address P,o. fox 180 I City & Zip, --- '5) 1 cf.Iwner Day Phone (1c-0 ?ro per t5 1..L.C. 83") -944o Address City ST Zip /683r &.Pc )% Scc e s ELrD. F1) . _ #2_ a4e Attachments(Please list) 2 71c, C S�., 2c) �c s 0. ) r Y r r /� reALc-4-to"`s I 2 �rca... t � I lri.�.4 . Signature of Owner I HERBY AUTHORIZE (Please Print) Date FOor- Peel X5 67— it1-„C . gr'7— 7( 7-/eGtifis,-,:-__, TO FILE THIS APPLICATION. Subscribed and sworn before me this h _day of .h.,-1 II; ,19 o/FIc1Al. IA6 Notary Public "� NoM Peel b P.s1.0 of Armor " �V_J MARICOPACOUN7Y n a• My comm.expires Sept 17,2001 - .. - -- -r. (Seal) TFH Case Number Fee Schedule Attached _S- CK) - 03q "OMMUNITY DEVELOPMENT DEPARTMEI Fountain Hills,s,Arizona ,,,•tniv it/ -- ; ' GENERAL`APPLIC—ATION rid` ,`'P • J a t)i r k4,.. *Area Specific Plan b ^ � Temporary Use Permit Concept/Precise Plan Area Specific Plan Change Special Use Permit •General Plan Amendment Planr of Development ' _Variance �Preliminary Plat ' Appeal of an Admin. Decision _Ordinance Interpretation _Final Plat Other • • Requires additio al Application Submittal Checksheet Zoning— Change FILING DATE: ` �� (MO FP FEE PAID. ( P4� ter, FP ACCEPTED BY:414___ (See Fee Schedule on other side) REQUEST: Preliminary Plat approval 0,6AC,,,a ,, �-- c� `LI.,., , „..,,,,, c • APPLICABLE FHZO SECTION: Mrs. Applicant: FOL.) r PeeJ s /Z L L C R/ f/)► SS Mr. Day Phone: Ms. Address: --?k 0 • O X IRS-7 I City:� 1 �n , U¢ at : ,Zip:ev 6 t (.... Mrs. Owner: MCO Properties L.P. , a Delaware limited partnership Day Phone: 837-9660 Mr. Ms. Address: 16838 E. Palisades Blvd. , Fountain Hill AZ 85268 City sState. Zip: r PROPERTY ADDRESS: / . 1 /S,O ,� EXISTING ZONING /'S 'S— Lq)(e S,c c U , l i cl e /0 t 10 A- PROPOSED ZONING 0/04-- LEGAL DESCRIPTION: Plat Block Lot L J REQUEST TO: KTOWN COUNCIL BOARD OF ADJUSTMENT X PLANNING AND ZONING COMMISSION DEPARTMENT STAFF ATTACHMENTS: y _MCCn rt r s �,tea a a wam icter pgatan hg Eneral partnert(t 3igna..Jre of OWNER '-Hank Lickman, V.P. DATEl I/3)/98 HE .FRY AUTHORIZE Four Peaks AZ, LLC (Dan Kauffman) TO FILE THIS APPLICATION. Tubs abed and sworn before me this 2 a .d-___-_.____ _._ .f_. _ 19 . /) OFFICIAL SEAL �hc � � = LAURA PETERSEN Case Number I Note/Public•Mate of Artams Not ry ulic MARICOPACOUNTY ' �`� ' V,'` My OORIm.mph* +y Commission Expires / 7 o i ` , �� _ ��__Y_.. ___ _. - Septs.pt t�,loot .. 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' ' ,,_. ,„A.,, , . -\bir , 044",10/ I `� ? mod€ ; y¢/ 02IAli 5 ■; L ,l',4::.‘. , ,,,,-. .+4,,,, -v., ,i, �� k4,,,:,„, z: ir. 4111 �r...„ "..jii...1. ,ir. 0 : !° 1 itb prl '0,'" f"it: .4.keiriaii,X,,,,,,771.... 4i, I, ,i; , 7,1.7\ _cc-E'..-- ' A 1 _ ,, %, r1� ,' Fo ,., t --..', . V ir4-,-r9i --'1!"--:, !Ito: :,,t„,.1:4 r;‘,4,0,.. .,,,,,,,,:isre.:: );.,,,,,-, '6.•:-....„.„..4.4.40‘ ..:‘, , , ;v4,44-.14, ,i, -,,,,....vi -4,4 . .. . — . k 4 '4/0,,,lily ' 1111 1:41' ski& . ..i., ft 2 i ) • • .., i ,,,,,,. o ci L ,Ilis 2:.., .on f NI `p*AM L 10 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner DATE: January 29, 1999 SUBJECT: Consider Site Plan for RV sales use at 12045 E. Saguaro Blvd. This is a request for Site Plan approval for a proposed RV sales use to be located on Plat 205, Block 3, Lot 22. Planning & Zoning Commission recommend approval of the Site Plan as presented with exception to Staffs stipulation to provide a six (6) foot sidewalk along the Saguaro service road. Please refer to the attached Planning and Zoning Commission & Staff report for additional details regarding this request. If you should have any questions, I can be reached at 816-5138. L L TOWN OF FOUNTAIN HILLS PLANNING &ZONING AND STAFF REPORT FEBRUARY 4, 1999 LOCATION: 12045 E. Saguaro Blvd., Plat 205, Block 3, Lot 22. REQUEST: Consideration of a recommendation to the Town Council for Site Plan approval of proposed RV sales use located in the "C-3" General Commercial Zoning District, C-3 Zoning District per Chapter 12, Section 12.02, D.,7. of the Town of Fountain Hills Zoning Ordinance. DESCRIPTION: APPLICANT: Stan Connick. EXISTING ZONING: "C-3" EXISTING CONDITION: Undeveloped PARCEL SIZE: 17,857.214 square feet (.41 acres). SURROUNDING LAND USES AND ZONING: NORTH: Mortuary, zoned "C-3" SOUTH: Office Building, zoned "C-3" EAST: Undeveloped, zoned "C-3" WEST: Undeveloped, zoned "R-3" SUMMARY: This request is for a recommendation to approve a proposed Site Plan to construct a RV Sales Facility on Plat 205, Block 3, Lot 22 of Fountain Hills. The following is Section 12.02 (D)(7) of The Town of Fountain Hills Zoning Ordinance which states the Town's regulations regarding a proposed RV sales use in "C-3"Zoning District. CODE REQUIREMENTS: 12.02 Permitted Uses. D. In C-3 Zoning Districts, the following uses are also permitted: 7. New and used automobile, boats, golf carts, all-terrain vehicles, motorcycles, travel trailers, recreational vehicle sales and rental including outside display area, provided all sales and repair activities are conducted within a building and subject to site plan approval of the Planning and Zoning Commission and Town Council. Chapter 2 of the Zoning Ordinance contains the procedures and requirements of Plan of Development and are reprinted below. Staff has required that the submittal requirements of this section be met for the applicants conceptual site plan. 2.04 Plan Review. RV Sales Site Plan Staff Report January 29, 1999 Page 2 A. Purpose. The purpose of the plan review is to enable the Community Development Department to make a finding that the proposed development conforms with the intent and provisions of this ordinance and all other town ordinances. The Department may be assisted in this determination by engineering department, utility companies, fire district, sanitary district, and other appropriate agencies in the form of written staff recommendations or stamps of approval. The provisions of this section shall apply to the permitted, temporary uses, and special uses as specified for each zoning district. B. Application For Plan Approval. A request for plan approval shall be filed with the Community Development Director or designee, on a form prescribed by the Community Development Director. The request for approval shall be accompanied by two (2) identical copies of the plan. Each copy shall be on one or more sheets of paper measuring not more than twenty-four (24) by thirty-six (36) inches, drawn to a scale not smaller than forty (40) feet to the inch, which show the following: 1. Lot dimensions. 2. Location, size, height, use, and exterior materials of all buildings and structures. 3. Size and dimensions of yards and space between buildings. 4. Location and height of walls and fences. 5. Location, number of spaces, dimensions, circulation patterns, and surface materials for all off-street parking and loading areas, driveways, access ways, and pedestrian walkways. 6. The location, dimensions, area, materials and lighting of signage. 7. Location and general nature of lighting. 8. Street dedications and improvements. 9. Existing and proposed grades and drainage systems. 10. The size and locations of all existing and proposed public and private utilities. All easements must be shown and given in writing. 11. Natural features such as mesas, rock outcroppings, or streams and manmade features such as existing roads and structures, with indication as to which are to be retained and which are to be removed or altered. 12. Landscaping, including all surfacing material around buildings and in all RV Sales Site Plan Staff Report January 29, 1999 Page 3 open spaces. 13. A vicinity sketch showing the location of the site in relation to the surrounding street system. Adjacent properties and their uses shall be identified. 14. A legal description of the land included in the site plan and of the lot; the name, address and telephone number of the owner, developer and designer. 15. Any other information which the plan checker may find necessary to establish compliance with this and other ordinances. E. Review Procedures. 1. The Community Development Department shall have five (5) working days from the date of submission of a plan application to review said plan and approve, conditionally approve, request more time or reject said plan based on its compliance with all provisions of this ordinance, all other applicable ordinances, and master plans of the Town of Fountain Hills, and to notify the applicant of the Department's decision in writing. If, however, the Community Development Director wishes to obtain the opinion of the Planning and Zoning Commission, the Director may forward the plan to the Commission for action at its next regular meeting to be held at least seven (7) days after such action. In such case, the Community Development Director must render a decision within five (5) days after Commission action. In the event of denial, the decision shall set forth in detail the reasons for denial, or in the event of conditional approval, the changes or additions which are necessary to make the plan acceptable. 2. All copies of the approved plan, with any conditions shown thereon or attached thereto, shall be dated and signed by the Community Development Director. One copy of said approved plan and conditions shall be mailed to the applicant, and one copy shall be filed with the Building Inspector. G. Expiration of Plan Approval. 1. One (1) year after the date of approval, a plan approval becomes void if a building permit has not been issued. 2. If the applicant files for an extension prior to the approval becoming void, an extension may be granted by the approving bodies. RV Sales Site Plan Staff Report January 29, 1999 Page 4 H. Violation and Enforcement. 1. Prior to the issuance of a building permit, the Building Inspector shall ascertain that the Zoning Administrator and other reviewing agencies have approved the plans which are in conformance with those presented with the building permit application and that the time limitations imposed by this ordinance have not elapsed. 2. The Building Inspector shall ensure that all matters are undertaken according to the conditions of the approved plan. In the event of a violation, the Building Inspector shall notify the permittee, by mail or written report, that he is in violation of the conditions of the approved plan. If the violation is not cured or a cure is not substantially begun in the opinion of the Building Inspector within ten (10) days after notification, the building permit shall be revoked and shall be null and void. EVALUATION: As stated in The Zoning Ordinance of The Town of Fountain Hills this use is permitted in the "C-3" Zoning District with site plan approval. The proposed RV sales facility conforms to all requirements of The Town of Fountain Hills Zoning Ordinance and General Plan. Additionally, staff has required the applicant to provide 2 and 3 foot high screen walls on the perimeter of the parking lot, and a 6 foot sidewalk along Saguaro Blvd. and Colony Drive. The applicant is willing to construct a 24' wide paved driveway in the alley to serve as a secondary access. Both the applicant and Town Engineer are willing to enter into a participation agreement to pave the half of the alley abutting the eastern property line and construct at such time as the alley is improved. All lighting shall conform to Town of Fountain Hills Zoning Ordinance, Chapter 8. Staff has been requested by members of the Commission to review alternative circulation options for this site. Moving the primary access from the Saguaro Blvd. service road to Colony Drive would alleviate any additional traffic generated by this site at the intersection of the service road and Colony Drive. This would allow the applicant to more fully utilize the exposure of Saguaro Blvd. and relocate two (2) RV display spaces from Colony Drive to Saguaro Blvd. The pitfall of this change would be that circulation on-site becomes more congested requiring jockeying of RV's on- site. RECOMMENDATION: Planning & Zoning Commission and Staff recommend approval of the proposed Site Plan for the RV sales facility located at 12045 E. Saguaro Blvd., with the following stipulations: 1. The applicant shall comply and remain in compliance with approved Site Plan as approved RV Sales Site Plan Staff Report January 29, 1999 Page 5 by the Town Council. 2. Plan approval shall be valid for one year as stated in Section 2.04(G) of The Town of Fountain Hills Zoning Ordinance. 3. Prior to approval of a building permit for the site, the applicant shall submit a landscape and automatic irrigation plans, pursuant to Section 12.06 (1)(C)(4) of the Zoning Ordinance, for approval by the Community Development Department. Prior to occupying the building, installation of the landscaping per the approved landscaping plan shall be completed. The landscape plan shall note plant names, sizes and locations of the individual plants. 4. Applicant shall enter into a participation agreement with the Town for future improvement of the alley. 5. Add two (2) additional parking spaces to the site. 6. Add a six (6) foot sidewalk along Saguaro Blvd. frontage road. Attachments: 1. Application 2. Proposed Site Plan 3. Floor Plan 4. Elevations 5. Narrative L O/.wN BI TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT y r ; *Additional checksheet required Date Filed Fee Paid -- Not Applicable-- Accepted By i2/3jigc _ Plat Name/Number Block Lot(s) 205 3 22 Parcel Size Number of Lots 17 c; 1, 21 Number of Tracts Zoning -3 General Plan Land Use Designation Density Requested(Dwelling Units Per Acre) Applicant Day Phone Z77RM J• CGitNtCK• F3IG coo L. Address City ST Zip 11U2_7 /4 /91.N'TD t7i` P-H 1fILLS AZ esz £j Owner Day Phone GFT/,,ZL/C 7R1i"�l3L,E e3 7" S�gJ Address City ST Zip 1 1 1 3 ��• 5, Ccl?/Z.O 13LU,2 j rt 1¢1LirS / 2 eczo s Please describe the intended use for this property EC 12 Plaint (l e ti t(C e s71-G E. rf}Clj.l'7,e 5 , ?TC47O S-r /3c_26 Signature of Owner /� I HERBY AUTHORIZE (Please Print) Date ,/IQ�I,C�.i / ��>^r✓��.t:v� ()Aar 1 e-s P Tr, m h/ t. /02- 31 • f? TO FILE THIS APPLICATION. Subscribed and sworn before me this 3 f — day day of Do c�•k�c- yg q� . . . c� �b My Commission Expires lah i o Notary PublicMenc0P11 County Thomas M Tmibie Expires December 9 2002 (Seal) TFH Case Number - -- __ 1 I sAauARo si.),,o. .001111 1 : (1111, I - -------_ _ if f mn ''' _ C 0 i- - .. 0il Z Ith 0.• 01 0 SID co ...• '''.---- .... r• . k i CIE sm i;! --,, > l'a N 0 Joni MINIMA — ,. .Ev. ,... t----.: I i, -.•, C-,, k 2, -g1. " _ -N0 .... 2\— ,--," I/ . 1 II 2 2— s ,/1 t * / a F -toil - .-; .-2.ti.. a --) ; ' 17E ITI V Fri .:,,,:fr: E , I a ' I ' 7, ti'21.. :, '79--e-'74-N- ---:'Nkl-- --•''' —,---- ` —41? .. ,, ,--- .. ..... ' P : I $'------------- a ALLEY Z. kc ,... p' •,,,.' A ,T, i ; .9, ,. . 0 ; i- ..-.. ,t i-L!-= - °7.,- - 7,,,.. . 1,,-- r• _C > ,. z .4 ' -.. il -+'' 0 -ii t: ,... (-) N ' 8 r Pivotal' Rills ILV. STAN J. CONNICK \ - g c ' E 7 121414 E Saguaro 8Ivd urns,AZ and ASSOCIATES ' Foists!' $5268 , i•. '; 7 .1 L • • 111 h)f. (lbw 10:11 IF • I I I I I • • . c y s wr. " = w• p2 F�t✓inHW3RN. STANJ. CONNICK‘'NN\'`Ii 121145 Fountain A°N d. sand ASSOCIATES N Floor Plan 11027 Y.PIM•R111117101 KO.1®00°MN•FM(c¢)°IS- •ill ICI uMEl „...• Iiii ..., „,..;„ ,..,. , ',/;:; ,, ...,.. , , ,/,,,,,-;:,,, ,,,..,A*,A. • mi. , mi ,z --i j I 1. 4.0 A•O _y_"—}-y- I 1 II 11 I LI I! II I 1 I • TI Il— 1 I—---V-...--, : • I 1 • I i, I; I I n II I I I I ! I II iJ I I I I I I 17H /,j� !I <a I j ' • I 11 I A t_o 20-0 4_O 4 _____ C_ ___. _ _.t \ !_G L N ' s R.s.l.alas ll.Y. STAN J. CONNICIi •.:\ D ' v lx�s a Blvd. ,o� CO Fountain AZ and ASSOCIATES .:� alantlw um N.nm•10111110 NM rmm+er•MC( )uM-s•?Al MAI III It December 30, 1998 CY RE: Fountain Hills R.V. 12045 E. Saguaro Blvd. Fountain Hills,AZ. 85268 Legal Description: Lot 22,Block 3,Plat 205 NARRATIVE REPORT This Narrative Report is to describe the proposed recreational Vehicle Sales Facilities proposed on the site and address referenced above. The Zoning is C-3 and is an approved use as referenced in the Fountain Hills Zoning Ordinance, Chapter 12, Section 12.02-D The facility will have a 2,000 s.f. Sales Office/Detail Garage. The building will have a light dash stucco texture with horizontal reveals and be of wood frame construction. Signage will be high compression foam letters on the building with incandescent flood lights. The proposed building is Contemporary Southwest design that will compliment the Community of Fountain Hills. L L Architects Planners 11027 N. Pinto Drive • Fountain Hills,AZ 85268 • Voice (602) 816-8000 • FAX (602) 816-8222 N Town of Fountain Hills Memorandum DATE: January 29, 1999 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder, Community Development Director< THROUGH: Paul L.Nordin,Town Manager SUBJECT: The Eagle Mountain Parcel 13 preliminary plat,Case Number S98-50 Eagle Mountain Investors L.L.C. is requesting Town Council approval of the preliminary plat for the Eagle Mountain Parcel 13 subdivision, a 42 lot, 25.22 acre subdivision located in the far southeastern corner of the Eagle Mountain development. On January 28, 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 Case Number S98-50 with all of the stipulations listed in the attached staff report. L TOWN OF FOUNTAIN HILLS STAFF REPORT JANUARY 29,1999 CASE NO.: S98-050 LOCATION: Eagle Mountain Parcel 13, south of the Eagle Mountain Parcel 10 and 11 subdivisions and north of the Salt River Pima-Maricopa Indian Reservation. REQUEST: Consideration of the Preliminary Plat of the Parcel 13 at Eagle Mountain subdivision. PROJECT MANAGER: Jeff Valder DESCRIPTION: OWNER: Eagle Mountain Investors L.L.C. APPLICANT: Eagle Mountain Investors L.L.C. EXISTING ZONING: "R1-10A" PARCEL SIZE: 25.22 Acres PROPOSED NUMBER OF LOTS: 42 SURROUNDING LAND USES AND ZONING: NORTH: Platted land within the Eagle Mountain Parcel 10 and 11 subdivisions, zoned "R1- 6A"and hole Number 2 of the Eagle Mountain Golf Course,zoned"OSR." SOUTH: The Salt River Pima-Maricopa Indian Reservation. EAST: Hole Numbers 5,6 and 7 of the Eagle Mountain Golf Course,zoned"OSR." WEST: Hole Number 3 of the Eagle Mountain Golf Course,zoned"OSR"and the Firerock Country Club development. SUMMARY: This request by Eagle Mountain Investors L.L.C. is for approval of a preliminary plat for the 25.22, 42 lot Parcel 13 at Eagle Mountain subdivision. 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: The site has not been previously disturbed. The subdivision will take its only access from the extension of Eagle Mountain Parkway, which will be developed to a collector road standard. The original application indicated that all of the proposed lots would be sold as ungraded custom lots. The applicant has revised the application to proposed to pregrade (fill) the anticipated pad locations on many of the downhill lots in the subdivision in order to dispose of extra fill being generated by other developments in the Eagle Mountain development. Staff Report Eagle Mountain Parcel 13: S98-050 January 29, 1999 Page 2 All of the proposed lots conform to the "R1-10A" zoning district standards for size and lot width, except as noted in stipulation Number 11. All of the proposed roadways conform to those agreed upon in the Los Altos Hills (Eagle Mountain) Development Agreement. Recommendation Staff recommends that the Planning and Zoning Commission recommend Town Council approval of the preliminary plat for the Parcel 13 at Eagle Mountain subdivision, Case Number S98-044, 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. Provide street names. 3. Many lot pads will be below the sewer line main: If sewer injector pumps are proposed to serve lots in such condition, provide a note to that affect and indicate which lots. 4. Show catch basins, storm drain and proposed drainage easement for sump condition in front of Lot 2. 5. Show catch basins and storm drains to intercept street run-off at sump condition in front of Tract "G" and "F" and show channelization and storm drain with wingwalls to convey off-site run-off from Tract "G" to Tract "F". 6. Show catch basin, storm drain and drainage easement to convey runoff off-site from the low point end of the cal-de-sac,between lots 36 and 37. 7. Provide drainage easement along the most easterly boundary line within lots 39 and 38, to convey run-off by channelization. 8. Show catch basins and storm drain at street "B" near the street "C" intersection to convey run- off and proposed drainage easement if conveying off-site. 9. Extend the Street "C" cul-de-sac so that only two flag lots are shown at the cul-de-sac bulb. 10. Per drainage report, show proposed 36" storm drain, channelization and drainage easement within lot 27, to convey run-off off-site. 11. The ribbon curb, as shown on SECTION D-D on Page 1 is unacceptable. Where is Section D-D? Staff Report Eagle Mountain Parcel 13: S98-050 January 29, 1999 Page 3 12. Who will be responsible for developing and when will the Parcel 10 and 1 lroad alignment match Parcel 13. 13. Show a typical section for a 12' wide concrete driveway with 2' stabilized shoulders on each side for the common driveway leading to lots 38 and 39. The common driveway grading, utilities, and culvert shall be constructed with the subdivision improvements. Show the driveway to be a Public Utility Easement. 14. Show a typical section of the emergency access to Parcel 8. 15. Add a 1'VNAE along all unlotted street frontages. 16. 20. Show a 20' PUE for the sewer line at the rear of Lots 18, 19 and Tract"D". 17. Submit documentation (in the form of concept site plans) that Lots 2 and 13 are buildable without variances. These lots have uniformly steep slopes that abut the road and assess drives may be difficult to develop in keeping within a maximum 18% grade and retaining wall maximum heights in the front yard setback of 3.5 feet. Show that a single-family house can be developed on each of these lots without a cut/fill waiver, with a driveway not exceeding 18% slope, within the setbacks, etc. 18. The typical driveway section should be 6" minimum concrete on 4" ABC. 19. Comply with the Town Engineer's technical comments on the Final Plat/Improvement Plans. 20. Prior to final plat recordation, provide subdivision construction assurances to the satisfaction of the Town Engineer. 21. Revise the pad grading plans on Lot 14 so that proposed grading contours match existing grades at the property line. N O - O a ill, _, d a g m I. 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'..• ,61. .. • N • • • . , . , , . • •„, . , 1,I r,g .. e, . q'5 L 6 '0,o..P.so.00.6465air,41 . . . . 2.3 Minor Amendment and Density Transfers.Developer acknowledges that the 68 development units is a maximum number of residential units that it would be allowed to build on the Property. The Plan of Development presently indicates that the densities and appropriate number of units located within each parcel.So long as the maximum number of units is not exceeded the Developer may apply to the Town Council prior to final plat approval for the Property,for minor changes to the Plan of Development affecting part or parts of the Property. The Town Council shall consider such applications as administrative amendments to this Agreement and not as rezoning of the parcels. In rendering its decision whether to grant or withhold approval of such applications,the Council may take into account such factors as it deems relevant including by way of example only, the market conditions then in existence, street circulation patterns and infrastructure capacity. 2.4 Infrastructure Improvements. The Town and the Developer agree that the ultimate development of the Property will require substantial improvements to the Property including, but not limited to, dedication and improvement of existing public roads and special attention to entrance features. The Plan of Development contains the agreements of the Town and the Developer as to the Developer's requirements regarding infrastructure. To the extent Developer constructs certain street improvements adjacent to property other than the Property,Town will assist Developer in recovering the costs of said street improvements from the developer of said other property. 2.5 Regulation ofDevelopment.The Town and Developer agree and acknowledge that the ordinances, rules, regulations and policies of the Town applicable to and governing the development of this Property shall be those ordinances, rules, regulations and officially adopted policies(with current interpretation and practices)which are in existence and in force for the Town as of the date of the recording of this Agreement as varied,waived or clarified hereunder.The Town shall not impose or enact any additional ordinances, conditions, dedications, rules, regulations or policies applicable to or governing the development of this Property except as follows: (a) Future land use ordinances,rules,regulations and policies ofthe Town which are consistent with and not contrary to the zoning and land use regulations set forth in the Plan of Development and which are consistent with the vesting of the zoning as provided herein and • which are adopted for express safety of the citizens of the Town; or (b) Future land use rules, regulations and official policies of the Town enacted as necessary, but only to the extent necessary, to comply with State and Federal laws and regulations,provided that in the event that the rules and regulations prevent or preclude compliance with this Agreement, such provisions of this Agreement shall be modified as necessary in order to comply with the new laws or regulations wherever possible. PAPPAN/FOUNTAIN SUMMIT/DEVELOP AGR.2 4 2.6 Moratorium.The parties agree and acknowledge that the Plan of Development contemplates and provides for phasing of the development of the Property and no moratorium, ordinance, resolution or other land use rule or regulations or limitations on the rate, timing or sequencing of the development of the Property or any portion thereof adopted by the Town shall apply to or govern the development of the Property for a period of five (5) years after February 4, 1999 hereof.No moratorium adopted,even if in compliance with A.R.S. §9-463.06, shall affect the development of the Property in accordance with the Plan of Development.The Town and Developer recognize and agree that the terms of this Paragraph 2.6 are not binding on other governmental entities and private companies.The Town and the Developer further recognize and agree that if any action by the Town causes conflict between the provisions of this paragraph 2.6 and paragraph 2.5(b), that the provisions of paragraph 2.5(b) shall control and apply to resolve conflicts. 3. CONSTRUCTION OF INFRASTRUCTURE IMPROVEMENTS. 3.1 Developer's Construction.All infrastructure improvements as defined in the Plan of Development and required to be installed and constructed by the Developer shall be done in accordance with the phasing plan set forth in the Plan of Development. All infrastructure requirements shall be constructed in a manner and under the terms and conditions of all applicable standards, codes, rules or regulations of the Town or other Governmental agencies as they exist at the time this Agreement is entered. Upon permit approval,the Town grants the Developer the right to enter and remain upon and cross any Town easements or rights-of-way, except as noted below, within or immediately adjacent to the Project the extent reasonably necessary to facilitate the construction of additional infrastructure or to perform any necessary maintenance or repairs of said infrastructure provided that the Developer shall not impede or adversely affect the Town or the public's use and enjoyment thereof and provided that the Developer shall restore such easements and rights-of-way to their prior condition upon completion of construction,repair or maintenance.Except with specific Town Council approval,there shall be no right of the Developer to enter,remain upon, cross or in any way utilize or disturb any hillside protection easement on the Property or to cross any non-vehicular access easement. 3.2 Dedication and Maintenance of Public Right-of-Way. Ownership of all completed portions of the public right-of-way improvements,including the trail, shall be dedicated to the Town by instrument in form and content acceptable to the Town. So long as such infrastructure improvements are constructed in accordance with plans and specifications approved by the Town,as verified by inspection of the completed improvements by the Town's Engineer,the Town shall accept such dedications and shall, beginning twelve (12) months from the date of acceptance, at its own cost and expense, maintain, repair and operate such public right-of-way improvements in accordance with its customary standards. From the date the Town accepts the improvements and for a period of one (1) year thereafter, the Developer shall, at its sole cost and PAPPAN/FOUNTAIN SUMMIT/DEVELOP AGR.2 5 OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER HELEN PURCELL 99-0938172 10/12/99 12: 15 WHEN RECORDED,RETURN TO: MESA2 2 OF 7 TOWN OF FOUNTAIN HILLS 16838 East Palisades Boulevard Fountain Hills, Arizona 85268 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of February 4, 1999, by and between TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation (the "Town"), and FOUNTAIN SUMMIT L.L.C., an Arizona limited liability company (the "Developer"). RECITALS : 1. The Developer is the owner of certain real Property located within the Town of Fountain Hills, Arizona consisting of approximately 29 acres and legally described on Exhibit A hereto and commonly known as Fountain Summit, a planned area development (the "Property"or the "Project"). 2. The Developer and the Town are entering into this Agreement pursuant to the provisions of A.R.S. §9-500.05 in order to facilitate the development of the Property by providing for, among other things, conditions, terms, restrictions and requirements for the construction and installation of infrastructure improvements,dedications from the Developer to the Town,permitted uses for the Property,amended development standards and the density and intensity of said uses,the phasing over time of construction or development of the Property,and any and all other matters set forth within the body of this Agreement and as more particularly identified and described on the(i) Preliminary Plat approved February 4, 1999 prepared by Montgomery Engineering, Inc., (ii) the Statement of Amended Development Standards, (iii)the Design Guidelines,(iv)the Phasing Plan, and(v)the application for Preliminary Plat dated September 10, 1998, all as attached. 3. The Developer and the Town acknowledge that ultimate development of the Property within the Town is of such magnitude that the Developer requires assurances from the Town of the Developer's right to complete the development of the Property pursuant to the Plan of Development before it continues to expend substantial efforts and costs in the development of the Property; and expense,maintain and repair such improvements. All private driveways shall be maintained by the applicable homeowner's association. Entry devices to all private driveway gates shall be tendered to all public services or emergency service providers and the Town for emergency access. The Developer shall install signage identifying the location and public nature of trails on the Property. 3.3 Dedication of Open Space Tracts. Ownership of all open space tracts on the Property, except for retention tracts, shall be dedicated to the Town by instrument in form and content acceptable to the Town. 4. DESIGN GUIDELINES. The parties acknowledge and agree that the Town and the Developer have set forth the Design Guidelines for building design and the architectural character of all residential development within the Project. The Town shall have the right to enforce these Design Guidelines. These building design and architectural characteristics are to be a guideline and may be amended from time to time by Agreement between the Town and the Developer.Developer shall form a homeowners association and record appropriate conditions,covenants and restrictions on the Property to enforce the Design Guidelines.The Property shall also be subject to the Lakeside Village Covenants, Conditions and Restrictions. 5. COOPERATION AND ALTERNATIVE DISPUTE RESOLUTION. 5.1 Appointment of Representatives.To further the commitment of the parties to cooperate in the implementation of this Agreement,upon the request of either the Developer or the Town, the Town and the Developer each shall designate and appoint a representative to act as a liaison between the Town and its various departments and the Developer. The initial representative for the Town(the"Town Representative")shall be the Town Manager,and the initial representative for the Developer shall be its Project Manager,as identified by the Developer from time-to-time(the "Developer Representative").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 the Plan of Development.The representatives may recommend amendments to the Plan of Development or this Agreement which may be agreed upon by the parties. 5.2 Expedited Town Decisions.The implementation of the Plan of Development shall be in accordance with the development review process of the Town. If at any time the Developer believes that an impasse has been reached with the Town staff on any issue affecting the Property,the Developer 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 the Developer a final decision within fifteen(15)days after the Developer's written request for an expedited decision. If the issue on which an impasse has been reached is one where a final PAPPAN/FOUNTAIN SUMMIT/DEVELOP AGR.2 6 decision requires action by the Town Council, the Town Representative shall be responsible for scheduling a Town Council hearing on the issue at the next regular meeting of the Council after the Developer's written request for an expedited decision; provided, however, that if the issue is appropriate for review by the Town Planning and Zoning Commission,the matter shall be submitted to the Commission first, and then to the Town Council. If the issue on which an impasse has been reached is one where a final decision requires action by the Board of Adjustment, the Town Representative shall be responsible for scheduling a Board ofAdjustment hearing on the issue within the applicable period provided by law for such a decision. Both parties agree to continue to use reasonable good faith 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. 5.3 Default.Failure or unreasonable delay by either party to perform or otherwise act in accordance with any term or provision of this Agreement for a period of thirty(30)days(the "Cure Period")after written notice thereof from the other party,shall constitute a default under this Agreement. Said notice shall specify the nature of the alleged default and the manner in which said default may be satisfactorily cured,if possible.In the event such default is not cured within the Cure Period,the non-defaulting party shall have all rights and remedies which may be available at law or in equity. 6. NOTICES AND FILINGS. 6.1 Manner of Service. 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 registered or certified United States Mail, postage prepaid, if to: The Town, Personal Delivery: Town Clerk Town of Fountain Hills 16838 East Palisades Boulevard Fountain Hills, Arizona 85268 PAPPAN/FOUNTAIN SUMMIT/DEVELOP AGR.2 7 With a copy to: William E. Farrell, Esq. Law Offices of William E. Farrell 10135 East Via Linda, Suite 220 Scottsdale, Arizona 85258 The Developer: Fountain Summit, L.L.C. Attention: Mr. Daniel J. Kauffman 16810 Avenue of the Fountains Fountain Hills, Arizona 85268 With a Copy to: Matthew J. Berens, Esq. Berens Thomson & Joseph, PLC 3200 North Central Avenue, Suite 1800 Phoenix, Arizona 85012 or to such other addresses as either party hereto may from time to time designate in writing and deliver in a like manner. 6.2 Mailing Effective. Notices, filings, consents, approvals and communication given by mail shall be deemed delivered seventy-two (72) hours following deposit in the United States Mail, postage prepaid and addressed as set forth above. 7. GENERAL. 7.1 Waiver.No delay in exercising any right or remedy shall constitute a waiver thereof, and no waiver by the Town or the Developer 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. 7.2 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. PAPPAN/FOUNTAIN SUMMIT/DEVELOP AGR.2 8 7.3 Exhibits.Any exhibit attached hereto and the documents constituting the Plan of Development, 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. 7.4 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 cooperate in good faith and process promptly any request and applications for plat or permit approvals or revisions, and other necessary approvals relating to the development of the Property by the Developer and its successors. 7.5 Time of Essence and Successor.Time is of the essence of this Agreement. All of the provisions hereof shall inure to the benefit of and be binding upon the successors and assigns of the parties hereof, except as provided in Paragraph 8.7 below, with respect to any Public Lot as defined in Paragraph 8.7. Notwithstanding the foregoing, the Developer's rights and obligations hereunder may only be assigned by a written instrument, approved by the Town Council and recorded in the official Records of Maricopa County, expressly assigning such rights and obligations. In the event the Town Council approves a complete assignment of Developer rights and obligations hereunder, Developer's liability hereunder for acts occurring after the date of the assignment shall terminate effective upon the assumption by Developer's assignee. 7.6 Term. The term of this Agreement shall commence on February 4, 1999 and not on the date of execution by both parties hereto; and, shall automatically terminate on the tenth (10`h) anniversary of such date;provided, however, that Paragraphs 1.2 and 2.6 shall automatically terminate on the dates provided in said Paragraphs. During the one (1) year period prior to the automatic termination of this Agreement, the parties shall meet and confer as often as reasonably requested to determine if, and upon what terms, this Agreement should 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(10`h) anniversary of the date of execution by both parties. 7.7 Termination Upon Sale to Public. The Town and the Developer hereby acknowledge and agree that this Agreement is not intended to and shall not create conditions or exceptions to titles or covenants running with the Property as to Public Lots as defined below. Therefore, in order to alleviate any concern as to the effect of this Agreement on the status of title to any of the Property, notwithstanding anything contained herein to the contrary, this Agreement shall terminate without the execution or recordation of any further document or instrument as to any lot which has been finally subdivided and individually (and not in "bulk") leased (for a period of PAPPAN/FOUNTAIN SUMMIT/DEVELOP AGR 2 9 longer than one year) or sold to the end purchaser or user thereof(a "Public Lot") and thereupon such Public Lot shall be released from and no longer be subject to or burdened by the provisions of this Agreement. 7.8 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 the Developer 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. 7.9 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. 7.10 Amendment. No change or addition is to be made to this Agreement except by a written amendment executed by the parties hereto. Within ten(10)days after any amendment to this Agreement, such amendment shall be recorded in the official Records of Maricopa County. 7.11 Names and Plans. Subject to the provisions of the "Public Records and Documents"laws of the State of Arizona,the Developer 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 the Developer 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, the Developer shall be entitled to utilize such materials described herein to the extent required for the Developer to construct, operate or maintain improvements relating to the Property. 7.12 Good Standing and Authority. Each of the parties represents and warrants to the other(i) that it is duly formed and validly existing limited liability company under the laws of Arizona,with respect to the Developer,or a municipal corporation within the State of Arizona,with respect to the Town,(ii)that it is an Arizona limited liability company or 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. PAPPAN/FOUNTAIN SUMMIT/DEVELOP AGR 2 10 7.13 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 excuses the Town from undertaking any contractual commitment to perform an act hereunder, this Agreement shall remain in full force and effect, but the provisions 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, the Developer shall be entitled to terminate this Agreement. 7.14 Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona. In particular, this Agreement is subject to the provisions of A.R.S. §38-511. 7.15 Recordation. This Agreement shall be recorded in the Official Records of Maricopa County no later than ten(10)days after this Agreement is executed by the Town and the Developer. Town and Developer agree that only Exhibit "A" hereto will be recorded with the Agreement and that all other documents constituting the Plan ofDevelopment and other exhibits will be maintained in a permanent file in the office of the Town Clerk. 7.16 No Developer Representation. Nothing contained herein or the Plan of Development shall be deemed to obligate the Town or the Developer to commence construction on or complete any part or all of the development of the Property;provided,however,any development that is undertaken by the Developer shall be done in accordance with this Agreement and the Plan of Development, as the Plan of Development may be amended from time to time. [SIGNATURES ON FOLLOWING PAGES] PAPPAN/FOUNTAIN SUMMIT/DEVELOP AGR2 11 IN WITNESS WHEREOF,the parties have executed this Agreement as of the day and year first above written. "TOWN" "DEVELOPER" THE TOWN OF FOUNTAIN HILLS, an FOUNTAIN SUMMIT, L.L.C., an Arizona Arizona municipal corporation limited liability company By: Fourway Properties Limited Partnership, a Pennsylvania limited partnership, Administrative Member Sharon Morgan, May r By: Fourway Development, Ltd., a Pennsylvania corporation, Gene artn By: Daniel .4 auffm , Authori ed Agent Approved as to Form: ATTEST: William E. Farrell, Town Attorney Cassie B. Hansen, Town Clerk PAPPAN/FOUNTAIN SUMMIT/DEVELOP AGR.2 12 STATE OF ARIZONA ) ) ss. County of Maricopa ) Citti, SUBSCRIBED AND SWORN to before me this b day of J b./L., 1999 by Daniel J. Kauffman, authorized agent, FOURWAY DEVELOPMENT, LTD., a Pennsylvania corporation, the General Partner of FOURWAY PROPERTIES LIMITED PARTNERSHIP,a Pennsylvania limited partnership, as Administrative Member on behalf of the FOUNTAIN SUMMIT L.L.C., an Arizona limited liability company. c l atl// [-C . /'J ee /fl <<'�'��c Notary Public J gif OFFICIAL SEAL My Commission Expires: J.R.McCARTNEY . NOTARY PUBLIC-ARIZONA MARICOPA COUNTY My comm.axptres Oct 25.1999 `xmooe (4•12 S /999 STATE OF ARIZONA ) ) ss. County of Maricopa ) SUBSCRIBED AND SWORN to before me this �� day of 6 '0. 4 1999 by P7(L Cr.x the ni at.KKA of THE TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, for andkn of the Town. Notary Public U My Commission Expires: Ai OFFICIAL SEAL -NO`� J.R.McCARTNEY 1. h NOTARY PUBLIC-ARIZCNA Pi fti MARICOPACOWTY <( t��t ) ! `� My oomm.expires Oct.25,1590 ct I PAPPAN/FOUNTAIN SUMMIT/DEVELOP AGR2 13 EXHIBIT A LEGAL DESCRIPTION EXHIBIT"A" That portion of Section 14, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Fountain Hills, Maricopa County, Arizona, described as follows: COMMENCING at the monument line intersections of Saguaro Boulevard and La Montana Drive as shown on the Final Plat of RANCHO MONTANA, recorded in Book 385 of Maps, page 49, records of Maricopa County, Arizona; Thence North 71 degrees 30 minutes 00 seconds East along the monument line of La Montana Drive a distance of 105.00 feet; Thence South 18 degrees 30 minutes 00 seconds East a distance of 30.00 feet to the Southerly right of way line of said La Montana Drive, the POINT OF BEGINNING; Thence North 71 degrees 30 minutes 00 seconds East along last said line a distance of 7.84 feet to the beginning of a tangent curve concave Southerly and having a radius of 370.00 feet; Thence along the arc of said curve through a central angle of 50 degrees 30 minutes 00 seconds an arc length of 326.11 feet; Thence South 58 degrees 00 minutes 00 seconds East a distance of 182.84 feet to the beginning of a tangent curve concave Northeasterly and having a radius of 430.00 feet; Thence along the arc of said curve through a central angle of 21 degrees 17 minutes 12 seconds an arc length of 159.75 feet; Thence departing La Montana Drive, South 79 degrees 02 minutes 32 seconds East a distance of 100.16 feet; Thence South 36 degrees 07 minutes 25 seconds East a distance of 269.99 feet; Thence South 13 degrees 38 minutes 08 seconds West a distance of 300.00 feet; Thence South 30 degrees 35 minutes 42 seconds East a distance of 90.00 feet; Thence South 11 degrees 26 minutes 07 seconds East a distance of 273.25 feet to a corner of the Northeasterly boundary of FOUNTAINHEAD AT LAKESIDE VILLAGE CONDOMINIUMS PHASE III & IV as recorded in Book 355 of Maps, page 33, records of Maricopa County, Arizona; Thence North 62 degrees 01 minutes 29 seconds West along said boundary, a distance of 381.59 feet; Thence South 36 degrees 02 minutes 47 seconds West a distance of 222.62 feet; Thence South 11 degrees 01 minutes 48 seconds West a distance of 104.32 feet to a point on a curie on the Northerly right cf way line of Panorama Drive, said curve being concave Southwesterly and having a radius of 392.00 feet, a radial line passing through said point bears North 41 degrees 16 minutes 51 seconds East; Thence departing said Fountainhead and Northwesterly along said right of way through a central angle of 19 degrees 19 minutes 47 seconds an arc length of 132.25 feet; CONTINUED EXHIBIT"A" CONTINUED 379801451NS/md (2) Thence departing Panorama Drive, North 10 degrees 46 minutes 10 seconds West a distance of 123.70 feet; Thence South 88 degrees 23 minutes 01 seconds West a distance of 70.00 feet to a point on curve on the Easterly right of way line of Saguaro Boulevard, said curve being concave Westerly and having a radius of 1255.00 feet; Thence Northerly along the arc of said curve and said right of way line through a central angle of 16 degrees 53 minutes 01 seconds an arc length of 369.82 feet; Thence North 18 degrees 30 minutes 00 seconds West a distance of 570.14 feet to the beginning of a tangent curve concave Southeasterly and having a radius of 50.00 feet; Thence along the arc of said curve through a central angle of 90 degrees 00 minutes 00 seconds an arc length of 78.54 feet; Thence North 18 degrees 30 minutes 00 seconds West a distance of 12.00 feet to the POINT OF BEGINNING. EXHIBIT "A" A portion cf Section 14, 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 most Northeasterly corner of FOUNTAINHEAD AT LAKESIDE VILLAGE CONDOMINIUMS PHASE I & II FINAL REPLAT, as recorded in Book 332 of Maps, page 42, records of Maricopa County, Arizona, said corner being on the Westerly right of way of Vista Del Lago; Thence North 69 degrees 10 minutes 28 seconds West along the boundary of said FOUNTAINHEAD a distance of 219.10 feet to the POINT OF BEGINNING; Thence South 71 degrees 57 minutes 57 seconds West,a distance of 180.89 feet, Thence North 50 degrees 19 minutes 12 seconds West a distance of 350.82:feet, -.- Thence North 13 degrees 52 minutes 25 seconds West a distance of 170.99 feet; Thence North 71 degrees 48 minutes 21 seconds West a distance cf 150.53 feet; Thence departing said FOUNTAINHEAD, North 11 degrees 26 minutes 07 seconds West a distance of 273.25 feet; Thence North 30 degrees 35 minutes 42 seconds West a distance of 90.00 feet; Thence North 13 degrees 38 minutes 08 seconds East a distance of 300.00 feet; Thence North 36 degrees 07 minutes 25 seconds West a distance of 269.99 feet; Thence North 79 degrees 02 minutes 32 seconds West a distance of 100.16 feet to the Southerly right of way line of La Montana Drive as shown on the Final Plat of RANCHO MONTANA, recorded in Book 385 of Maps, page 49, records of Maricopa County, Arizona: Thence North 10 degrees 42 minutes 48 seconds East a distance of 60.00 feet to the Northerly right of way line of La Montana Drive; Thence departing.La Montana Drive, South 79 degrees 02 minutes 32 seconds East a distance of 85.04 feet; Thence North 87 degrees 46 minutes 55 seconds East a distance of 290.00 feet to the beginning of a tangent curie concave Northerly and having a radius of 550.00 feet; Thence along the arc of said curve through a central angle cf 08 degrees 18 minutes 55 seconds an arc length of 79.82 feet; • CONTINUED i? EXHIBIT "A" CONTINUED 379801459NS/RF/md (2) Thence North 79 degrees 28 minutes 00 seconds East a distance of 45.00 feet; Thence South 10 degrees 32 minutes 00 seconds East a distance of 55.00 feet; Thence South 20 degrees 25 minutes 33 seconds West a distance of 118.97 feet; Thence South 45 degrees 28 minutes 05 seconds East a distance of 143.54 feet; Thence South 24 degrees 04 minutes 16 seconds East a distance of 274.74 feet; Thence South:19 degrees 34 minutes t8 seconds East a distance of 171.50 feet; . Thence South 36 degrees. Tr-minutes 38.seconds East a distance of 300.67 feet; Thence South 01 degrees 55 minutes 09 seconds West a distance of 405.34 feet to the POINT OF BEGINNING. STATEMENT OF AMENDED DEVELOPMENT STANDARDS This Statement of Amended Development Standards (the "Statement") sets forth the clarifications, variances and modifications to the Fountain Hills Subdivision Ordinance adopted October 3, 1996 and the discretionary authority of the staff of the Town of Fountain Hills in connection with the development of Fountain Summit as described in Exhibit A attached to the Agreement (the "Property"). Capitalized terms not otherwise defined in this statement shall have the meaning set forth in the Agreement. Fountain Hills Subdivision Ordinance Section 305. Street Design The Town of Fountain Hills agrees to allow the development of the Fountain Summit Project with the private driveway cross-section slope not to exceed fifteen percent(15%). Section 306. Pedestrian Circulation Systems of the Town of Fountain Hills Section 306 would require an eight(8)foot sidewalk on Saguaro Boulevard adjacent to the Project.The Town of Fountain Hills agrees to allow the development of the Fountain Summit project with a six (6) foot meandering sidewalk on Saguaro Boulevard, La Montana and Panorama.The sidewalk on Panorama shall terminate where indicated at the Trail terminus. The sidewalks as allowed shall be located as set forth on the Preliminary Plat. A walking trail will be constructed in the appropriate location shown on the Preliminary Plat. The exact alignment of the walking trail shall be as agreed upon by the Town of Fountain Hills and the Developer. The development standards for this walking trial shall be amended from the sidewalk standards to require an unobstructed width of 5 feet for at least 75 percent of the trail with a 3 feet minimum width for any remaining portions. The trail shall be constructed of decomposed granite or other naturally occurring materials from the site, maintaining characteristics of the original site topography. Section 504. Hillside Disturbance Section 504(A) limits the amount of hillside disturbance that is allowed in any subdivision. Disturbance within street rights-of-way, tracts of land for private roads meeting public road standards and certain roadway grading requirements are exempt from these limitations. The Town of Fountain Hills agrees to allow the development of the Fountain Summit Project with the disturbance shown on the Preliminary Plat and using the disturbance calculation method shown on Exhibit 1 to this Statement, utilizing 55,000 square feet of hillside disturbance allowed transferred from the Diamante Del Lago development by the owner of both properties. Section 504(E) requires that an area equal to the size of the required hillside protection area be protected by a chain-linked fence six feet in height and affixed in the ground to assure non-movement. The Town of Fountain Hills agrees to allow the development of the Fountain Summit Project and the construction of housing units within the Fountain Summit Project using the alternative roping and metal stakes procedure described in Paragraph 2- No-Fencing where streets or sidewalks are being constructed.Where vertical(up or down) construction will occur within eight (8) feet of the non-disturbance boundary, chain link as otherwise required will be used. The staking and roping will be installed along the entire border on the non-disturbance boundary as shown on the Preliminary Plat and no permanent vertical construction will occur within eight (8) feet of the non-disturbance boundary except where chain link fencing is used. Roping and metal stakes will be installed and certified to the Town by an Arizona-registered land surveyor on the border of any non- disturbance boundary construction period. Chain link fencing as described in Section 504(E)is required along those Hillside Protection Easements in the event any permanent vertical construction (retaining walls, screen walls, homes) are proposed within eight (8) feet of a Hillside Protection Easement. Discretionary Staff Issues The Town staff has the authority to determine the following standards for Fountain Summit: Emergency Access The private drive ingress/egress gates located on La Montana will have a mechanism approved by the Town's fire department. Screen Walls Screen walls will be used to hide NC units and LP gas tanks from street view. Landscaping of Areas Outside of Undeveloped Areas adjacent to Hillside Protection Easements Areas adjacent to Hillside Protection Easements which is not otherwise developed will be re-vegetated to the standards noted on the Projects' landscape/re-vegetation plans. Re- vegetation activity shall be concluded prior to the issuance of any occupancy permit for any residence. O:\Documents\mrb\PAPPAN\Fountain Summit\Stmt of Amended Develop Standards.wpd 2 FOUNTAIN SUMMIT Design Guidelines All site construction, subdivision, building, grading, drainage, landscaping, fencing, or other plans for modification or improvement of the subdivision must be approved by the Committee of Architecture or such other review committees as the Homeowner's Association may designate (the "Committee"). These guidelines are promulgated in addition to the Lakeside Village guidelines. Where the guidelines conflict, the more stringent guideline shall govern. SITE DEVELOPMENT GUIDELINES The overall development principle for the "Property" is that all site improvements and construction must be done in such a way as to minimize to the extent reasonably possible the intrusion into or disturbance of the natural desert environment. However, at no time will any disturbance activity be permitted in any Hillside Protection Easement. These development guidelines recognize the building areas of this site will be mass graded and there is no intent to require procedures which hinder development. The objective is to identify the areas to be graded and to protect all else against needless or inadvertent damage. A second objective is to encourage designs that work with the natural topography as much as possible. In those instances when large fill slopes are approved, the use of retaining walls will be encouraged. As a general rule, retaining walls shall not exceed 6 feet in height and shall not have an "uninterrupted" horizontal plane greater than 100 feet. All spoils from the footings shall be removed or placed inside the retained area. Entry features to subdivisions are encouraged and must be reviewed and approved by the Committee. GRADING Prior to the start of any construction, a comprehensive "site grading and drainage" plan will be prepared and be approved by the Committee. The plan must show existing grades at 2-foot contour intervals, proposed finished pad elevations, retaining walls (with top of wall elevations shown) and drainage swales. Slopes with a vertical grade differential of 6 or more feet from existing topography and/or where the gradient is such that grading would result in 18 feet or more horizontal displacement must be contained by a retaining wall. All walls must match the surface finish and color of the primary structure. All grading shall follow these general objectives: • Prohibit the spilling of dirt down natural slopes. • A smooth natural transition where graded re-vegetated cut or fill slopes meet existing undisturbed areas. • Re-vegetation of non-retained cut and fill slopes with plant materials similar to those in the adjacent undisturbed areas. An approved plant list is attached as Exhibit 2. ARCHITECTURE Homes are to be designed to be compatible with the southwestern desert environment. Exterior materials of mortar washed slump block,stone,stucco or adobe are encouraged. Well-designed contemporary buildings that blend with the desert due to their simple low profile and horizontal lines will be encouraged. All buildings shall be similar to the elevations attached hereto as Exhibit 1. SETBACKS Building setbacks shall be those of the "M-1" zoning district. MINIMUM HOUSE SIZE Minimum livable area, exclusive of garages, patios, porches, etc. shall be 1,000 square feet. BUILDING HEIGHT Buildings are limited to 2 stories in Phase 1 with a maximum height of 30 feet above approved subdivision finished grade. Finished grade shall be the final elevation of the surface material adjacent to the building at the wall plane. Buildings are limited to 1 story in Phase 2 with a maximum height of 20 feet above approved subdivision finished grade. In Phase 2, where a stem wall is visible from the rear of a building, the maximum roof height at the rear of such building will be 23 feet above the natural grade measured at the plane of the rear wall. Chimneys shall not exceed the maximum height by more than two (2) feet. GARAGES Carports are not permitted and fully enclosed (2 bay minimum) garages are required. ELEVATIONS All elevations shall continue the design theme with detail requirements the same for front, side, and rear elevations. All residences shall be designed 2 with "360° Architecture" as the rule with detailing elements carried through on all sides. ROOFS Roofs must be designed to be compatible with the southwestern environment. Flat roofs shall be the same color as the base color of the residence. PARAPETS Parapet walls must be continuous around the entire perimeter of the house unless breaks are incorporated as an intentional element of the design. Scuppers must be a designed element and not just a projected box through the parapet. MATERIALS PALETTE All surface treatments or materials shall wrap columns, porches,or balconies in their entirety. Material changes should occur at the inside corners. Materials applied to the front elevation shall turn the corner of the structure and terminate at a reasonable architectural location. Stucco finishes shall complement those used in Puerto del Lago, Fountainhead, Arriba Del Lago, or Lakeside Patio Homes. (not heavily textured.) At raised footings, siding materials shall be continued down to within six inches of the finished grade. BUILDING COLORS The basic look for colors is to be subdued to enhance the colors of the natural surroundings. Deep, rich colors derived from the surrounding desert are preferred. Accent colors, if used, must be approved by the Committee. Variation in color from house to house is not encouraged. Lakeside Village compatibility requires a common color scheme for all houses. No Color Selected Shall Exceed 50% Reflectivity (LRV). ANTENNAE, ETC. No type of antennae, television, amateur radio, or other shall be permitted unless approved by the Committee. Satellite dishes shall be prohibited unless otherwise approved by the Committee. WALLS Where landscaping is considered,the permanence of the plant materials will be considered and the projected canopy of the trees, shrubs, or cacti used must obscure at least 50% of the wall plane. (A continuous hedge will not 3 suffice.) All walls shall be finished and painted to match the house. All approved retaining walls must be finished and painted to match the house. WINDOWS All window frame materials shall be approved by the Committee. In no instance will mill finish aluminum be allowed. CONSTRUCTION GUIDELINES The Committee may enact procedures,temporary or permanent, at any time to ensure that noise and dust abatement measures are taken by owners, builders, or their subcontractors. In the event that a builder, contractor, or subcontractor damages areas of natural open space,the owner shall be responsible for immediately restoring the damaged area to its original conditions as approved by the Committee. All areas shall be kept free of trash, materials, and waste which can be carried by the wind. The site shall be left in a neat and orderly condition at the close of each workday, with scrap materials and debris disposed of in covered receptacles, and such receptacles collected and emptied at least once per week. Hazardous debris and materials shall be removed from the site each day, and no hazardous materials shall be stored on the site overnight. All contractors shall be properly licensed and bonded within the State of Arizona and shall meet all appropriate legal requirements. LANDSCAPING Landscaping of all disturbed areas in the front of a house must be completed within sixty (60) days of substantial completion of the residence. Landscaping/revegetation visible from the rear of a house must be completed prior to the issuance of any Certificate of Occupancy by the Town. These areas must be landscaped according to plans approved with the formal submittal. Landscaping programs must be sensitive to the desert environment. The portion of the lot visible from the street should have a semi-manicured, desert character using indigenous and/or desert-adapted plant materials from the approved list in Exhibit 2 A limited amount of grass area may be allowed at the discretion of the Committee. Dark colored rock, white rock, lava rock, or two-tone rock is not permitted. River rock in a limited amount may be used in drainage areas. 4 EXHIBIT 1 Approved Building Elevations EXHIBIT 2 Fountain Summit Approved Plant List Botanical Name Common Name Trees: Acacia Species Acacia Cercidium Floridum Blue Palo Verde Cercidium Praecox Palo Brea Cercidium Microphyllum Foothills Palo Verde Geijera Parviflora Australian Willow Olneya Tesota Ironwood Prosopis Species Mesquite Cacti: Carnegiea Gigantea Saguaro Echinocereus Englemannii Hedgehog Ferocactus Wislizenii Barrel Cactus Opuntia Species Prickly Pear and Cholla Shrubs: Baccharis Sarathroides* Desert Broom • Beloperone Californica Chuparosa Caesalpinia Mexicana Mexican Bird of Paradise Caesalpinia Pulcherrima Red Bird of Paradise Cassia Species Cassia Dalea Pulchra Gregs Dalea Dalea Wislizenii Indigo Bush Dasylirion Weeleri Desert Spoon Dodonaea Viscosa Hopseed Bush Encelia Farinosa Brittle Bush Fouquieria Splendens Ocotillo Larrea Tridentata Creosote Bush Leucophyllum Frutescens* Texas Ranger Leucophyllum Laevigatum Chihuahuan Sage Rhus Ovata Sugar Bush Ruellia Penninsularis Ruellia Simmondsia Chinensis Jojoba *Hybrids also available Grasses, Ground Cover, and Annuals*: Botanical Name Common Name Abronia Villosa Sand Verbena Acacia Redolens Trailing Acacia Aloe Species Aloe Argemone Pleicantha Prickly Poppy Aristida Purpurea Red Three Awn Asclepias Subulata** Desert Milkweed Atriplex Species Salt Bush Baileya Multiradiata** Desert Marigold Bromus Rubens Red Brome Cassia Covesii** Desert Senna Dalea Greggii Trailing Indigo Bush Dasylirion Wheeleri Desert Spoon Encelia Farinosa Brittle Bush Eragostis Atherstone Cochise Lovegrass Eschcholzia Mexicana Mexican Gold Poppy Hesperaloe Parviflora Red Yucca Justicia Spicigera Desert Honeysuckle Melampodium Leucanthum** Blackfoot Daisy Oenothera Berlandieri Mexican Primrose Penstemon Species** Penstemon Plantago Patagonica Indian Wheat Salvia Greggii Texas Red Salvia Santolina Chamaecyparisus Lavender Cotton Schismum Barbatus Schismum Sphaeralcia Ambigua** Desert Mallow Verbena Pulchella "Gracilior" Rock Verbena Yucca Species Yucca Zauschneria Californica Hummingbird Flower * These grasses, ground covers, and annuals, as well as the seed of other plants on this Approved List,are useful in hydroseed re-vegetation of scarred areas. These are normally custom mixes. ** Available only in hydroseed mix. 0:\Documents\mrb\PAPPAN\Fountain Summit\Design Guidelines.wpd 7