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HomeMy WebLinkAbout1999.0506.TCRMP.Packet 4, All'ilk �� NOTICE OF REGULAR SESSION 0 0 OF THE = o • 4 �'� tst 1 FOUNTAIN HILLS TOWN COUNCIL that is Alt Mayor Morgan Councilman Apps Councilwoman Wiggishoff Councilman Wyman Councilman Poma Vice Mayor Mower Councilwoman Hutcheson WHEN: THURSDAY, MAY 6, 1999 TIME: 6:30 P.M. WHERE: TOWN HALL COUNCIL CHAMBERS 16836 E. Palisades, Building B I RULES FOR ADDRESSING THE COUNCIL—ADOPTED 1/18/90 (IIIIWis 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 Gary Kush—Fountain Hills Presbyterian 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 enda,they may request so prior to the motion to accept the consent agenda. The item will be removed from the Consent sporo Agenda and considered in its normal sequence on the agenda. Town Council Meeting Agenda Regular Session May 6, 1999 *1.) Consideration of APPROVING THE MEETING MINUTES of April 15th, 1999. 4. r *2.) Consideration of RESOLUTION 1999-18, abandoning whatever right, title or interest the Town has in certain public utility and drainage easements located along the westerly and southerly property lines of Plat 507B, Block 1, Lot 8 (14851 E. Golden Eagle Blvd.) as recorded in Book 165 of Maps, Page 38 records of Maricopa County,Arizona. (Vacura-EA99-07). *3.) Consideration of RESOLUTION 1999-19, abandoning whatever right, title or interest the Town has in certain public utility and drainage easements located along the northerly property line of Plat 602B, Block 2, Lot 19 (13046 N. Mimosa Drive) as recorded in Book 166 of Maps, Page 32 records of Maricopa County, Arizona. (Nguyen/Loveburg EA99-02). *4.) Consideration of RESOLUTION 1999-20, abandoning whatever right, title or interest the Town has in certain public utility and drainage easements located along the southeasterly property line of Plat 605B, Block 3, Lot 13 (15921 E. Trevino Drive) as recorded in Book 164 of Maps, Page 13 records of Maricopa County, Arizona. (Ahern EA99-08). *5.) Consideration of RESOLUTION 1999-21 abandoning whatever right, title or interest the Town has in certain public utility and drainage easements located along the northeasterly property line of Plat 605C, Block 1, Lot 15 (11209 N. Pinto) as recorded in Book 164 of Maps, Page 14 records of Maricopa County, Arizona. (Schwab EA99-09). 6.) QUARTERLY REPORT by Public Safety Director Steve Gendler. 7.) UPDATE by Community Center Advisory Commission Chairman Walt Franklin on site plan revisions to the Community Center Complex. 8.) Consideration of ACCEPTING THE RECOMMENDATION OF THE CITIZEN COMMITTEE for the 1998/99 distribution of Local Transportation Authority Fund monies. 9.) DISCUSSION of various ways to implement a public input process for future Council consideration of the McDowell Mountain development agreement and associated preliminary plats. 10.) Consideration of the PRELIMINARY AND FINAL PLAT that would split Lot 5 of the Dittler Subdivision, located at the southeastern corner of the intersection of El Pueblo Boulevard and Grande Boulevard, Case Number Z99-002. 11.) PUBLIC HEARING ON A SPECIAL USE APPLICATION to allow a residential project in the "C-2" Zoning District, which is located on Lot 5 in the Town Center II development, which is north of El Lago Boulevard and west of La Montana Drive, Case Number SU99-01. 12.) Consideration of a SPECIAL USE APPLICATION to allow a residential project in the "C-2" Zoning District, which is located on Lot 5 in the Town Center II development, which is north of El Lago Boulevard and west of La Montana Drive,Case Number SU99-01. 13.) Consideration of the PRELIMINARY PLAT for the 46-unit condominium project known as Villas of Fountain Hills Condominiums, located on Lot 5 of Town Center II, Case Number S99-004. 14.) PUBLIC HEARING ON ORDINANCE 99-15 amending Chapters 1, 5 and 10 of The Zoning Ordinance for the Town of Fountain Hills by modifying two definitions and permitting guest houses in any single-family residential zoning district given certain restrictions and setting specific setbacks for accessory buildings, Case Number Z99-05. Town of Fountain Hills Page 2 of 3 Last printed 05/05/99 3:53 PM Town Council Meeting Agenda Regular Session May 6, 1999 15.) Consideration of ORDINANCE 99-15 amending Chapters 1, 5 and 10 of The Zoning Ordinance for the Town of Fountain Hills by modifying two definitions and permitting guest houses in any single-family residential zoning district given certain restrictions and setting specific setbacks for accessory buildings, Case Number Z99-05. 16.) PUBLIC HEARING ON ORDINANCE 99-7 amending The Zoning Ordinance for the Town of Fountain Hills, Chapter 6, Section 6.07 by further defining the requirements for comprehensive sign plans, Case Number Z99-06. 17.) Consideration of ORDINANCE 99-7 amending The Zoning Ordinance for the Town of Fountain Hills, Chapter 6, Section 6.07 by further defining the requirements for comprehensive sign plans, Case Number Z99-06. 18.) PUBLIC HEARING ON ORDINANCE 99-18 amending Chapter 5 of The Zoning Ordinance for the Town of Fountain Hills by modifying the front or streetside yard setback regulations for certain lots abutting "hammerhead"-type culdesac,Case Number Z99-12. 19.) Consideration of ORDINANCE 99-18 amending Chapter 5 of The Zoning Ordinance for the Town of Fountain Hills by modifying the front or streetside yard setback regulations for certain lots abutting "hammerhead"-type culdesac,Case Number Z99-12. 20.) PUBLIC HEARING ON ORDINANCE 99-13 amending The Zoning Ordinance for the Town of Fountain Hills, Chapter 5, Section 5.14, Home Occupations, by disallowing the outdoor storage of materials related to the home occupation and by defining the types of uses not allowed as home occupations, Case Number Z99- 02. ,,,. 21.) Consideration of ORDINANCE 99-13 amending The Zoning Ordinance for the Town of Fountain Hills, Chapter 5, Section 5.14, Home Occupations, by disallowing the outdoor storage of materials related to the home occupation and by defining the types of uses not allowed as home occupations,Case Number Z99-02. 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.) ADJOURNMENT. DATED this 5`"day of May, 1999. By: Cassie B. Hansen,Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice)or 1- 800-367-8939(TDD)48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting. Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office. L Town of Fountain Hills Page 3 of 3 Last printed 05/05/99 3:53 PM (how Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, TOWN CLERK Date: 05/05/99 Re: AGENDA UPDATE There are a couple of changes to the agenda for Thursday's meeting as follows: wi-E J Aik.Wir , -f,;,-,, : 4. "LE . a ITEM #2 — RESOLUTION 1999-17 y This easmentb�n for Mirage Homes has been removed from the agenda at the _ ' , ;request cf the applica v:Y' 9-- SCUSSION REGARDING PUBLIC INPUT PROCESS uest,F of the Mayor. A copy of her memo regarding this addition -ts attdc e. e 4 k, '1/4 Y°t� ii alsovf�d'a*ragenda for the FHWC CFD meeting with a couple of format changes cor c Y t� ion number for Resolution 1999-01-FHWC. A new FHWC resolution is also _" i h the corrected resolution number. As always, if you have any questions, please do not hesitate to call. Page 1 of 1 Cassie Hansen Last printed 05/05/99 4:02 PM 05/05/99 MEMORANDUM L TO: THE O ORA t E MAYOR AND TOWN COUNCIL FROM: PAU 1 IL .', TOWN MANAGER DATE: APRI 30, 199' RE: MANAGER'S REPORT FOR THE MAY 6th COUNCIL MEETING Reminder: There are five Public Hearings on this agenda. Another special session of the Fountain Hills Water Company CFD Board will be held at 5:30 p.m. on Thursday, May 6th, preceding the regularly scheduled council meeting. This meeting will be held in the Building C Conference Room and pizza will be available. The agenda will be provided to you on Monday. CONSENT AGENDA: There are six items on the consent agenda. Please review the items and contact me should you determine any should be removed. AGENDA ITEM#7—MONTHLY REPORT BY MARSHAL GENDLER: Steve will present his quarterly public safety report. He will be happy to answer any questions you may have regarding the Town's law enforcement activities. AGENDA ITEM#8 - COMMUNITY CENTER RECOMMENDATION: Walt Franklin will present a revised Community Center site plan. No council action is being requested. Please see Cassie's enclosed memo. AGENDA ITEM#9 - CITIZEN COMMITTEE RECOMMENDATIONS FOR LTAF: The LTAF Committee reviewed nine distribution requests totaling $20,200. The available amount for distribution this year is $9,900. After carefully considering all available information, the Committee submitted their recommendations for distribution of the available funds. Please see Cassie's attached report. AGENDA ITEM# 10 - PRELIMINARY AND FINAL PLAT/LOT 5 - DITTLER SUBDIVISION: This plat is a request that would split existing Lot 5 of the Dittler subdivision to create Lots 5A and 5B. The Planning and Zoning Commission unanimously voted to recommend approval of the lot split, with a stipulation. As of yet, we are not aware of any neighborhood objections to this lot split. Dana's memo is enclosed. AGENDA ITEMS # 11,#12 & #13 - PUBLIC HEARING/SPECIAL USE APPLICATION/PRELIMINARY PLAT/VILLAS OF FOUNTAIN HILLS: 4111, A public hearing is on the agenda to collect input regarding the allowance of a multi- family residential development in a commercial zoning district (Town Center II, Lot 5). Approval of the preliminary plat for the 46-unit Villas of Fountain Hills Condominiums project will also be considered. The Planning and Zoning Commission unanimously recommended approval of both the special use permit and preliminary plat. Staff also recommends approval, with stipulations. Please refer to Geir's report. AGENDA ITEMS# 14 & # 15 - PUBLIC HEARING/ORDINANCE 99-15/GUEST HOUSES: Another public hearing is on the agenda to collect comments regarding guesthouses. Council will consider amending chapters 1 and 10 of the current zoning ordinance. If approved, two definitions would be revised to allow guesthouses in any single-family zoning district by special use permit with certain restrictions. See Geir's memo. AGENDA ITEMS# 16 & # 17 - PUBLIC HEARING/ORDINANCE 99-7/ COMPREHENSIVE SIGN PLANS: This public hearing is on the agenda to receive input to consider regulations for a comprehensive sign package. These regulations were designed to provide minimum requirements for signage at commercial centers. This item was continued from the March 4th council meeting to allow staff further review time. The Planning and Zoning Commission recommended approval at their February 11th meeting. Please see Dana's report. AGENDA ITEMS # 18 & # 19 - PUBLIC HEARING/ORDINANCE 99-18/ HAMMERHEAD CUL-DE-SACS: Following this public hearing, council will consider initiating a change to the front and/or street setbacks for some lots on hammerhead cul-de-sacs. (This item was also continued from a prior council meeting.) Jeff s memo is attached. AGENDA ITEMS #20 & #21 - PUBLIC HEARING/ORDINANCE 99-13/HOME OCCUPATIONS: This public hearing is scheduled to receive input regarding proposed language revisions to the "Home Occupations" section of the zoning ordinance. Council will consider the limitation of uses as home occupations and on-site outdoor storage of materials related to home occupation. See Geir's memo. L Manager's Report May 6,1999 Council Meeting Page 2 of 2 MEMORANDUM TO: Honorable Mayor and Town cil , FROM: Randy L. Harrel, Town Engine DATE: April 30, 1999 RE: Easement Abandonment 99-03; Resolution 1999-17 16627 E. Saguaro (Plat 412A, Block 11, Lot 1) & 16857 E. Saguaro (Plat 412A, Block 8, Lot 11) Cambric Real Estate Holdings, L.L.C. Staff currently is reviewing this easement abandonment and its proposed stipulations with the applicant. The Staff Report will be submitted early next week for Council's consideration. L G:\Easement Memo\EA99-03 Mirage(Cambric Homes)Delay Letter.doc MEMORANDUM Chron 118 TO: Honorable Mayor and Town Council FROM: Art Candelarii, Engineer/Plan fewer REVIEWED: Ra • L. Hanzl, Town Engine101 Al THROUGH: Pa . I. Cif, Town Manager DATE: Apr 30, 1994' RE: Easement A•andonment 99-07; Resolution 1999-18 14851 E. Golden Eagle Blvd. (Plat 507B, Blk 1. Lot 5) Gordon Vacura This item on the Town Council's agenda is a proposal to abandon the ten (10)foot public utility and drainage easements located at the westerly and southerly property lines of Lot 1, Block 5, Plat 507B, (14851 E. Golden Eagle Blvd.). The property owners of Lot 5 desires the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. Staff has received no comments to date from the adjacent property owners. The northerly 20' of the westerly 10' public utility and drainage easements and the easterly 20' of the southerly 10' public utility and drainage easements will be retained for existing and potential future utility boxes. 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 5 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 1999-18. cc: Gordon Vacura Lir Dave Winn, Everview Realty David&Kay Gebhard Cynthia Ruiz G:\Easement Memo\EA99-07,Gordon Vacura,Plat 507B-1-5.doc When recorded, return to: 1gineering Department Town of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 1999-18 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT,TITLE, OR INTEREST IT HAS IN A PORTION OF THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE WESTERLY AND SOUTHERLY LOT LINES OF LOT 5, BLOCK 1, OF PLAT 507B, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 165 OF MAPS, PAGE 38, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real property located in the Town of Fountain Hills, may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, The Town Council of the Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or L other lawful means; and WHEREAS, All present utility companies have received notification of the proposed abandonment; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That a portion of the certain ten (10)foot public utility and drainage easements, located at the westerly and southerly property lot lines of Lot 5, as shown in Exhibit A; of Plat 507B, Block 1, Lot 5, Fountain Hills, Arizona; as recorded in book 165 of maps, page 38 records of Maricopa County, Arizona; are hereby declared to be abandoned by the Town of Fountain Hills. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 5 are required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting therefrom or existing previous to any action by the Town. „► Resolution 1999-18 - J_ - g Page 1 of 2 PASS 'AIL MOTION `A)tf,q rSho-�'� SECOND jnoer COUNT 6o-O LSSED AND ADOPTED this 6th day of May 1999. ATTEST: FOR THE T WN OF FOUNTAIN HILLS dAitz Cassie B. ansen, Town Clerk Sharon Morgan, May REVI BY: APPROVED AS TO FORM: / CP age rdin, own Manager William E. Farrell, Town Attorney Y L Resolution 1999-18 Page 2 of 2 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 507B BLOCK 1 LOTS 5 i /- ' ' / / '/ Q - �`'v /./ /. N /- /' Q�.N /-/ \ \ G°\' ,/, 0 00 ' , 5, /-/ Nc.e./p 00 25 \ / P.U.E. 8 D.E. - o ,?J \RETAINED ><\ i90 N, \ Q . /' \\ \\ LOT 5 `\o_ �\ �O \ \ 20 ` \ /'ti, ' \0 0 ` 7 P. LOT 4 \ c\ _ -\ \ >► \ o \ 0 ABANDONED 10' \ PUBLIC UTILITY \ ° !S' 00,—— �, p \ & DRANAGE ESMT. , Va........ \\ �L P.U.E. & D.E. , 5 ‘ \ /�v�a p�apE�-- RETAINED \ \ P vE— ,� 0 0, P,— LOT 6 \ \ m N \ ' LOT 63 c co \ SI' m o %\ co n C � mm v�ry %- v L. ;� �5545 • o HARri ..301: APi( SCALE: 1"=50L ' J ' DATE: 4-30-99 n7:: MEMORANDUM atron 122 TO: Honorable Mayor and Town Council FROM: Art Candelari Engineer/Plan Review r REVIEWED: Ran L. rre wn Engine Ali THROUGH: Paul L. r n Manager DATE: April 26, 1 RE: Easement Abandonment 99-02; Resolution 1999-19 13046 N. Mimosa Drive Plat 602B, Block 2, Lot 19 Nguyen/Loveburg This item on the Town Council's agenda is a proposal to abandon the ten (10)foot public utility and drainage easements located at the northerly property line of Lot 19, Block 2, Plat 602B, (13046 N. Mimosa Drive). The property owners of Lot 19 desires the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. Staff has received no comments to date from the adjacent L property owners. The easterly 20' of the northerly 10' public utility and drainage easements will be retained for existing and potential future utility boxes, and the rear 10' easement needs to be retained for utility usage. Additionally, staff has no objection to encroachment of a proposed retaining wall and concrete driveway within the 20' easement area retained as shown on the applicant's site plan. 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 19 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 1999-19 . cc: Phan Nguyen/Loveburg Sivage-Thomas Homes Harrison Hobart Mark&Bonita Kline Finley&Janet Itsell Robert&Theresa Wofford G:\Easement Memo\EA99-02,Nguyen-Loveburg,Plat 602B-2-19.doc when recorded, return to: %.,figineering Department Town of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 1999-19 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENT ALONG THE NORTHERLY LOT LINE OF LOT 19, BLOCK 2, OF PLAT 602B, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 166 OF MAPS, PAGE 32, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real property located in the Town of Fountain Hills, may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, The Town Council of the Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, All present utility companies have received notification of the proposed abandonment; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That a portion of the certain ten (10)foot public utility and drainage easements, located along the northerly property lot line of Lot 19, as shown in Exhibit A; of Plat 602B, Block 2, Lot 19, Fountain Hills, Arizona; as recorded in book 166 of maps, page 32 records of Maricopa County, Arizona; are hereby declared to be abandoned by the Town of Fountain Hills. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 19 are required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting therefrom or existing previous to any action by the Town. Resolution 1999-19 Page 1 of 2 PASS! AIL s— 0 q OTION (i di q % k cfc SECOND tvl- v COUNT CO _o CSSED AND ADOPTED this 6th day of May 1999. ATTEST: FOR THE TOWN OF FOUNTAIN HILLS ,C) )CIA.4--) ssie B. Hansen, Town Clerkiti/r( Sharon Morgan, ayor REVI D BY: APPROVED AS TO FORM: iat.--, ///. (i/Li* ? ;- 'r-e .1/4/(0 d. rdi , Town Manager William E. Farrell, Town Attorney Y Resolution 1999-19 Page 2 of 2 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 602-B BLOCK 2 LOT 19 EL LAGO BLVD. LOT 18 30' 30' R/W R/W — — — .p4'30' E 125.92' 7714L L/i PLAT 601—A �� 0�� BOOK 161 PAGE 44 10' PUBLIC UTILITY do RETAIN Ifi ' I g I DRAINAGE EASEMENT 8 SI I8 I 10' P.u.E. LOT 19 I g I IN ao do D.E g w o EE a L 125.00' N 90'00'00* W O LOT 21 LOT 20 �Fcc� r 1 545 0 cg' I p � LANLANE f°rn 1 SCALE: r=40 TA N A MEMORANDUM Chron 112 TO: Honorable Mayor and Town Council FROM: Art Cand laria, Engineer/Plan wer l ti REVIEWED: a dy L. rrel, Town Enginee lvyj ir THROUGH: P rdin, Town Manager DATE: Ap it 30, 1 99 RE: Easement bandonment 99-08; Resolution 1999-20 15921 E. Trevino Drive Plat 605B, Block 3, Lot 13 This item on the Town Council's agenda is a proposal to abandon the ten (10)foot public utility and drainage easements located at the southeasterly property line of Lot 13, Block 3, Plat 605B, (15921 E. Trevino Dr.) as shown in Exhibit"A". The property owners of Lot 13 desires the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. Staff has received no comments to date from the adjacent property owners. The northerly 20' of the southeasterly 10' public utility and drainage easements will be retained for existing and potential future utility boxes. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. We have calculated the amount of drainage area tributary to Trevino Drive. The drainage flows are such that the Town does not need the drainage easement in question. 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 13 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 1999-20. cc: Linda& Daniel Ahern Michael Peissner Artman Mandakas Karen -/Renaissance Custom Homes G:\Easement Memo\EA99-08,Ahem,Plat 605B,Blk3,Lot 13 Trevino Dr..doc eWhen recorded, return to: ngineering Department Town of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 1999-20 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN A PORTION OF THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENT ALONG THE SOUTHEASTERLY, LOT LINE OF LOT 13, BLOCK 3, OF PLAT 605B, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 164 OF MAPS, PAGE 13, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real property located in the Town of Fountain Hills, may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, The Town Council of the Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, All present utility companies have received notification of the proposed abandonment; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1, That portions of the certain ten (10)foot public utility and drainage easements, located along the southeasterly property lot lines of Lot 13, as shown in Exhibit A; of Plat 605B, Block 3, Lot 13, Fountain Hills, Arizona; as recorded in book 164 of maps, page 13 records of Maricopa County, Arizona; are hereby declared to be abandoned by the Town of Fountain Hills. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 13 are required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting therefrom or existing previous to any action by the Town. iir Resolution 1999-20 Page 1 of 2 S— (9_ ' 5 -ASS AIL OTION COI SECOND M d web— COUNT CSSED AND ADOPTED this 6th day of May 1999. ATTEST: F E TOWN O FOUNTAIN HILLS evvIA_cc_.) 15 Cassie B. Hansen, Town Clerk Sharon Morgan, ay REV D BY: ' APPROVED AS TO FORM: %ActAi: au L. di , Town Manager William E. Farrell, Town Attorney L Resolution 1999-20 Page 2 of 2 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" Le 605B BLOCK 3 LOT 13 . Np 1 , �j . 8:5 :9O5t �� �, N O 0 =04°40'46" N. %,.,...... R=725.00' /--- L=59.21 ' I.: // LOT 12 ,,� ,-- // O , r' / RETAIN PUBLIC ,o i-" / UTILITY & (hp, °� 40 / // DRAINAGE ESM'T /�. // LOT 13 is735— • PROPOSED /'" c LOT 14 PUBLIC UTILITY & ! DRAINAGE ESM'T. 7` / ABANDONMENT 4 / /- / / / 10, ' I / / / /4 / opIANe �1' / / i• do F /6 � . /. i / 16545 ; N 4°7 • v( < / RANDYL. S 00, �,,,. / a HARRtl A 1 (f ere )' : 'lR \ y S/.ned• Q,. il,ii, L. p(JF �F4 ,\ R`A „s /Ai 0 . ALE: 1"=60' Chron 114 MEMORANDUM TO: Honorable Mayor and Town Council FROM: Art Candel• •, Engineer/Plan viewd REVIEWED: R• d L. Harr_ Town Engine r l,/,' THROUGH: Pa .. • , • n Manager DATE: April2° 1999 RE: Easement Abandonment 99-09; Resolution 1999-21 11209 N. Pinto (Plat 605C, Block 1, Lot 15) Andreas&Gwen Schwab This item on the Town Council's agenda is a proposal to abandon the ten (10)foot public utility and drainage easements located at the northeasterly property line of Lot 15, Block 1, Plat 605C, (11209 N. Pinto) as shown in Exhibit"A". The property owners of Lot 15 desires the assurance that any future improvements made to the lot will not be infringed upon by 4111., 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 15 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 1999-21. cc: Andreas & Gwen Schwab Michael &Wendy Sabatina James &Mary Walton Loy G:\Easement Memo\EA99-09,M&M Schwab,Plat 605,B1k I,Lot 15.doc When recorded, return to: %soigineering Department Town of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 1999-21 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENT ALONG THE NORTHEASTERLY LOT LINE OF LOT 15, BLOCK 1, OF PLAT 605C, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 164 OF MAPS, PAGE 14, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real property located in the Town of Fountain Hills, may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, The Town Council of the Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, All present utility companies have received notification of the proposed abandonment; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That the certain ten (10)foot public utility and drainage easements, located along the northeasterly property lot line of Lot 15, as shown in Exhibit A; of Plat 605C, Block 1, Lot 15, Fountain Hills, Arizona; as recorded in book 164 of maps, page 14 records of Maricopa County, Arizona; are hereby declared to be abandoned by the Town of Fountain Hills. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 15 are required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting therefrom or existing previous to any action by the Town. Resolution 1999-21 Page 1 of 2 ASS/ AIL - MOTION (A.) c iSkQ-r-e. SECOND ,I o e _:QU N , lD CASSED AND ADOPTED this 6th day of May 1999. ATTEST: FOR THE TOWN OF FOUNTAIN HILLS CA//24-t) 0 _A‘t,41,, Cassie B. Hansen, To n Clerk aron Morgan, Mayor REV ED BY: APPROVED AS TO FORM: ,/ l 1' , jz____ (-1-42./Ik. L. •r.in anager William E. Farrell, Town Attorney L Resolution 1999-21 Page 2 of 2 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 605— C BLOCK 1 LOT 15 LOT 17 clF�� / \ J' s/ ti :s LOT 16 ��' .roe, � oo \ A/ / �. i3O , ' / ��` 10' PUBLIC UTILITY & 0Ifk t1j‘0 DRANAGE EASEMENT A:ANi. $0:r LOT 6 LOT 15 4' 4, / "o- �• / . 4 0 'SO �ti�" LOT 14 42.LOT 7 BLOCK 4 .p "Ds• 6 • ID ,���s.1/(j((l -S"�'�sue. 7 _,ftc r-. /,5>. LOT 1 FO ti`,. 16545 ,... 6 BLOCK 3 RA! D� L. ,, ,....„.„,.., , Sr , SCALE: f"=40' ,11 , L Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, TOWN CLERK Date: 04/29/99 Re: AGENDA ITEM #8— UPDATE ON COMMUNITY CENTER SITE PLAN On Tuesday, April 13th, the Community Center Advisory Commission met to review the revised site plans prepared by Rob Dietz as part of the redesign of the Community Center project. At the April 14, Vice Mayor Mower suggested that a campus design be explored. Rob prepared ans c• •nsideration. Reproductions of these plans are included in your packet. Of the r'ee • fir e Commission unanimously supported "Plan C"which satisfies the need to !_ onstruct the com•®_+- individually while maintaining a sense of place for future development. The footprint of th- • munity Center essentially remains unchanged, eliminating the need for '- - • .esi• The b• area will be modified for the single building configuration but can easily •,A •cr ••ssible construction of the library and performing arts center. The three at litre :r hitecturally connected with a covered promenade defining a sizeable courtyard that-it; ;, yet a fourth amenity. The Commission unanimously supported recom "end n th ,fit ouncil include the covered promenade and courtyard in the Community const , he mechanical plant has been relocated and could one day be "balanced •'3 e walled loading area to the performing arts center. Commission Chairman Walt Franklin will update the Council at Thursday's meeting and review the three site plans. If the Council is comfortable with the direction the Commission is going with Plan C, a meeting will be scheduled to fine tune the details of the lobby redesign. On May 18th, the future of the library/museum will be decided, providing additional information to the redesign process. The Commission will work with Mr. Dietz to finalize the design details and revised estimates for the first meeting in June. Page 1 of 1 Cassie Hansen Last printed 04/29/99 3:48 PM 04/29/99 illarr--I \ t---\ r ii U< i .._, (. ._., \.. -) ,--, '.t:3 I• • • 1.4 � 0\• ,,,,,,,,,,,,,,,,,111111111,1111111111, 111111 „111,11,1„► ,,, • L k I.) 1-1 CD \ (-N r pU > < 0 0 > E o 0 0 > < ;_i U U H 0,1 ct ...._,) \--/ ( '.--1 -) M a H .., • Ste ..z 00 • s % otos 44.4110 OP 408 „E, i t - i 01. 1r 4.0 go 8 .....1111111111 111111 1111111111 01 00 • 'Z+ cl Z1., El F tax k O r s U ;._4 • 0 U > : ii, % > lo. % ,4 u I.) > • il Z % % . i •._.., (\---1 -1 > < 1 ii ,15 ) cm • • � ti 1� 0"0 v U o � o (Y 2 • �/11 ,,\\ o 0 0 0 i iii ll L +N il O\ foi 01 I III111110111 IIIIIIIIOc., ; �� _ v\.,_ rl h wQ MEMORANDUM TO: HONORABLE MAYOR AND TOWN COUNCIL TAIN 0- Ir FROM: CABBIE HANSEN,TOWN CLERItop•Fi a �) = DATE: APRIL 28, 1999 e - 4 Ilt ;s • RE: CITIZEN COMMITTEE RECOMMENDATION FOR DISTRIBUTION OF LTAF MONIES Agenda Item#9: Citizen Committee Recommendation for Distribution of LTAF Monies The LTAF Review/Selection Citizen Committee met Wednesday, April 28th to share their ideas, reach a consensus, and formulate a recommendation to the Council for the distribution of lottery monies. As you know, pursuant to A.R.S. 28-2603, ten percent of the Local Transportation Assistance Funds (LTAF) which the Town receives can be used for purposes other than transportation including cultural, educational, historical, recreational or scientific facilities programs. An equal cash match,from non-public monies, must be obtained from grant recipients. The Committee reviewed nine applications that represented requests totaling $20,200. Since the amount available for distribution this year was $9,900, the committee carefully reviewed and assessed the merits of each request, discussing and compromising until a consensus was reached on each one. All requests met the statutory requirements and satisfied the application format. The Committee used some of the following thoughts in assessing the applications and arriving at distribution amounts: • Consideration of past recipients and funding histories of each group. • Other sources of income and ability to raise funds. • Community benefit of past projects — did the programs live up to the expected results, were they successful. • Appropriateness of the request for the projected project. • Completeness of the application itself and the specificity of the request/project. • Additional Town funding such as Community Benefit money. One member contributed additional information regarding the recent funding awards from the Sunridge Foundation. These were as follows: The Boys and Girls Club $25,000 The Historical Society $5,000 The Community Theater $3,000 '98/'99 LTAF Distribution Page 1 of 2 L The Soccer Club $5,000 The Golden Eagle Foundation $30,000 (over the next 3 years) The Falcon Fiesta $1,000 The Committee found it helpful to consider all available funding information in formulating their recommendation. Each member of the Committee brought their individual recommendations to the table and with some minor adjustments, a consensus was quickly reached. They noted that all but one award, the Historical Society, directly benefited the youth of the community. There was a desire to maintain previous funding levels where feasible. Attached is a summary chart which shows all of the applications received, the projects for which funds would be used, the amounts requested and the Committee's recommendation for award. Also included is a short summary of the Committee's rationale for the recommended award. The citizen committee consisted of: Bill Ayres Sheri Hodges Lee Robinson Elaine Rugg Millie Russell All members were diligent in thoroughly reading and evaluating the application materials. It was evident that they took their charge seriously and put alot of time and effort in making their recommendations. At the meeting there was a willingness to listen and share ideas in order to award funds where they would do the most good. The Committee is aware that their recommendation is just that, a recommendation that the Council can change or modify as they see fit. Included with the support documentation is a copy of the public notice that ran in the Times for six weeks. It was also displayed at the Town's regular posting places and on Channel 11. An application format and all other information supplied to the Committee is also attached. If you have any questions, please feel free to contact me. I'm sure the Committee members would be more than happy to answer any questions you may have for them. Full sets of the applications were not re-produced for the packets. If you would like to see more than the summary sheet material,please let me know. The full set of applications is available for review in my office or we would be happy to make you a complete set upon request. Footnote. Prior to the Committee meeting, staff had been informed that the lottery fund had reached the $23 million amount statutorily required for the 10% distribution. A correction was received on 4/30/99 that the amount is only $22.68 million. Council can approve the recommendation but staff will not issue the checks until the $23 million amount has been reached. It is possible that this could happen as soon as the May 6th meeting. '98/'99 LTAF Distribution Page 2 of 2 APPLICATIONS TO THE TOWN OF FOUNTAIN HILLS FOR LTAF MONIES - 1998/99 RECOMMENDED DISTRIBUTION ORGANIZATION REQUEST/AWARD BOYS AND GIRLS CLUBS OF SCOTTSDALE $1,500/$1,500 *Primary Function/Purpose in Community: -To provide an environment for youth in which boys and girls can be assured The Committee was very friendship,respect,and increased self-esteem. supportive of the Boys *Previous Projects: and Girls Club and felt -Contributed to Youth Town Hall;Thanksgiving Day Parade;Founders Day; they benefited an Midnight Madness;Mervyns Child Spree. Established partnerships with increasing number of CattleGuard Alliance,Sunset and Noon Kiwanis. Offered teen to child mentoring. youth in the community. *Projected Project Requesting Funding: -$1,500 to continue support of the"Power Hour"after school homework program through the purchase of an additional computer and software. *Matching funds available. FOUNTAIN HILLS SOCCER CLUB $5,000/$700 *Primary Function/Purpose in Community: The Committee felt this -To encourage good sportsmanship and health by teaching,developing,promoting, request was a bit and playing the game of soccer. *Previous Projects: excessive, representing -Donated funds and equipment to the Middle/High School soccer teams; more than half the established annual Middle School Outstanding Player Award in 1996;provided available funds. Felt the club scholarships for financially challenged players;provided sibling discounts for participants could help families with multiple players;established used soccer equipment exchange in fund raising efforts program in 1996. and that operational *Projected Project Requesting Funding: costs should not be that -Funds would be used to offset club registration scholarships;purchase goals,nets high. and corner flags at Golden Eagle Park; subsidize training costs not covered by registration fees;expand training program;purchase equipment and handbooks; offset expenses associated with mailings and office supplies;enhance player recruitment program;target female players. *Matching funds available. CUB SCOUT PACK#243 $2,000/$1,000 *Primary Function/Purpose in Community: -To train boys in areas of citizenship,moral strength,character and to enhance the The Committee was very development of physical,mental and emotional fitness. supportive of all scouting *Previous Projects: activities—felt the award -Clean up of Fountain Park after the July 4th celebration. was commensurate with - Raise money through bake sales for Christmas angels. the recommendation that - Fill and clean-up luminaries. was made last year. - Participate in"Scouting for Food"to supply food to the food bank. - Christmas caroling for Meals on Wheels recipients - Lead the pledge at Council meetings. - Participate in Adopt-a-Street and Golden Eagle Park clean-ups. (IfiProjected Project Requiring Funding: -To use for"Camperships"for scouts who can't afford to go to camp. *Matching funds available. II FOUNTAIN HILLS COMMUNITY THEATER $5,000/$1,000 *Primary Function/Purpose in Community: The Committee felt the -To provide the community with quality theatrical productions,performances and develop additional education and children's performance opportunities. Theater receives a lot of *Previous Projects: community support — -Used theater building to provide workshops, summer camps and children's theater; felt the request a bit continued to provide community with quality theatrical productions;provided excessive,more than half entertainment, speakers for service and civic organizations;participated in many the available funds. and varied community projects and activities;assisted churches and organizations Comments that the with costumes,lights, sound,sets and expertise. summer camp and NY *Projected Project Requesting Funding: trip was exotic and -$3000 for summer camp scholarships and$2000 to increase public awareness of didn't benefit as many after school programs. participants. They felt *Matching funds available. that Summer stock will also provide additional funding opportunities. FOUNTAIN HILLS BOY SCOUTS TROOP 343 $1,000/$1,000 *Primary Function/Purpose in Community: -To develop Fountain Hills youth into responsible,contributing members of the The Committee was very community;to develop self confidence and leadership qualities in young men. supportive of all the *Previous Projects: scouting requests. -Maintain two sections of road under the Adopt-A-Street Program. -Each scout performs a minimum of 6 hours of community service for each rank he achieves; service hours donated to churches,schools,other town organizations. *Projected Project Requiring Funding: -To meet the demands on the Troop budget for camp funds due to increased attendance(60 signed up for this summer) *Matching funds available. FALCON FIESTA COMMITTEE $2,000/$1,500 *Primary Function/Purpose in Community: -To provide an evening free of drugs and alcohol following the Fountain Hills High The Committee was School graduation ceremony,an alternative to the sometimes tragic choices made generally supportive of on graduation night. the Fiesta and all the *Previous Projects: participating volunteers -Sponsored the two previous Falcon Fiestas, staffed by 200 volunteers,attended by although one member 150 students in '97 and 175 in'98. felt the event was a huge *Projected Project Requiring Funding: expense to "pay the kids -$2000 applied to the cost of prizes for the event,which are expected to total at to live safe". They were least$5500. generally pleased that *Matching funds available. the participation had increased from the first year. Supported the attempt to provide a drug and alcohol-free event for teens. L LTAF Request Summary FY 98/99 Page 2 of 3 II FOUNTAIN HILLS GIRL SCOUT NEIGHBORHOOD $1,000/$1,000 Primary Function/Purpose in Community: The Committee was -To inspire in girls the highest levels of character,conduct,patriotism,and service, empowering them to develop a sense of their own self worth,to achieve their full supportive of scouting potential,and to prepare them for the realities of a changing world. activities. *Previous Projects: -Participate in the Thanksgiving Day Parade and the Holiday Lighting Ceremony; helped with Derby Day,July 4th dedication of the Veteran Memorial Parkway, yearly food drives,shoe drives for the homeless;planting of trees and litter pick up at GEP;flower planting at McDowell Mountain School;helped with Home Delivered Meals program and revegetation of McDowell Mountain Regional Park. *Projected Project Requiring Funding: -Funds would be used for supplies for 200 girls to participate in a daylong"Animal Workshop Clinic". *Matching funds available. GOLDEN EAGLE FOUNDATION FOR MCDOWELL MOUNTAIN AND 4 PEAKS $2,100/$1,600 ELEMENTARY SCHOOLS *Primary Function/Purpose in Community: The Committee was -Foundation was established to enhance and enrich the educational experience of supportive of the request students by funding educational opportunities and techniques that are beyond the but felt that the scope of the state-controlled school budget and to provide scholarships for Foundation had support graduates of the Fountain Hills High School. from a number of other *Previous Projects: funding sources. The -Since 1993,provided funds for adult education,scholarships,vo-tech project, requests, while nice midnight madness, science-by-mail program,parenting,stock market competition, additions for the schools, 4110, integrated learning unit program. were not seen as absolute *Projected Projects Requiring Funding: necessities. 1. Half of$1,200 to purchase a microscope that connects to a TV monitor to enhance the learning experience of science projects(McDowell Mtn) 2. Half of$1,000 to purchase a digital camera for the Publishing Center,enhancing the Creative Writing program(McDowell Mtn) 3. Half of$2,000 to purchase a portable public address system to replace the outdated,"unsafe"PA system(Four Peaks) *Matching funds available through the Golden Eagle Foundation. FOUNTAIN HILLS AND LOWER VERDE RIVER HISTORICAL SOCIETY $600/$600 *Primary Function/Purpose in Community: -To maintain and create interest in local and regional civilization and the settlement The Committee was and development of the McDowell Mountain and Lower Verde River Valley supportive of assisting region;to establish a society and program that will research the area's historical the Historical Society beginning,collect and display memorabilia,historically significant documents and during their transitional materials;establish ways to share the history with the people of the area. period. *Previous Projects: -Has established a museum containing Hohokam artifacts,Fountain Hills historical displays and a Fort McDowell army post room;designated two facilities as historic sites;established Founder's Day. *Projected Project Requiring Funding: -$600 would be used to rent storage for the museum's collection due to the demolition of the current museum site. ,,,,.*Matching funds available. TOTAL FUNDS REQUESTED/RECOMMENDED AWARD $20,200/$9,900 LTAF Request Summary FY 98/99 Page 3 of 3 MEMO TO: LTAF REVIEW/SELECTION COMMITTEE Bill Ayres O��'rAIN Sheri Hodges ,C� , �p Lee Robinson o Elaine Rugg Millie Russelltst 1•e• • 4ti —ma thatisAi►l FROM: CASSIE HANSEN,TOWN CLERK DATE: 4/19/99 RE: REVIEWING AND SELECTING RECIPIENTS OF LTAF MONIES Thank you for agreeing to serve on the committee which will be reviewing the applications for Local Transportation Assistance Fund, (LTAF), monies. Your task will be difficult as the grant process produced nine groups applying for an estimated $9,900 in funds. Since the nine requests total $20,200, some or all requests will be reduced. It appears that all of the groups have fulfilled the requirements, i.e. the statutory requirement of matching funds from non-public monies. It may be helpful to note that some of the groups have previously received Town funds during the annual budgetary process. I have enclosed an information sheet showing those allotments from last year's budget. Also included is an application summary sheet, some information on the lottery funds, the criteria that must be met to meet the eligibility requirements, and a chart showing LTAF distribution for previous years. My assistant, Linda Lemmen, will be contacting you soon to arrange a meeting of the committee. Prior to the meeting,please review all of the applications and formulate your own recommendations on how the funds should be distributed. This will prepare you for discussion with the other committee members and assist in reaching a consensus as to how the monies should be distributed. Your recommendation will be forwarded to the Town Council for "award action" at a regularly scheduled meeting on May 6. The Council has historically concurred with the citizen committee recommendation,making only minor adjustments in the last eight years. Some of the elements that past committee members have looked for in the applications are specific statements of purpose/use for the grant monies, ability/inability to raise funds elsewhere, and the overall benefit to the community. Please feel free to bring all your thoughts, ideas, suggestions to the table. If you have any questions,please do not hesitate to call me at 837-2003,extension 104. Thank you- Yy 0 0 0 0 0 0 0 0 0 O 1 0 O O O O O O 0 O 0 0 0 O O O O O O O O O O O I C COO 0 0 0 0 0 0 0 0 O I O N 0 O O T U) O O O Cl) 0 1 Ia) T T T T. T T T T T. T IQ) ER ER EA ER ER EA EA E9 ER ER ;ER 1 0 0 0 0 0 0 0 0 0 0 0 N 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O ci r. O O O O O co O O O O p) O 0 O T L0 0 0 O CM 0 �0�w) C- T T T T T. 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C 3 W Ts Q EL O U Y cn c) :o o o2S Q 3E o CD Co C 0 = ti'` m . a) . ILI a� C7 o o 0 C co . o i4 Q .1 o w H z E N 0 m .2 U U W W Li L° 0 0 2 J a !n co° U)) I— COMMUNITY BENEFIT PROGRAMS FUNDING HISTORY ORGANIZATION '97/98 AWARD '98/99 REQUEST '98/99 RECOMM. '98/99 AWARD CASS 8,100 8,600 8,100 4,000 Boys &Girls Club 10,000 10,000 10,000 10,000 Community Theater 26,000 30,000 26,000 20,000 Meals on Wheels 1,500 1,560 1,500 1,500 Food Bank 5,800 30,000 22,400 24,500 Cattleguard Alliance no request 10,000 6,000 8,000 Senior Center no request 12,340 6,000 12,000 $102,500 $80,000 $80,000 L L „141Ami% ° PUBLIC NOTICE LTAF APPLICATIONS AND ��90 4ST10 3• that iS AO'° REVIEW COMMITTEE SOUGHT CITIZENS SOUGHT FOR COMMITTEE TO REVIEW LTAF APPLICATIONS— APPLICATIONS TO RECEIVE FUNDS NOW BEING ACCEPTED Each year, the Town Council distributes ten percent of the Town's local LTAF (Local Transportation Assistance Fund or lottery) monies for cultural, educational, historical, recreational or scientific facilities programs. Organizations wishing to apply for a portion of the funds, expected to be approximately $9,900, are invited to submit applications to Town Clerk Cassie Hansen who administers the application/review process performed by a citizen committee. Application formats outlining the information needed in applications for funds are available at Town Hall (address below). APPLICANTS MUST HAVE MATCHING FUNDS FROM NON-PUBLIC MONIES TO BE ELIGIBLE FOR CONSIDERATION. The Town is also requesting letters of interest from citizens who would like to serve on the citizen committee to review LTAF applications and make a recommendation for disbursement to the Town Council. Those interested in serving on this committee should have no direct involvement or primary interest in any group applying for funds. Broad familiarity with community activity would be helpful in evaluating the various requests. Any citizen interested in serving on this three to five member review committee, is urged to submit a letter of interest, including a brief description of community activities and involvement, to the Town Clerk's office. Applications for LTAF monies and letters of interest to serve on the review committee will be accepted through Friday,March 12, 1999. Submit applications for funding and letters of interest to serve on the review committee to: Cassie Hansen, Town Clerk Town of Fountain Hills 16836 East Palisades Boulevard,Building C Fountain Hills,AZ 85268 For additional information call 837-2003. w 1 t APPLICATION FORMAT FOR a = } = f. LTAF APPORTIONMENT 14that To apply for the LTAF (Local Transportation Assistance Fund or "lottery") monies which will be distributed when the state lottery fund reaches the maximum distribution amount, please follow the application format outlined below. Make sure that all of the information requested is incorporated into your application. Incomplete applications or requests lacking matching funds of non-public monies will not be considered. Include any additional information and documentation you feel is important in the favorable consideration of your organization for LTAF monies. Submit your entire application packet, no later than 5:00 p.m. on Friday, March 12, 1999 to the Town Clerk's office located at: Town of Fountain Hills Office of the Town Clerk 16836 E. Palisades, Bldg. C Fountain Hills,AZ 85268 1. Name,Address,Phone Number of Organization 2. Name &Phone Numbers of Individual(s)Making Application 3. List of Officers 4. Length of Time Organization Has Been in Existence 5. Primary Function of the Group in the Community-Include "Statement of Purpose" if Applicable 6. Other Funding Sources-How Does the Group Raise Money to Fund Projects 7. Previous Projects, Contributions to the Community 8. Amount of Funding Requested-Are Matching Funds Available? (Matching funds must be available at time payment is made.) 9. Financial Statement/Summary 10. Federal ID Tax Number and Proof of Non-Profit Status 11. Description of How Requested Funds Would be Used and the Resulting Benefit to the Community-Does the Proposed Use of Funds Fit the Statutory Requirements? (Be as specific as possible- i.e., instead of"programs to teach citizenship to the youths", specify as "50 copies of the U.S. Constitution at X dollars each") If you have any questions,please contact Cassie Hansen at 837-2003,extension 104. Lie LTAF MONIES FOR 1998/1999 ORGANIZATION AMOUNT REQUESTED AWARD Falcon Fiesta Committee $2,000.00 $1,500.00 Fountain Hills Community Theatre $5,000.00 $1,000.00 Boy Scouts of America Troop 343 $1,000.00 $1,000.00 Cub Scout Pack 243 $2,000.00 $1,000.00 4100 Boys & Girls Clubs of Scottsdale $1,500.00 $1,500.00 Fountain Hills Soccer Club $5,000.00 $700.00 Golden Eagle Foundation, Inc. for Four Peaks Elem. School & McDowell Mtn. Elem. School $2,100.00 $1,600.00 Fountain Hills Girl Scout Neighborhood $1,000.00 $1,000.00 Fountain Hills and Lower Verde $600.00 $600.00 River Historical Society $20,200.00 $9,900.00 L MEMORANDUM TO: TOWN COUNCILMEMBERS FROM: MAYOR MORGAN DATE: MAY 4, 1999 SUBJECT: PUBLIC INPUT PROCESS I would like to implement a public input process for the council's upcoming considerations of the McDowell Mountain development agreement and its attendant preliminary plats. I certainly believe that the public deserves an appropriate opportunity to both understand and comment on both the agreement and the plats. I understand that during our China trip a community discussion has begun concerning this public input question. I received several letters from various individuals on this subject and I am sure you have received some or all of these as well. I am presently working with staff on several possible schedules. I have also instructed Paul to place this subject on this Thursday's council agenda for discussion only. The purpose of this agenda item will be to solicit your input. Since Councilwoman Hutcheson will not be at this meeting, and to provide additional public notice, I do not feel we should made any decisions on this subject until May 20th. If you have any questions or concerns, please let me know. L r TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner 'J DATE: April 23, 1999 SUBJECT: Preliminary& Final Plat for"Replat of Dittler Subdivision Lots 5A and 5B" Staff has combined the reports for the Preliminary and Final Plats, there are no off-site improvements or Improvement Plans needed for this plat. This plat is a request by Kevin Close that would split existing Lot 5 of Dittler Subdivision to create Lots 5A and 5B. Please refer to the attached Planning and Zoning Commission &Staff report for additional details regarding this request. L L TOWN OF FOUNTAIN HILLS PLANNING &ZONING AND STAFF REPORT May 6, 1999 CASE NO: S99-002 LOCATION: 13807 N. El Pueblo Blvd.; aka Lot 5, Final Plat of Dittler Subdivision . REQUEST: Consider approval for the Preliminary and Final Replat of "Dither Subdivision Lot 5A and 5B", a lot split project. DESCRIPTION: OWNER: Kevin Close APPLICANT: Kevin Close EXISTING ZONING: "R1-10" EXISTING CONDITION: Undeveloped ; 41,722.63 sq. ft. (.96 acres) SURROUNDING LAND USES AND ZONING: NORTH: Single family: zoned "R1-10" SOUTH: Single-family: zoned "R1-10" EAST: Single family: zoned "R1-10" WEST: Tract A& Fort McDowell Indian Reservation SUMMARY: This request is for Preliminary and Final Plat approval of "Dittler Subdivision Lot 5A and 5B" a Replat of Dittler Subdivision Lot 5 which is a lot split project. The applicant, Kevin Close, proposes to create lot 5A, 22,545.07 sq. ft., and lot 5B, 19,177.56 sq. ft. The following agencies submitted the following comments: Salt River Project: Requesting a 28 foot Public Utility Easement on center of the existing overhead transmission line poles. Chaparral City Water Co.: No comment Engineering Department: No comment Community Development Department: The proposed lot split is in compliance with the existing "R1-10" zoning and conforms to the regulations of The Subdivision Ordinance of the Town of Fountain Hills and The Town of Fountain Hills Zoning Ordinance. Hillside preservation has been addressed on the approved Final Plat of Dittler Subdivision. On April 8th, 1999, the Planning & Zoning Commission unanimously voted to continue this lot split. The Commission has directed staff to further investigate the potential health and safety issues posed by the conceptual single family site plan adjacent the SRP easement and overhead transmission lines. SRP has requested that to meet National Electrical Safety Code, no residential building may be constructed within 14 feet of the utility pole centerline (see attachment). Staff stipulates that the applicant provide a 28 foot Public Staff Report S99-002 2 of 2 Utility Easement on center of the existing overhead transmission line poles on the Final Plat. RECOMMENDATION: The proposed lot split is in compliance with the regulations of The Subdivision Ordinance of the Town for Fountain Hills and The Zoning Ordinance of the Town for Fountain Hills. Planning & Zoning Commission recommend approval of the Preliminary Plat, Staff recommends approval of S99-002; "Final Replat of Dither Subdivision Lots 5A and 5B" with the following stipulation: 1) The applicant provide a 28 foot Public Utility Easement on center of the existing overhead transmission line poles. JKr ruw JYS 1JtJtoN I tL bUL-1Jb-25Uby Npr L1 ' yy io : Uy NO .UL 1 Transmission line Dsalpn April 21,1999 Mall Station XCT918 P.O.Box 69026 Phoenix,AZ 98074.2026 To: Mr. Dana Burkhart Town of Fountain Hills Re: Proposed Dither Subdivision SRP Power Line Easements Dear Mr. Burkhart Current SRP standards would require the subject 69kV line to have an easement 28' wide. SRP determines easement widths based on clearance requirements stated in the National Electrical Safety Code. In order to avoid the creation of future unsafe conditions due to the development of these parcels in the Dittler subdivision, SRP is requesting that its' existing 10' wide easement be increased to 28' in width, 14' on each side of the pole centerline. coy Sincerely, 4,14;77.,4*4r14- Daryl K. Smith Phone: 602-236-8007 Project Leader Fax: 602-236-8069 Transmission Line Projects 7671 ilea t:9% " - post-It•Fax Note Tao• ciamiummi `�• co/oept. 1 6"Sl 3 Phone M8 a Peons= G �b07 Fax iklay 3145 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Geir Sverdrup, Se [ r DATE: April 29, 1999 SUBJECT: S99-004 & SU99-01; Preliminary Plat & Special Use to permit multi-family residential in the "C-2" Zoning District aka The Villas of Fountain Hills. This request for special use is by Ty Coffindaffer of Visser Development. The applicant is requesting a Special Use to to permit multi-family residential in the "C-2" Zoning District AKA Town Center II, Lot 5. On April 22, 1999 the Planning and Zoning Commission recommended approval of the requests. Please see the attached Planning and Zoning Commission report for details. L L TOWN OF FOUNTAIN HILLS PLANNING & ZONING COMMISSION REPORT May 6, 1999 CASE NO: S99-004&SU99-01 LOCATION: Final Plat Town Center II,Lot 5 REQUEST: Consider a preliminary plat for "Villas of Fountain Hills Condominiums", a 46-unit condominium project and a special use permit to allow multi-family residential in a commercial zoning district.. DESCRIPTION: APPLICANT: Ty Coffindaffer, Visser Development\ OWNER: Janez Investment L.L.C. EXISTING ZONING: "C-2" EXISTING CONDITION: Vacant PARCEL SIZE: 9.65 acres. SURROUNDING LAND USES AND ZONING: NORTH: U.S. Post Office, zoned "C-2"; 4116, SOUTH: Single Family (Crystal Ridge), zoned "R1-10 R.U.P.D.". EAST: Vacant(Future Community Center), zoned "C-2". WEST: Vacant, zoned "C-2". SUMMARY: This request is for approval of a preliminary plat for the "Villas of Fountain Hills Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. and is also for approval of a Special Use Permit which would allow for multi- family residential uses to be permitted in the existing "C-2" Zoning District. The request is located in the Lot 5,Town Center II subdivision plat. Residential uses are allowed within the commercial zoning districts if approved by the Town Council under a special use permit. Following are the sections of the Fountain Hills Zoning Ordinance pertaining to this request. CODE REQUIREMENTS: CHAPTER 2 PROCEDURES 2.02 Special Use Permits. A. Purpose. Every zoning district contains certain buildings, structures and uses of land which are normal and complementary to permitted uses in the district, but which, by reason of their typical physical or operational characteristics, influence (1119 S99-004&SU99-01 Villas of Fountain Hills Condominiums Planning&Zoning Commission Report Page 2o9 on the traffic function of adjoining streets, or similar conditions, are often incompatible with adjacent activities and uses. It is the intent of this ordinance to permit special uses in appropriate zoning districts, but only in specific locations within such districts that can be designed and developed in a manner which assures maximum compatibility with adjoining uses. It is the purpose of this section to establish principles and procedures essential to proper guidance and control of such uses. B. General Regulations. 1. Zoning district regulations established elsewhere in this ordinance specify that certain buildings, structures and uses of land may be allowed by the Town Council as conditional uses in a given district subject to the provisions of this section and to requirements set forth in district regulations. The Town Council is empowered to grant and to deny applications for use permits and to impose reasonable conditions upon them. 2. Any building, structure or use existing on the effective date of this ordinance which is reclassified as a special use by this ordinance for the district in which it is located shall be considered as meeting the conditions which would otherwise be imposed upon such use by this ordinance, and its continuance shall not be subject to issuance of a special use permit; provided, however, to the extent that such use fails to conform to the requirements of this ordinance, it shall be considered nonconforming as described in section 4.01, and its continuance shall be governed by all nonconforming use regulations applicable thereto. 3. Every special use permit issued shall be applicable only to the specific use and to the specific property for which it is issued. Upon completion and final inspection by the Zoning Administrator of any authorized structures, signifying that all zoning and site development requirements imposed in connection with the permit have been satisfied,the special use permit shall thereafter be transferable and shall run with the land, whereupon the maintenance of special conditions imposed by the permit, as well as the compliance with other provisions of this ordinance, shall become the responsibility of the property owner. C. Special Use Permit Application. Application for a use permit shall be filed with the Community Development Department on a form prescribed by the Community Development Director. The application shall be forwarded to the Planning and Zoning Commission by the Zoning Administrator, and when required by the Zoning Administrator, shall be accompanied by a detailed site plan prepared in accordance with Section 2.04 showing all information necessary to demonstrate that the proposed use will comply with all special conditions as well as other S99-004&SU99-01 Villas of Fountain Hills Condominiums Planning&Zoning Commission Report Page 3 o 9 regulations and requirements of this ordinance. An applicant shall furnish the Commission with any additional information it may consider relevant to investigation of the case. D. Commission Action and Findings. 1. It is the express intent of this ordinance that any use for which a special use permit is required shall be permitted in the particular zoning district, provided that all special conditions and requirements of this ordinance are met. Therefore, the action of the Commission shall be one of recommending approval or denial to the Town Council based upon its judgment as to whether the specified conditions have been or will be met. The Commission shall consider not only the nature of the use and the special conditions influencing its location in the particular district,but also the proposed location of buildings, parking and other facilities within the site, the amount of traffic likely to be generated and how it will be accommodated, and the influence that such factors are likely to exert on adjoining properties. The Commission may make such suggestions to the Town Council concerning ways a proposed project may be acceptable and cry compatible to the area. 2. Notice of the nature of the special use permit application and the date of the meeting at which it will be considered shall be posted on the property and shall be mailed to the owners of all real property within three hundred (300) feet of the external boundaries of the property for which application is made. The applicant shall be responsible for providing the names and addresses of these owners. *1 3. The Commission shall consider the application at the first regular meeting after the proper advertising procedures and period have been completed. The Commission,at this regularly scheduled meeting, shall either(1)make a recommendation to the Town Council, or continue the matter to a specified date (but not longer than sixty (60) days from the date of the original hearing). Within sixty (60) days after the date of the original hearing, the Commission shall render its decision in the form of a written recommendation to the Council. The recommendation shall include the rationale for the recommendation. However, if the Commission is not able to make a recommendation to the Council at the continued meeting and the applicant does not consent to a further continuance, the matter shall be automatically forwarded to the Council with a recommendation for denial 4. It shall be the responsibility of the applicant to maintain the posting. The notice shall set forth the time and place of the hearing and include a general explanation of the matter to be considered and a general description of the area affected. S99-004&SU99-01 Villas of Fountain Hills Condominiums Planning&Zoning Commission Report Page 4 o 9 5. In order to recommend approval of any use permit, the findings of the Commission must be that the establishment, maintenance, or operation of the use or building applied for will not be detrimental to the public health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, nor shall it be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the town. 6. The Commission may recommend to the Town Council such conditions in connection with the use permit as it deems appropriate to secure the intent and purposes of this ordinance and may recommend such guarantees and evidence that such conditions are being or will be followed. 7. If the Commission finds that the application and supporting data do not indicate that all applicable conditions and requirements of this ordinance will be met, it may recommend denial of the special use permit. The Commission recommendation shall be mailed to the applicant at the address shown on the application. 8. Upon conclusion of the Commission's hearing, the Commission's recommendation shall be forwarded to the Town Council along with the application materials, staff report, written comments from the public, and minutes of the hearing. E. Council Action and Findings. 1. When the Town Council receives a recommendation from the Planning and Zoning Commission concerning a Special Use Permit application, it shall hear the request at the scheduled date and time specified in accordance to the Arizona Open Meeting Law, but no later than the next regularly scheduled meeting held at least eight (8) days after the Commission recommendation is received. The Council may adopt the Commission's recommendation, approve the Special Use Permit request with the conditions it deems appropriate,or deny the Special Use Permit. 2. The Council's decision shall be final and shall become effective immediately. Notice of the decision shall forthwith be mailed to the applicant at the address shown in the application. *3 F. Time Limits. 1. The Council may establish a time limitation for special use permits. A building permit for the construction of any improvements allowed by any special use permit issued by the Town Council shall be secured within six (6) months from the date of approval. Any lapsing of the building permit S99-004&SU99-01 Villas of Fountain Hills Condominiums Planning&Zoning Commission Report Page 5 o 9 prior to completion of the improvements will cause the Special Use Permit to become null and void. Prior to the termination of this time limit, the applicant may make a written request to the Town Council and the Council may reconsider said use permit to determine if the permit should be reissued for an additional time period or be terminated. There shall be no use permit fee for this extension request. 2. No person shall reapply for the same or substantially the same use permit on the same or substantially the same plot, lot, or parcel of land within a period of one(1)year from the date of denial of said use permit. G. Revocation. 1. Special use permits granted in accordance with the provisions of this ordinance may be revoked by the Town Council, if any of the conditions or terms of the permit are violated or if any law or ordinance is violated in connection therewith. The Zoning Administrator shall notify the permittee of a violation of a special use permit, in writing. If the violation is not remedied or the remedy is not substantially begun in the opinion of the Zoning Administrator within ten (10) days after notification, the �r owner/tenant should be notified that the Town Council will consider revocation of the permit at its next meeting. 2. Any special use permit issued by the Town Council shall be considered null and void if construction does not conform to the originally approved site plan. Any requests for deviations from the originally approved site plan shall be processed as a new use permit. H. Fee. The application for a special use permit shall be accompanied by a filing fee in an amount established by a schedule adopted by resolution of the Council and filed in the office of the Town Clerk. No part of the filing fee shall be refundable. Payment of the filing fee shall be waived when the petitioner is the town, county, school district, state or federal government. 12.03 Uses Subject to Special Use Permits in C-1, C-C, C-2,and C-3 Zoning Districts. F. Single and multi-family residential dwellings. TECHNICAL REVIEW: The plan was referred out to the Subdivision Technical Review agencies for their review and comment. The following contains the remaining comments received from the second submittal as of the writing of this report. kaw S99-004&SU99-01 Villas of Fountain Hills Condominiums Planning&Zoning Commission Report Page 6o9 Community Development: 1. Staff has reviewed this application using M-1 standards. The proposed projects yields are below the maximum permitted by M-1 Zoning: Max unit yield 77 units Proposed 46 units Max lot coverage 50% Proposed 32% M-1 standards require that the building separation be the vertical height of the highest adjacent building. Provide dimensioned building elevations, which show height of building and separation between units. 2. Condominium aspect of this plat requires building sections and floor plans. 3. Submit a landscape, irrigation and planting plans with the improvement plans. Landscape plans shall be in compliance with Article VI of The Subdivision Ordinance of the Town of Fountain Hills. Indicate that these areas will be maintained by a homeowners' association. 4. Metes and bounds legal description required on plat Engineering Department: General Comments 1. Submit a new soils report for Lot#5 with the final plat and improvement plans. Sheet Cl —Layout Design Comments 2. Prohibit parking in front of garages at units 3,4, 21, 23,41 and 45. Drainage Report 3. Submit the final drainage report for Town approval with improvement plans. Traffic Report 4. Provide a traffic report or analysis that addresses the need for a possible right turn deceleration lane on El Lago Blvd. Comment: Other pertinent engineering and design issues as mentioned in the first preliminary plat technical review comments will be reviewed and checked with the submittal of the final plat and improvement plans. Fountain Hills Sanitary District: 1. Tie-in of this development to the existing sewer line on El Lago Blvd. must be in a manhole. Construct a new manhole over the existing sewer where you connect to the District's main line. gibe S99-004&SU99-01 Villas of Fountain Hills Condominiums Planning&Zoning Commission Report Page 7o9 2. If you desire to have the District operate and maintain the main sewer lines within the development, facilities must be designed to District standards and located within a 20- foot P.U.E. Fountain Hills Fire District: 1. Fire lane gate to be served with Knox Lock 2. If entrance is gated,pre-emption sensors and Knox required 3. Three (3) hydrants required—see plan Chaparral City Water: 1. Nothing at this time. S.R.P.: No Comment Parks and Recreation: Area should include adequate open area turf for walking and exercising small pets. It is unclear on the plan where this would occur. Is there a gathering area(picnic, grills, shade ramadas) adjacent to, or to be included in,pool area? This request is necessary for the project and its anticipated impact on Community facilities/resources. As of the writing of this report U.S.West,Fountain Hills School District, Cox Cable,U.S.Post Office,Fort McDowell &Salt River Pima Indian Reservations,and Southwest Gas have not responded to the referral. In response to Parks and Recreation comment. The applicant is proposing an interior space around the pool area for the residents to walk as well as using the turf in the retention areas. GENERAL PLAN EVALUATION Service/Employment Area Land Use Guidelines MIXED USE The Fountain Hills General Plan designates this area as Mixed Use which is to help sustain the existing commercial uses within the Town Center,and promote revitalization of this area,the mixed use area will allow a variety of uses as described in the land use definitions. Particular attention should be given to targeting medium and small businesses in this area. Uses that S99-004&SU99-01 Villas of Fountain Hills Condominiums Planning&Zoning Commission Report Page 8 o 9 promote day and evening activities are especially desired. Residential uses within the mixed-use area should be high density, and potentially located commercial or office uses on their lower floor. Land Use Definitions TOWN CENTER AREA The Town Center area denotes the area of the Town where a mix of commercial, retail, office, high density residential, municipal, civic, recreational, cultural institutional,parking, lodging, and religious facilities are all desired to be located. The mix should be mutually supportive and reinforce the notion of a Town Center. The plan proposes 46 units on 9.65 acres at a gross density for the site of 4.76 dwelling units per acre. The proposed lot coverage is 32%. A landscape plan needs to be submitted for the site showing compliance with the requirements set forth in the Subdivision Ordinance Article VI. Accordingly staff requires a detailed landscape plan prior to the vesting of the special use. The proposed use is in compliance with the intents stated in the General Plan for this area . The applicant,Visser Development., has chosen to convert a proposed multi-family complex into an 46-unit condominium and record a Declaration of Condominium to sell the units individually. The units will have a maximum livable area of 2000 square feet, a minimum livable area of 1,600 square feet, and a covered patio.Each unit will have a two-car garage. As of the writing of this report, Visser Development has not applied for a building permit. EVALUATION: Staff reviewed this application against the M-1 Zoning District standards. The applicant is proposing a density of 46 single story units where,utilizing M-1 standards, the applicant could realize 77 units and be two stories(30 feet). The proposed lot coverage is 32% in lieu of the maximum 50% allowed by M-1 standards. M-1 requires that structures are to be separated by a distance equal to the tallest adjacent wall plane. The applicant maintains a ten (10) foot separation between structures and the average wall plane is actually 9'-1". The chimneys on several models are located on the outside wall plane,as this is only a very small portion of the adjacent wall plane the applicant has requested that the chimney not be used to set separation between units. Due to the low density of the project and the fact that there are no two-story units, staff feels that this request is not unreasonable. This effects a total of eight(8)units. The special use permits latitude in the plan of development. The base zoning is "C-2" with"M-1" standards used to evaluate the project. Six units do not have 19 feet behind the garages. Due to the requirement of the 26' wide drive aisle and the nature of the design, staff feels that unless the design can be altered the areas should be designated no parking. This would effect six (6)units. Additionally the applicant has provided for more than enough visitor parking throughout the site. S99-004&SU99-01 Villas of Fountain Hills Condominiums Planning&Zoning Commission Report Page 9o9 PLANNING AND ZONING COMMISSION: The Commission recommended approval of both the Special Use Permit and the preliminary plat for The Villas of Fountain Hills at April 22, 1999 meeting. The concerns stated by the Commissioners was of the design not being southwest contemporary and the pitch of the roofline. RECOMMENDATION: Staff recommends approval of S99-004, Preliminary Plat "Villas of Fountain Hills Condominiums" and also recommends approval of SU99-01 a Special Use Permit for Multi- Family Residential in the existing"C-2"Zoning District subject to the following stipulations (most of which will be addressed in the improvement plans): 1. Provide dimensioned building elevations, which show height of building and separation between units. 2. Provide building sections and floor plans for condominiumization of this plat. 3. Submit a landscape, irrigation and planting plans with the improvement plans. Landscape plans shall be in compliance with Article VI of The Subdivision Ordinance of the Town of Fountain Hills. Indicate that these areas will be maintained by a homeowners' association. 4. Provide a metes and bounds legal description on plat. 5. Submit a new soils report for Lot#5 with the final plat and improvement plans. 6. Prohibit parking in front of garages at units 3,4, 21, 23,41 and 45. 7. Submit the final drainage report for Town approval with improvement plans. 8. Tie-in of this development to the existing sewer line on El Lago Blvd. must be in a manhole. Construct a new manhole over the existing sewer where you connect to the District's main line. 9. If you desire to have the District operate and maintain the main sewer lines within the development, facilities must be designed to District standards and located within a 20- foot P.U.E. 10. Fire lane gate to be served with Knox Lock. 11. If entrance is gated,pre-emption sensors and Knox required. 12. Three (3) hydrants required. 13. Provide a traffic report or analysis that addresses the need for a possible right turn deceleration lane on El Lago Blvd. 14. Maintain a minimum of eleven feet, or height of the tallest adjacent building plane, between all buildings L .• 0 , ▪ } J TOWN OF FOUNTAIN HILLS L -4� '' COMMUNITY DEVELOPMENT DEPARTMENT ,r - - MlN 1 Dse,Filed /9 ..,3., II Fee Paid Accep y Plat Name/Number y 1 �� %he I/ii Parcel Size Number of Lots 9.lsa3ma 4/4 Number of Tracts Zoning / G-2 General Plan Land Use Designation M U ('flxEo C/Sa) Density Requested (Dwelling Units Per Acre) 77 ?� Afc . Applicant Day Phone J l er , eve/op rn e/v_-t- �iefGr� _N� i9z . /.)esT,ngivzs 3I- ?°9 7 Address City ST Zip /DS/63 e /44;/ ' ' Sle''f5c�/9/-� /9Z I 75_2s 8 Own er Day Phone MCO Properties Inc. 837-9660 • Address City 16838 E. Palisades Blvd. �Fountain Hills S AZ ZT5268 Attachments (Please list) Si n ure of er • I HE BY AUT ORIZE (Please Print) Date C ° /h aq f{e v� 'Ps. cod �, VAS S G/` �Vt^r iKfG"'-12 P��u•vt. U v-P. TO FILE THIS APPLICATION. 'J Subscribed and sworn before me this oi rer day of _ 4. 19 t, •. Y—` OFFIC AL SEAL I My Commission ,`',"'•`; •U� . a . • Notary Public t. ! _ NotayPub�k.yy�otArmo,. •'r�J MARICOPA COUNTY (r( My Comm.expires Sept 177,2001 (Seal) if Schedule Attached TFH Case Number J ' 'J a OJN��t Y` 6 4. : i 1 TOWN OF FOUNTAIN HILLS 1#4*Ar, COMMUNITY DEVELOPMENT DEPARTMENT Date Filed Paid (M�O.1 ta`�(ay�g# e.,.,...s.) Acc By 6. /77`j kre �D . Name of Developm nt �''�� Size (in acres) Thy / //as �. s 4C A p 'cant J� 15. Se r cDe I/ /c3 m e/2 f- 62- ie(ie1Q i9iv 4z _LNVesr/IE/vrAddress City r ST Zip / 0 3 E. `, ica, La/2e Sco-ffsa'cr/ ,¢y F5252' Contact //�� Day Phone T7/ '). a/, 'cce/- ,3/47- 1097.074 .c e i-4e0-y03 .V3D3 Mob.% Provide a site plan and detail sheets showing the following information on the proposed signage: 1. Location 2. Size(s) (1111, 3. Height 4. Type of Illumination 5. Landscaping 6. Time of placement and illumination 7. Orientation either permanent or temporary of all proposed signage If applicable, please describe any unique or distinctive characteristics, such as physical scale, topography, land use, architectural or historical significance, which make the development separate or distinguishing features that represent a clear variation from conventional development, e.g., a master planned village, a shopping center, or a planned unit development (attach additional sheets). 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Q V I I `^ a IA . r. in Y - - - -- - - - - MN _\.- le .0-,9 .0-,9 .0-,tt .1..9t /. .r-.51 .t .et.... f V J O O J to 4 \-..-.-..--.......----- N m 0 ,r .pis r•.os 1 m Z W Ill ta C\ W W G 1 J' —�—.��1� o —r -4 < W o N al O W = 2 I-- V OZ 1 O te * 11 Lori tillw —ram V -\---------- z 0 0 J 4 /r 1 .ait t.-,OK irl z m W W 3. lIl W o h H Xi HI X W 4 2 J { la F 2 F• 0.O MO r M LLO W W.� ti Ir 0 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Town Council VIA: Paul Nordin,Town Manager FROM: Geir Sverdrup, Senior er DATE: April 30, 1999 SUBJECT: Consideration of revised text for Ordinance 99-15,amending The Zoning Ordinance of the Town of Fountain Hills by amending Chapter 5 Section 5.06.F&G of The Zoning Ordinance of the Town of Fountain Hills to amend the requirements for Accessory Structures, and by amending Chapters 1 & 10, Sections 1.12 and 10.02 of The Zoning Ordinance for the Town of Fountain Hills to revise two definitions and to allow guest houses in any single-family zoning district by Special Use Permit, given certain restriction On March 4, 1999 the Town Council directed staff to revisit the proposed text for accessory structures with specific recommendations from the Council and bring the revised text back to the Commission. The Planning and Zoning Commission heard the revised amendment at their April 22, 1999 meeting. The L Commission recommended approval of the revised text amendment. The proposed text amendment would clean up a discrepancy in Chapter 5, wherein the text of Section 5.06.F states that an accessory structure shall be at least three (3) feet from the main structure, and the chart at the end of Chapter 10, Section 10.09 Density, Area, Building and Yard Regulations, requires six (6) feet between buildings. The Commission originally recommended that Chapter 5 be amended as follows: CHAPTER 5 GENERAL PROVISIONS Section 5.06 Yard,Lot,and Area Requirements F. Swimming Pools. or=sSwimming poolS in any zone shall not be located in the required front OR STREET SIDE yard, shall be at least three (3) feet from the main structure, AND shall be at least three (3) feet from tho ANY rear and interior side lot lines, G. ACCESSORY BUILDINGS (DETACHED). ANY DETACHED ACCESSORY BUILDING,IN ANY ZONE,SHALL NOT BE LOCATED IN THE REQUIRED FRONT, SIDE OR STREET SIDE YARD, SHALL BE AT LEAST SIX (6) FEET FROM THE MAIN STRUCTURE AND SHALL NOT BE LOCATED NEARER TO ANY REAR LOT LINE A DISTANCE OF NOT LESS THAN THE REQUIRED INTERIOR SIDE YARD SETBACK FOR THAT ZONING DISTRICT. GH. Solar Units. Solar heating, The proposed amendment required that all accessory structures maintain a greater setback from interior side and rear property lines, from three (3) feet, as currently required, to the required side yard setback, thereby reducing the impact to adjacent property owners. The proposed amendment did not impact swimming pools. However at the March 4, 1999 Town Council meeting several Council members stated concerns with placing tool shed in the middle of one's yard. Staff stated that the original intent was to insure that larger accessory structures such as detached garages and workshops where not located as close to the property line as currently permitted. The idea of limiting by height was discussed; however, staff feels that the following text would accomplish what is intended: F. Small Accessory Buildings (Detached) and Swimming Pools. Any detached accessory building 120 square feet or less in size or swimming pool in any zone shall not be located in the required front or street side yard, shall be at least three (3) sif_6_1 feet from the main structure;and shall be at least three(3)feet from the any rear and interior side lot lines shall .. t,tain side .J ,l ar sethaeks f the street side lot lines a red for the m aift structure in that L.arae Accessory Buildings (n tached). Any de ached accessory buildin greater tha 120 s u. e feet in size, in anv zone shall not be located in the required front side or street side yard, shall be at least six (6) feet from the main structure and shall not be located nearer to any rear lot line a distance of not less than the required interior side yard setback for that zoning district. G$. Solar Units. Solar heating,cooling unit... Since structures under 120 sq. ft. are not regulated by the UBC, and therefore not reviewed by staff the preceding text allows for these structures such as tool sheds, tuff shed etc. to be 3 feet from the property line. Structures such as garages, shops,studios etc would have to meet a greater setback. This proposal also takes out any arbitrariness that could be inferred from a random height restriction, leaving the maximum height as 15 feet as already stated in the ordinance. On February 19, 1999 the Council initiated a text amendment for guest houses in single family zoning districts. Currently section 10.02(B) of the Zoning Ordinance allows for guest houses, by special use permit, in the "R-190", "R1-43", "R1-35H" and the "R1-35" Zoning Districts if certain conditions exist. Section 10.02(B) is reprinted below so that you can review the current regulations: B. Additional Permitted Uses in the R-190,R1-43,R1-35H,and R1-35 Zoning Districts 1. Corrals for the keeping of horses, provided such corrals are located in the rear yard, set back from all lot lines a distance of not less than forty (40) feet and contain at least twenty thousand (20,000) square feet of area for each horse kept therein. The keeping of horses on properties located in residential Zoning Districts in other than permitted corral areas is prohibited. 2. Guest Houses are permitted by Special Use Permit, only if the following conditions exist: a. Structure must conform to at least minimum setback requirements. b. Must be located behind the front line of the primary structure Lie c. May not exceed thirty(30)percent of the square footage of the livable area of the primary structure. d. Shall be single story. 4169 e. Must be connected to primary structure's utilities. f. The lot or parcel must be at least twice the minimum lot size requirements of the zoning district. g. May not be used for any commercial or non-residential uses. There have been a few recent requests for guest houses in smaller-lot zoning districts where the lot size is in excess of 70,000 square feet. The intent of the current regulations seems to be to allow for guest houses on larger lots. There are several areas of Town where lot sizes are much larger than the base zoning would imply. Some of these property owners have complained that because their lot sizes are as large as those in larger lot zoning districts, that they should also have the ability to petition the Town Council, through the Special Use Permit process,for the development of a guest house. CHAPTER 1 INTRODUCTION 1.12 Definitions. For the purpose of this ordinance, certain words and terms used herein are defined as follows: All words used in the present tense include the future tense; all words in the plural number include the singular number, all words in the singular number include the plural number,unless the natural construction of the wording indicates otherwise. Gender shall be universal, any reference to one gender shall also implicitly refer to the other gender. The word "shall" is mandatory and not discretionary. Other words and phrases used in the ordinance shall have the following meanings: Building,Accessory: A building or structure that does not share a livable,enclosed connection to the main building, and thatch is subordinate to, and the use of which is customarily incidental to,that of the main building, structure,or use on the same lot or parcel. Guest House: Living or sleeping quarters within an accessory building for the sole use of occupants of the premises, guests of such occupants or persons employed on the premises. The accessory building may be attached to or detached from the main building. Such quarters shall not be rented, and/or otherwise used for income producing purposes. CHAPTER 10 SINGLE-FAMILY RESIDENTIAL ZONING DISTRICTS: R-190,R1-43, R1-35,R1-35H,R1-18,R1-10,R1-10A,R1-8,R1-8A,R1-6,R1-6A 10.02 Permitted Uses. B. Additional Permitted Uses in the R-190,R1-43,R1-35H,and R1-35 Zoning Districts 1. Corrals for the keeping of horses, provided such corrals are located in the rear yard, set back from all lot lines a distance of not less than forty (40) feet and (k contain at least twenty thousand (20,000) square feet of area for each horse kept therein. The keeping of horses on properties located in residential Zoning Districts in other than permitted corral areas is prohibited. 2. Guest Houses are permitted by Special Use Permit, only if the following ..dition o st• C. Guest Houses are 'ermitted by Special Use Permit in any Single-Family Zonin 1' ' , • following conditions exist: la. Structure must conform to at least minimum setback requirements. 2b. Must be located behind the front line of the primary structure 3e. May not exceed thirty (30) percent of the square footage of the livable area of the primary structure. 44. Shall be single story. 5e. Must be connected to primary structure's utilities. 6f. The lot or parcel must be at least 70,000 square feet in size twice the minimum lit size 7g. May not be used for any commercial or non-residential uses. L L TOWN OF FOUNTAIN HILLS ORDINANCE 99-15 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 OF THE TOWN OF FOUNTAIN HILLS, BY AMENDING CHAPTER 5 SECTION 5.06.F & G OF THE ZONING ORDINANCE OF THE TOWN OF FOUNTAIN HILLS TO AMEND THE REQUIREMENTS FOR ACCESSORY STRUCTURES, AND BY AMENDING CHAPTERS 1 & 10, SECTIONS 1.12 AND 10.02 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO REVISE TWO DEFINITIONS AND TO ALLOW GUEST HOUSES IN ANY SINGLE- FAMILY ZONING DISTRICT BY SPECIAL USE PERMIT, GIVEN CERTAIN RESTRICTION. 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 ordinance; and WHEREAS, Public hearings were advertised in the April 7, 14, 21, 28 and May 5, 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 April 22, 1999 and the Mayor and Common Council on May 6, 1999. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Section 1, The Town of Fountain Hills Zoning Ordinance Chapter 5 Section 5.06.F & G of The Zoning Ordinance of the Town of Fountain Hills to amend the requirements for Accessory Structures, and by amending Chapters 1 & 10, Sections 1.12 and 10.02 of The Zoning Ordinance for the Town of Fountain Hills to revise two definitions and to allow guest houses in any single-family zoning district by Special Use Permit, given certain restrictions as shown in Exhibit"A". PASS/FAIL S- • ION )-YNav^, SECOND 1 s COUNT Le - PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 6th day of May, 1999. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: / 1/ ,/1("01/ 1Z° d//(-- - / CA11.2trj ---11.4A4,._._) Sharon Morgan, Mayor Cassie B. Hansen, Town Clerk REVIEWED BY: APPROVED AS TO FORM: ' d-- , /77k ;;V(LerA4. ., Paul L. N rdin, Town Manager Wiliam E. Farrell, Town Attorney L Ordinance 1999-15 Page 2 of 4 EXHIBIT "A" CHAPTER 1 INTRODUCTION 1.12 Definitions. For the purpose of this ordinance, certain words and terms used herein are defined as follows: All words used in the present tense include the future tense; all words in the plural number include the singular number, all words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise. Gender shall be universal, any reference to one gender shall also implicitly refer to the other gender. The word "shall" is mandatory and not discretionary. Other words and phrases used in the ordinance shall have the following meanings: Building, Accessory: A building or structure that does not share a livable, enclosed connection to the main building, and that which is subordinate to, and the use of which is customarily incidental to, that of the main building, structure, or use on the same lot or parcel. Guest House: Living or sleeping quarters within an accessory building for the sole use of occupants of the premises, guests of such occupants or persons employed on the premises. The accessory building may be attached to or detached from the main building. Such quarters shall not be rented, and/or otherwise used for income producing purposes. CHAPTER 5 GENERAL PROVISIONS Section 5.06 Yard,Lot,and Area Requirements F. Small Accessory Buildings (Detached) and Swimming Pools. Any detached accessory building 120 square feet or less in size or swimming pool in any zone shall not be located in the required front or street side yard, shall be at least three six (3 ) feet from the main structure and shall be at least three (3) feet from the an.y rear and interior side lot lines, and shall maintain sidc yard setbacks from the street side lot line3 a3 rcquired for the main structure in that zonc. G_ Large Accessary Buildings Detached)_ Any detached accessory building greater than 120 square feet in size, in any zone, shall not be located in the required front side or street side yard shall be at least sixfeet from the main structure and shall not be located nearer to any rear lot line a distance of not less than the required interior side yard setback for that zoning district. GH. Solar Units. Solar heating, cooling units,... Ordinance 1999-15 Page 3 of 4 CHAPTER 10 SINGLE-FAMILY RESIDENTIAL ZONING DISTRICTS: R-190, R1-43, R1-35, R1-35H, R1-18, R1-10, R1-10A, R1-8, R1-8A, R1-6, R1-6A 10.02 Permitted Uses. B. Additional Permitted Uses in the R-190, R1-43, R1-35H, and R1-35 Zoning Districts 1. Corrals for the keeping of horses, provided such corrals are located in the rear yard, set back from all lot lines a distance of not less than forty (40) feet and contain at least twenty thousand (20,000) square feet of area for each horse kept therein. The keeping of horses on properties located in residential Zoning Districts in other than permitted corral areas is prohibited. 27---merest Houses a—"...ermitteel by Special Use Permit, only if the following conditions exist: C. Guest Houses are •ermitted by Special Use Permit in an Sin•I--Famil Zo in• District if all of the following conditions exist: la. Structure must conform to at least minimum setback requirements. 26. Must be located behind the front line of the primary structure 3e. May not exceed thirty (30) percent of the square footage of the livable area of the primary structure. 4e1. Shall be single story. 5e. Must be connected to primary structure's utilities. 6f. The lot or parcel must be at least 70,000 square feet in size - he 7g. May not be used for any commercial or non-residential uses. L Ordinance 1999-15 Page 4 of 4 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner DATE: May 6, 1999 SUBJECT: Consideration of Ordinance 99-7, amending The Zoning Ordinance of the Town of Fountain Hills by amending Chapter 6 Section 6.07 C.2.c., Section 6.07 D.2.c. of The Zoning Ordinance of the Town of Fountain Hills to require a Comprehensive Sign Plan for Commercial Centers. Staff has identified that there are no regulations regarding a comprehensive sign package as referenced by section 6.07 D. 2. c. This text reads as follows: titiv The signage in a building complex or center shall be contained in a comprehensive sign package which will be approved by the Town of Fountain Hills Community Development Director or designee and conform to the sign regulations contained in this chapter. For the purposes of this Section, a building complex or center is any number of businesses, greater than one, that share the same sight and use common points of ingress and egress to and from the site. The bolded text above is not referenced in any other Section of the Zoning Ordinance. On January 28, 1999 the Commission initiated an amendment to provide minimum requirements for a Comprehensive Sign Package and recommended approval at the February 11th, 1999 meeting. At the March 4t1, 1998 Town Council meeting, Council members voted unanimously to continue this request to allow staff time for further review. Upon further review, staff has found that the requirements of Section 6.06,Comprehensive Sign Plan, would meet the Towns objective to require submission of a sign plan for developing building centers or complexes. Specifically, the proposed amendment to The Zoning Ordinance for the Town of Fountain Hills is printed below. The text proposed to be added is shown as ALL CAPS. The text proposed to be deleted is shown as Section 6.07 C.2.c. • THE SIGNAGE IN A BUILDING COMPLEX OR CENTER SHALL BE CONTAINED IN A COMPREHENSIVE SIGN PLAN ACCORDING TO SECTION 6.06.WHICH WILL BE APPROVED BY THE TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DIRECTOR OR DESIGNEE AND CONFORM TO THE SIGN REGULATIONS CONTAINED IN THIS CHAPTER. For purposes of this Section,a building complex or center shall mean any number of businesses greater than one whose buildings share the same site,using common points of ingress and egress to and from the site. Section 6.07 D.2.c. The signage in a building complex or center shall be contained in a comprehensive sign fookfage PLAN ACCORDING TO SECTION 6.06. which will be approved by the Town of Fountain Hills Community Development Director or designee and conform to the sign regulations contained in this chapter. For the purposes of this Section,a building complex or center is any number of businesses, greater than one,that share the same site and use common points of ingress and egress to and from the site. Evaluation: Section 6.06, Comprehensive Sign Plan, states: "A Comprehensive Sign Plan for a proposed or existing development may be approved by the Town Council with the granting of a Special Use Permit..." The proposed text amendment as written would not require Town Council approval or a Special Use Permit for applications referred by Section 6.07 C.2.c or 6.07 D.2.c.. The submission of a Comprehensive Sign Plan as referred by Section 6.07 C.2.c. or Section 6.07 D.2.c. is an administrative review under the mechanism of a building permit. This text amendment will not affect the existing requirements for a Comprehensive Sign Plan. Recommendation: Staff reccomends that the Planning&Zoning Commission recommend approval to Town Council for Z99-06, a Comprehensive Sign Package text amendment. L TOWN OF FOUNTAIN HILLS ORDINANCE 99-7 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 CHAPTER 6 SECTION 6.07 C.2.0 AND 6.07 D.2.C. OF THE ZONING ORDINANCE OF THE TOWN OF FOUNTAIN HILLS BY AMENDING THE REQUIREMENT FOR COMPREHENSIVE SIGN PACKAGE FOR COMMERCIAL COMPLEXES AND CENTERS. 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 ordinance; and WHEREAS, Public hearings were advertised in the April 7, 14, 21, 28 and May 5, 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 April 22, 1999 and the Mayor and Common Council on May 6, 1999. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Section 1, The Town of Fountain Hills Zoning Ordinance, Chapter 6 Section 6.07 C.2.c, 6.07 D.2.c. of the Zoning Ordinance of the Town of Fountain Hills shall be amended by amending the requirement for Comprehensive Sign Packages as shown in Exhibit"A". L CPASSIFAIL, ,S -1_----- MOTION �- SECOND 133 COUNT Cr- L PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 6th day of May, 1999. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: I -‘,4'17// kffill Ci1 AZA-t_,V5 ILL4,--i.‘ Sht�ron Morgan, Mayor Cassie B. Hansen, Town Clerk RE D BY: APPROVED AS TO FORM: X&to.v,-;), A-If/ ord' , own Manager William E. Farrell, Town Attorney L L Ordinance 1999-7 Page 2 of 3 EXHIBIT "A" The text proposed to be added is shown as ALL CAPS. The text proposed to be deleted is shown as®feeeeel-ek44 CHAPTER 6 Section 6.07 C.2.c. For building oomploxoo or oontoro, tho rogulationo liotod bolow in Part 6.07, D., 2. . THE SIGNAGE IN A BUILDING COMPLEX OR CENTER SHALL BE CONTAINED IN A COMPREHENSIVE SIGN PLAN ACCORDING TO SECTION 6.06. WHICH WILL BE APPROVED BY THE TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DIRECTOR OR DESIGNEE AND CONFORM TO THE SIGN REGULATIONS CONTAINED IN THIS CHAPTER. For purposes of this Section, a building complex or center shall mean any number of businesses greater than one whose buildings share the same site, using common points of ingress and egress to and from the site. Section 6.07 D.2.c. The signage in a building complex or center shall be contained in a comprehensive sign faeekage PLAN ACCORDING TO SECTION 6.06. which will be approved by the Town of Fountain Hills Community Development Director or designee and conform to the sign regulations contained in this chapter. For the purposes of this Section, a building complex or center is any number of businesses, greater than one, that share the same site and use common points of ingress and egress to and from the site. L Ordinance 1999-7 Page 3 of 3 Town of Fountain Hills Memorandum DATE: April 30, 1999 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder, Community Development Director 1J THROUGH: Paul L. Nordin,Town Manager SUBJECT: Ordinance 99-18, a Zoning Ordinance amendment of Section 5.06 regarding setbacks on "hammerhead"cul-de-sacs,Case Number Z99-12. Staff has been contacted by a resident who would like the Town to adopt an amendment to Section 5.06 of The Zoning Ordinance for the Town of Fountain Hills to change the front and/or street-side yard setback regulations for some lots on a"hammerhead"-type cul-de-sac. Hammerhead cul-de-sacs have a"T" shape, whereas the typical bulb-type cul-de sacs are circular. There are 13 hammerhead cul-de-sacs within the Town and there are typically four to six lots on a hammerhead cul-de-sac. Staff has determined that the front or street side yard setback is calculated from all points of the hammerhead right-of-way, including the portions of the ‘Iire hammerhead right-of-way that are perpendicular to the main right-of-way of the cul-de-sac. The resident desires to build a 6-foot high concrete block wall within the street-side yard at a point near the terminus of the hammerhead right-of-way. A graphic example is attached. The following is the proposed amendment to Section 5.06 of The Zoning Ordinance for the Town of Fountain Hills: 5.06 Yard,Lot,and Area Requirements I. Hammerhead Cul-de-Sacs. Front or street side yards that abut the hammerhead right-of way on lots that are located on the outlet side of and immediately abutting the hammerhead terminus shall be calculated by disregarding the perpendicular portion of the hammerhead if all of the following criteria are met: A. The lot immediately adjacent to the subject lot and at the end of the hammerhead terminus is developed, and; B. The Town Engineer has determined that safe vehicular ingress and egress is maintained for the abutting developed lot due to any encroachment, such as a buildin: wall or fen e int• the front or street side and •f th- subject lot. C. The owner of the subject lot shall provide to the Town a written, signed statement from the owner of the lot immediately adjacent to the subject lot at the end of the hammerhead terminus stating his understanding and acceptance of the proposed disregardation of the front or street-side yard setback and the improvements proposed to be developed thereon. On April 22, 1999 the Planning and Zoning Commission recommended,by a 6-0 vote,Town Council approval of the proposed amendment. Staff also recommends Town Council approval of Ordinance 99-18, Case Number Z99-12. L L TOWN OF FOUNTAIN HILLS ORDINANCE #99-18 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING CHAPTER 5, SECTION 5.06 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO CREATE AMENDED FRONT OR STREET SIDE YARD SETBACKS FOR LOTS ON "HAMMERHEAD"-TYPE CUL-DE-SACS IF CERTAIN CRITERIA ARE MET. WHEREAS, The Town of Fountain Hills adopted Ordinance #93-22, on November 18, 1993, which adopted The Zoning Ordinance for the Town of Fountain Hills, and; WHEREAS, Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills, provides for a procedure to amend said ordinance, and; WHEREAS, The Town of Fountain Hills desires to amend its regulations to create amended front or street side yard setbacks for lots on "hammerhead"-type cul-de-sacs if certain criteria are met, and; WHEREAS, The procedures detailed in Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills have been followed, and; WHEREAS, The Town of Fountain Hills has rewritten the text of Chapter 5, Section 5.06 of The Zoning Ordinance for the Town of Fountain Hills and published these proposed text changes in the official newspaper of general circulation, The Times of Fountain Hills and Rio Verde on April 7, 14, 21 and 28, 1999 and on May 5, 1999 and; WHEREAS, Public hearings were advertised in the April 7, 14, 21 and 28, 1999 and in the May 5, 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 April 22, 1999 and by the Fountain Hills Town Council on May 6, 1999. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Section 1. Pursuant to Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills, Chapter 5, Section 5.06 of The Zoning Ordinance for the Town of Fountain Hills shall be amended as follows: ORDINANCE 99-18 PAGE 1 OF 2 � FAIL M0`f ION "1 _ SECOND -�� COUNT �� The proposed amendment is shown below. Text to be added is double-underlined. 5.06 Yard,Lot,and Area Requirements 1. Hammerhead Cul-de-Sacs. Front or street side yards that abut the hammerhead right- of way on lots that are located on the outlet side_of and immediately abutting the hammerhead terminus shall be calculated by disregarding the perpendicular portion of the hammerhead if all of the following criteria are met: A. The lot immediately adjacent to the subject lot and at the end of the hammerhead terminus is developed, and; B. The Town Engineer has determined that safe vehicular ingress and egress is maintained for the abutting developed lot due to any encroachmen, such as a building, wall or fence,into the front or street side yard of the subject lot. PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 6th day of May, 1999. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: 465111 eitii/JA_Le Sharon Morgan, Mayor Cassie B. Hansen, Town Clerk REVIEWED BY: APPROVED AS TO FORM: / /7 ,/6 )1/241/44,fs. <g),„ aul L.'Nor in, o n Manager William E. Farrell, Town Attorney ORDINANCE 99-18 PAGE 2 OF 2 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Geir Sverdrup, Senior Plann DATE: April 30, 1999 SUBJECT: Consideration of Ordinance 99-13 proposed text amendment for Home Occupations. Please find attached a proposed text amendment for Chapter 5, Section 5.14 of The Zoning Ordinance of the Town of Fountain Hills amending the requirements for Home Occupations. L L MEMORANDUM TO: Fountain Hills Planning & Zoning Commission FROM: Joan Blankenship, Planning Technician '% DATE: April 16, 1999 SUBJECT: Consideration a text amendment to Chapter 5, General Provisions, Section 5.14, "Home Occupations" to further define home occupation regulations. At the March 11, 1999 Planning and Zoning Commission meeting, the Commission discussed proposed revisions and an amendment to Chapter 5, General Provisions, Section 5.14, "Home Occupations". Because of significant changes to the language advertised initially for a Public Hearing, another Public Hearing and consideration must be held. The following is proposed language for the Zoning Ordinance regarding the limitation of uses as home occupations. Also, the proposed language would not permit the on-site outdoor storage of materials related to the home occupation. The language to be added is indicated in small, bold capital letters CHAPTER 5 GENERAL PROVISIONS 5.14 Home Occupations. Home occupations shall be permitted in any residential zone, subject to the following requirements: A. Home Occupations shall be clearly incidental and subordinate to the use of the property and dwelling unit for dwelling purposes, shall be conducted entirely within the dwelling or garage, and shall not change the residential character thereof. Carports, accessory buildings, and yards may not be used for home occupations. THERE SHALL BE NO ON-SITE OUTDOOR STORAGE OF MATERIALS RELATING TO THE BUSINESS. B. Area. No more than twenty-five (25) percent of the gross floor area of the dwelling shall be devoted to the home occupation. C. Employees. There shall be no employees other than members of the immediate family residing in the dwelling unit where the home occupation is being operated. D. Delivery Vehicles. No business shall be conducted which requires delivery vehicles or other services not customary to a residence. E. Nuisances. There shall be no external evidence of the activity such as outdoor storage, displays, noise, dust, odors, fumes, vibration, or other nuisances discernible beyond the property lines. F. Signs. No signs signifying the business or any commercial product or service are allowed. Signs on business vehicles, regardless of their storage, shall not display the address of the home occupation. G. Traffic. Customer/patron and shipping/receiving trip generation shall not exceed five (5) trips a day. H. Exception. An exception to these requirements shall be made for the operation of a group home for the handicapped and adult care, day care centers, home day care centers, and model homes. I. Hazardous Materials. Any home occupation desiring to use hazardous materials, as defined in this ordinance, must first secure a special use permit. No home occupation may use hazardous material without a special use permit. Special use permits for the use of hazardous waste will only be issued after the Town and Fire District are assured that proper handling, storage, and disposal safeguards can and will be followed for the health, safety and welfare of the neighborhood and community. L J. USES NOT PERMITTED. THE FOLLOWING USES THAT ARE NOT PERMITTED AS A HOME OCCUPATION INCLUDE, BUT ARE NOT NECESSARILY LIMITED TO, THE FOLLOWING: THE PHYSICAL SALE OR DISTRIBUTION OF COMMODITIES ON THE PREMISES AND MOTOR VEHICLE REPAIR. THE COMMUNITY DEVELOPMENT DIRECTOR OR HIS DESIGNEE SHALL RENDER DECISIONS ON HOME OCCUPATIONS PERMITTED WITH APPEAL TO THE TOWN COUNCIL. L L L TOWN OF FOUNTAIN HILLS ORDINANCE 99-13 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 OF THE TOWN OF FOUNTAIN HILLS, BY AMENDING CHAPTER 5 SECTION 5.14 OF THE ZONING ORDINANCE OF THE TOWN OF FOUNTAIN HILLS TO AMEND THE REQUIREMENTS FOR HOME OCCUPATIONS. 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 ordinance; and WHEREAS, Public hearings were advertised in the April 7, 14, 21, 28 and May 5, 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 April 22, 1999 and the Mayor and Common Council on May 6, 1999. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Section 1, The Town of Fountain Hills Zoning Ordinance Chapter 5 Section 5.14 of The Zoning Ordinance of the Town of Fountain Hills to amend the requirements for Home Occupations as shown in Exhibit "A". ASS/PAIL to c- ( r _ Ordinance 99-13 MOTION ,r Page 1 of 4 SECOND oinS COUNT __—_- -0 PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 6th day of May, 1999. FOR TH TOWN OF FOUNTAIN HILLS: ATTESTED TO: 7q1 ___C/tt4/1,LQ5 Sharon Morgan, ayor Cassie B. Hansen, Town Clerk RE IEWE BY: APPROVED AS TO FORM: )% L./ PI / P/ . ordi , Town Manager William E. Farrell, Town Attorney L Ordinance 99-13 Page 2 of 4 EXHIBIT "A" CHAPTER 5 GENERAL PROVISIONS 5.14 Home Occupations. Home occupations shall be permitted in any residential zone, subject to the following requirements: A. Home Occupations shall be clearly incidental and subordinate to the use of the property and dwelling unit for dwelling purposes, shall be conducted entirely within the dwelling or garage, and shall not change the residential character thereof. Carports, accessory buildings, and yards may not be used for home occupations. There shall be no outdoor storage of materials relating to the business B. Area. No more than twenty-five (25) percent of the gross floor area of the dwelling shall be devoted to the home occupation. C. Employees. There shall be no employees other than members of the immediate family residing in the dwelling unit where the home occupation is being operated. D. Delivery Vehicles. No business shall be conducted which requires delivery vehicles or other services not customary to a residence. E. Nuisances. There shall be no external evidence of the activity such as outdoor storage, displays, noise, dust, odors, fumes, vibration, or other nuisances discernible beyond the property lines. F. Signs. No signs signifying the business or any commercial product or service are allowed. Signs on business vehicles, regardless of their storage, shall not display the address of the home occupation. G. Traffic. Customer/patron and shipping/receiving trip generation shall not exceed five (5)trips a day. H. Exception. An exception to these requirements shall be made for the operation of a group home for the handicapped and adult care, day care centers, home day care centers, and model homes. I. Hazardous Materials. Any home occupation desiring to use hazardous materials, as defined in this ordinance, must first secure a special use permit. No home occupation may use hazardous material without a special use permit. Special use permits for the use of hazardous materials will only be issued after the Town and Fire District are assured that proper handling, Ordinance 99-13 Page 3 of 4 storage, and disposal safeguards can and will be followed for the health, safety and welfare of the neighborhood and community. J. Uses Not Permitted. The following uses that are not permitted as a home occu•ation include, but are not necessarily limited to, the followin•: The physical sale or distribution of commodities on the premises and motor vehicle re•air. The Comm nity Development Director or his desi•nee shall render decisions on home occupations permitted with appeal to the Town Council. Ordinance 99-13 Page 4 of 4