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HomeMy WebLinkAbout1999.0619TCRMP.Packet MAIN � NOTICE OF REGULAR SESSION wod OF THE 'lo �In r " • p`r FOUNTAIN HILLS TOWN COUNCIL *that is An"'' Mayor Morgan Councilman Apps Councilwoman Wiggishoff Councilman Wyman Councilman Poma Vice Mayor Mower Councilwoman Hutcheson WHEN: THURSDAY, JUNE 17, 1999 TIME: 6:30 P.M. WHERE: TOWN HALL COUNCIL CHAMBERS 16836 E. Palisades, Building B RULES FOR ADDRESSING THE COUNCIL—ADOPTED 1/18/90 Les the Council's desire to hear public comment on agenda items. As it is important to maintain order during the meeting,please dhere 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—Father Tot O'Dea—Church of the Ascension Catholic 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 Benda, they may request so prior to the motion to accept the consent agenda. The item will be removed from the Consent (poor enda and considered in its normal sequence on the agenda. Town Council Meeting Agenda Regular Session June 17, 1999 *1.) Consideration of APPROVING THE MEETING MINUTES of June 3, 1999. *2.) Consideration of the PRELIMINARY PLAT for the 2-unit Properties of Pacific Southwest Condominiums XIX(19), located at 14421 Galatea,Case Number S99-013. *3.) Consideration of the FINAL PLAT for FireRock Country Club Parcel "J-1" located west of the proposed FireRock Country Club Drive, a 17.0 acre, 19 lot, 1 tract subdivision. Case#S98-029 *4.) Consideration of the FINAL PLAT for FireRock Country Club Parcel "H-2" located south of FireRock Country Club Drive, a 22.10 acre, 22 lot, 2 tract subdivision. Case#S98-028 5.) MONTHLY REPORT by Magistrate Stuart Shoob. 6.) Consideration of RESOLUTION 1999-28, appointing two directors to the Los Arcos Multipurpose Facilities District pursuant to A.R.S. 48-4202.C. and providing for terms of office. 7.) Consideration of the PRELIMINARY PLAT for FireRock Country Club Parcel "D", located east of FireRock Drive and north of Tombstone Avenue, a 55.42 acre, 41 lot, 2 tract subdivision, Case#S99-01. 8.) Consideration of the FINAL PLAT for the Diamante Del Lago Subdivision, a 139 lot, 101.1367-acre subdivision located north of the Puerto Del Lago subdivision, south of the Mirage Heights Condominiums, east of the Plat 303 and Mirage Point subdivisions, and north, east and south of the Arriba Del Lago subdivision, Case Number S98-032. 9.) PUBLIC HEARING on a request to rezone 23.028± acres of land, located north of Shea Boulevard, east of Palisades Boulevard and south of the Westridge Village subdivision from the "R1-43" to the "L-3" Zoning District and 36.635±acres of land from"R1-43"to the"OSR"Zoning District, Case Number Z99-13. 10.) Consideration of ORDINANCE 99-19 rezoning 23.028±acres of land, located north of Shea Boulevard, east of Palisades Boulevard and south of the Westridge Village subdivision from the "R1-43" to the "L-3" Zoning District and 36.635±acres of land from"R1-43"to the"OSR"Zoning District,Case Number Z99-13. 11.) 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. 12.) ADJOURNMENT. DATED this 14th day of June, 1999. ( {� By: C��LJ 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 2 of 2 Last printed 06/16/99 11:01 AM 460, Interoice Memo To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, TOWN CLERI50), Date: 06/16/99 Re: AGENDA UPDATE The following two additions have been made to the June 17 agenda: NEW AGENDA ITEM #7— PRELIMINARY PLAT FIREROCK PARCEL D Geir placed the staff report for this item in the Council mailboxes on Monday. If you do not have fume a for this item, please let staff know prior to the meeting and we will make sure . get a copy e , VEW AGENDA ITEM #8— FINAL PLAT FOR DIAMANTE DEL LAGO Jeff added this item on Tuesday. His staff report, recommending approval with all stipulations, is included in t Jpacket Y Die to circumstances beyond his control, Mr. Farrell has been unable to prepare Resolution 1999- �2 appointing two directors to the Los Arcos Multipurpose Facilities District. The resolution will be wady forfbnidistribution tomorrow night. It is a routine document and will allow for staggered terms for the a: trnents. There are, however, copies of two letters written by Mr. Farrell and included in this packet for your review. The first letter is copied to you in your capacity as directors of the Fountain Hills Water District. It is a letter from Mr. Farrell to Erik Eriksson regarding the Chaparral City Water Company. Mr. Farrell will advise the District Board of any response to the letter at the 5:30 p.m. meeting tomorrow night. The second letter is a draft response from Mr. Farrell to Jack Frasier regarding his recent letter to the Council about the Sanitary District. Mr. Farrell would like the Council to let him know Thursday evening whether or not he should send the letter. As always, if you have any questions, please feel free to contact me. Page 1 of 1 Cassie Hansen Last printed 06/16/99 1:10 PM 06/16/99 MEMORANDUM TO: THE HONORABLE MAYOR AND T N C L FROM: PAUL L. NORDIN, TOWN MANAGER DATE: JUNE 11, 1999 RE: MANAGER'S REPORT FOR THE JUNE 17th COUNCIL MEETING Reminder: The joint Council/SRP dinner is scheduled for next Tuesday evening, June 15th, at 5:30 p.m. The location will be The Chart House, 7255 McCormick Parkway in Scottsdale. A special meeting and possible executive session of the Fountain Hills Water Company CFD will be held Thursday, June 17th, at 5:30 p.m. in the Town Hall Conference Room. This meeting will immediately precede the regularly scheduled town council meeting. CONSENT AGENDA: There are four items on the consent agenda. Please review the items and contact me should you determine any should be removed. AGENDA ITEM#5 - MONTHLY REPORT FROM JUDGE SHOOB: Magistrate Shoob will summarize the court's activities for the month of May 1999. AGENDA ITEM#6 - APPOINTMENT OF TWO MEMBERS TO LOS ARCOS STADIUM DISTRICT BOARD: Mayor Morgan will recommend the names of two individuals to be appointed to the Los Arcos Stadium District Board of Directors. Scottsdale representatives informed us that the individuals appointed must be available for meetings during the months of July and August. It is therefore necessary to make these appointments at the June 17th council meeting to meet this schedule. AGENDA ITEMS #7 & # 8 - PUBLIC HEARING/ORDINANCE 99-19/REZONE 23+ ACRES FROM R1-43 TO L-3, 36+ACRES FROM R1-43 TO OSR: A public hearing is scheduled to obtain input regarding the rezoning of 23.028 acres from RI-43 to L-3 and 36.635 acres of land from R1-43 to OSR. The Planning and Zoning Commission recommended approval by a 4-2 vote at the June 10th meeting. Please see Geir's report. L TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner DATE: June 11, 1999 SUBJECT: Preliminary& Final Plat for"Pacific Southwest Condominiums XIX" Staff has combined the reports for the Preliminary and Final Plats, there are no off-site improvements or Improvement Plans needed for this plat. This plat is a request by Properties of Pacific Southwest L.L.C., that would condominiumize two-units located at 14421 Galatea Drive, aka Lot 1, Block 11, Final Plat 104. Please refer to the attached Planning and Zoning Commission & Staff report for additional details regarding this request. L. L TOWN OF FOUNTAIN HILLS PLANNING &ZONING COMMISSION AND STAFF REPORT June 17, 1999 CASE NO: S99-013 LOCATION: 14421 Galatea Drive, aka Lot 1, Block 11, Final Plat 104. REQUEST: Consider the Preliminary and Final Plat for "Properties of Pacific Southwest Condominiums Unit XIX", a 2-unit condominium project. DESCRIPTION: OWNER: Rhinehart Construction APPLICANT: Ed Oliva, Properties of Pacific Southwest L.L.C. EXISTING ZONING: "R-2" EXISTING CONDITION: Under Construction LOT SIZE: 12,832 square feet SURROUNDING LAND USES AND ZONING: NORTH: Duplex; zoned "R-2" SOUTH: Duplex; zoned "R-2" EAST: Duplex; zoned "R-2" WEST: Duplex; zoned "R-2" SUMMARY: This request is for approval of the Preliminary and Final Plat"Properties of Pacific Southwest Condominiums Unit XIX" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off-site public improvements, a "fast track" process is being allowed. The owner, Rhinehart Construction, has chosen to convert a Iwo-unit complex currently under construction and record a Declaration of Condominium to sell the units individually. The units will have a maximum livable area of 1,468 square feet, a minimum livable area of 1,348 square feet. Each unit will have a two-car garage. The applicant applied for his building permit, BP98-1561, on November 19, 1998 and received his permit to build on February 4, 1998. RECOMMENDATION: Planning and Zoning Commission recommend approval of the Preliminary Plat, and staff recommends approval of S99-013; Final Plat "Properties of Pacific Southwest Condominiums Unit XIX". JN[A1NBi 4� 1 e. a g� v i �� TOWN OF FOUNTAIN HILLS '0 :,;0' COMMUNITY DEVELOPMENT DEPARTMENT . .. E'Pitn4 i :.— 7:-=—:- , :-.,,:_— \ bA Date Filed - Fee Paid Accepted B ?SOD. o o Condominium Name �/ Pro (E 5 of Pct Q LT c Sn n�f OF S�/ Condominium Address / 99, ?1 6-1G a to cz.. >-nor?1 (� l717//3 t92 eJ 2 6 cf- Legal Description of Lot/Parcel Being Platted Plat /6) 9 Block // Lot(s) Parcel Size Number of Units c_,2. Number of Tracts Zoning General Plan Land Use Designation Density Requested (Dwel ing Units Per Acre) (o . 7 5 b. U. /Ae2E., Apg)icant Day Phone t op F l /£ S [ 7 a'e r I C \�o l-I-"h(...)£ / 8 .':7-/C/0 Addres's City ST Zip /Z(Y3 2 A✓e, 01'g / OL/<z'i4 r n S I'_,Oloul(elf sr i).//S /3Z ��� G k Owner Day Phone / : 6 6 6 7 5 Jl�"1/i) f f�Gr `1 Con Sri"wC�bkti Address P:ti / ST Zip/(_,� „ k3,) I7vi. of i� ! OIa« :,hS ai�ei in ///,//s 42- S5::.>)C S' Attachments(Please list) Signature of Owner I HERBY AUTHORIZE (Please Print) Date je XiC 1)..Z- FILE THIS APPLICATION. S- 7-- Subscribe p Subscribe nd sworn before me this__� tb— day of CiExplirCelYA-1-61 , �g `• w=, 6Ftz1 M sion 2 Nota Pu lic _ LAM- •_"',:i _ Nomry Public-Stele of Arizona r MARICOPACOUNTY O F F F 0 My comm.expires Aug.2,2000 (Seal) TFH Case Number Fee Schedule Attached (c-1 9. 3 / 3 ■ a il4 5 4 111!1 r ..i., fillillik 1;1 qp� '� S r s [ of mA 1U111111 iai .! i ;114 I N I t r a. 4„,,,,x • - , .,,,,.,,,,..0„,_.,„ ui'riii! r4 Al, .rer,"rt d 1hr Y r �..t= J E. < / �� II ®\ i/ /� b / Itipp \ 4.!'' \ #1 r• AP ______) \ .S4''\ *liffill 4.* Ei $fir ' m m g 9. ",J.-\f dt,Octi /' ..- r7 * > w IIco I y /"' ` \\ m``' 4�:, ,V / a .i b d a q i I Illi IMIWil ARP q q . > N m O w d [� ' 11m II. - 91 R,TEg --- a g wcb' xA x —E Hill o > r'''' i8 ' IV A" Lillg I 1.1.. UPI illhir �q r i 0 llmI O m n4. i !; IIj! C Rril A Fi ? .A• Ns � iti • , n V Q n lg . 1 / m o s , a -3 cn e N C X C if !I!HII!! 1i ills itt111; 41 111 q I Ili ��tuq q m•7 �� i1y p x p a q 1111 q W xl$5 41 Et ■ fl.f � Ed=x �b01i ggqq D., P G� °x 1 q � n� `-J l li F101 i gill Al f°llxia/16 q¢-; N pil g� ill i 3i E ° Ay a pi iii ! . A z Z ' Ategg q x d fa'y'sa�8x� F �gExg�abll 1144 4 a x 1 II RHINEHART CONSTRUCTION a.-•^KSMnu «.8-27-1998 MONTGOMERY ENGINEERING A MANAGEMENT,LLC. PLAT 104, BLOCK 11, LOT 1 °`°O" °RN ^Pn ° 88216 16766 E.PARKNEW AVE.,SUITE 201 P..4.I Fn. AS NOTED FOUNTAIN HILLS,ARIZONA 85268 -- 144?1 GALATEA DRIVE CONDOMINIUM PLAT (602)837-1845 tar 837-8668 Pa aA. asa.aa s. n ,,. 1= _ 4. Q1 _ I 1 _ 4I .• 1 1 ,SAO O ; IIN31N= !L _i 'Q• 1 Li Ix. 40. N N (1100 T Am PI 17.66' Z '10.75 • I 14.E6' I Z • � i6r A - - .� kg , a g Ah i s P 10.3S 10.1T o 440uI au 1 2. me(e I, u,66' 444 N �V, 0N ors L RHINEHART CONSTRUCTION 4.••a1 6-27-1996 UONTAOIERY BICINEERING&■ANAABENT,LLC. PLAT 104. BLOCK 11. LOT 1 w �r 963 a DRY ' 16 16766 E PARKVIEW AOE.,SUITE 201 \AMMO Mk 2 OF 2 ON AS NO1EO FOUNTAIN HILLS.ARIZONA 85268 - 14421 GALATEA DRIVE FLOM PLAN a SEc110115 (602)837-1845 fax 837-8668 W0. MII 00718.101 n TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Geir Sverdrup, Senior Planner DATE: June 11, 1999 SUBJECT: Final Plat for FireRock Country Club Parcel "J-1 (S98-029). Please find attached the staff report for the FireRock Country Club Parcel "J-1". The preliminary plat was approved by the Town Council on December 17, 1998. Please refer to the attached staff report for additional details regarding this request. L L TOWN OF FOUNTAIN HILLS STAFF REPORT June 17, 1999 CASE NO.: S98-029 LOCATION: West of the proposed FireRock Country Club Drive, located within the FireRock Country Club Area Specific Plan. REQUEST: Consideration of the Final Plat of FireRock Country Club Parcel "J-1" Subdivision, which is a 17.0 acre, 19 lot, 1 tract subdivision. DESCRIPTION: OWNER: Fire Rock L.L.C. APPLICANT: Dan Kelly for Fire Rock L.L.C. EXISTING ZONING: "R1-35 P.U.D." PARCEL SIZE: 10.82 Acres PROPOSED NUMBER OF LOTS: 9 lots, 1 tract SURROUNDING LAND USES AND ZONING: NORTH: Vacant, zoned "R1-35 P.U.D." (F.C.C.A.S.P.) SOUTH: Vacant, zoned "R1-35 P.U.D." (F.C.C.A.S.P.) EAST: Vacant, zoned "R1-35 P.U.D." (F.C.C.A.S.P.) WEST: Vacant, zoned "OSR P.U.D." (F.C.C.A.S.P.) SUMMARY: This request by FireRock L.L.C. is for approval of the Final Plat for the FireRock Country Club Parcel "J-1" Subdivision located west of the proposed FireRock Country Club Drive, located within the FireRock Country Club Area Specific Plan (F.C.C.A.S.P.) The following staff report will review several aspects of the project, including the following: 1. A review of the FireRock Country Club Area Specific Plan, and the development's conformance with this plan. 2. The subdivision's design and its conformance with the Subdivision Ordinance and the Zoning Ordinance. L Staff Report; S98-029 FireRock Country Club Parcel "J-1" Final Plat June 17, 1999 Page 2 Conformance with Fire Rock Country Club Area Specific Plan: The adopted General Plan Land Use Map was amended by GPA 97-01; Fire Rock Country Club Area Specific Plan. This area was designated for "Single-Family/Low" density land uses, with a unit range of 18-36 units and a proposed unit count of 19 units. Parcel "J-1" proposes 19 lots as per the adopted plan. After staffs review of the proposed Preliminary Plat Fire Rock Country Club Parcel "J-1" Subdivision, and the FireRock Country Club Area Specific Plan, staff believes that the proposed subdivision is in conformance with the FireRock Country Club Area Specific Plan. Subdivision Design GENERAL DESCRIPTION: The topography of the property for Parcel "J-1" is sloping hillside with areas of moderate to severe slopes, (exceeding 25%) with few areas under 10%. Slopes of 10-20% are located at the end of the ,. proposed cul-de-sac. The subdivision proposes one new internal cul-de-sac street off of the future FireRock Country Club Drive. All of the lots meet the "R1-35 P.U.D." zoning district's lot dimension requirements, including those for size and lot width. GRADING: The proposed subdivision complies with the Land Disturbance Standards of the Supplemental Development Agreement for FireRock Country Club. The applicant is providing projected disturbance limits on a lot by lot basis. The Supplemental Development Agreement for FireRock Country Club allows the applicant to provide the required amount of non-disturbance required by the subdivision ordinance in any slope category. Therefore the applicant has conducted a hillside analysis by slope bands and has determined the amount of required preservation. This amount will be distributed on each lot on the Final Plat. The numbers provided by the applicant are their current projected allocations for the disturbance area's lot by lot. Current projections for disturbance in Parcel "J-l" are below the allowable disturbance limits. The on and off-site subdivision improvements will be shown on forthcoming improvement plans and their construction will be required to be assured prior to Final Plat recordation. ISSUES: Offsite improvements including landscape plans were submitted by FireRock Country Club L.L.C. and reviewed by staff, there are no major outstanding issues on Parcel "J-1". All remaining redlines (kb, and comments are minor informational items and will be corrected prior to recordation of the plat. Staff Report; S98-029 FireRock Country Club Parcel "J-1" Final Plat June 17, 1999 Page 3 Preliminary Plat: The Planning and Zoning Commission reviewed and recommended approval of the preliminary plat at their December 10, 1998 meeting. The Town Council approved the preliminary plat at the December 17, 1998 meeting. Recommendation Based on the FireRock Country Club Area Specific Plan land use designation, the current zoning, and the proposed subdivision design, staff recommends that the Town Council approve the Final Plat for the FireRock Country Club Parcel "J-1" subdivision subject to all redlines remaining on the improvement plans and drainage report be corrected prior to recordation. L 06/11/99 15:07 DEUELOPMENT ENG 4 4340 NO.979 P009 1 k t�y, ,.. lYld WWI 104033Y SO t = �+ = 'A ^\` i7. 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FT ` ,` '. •J:,.. �•- 41 , ' ,' - - o Ar l 06/11/99 15:09 DEUELOPMENT ENG 44340 NO.978 P011 ........... c`111'1 .1,;14.. - J.,rta Ivraa '""'"'z.Itti :1 aokgrigl°33tivetholi 1 ' 6 nus-d-IN,b P ...6--.! t-f 13010d ALIVNIINnatiCL it a I I•4 1 i 1 I 1 49 liN Igd i 1 %be 4 2 ‘e c -1 - im-40fifiiii§bagia•igesiiii11100 : --'744"=",:::77-74;.•-• •;,,•-•?---7 , _a ---,ii..- ..41 1,104.1111ligli ;11 . ,,, aartt.;.;-"!,,,Iil, 'lifil 1 *4 Alt. ,l'SI4 J..... 1.1'7.711 7 1' 't i dig I - _ -. . i/ / // r 7 , Q. 1301:Red 4, •.::„., , NN,........s. ' . .:,:, _..z _ . . , / . dit• 'S' • 4.,9 ,, . ,.. , , s , / ...., ......_ 407, . ..••.. , , , 4 f \' ,,,,....,__ . - ....P4.1 — 4 tr 1 '''.4 ...4...:' '. ' I. , I ' ' ' I , a ,-.,..., , • , . ' I • ' • , , , i i i , .21.!.... , , , „.._. ... --,-ztv,.....,....•• --::..-, ,' / 1; 8 i1ov,u1 . ,- .0•s cc xl . ki?,,,.. .k, -••...---:::.__,.j , ...... az sr < 1 '-‘• ' / .. .,ifrejeN •-- v ..._ , I 1•'-'--'1:2,":...••, .s.: ---- :::*.;,„:' -:..; **1 I I i• / -.. , r 1/4" : i - ' . a .....4' ;r am i 1 . le ;hlI I; •t.. -•,........./ // / --- 1 /Is•.--.- /, / / ei ,/i 1,--• ' •- -- ; ' ' • •- , lif 4 >• / •, , / . ,/ .'• '•,. / 5L ...., . . ••.. ....,, II i o I, , % I el • 5 ! , , \ ,,\,... 4-1- i ... -I ‘ \ ' \ \ \‘ '•-... 1\\ \ t (iiiii, __- TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Geir Sverdrup, Senior Planner DATE: June 11, 1999 SUBJECT: Final Plat for FireRock Country Club Parcel "H-2(S98-028). Please find attached the staff report for the FireRock Country Club Parcel "H-2". The preliminary plat was approved by the Town Council on December 17, 1998. Please refer to the attached staff report for additional details regarding this request. L L TOWN OF FOUNTAIN HILLS STAFF REPORT June 17, 1999 CASE NO.: S98-028 LOCATION: South of FireRock Country Club Drive, located within the Fire Rock Country Club Area Specific Plan. REQUEST: Consideration of the Final Plat of FireRock Country Club Parcel "H-2" Subdivision, which is a 22.10 acre, 22 lot, 2 tract subdivision. DESCRIPTION: OWNER: Fire Rock L.L.C. APPLICANT: Dan Kelly for Fire Rock L.L.C. EXISTING ZONING: "R1-35 P.U.D." PARCEL SIZE: 22.10 Acres PROPOSED NUMBER OF LOTS: 22 lots, 2 tracts SURROUNDING LAND USES AND ZONING: NORTH: Vacant, zoned "OSR P.U.D." & "R1-35 P.U.D." (F.C.C.A.S.P.) SOUTH: Salt River Maricopa Indian Community EAST: Vacant; zoned "OSR P.U.D." (F.C.C.A.S.P.) WEST: Vacant, zoned "R1-35 P.U.D." (F.C.C.A.S.P.) SUMMARY: This request by FireRock L.L.C. is for approval of the Final Plat for the FireRock Country Club Parcel "H-2" Subdivision located south of FireRock Country Club Drive, located within the Fire Rock Country Club Area Specific Plan (F.C.C.A.S.P.). The following staff report will review several aspects of the project, including the following: 1. A review of the FireRock Country Club Area Specific Plan, and the development's conformance with this plan. 2. The subdivision's design and its conformance with the Subdivision Ordinance and the Zoning Ordinance. c Staff; S98-28 FireRock Country Club Parcel "H-2" Final Plat June 17, 1999 Page 2 Conformance with Fire Rock Country Club Area Specific Plan: The adopted General Plan Land Use Map was amended by GPA 97-01; Fire Rock Country Club Area Specific Plan. This area was designated for "Single-Family/Low" density land uses, with a unit range of 22-44 units and a proposed unit count of 21 units. Parcel "H-2" proposes 22 lots. Per the adopted development agreement the applicant may increase the unit count by ten (10%) or two lots whichever is greater. As the proposed preliminary plat proposes an increase of one unit from the adopted area specific plan the request is in conformance with the FireRock Country Club Area Specific Plan and the adopted development agreements. After staffs review of the proposed Final Plat Fire Rock Country Club Parcel "H-2" Subdivision, and the FireRock Country Club Area Specific Plan, staff believes that the proposed subdivision is in conformance with the FireRock Country Club Area Specific Plan. Subdivision Design GENERAL DESCRIPTION: The topography of the property for Parcel "H-2" is sloping hillside with areas of moderate to severe slopes, (exceeding 25%). The slopes of 30%+ are located on the western side of the proposed subdivision. There are few areas of less than 10% with the eastern side of the subdivision 10-20% slopes. The subdivision proposes one new double bulb cul-de-sac street off of the future FireRock Country Club Drive. All of the lots meet the "R1-35 P.U.D." zoning district's lot dimension requirements, including those for size and lot width. GRADING: The proposed subdivision complies with the Land Disturbance Standards of the Supplemental Development Agreement for FireRock Country Club. The applicant is providing projected disturbance limits on a lot by lot basis. The Supplemental Development Agreement for FireRock Country Club allows the applicant to provide the required amount of non-disturbance required by the subdivision ordinance in any slope category. Therefore the applicant has conducted a hillside analysis by slope bands and has determined the amount of required preservation. This amount will be distributed on each lot on the Final Plat. The numbers provided by the applicant are their current projected allocations for the disturbance area's lot by lot. Current projections for disturbance in Parcel "H-2" are below the allowable disturbance limits. The on and off-site subdivision improvements will be shown on forthcoming improvement plans and their construction will be required to be assured prior to Final Plat recordation. Staff; S98-28 FireRock Country Club Parcel "H-2" Final Plat June 17, 1999 Page 3 ISSUES: Offsite improvements including landscape plans were submitted by FireRock Country Club L.L.C. and reviewed by staff, there are no major outstanding issues on Parcel "H-2". All remaining redlines and comments are minor informational items and will be corrected prior to recordation of the plat. Preliminary Plat: The Planning and Zoning Commission reviewed and recommended approval of the preliminary plat at their December 10, 1998 meeting. The Town Council approved the preliminary plat at the December 17, 1998 meeting. Recommendation Based on the FireRock Country Club Area Specific Plan land use designation, the current zoning, and the proposed subdivision design, staff recommends that the Town Council approve the Final Plat for the FireRock Country Club Parcel "H-2" subdivision subject to all redlines remaining on the improvement plans and drainage report be corrected prior to recordation. L 06/11/99 15:08 DEUELOPMENT ENG 4 4340 NO.978 P012 .a, !11111 �� lYtd"MIS � !rill!) YJA� It%•112Y r.+i�oevd ., , A 1 i s I .. g F HMIS -n�� a YIviG X y t.. 3 3 *i �+Y657 ITy '1i= ! dam' ti i `— . -�r7 fir' = t:t!' i:l, k r. ,lrt of Coe i 3 Lie R rr 5 S:6d ES:i:!i CAA Ii �di Pt rC B r 2 tigi 6! it ail Y 1 pp fi Wig ~ fish • •I r td. "dale g I�?"'„ ly gyp! . iv, '�' a a.1 li a 771 ±'�r,.iiF=. # .is As 1 iyQ! 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F r s:_ r. g -„t"1f,r :1 _ alit 1, hb . e "e : ii Yv. !:;f k8 ni• 4; re S i e i a i E . a-_ r •r l k l e y c CC s. %P i11:g yx" _3 .1.,..! i ► ' ' s 4 ! +t a� �t 1 Y E :,� f ^e0e d Y .1T p+� 1 (,!4, ' R: S b h' 1� : ''S ^ b :'(i r;� � �i 'yjF :'w� :' �: = �« t F tr X i'`.S�iP t' ^ ��� 1� ° 1; ° �.�-i ra �7• : p �i b!I. , .: E rc ab. )" s a'5 : fG tax r E•. it �t x Pi . a, ' jd (� 49i �'dynv :.r, krA..bC I' ; 3id ditsl d -11- grrIr. s3 1 d M qq n n F ntr K=;fi bf hen°� nt M r. 1 qq rb !'6 i 7qY !!ft .iic tR1 lr l Ea i fi t 0l6 6.1� `d.1 ltt ... .fr. .z . * 7 z . r f . i► W iItAl . ai! a 06/11/99 15:08 DEVELOPMENT ENG 4 4340 NO.978 P013 :I" 'ry LH 10t:Vd Noi Iuswer3 MU ANi d . � , �A 1�� � � N� 1G.„ r 0+� iliriMinr b 2 A 4���Tw;'s "�r.�{-a,'na 1* r. A I6,:.4' ii! •ht0 �. d 4 11111111 11l1�11 .AI:� iiiI1Ih��1���iiiii.iil nil- Iii11?i' vii . '11 i \• . \ e9 En O I6 ill v`cq- \ +o.. 1 • te r• in. 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Fountain Hills Municipal Court Monthly Report May 1999 LASES FILED MONTH FYTD COURT DPS MCSO FHMD PROS Civil Traffic 395 3,952 (0) (1) (294) (100) (0) Criminal Traffic 53 455 (13) (0) (34) (6) (0) Misdemeanor 37 610 (0) (0) (27) (4) (6) OOP/IPH 4 89 (4) May 1999 489 5,106 (17) (1) (355) (110) (6) May 1998 406 4,325 (295) (59) Filings increased 18% CASES TERMINATED MONTH FISCAL YEAR TO DATE Civil Traffic 430 4,039 Criminal Traffic 44 477 Misdemeanor 39 611 OOP/IPH 4 89 May 1999 517 5,216 Lie May 1998 336 4,280 Terminations increased 22% HEARINGS/TRIALS HELD MONTH FISCAL YEAR TO DATE Civil Traffic Hearings 12 135 Traffic/Criminal Trials 0 18 Juvenile Hearings 20 158 PTC/OSC/SR Hearings 37 547 OOP/IPH Hearings 1 16 May 1999 70 874 May 1998 76 733 May 1999 Revenue Received $ 41,482 98-99 FISCAL YEAR TO DATE $375,501 May 1998 Revenue Received $ 33,123 97-98 FISCAL YEAR TO DATE $295,133 L Revenue increased 27.23% over last fiscal year 999 Outstanding Balance $ 296,224 1998 Outstanding Balance $ 301,688 ____ ,....„ ,,.. (lbw Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, TOWN CL K Date: 06/11/99 Re: AGENDA ITEM #6— STADIUM DISTRICT APPOINTMENT Mr. Farrell is preparing Resolution 1999-28 to appoint 2 directors to the Los Arcos tips ties District. The resolution will be available for distribution on Monday. agcpd�weekeind nd enjoy the short Packet' E S a- L Page 1 of 1 Cassie Hansen Last printed 06/11/99 4:33 PM 06/11/99 Law Offices Of WILLIAM E. FARRELL, P.L.L.C. Telephone (602) 661-6044 Suite 220 Facsimile (602) 661-7454 William E. Farrell 10135 East Via Linda Scottsdale, Arizona 5258- 5312 MEMORANDUM TO: Mayor and Council Town Manager Town Clerk FROM: William E. Farrell Town Attorney DATE: June 17, 1999 RE: Resolution 1999-28 Los Arcos Multipurpose Facilities District Appointment of Board Members On your agenda this evening for consideration is Resolution No. 1999-28 which memorialize your selection of two persons to serve on the Board of Directors of the Los Arcos Multipurpose Facilities District and designates a term for each person appointed. 1/41160. The Town elected by Resolution 1999-24 on May 19, 1999 to participate with the City of Scottsdale and other communities in the formation of the Los Arcos District. A.R.S. § 48-4202 (a copy of the most current version is attached to this memo) provides in paragraph C that the Board of Directors of a District established under subsection B shall consist of two members appointed by the governing body of each municipality, but may not include officers or employees of the municipality. Subsection C goes on to say that the directors are not eligible for compensation for their services but may be reimbursed for necessary expenses in attending to and traveling on District business, A.R.S. § 48-4203 describes the powers and duties of the Board of Directors, discusses conflicts of interest and classification. A copy of the most current version is also attached to your memorandum. During the most recent state legislative session, two House Bills and one Senate Bill amending sections 48-4202 and 4203 were passed into law and all go into effect on August 6, 1999. Two of the Bills, HB 2640 and SB 1172, amend portions of 48-4202 and are retroactive to all districts formed after June 30, 1998. The net result of this is that, although they are not in the law now, when L Memorandum re: Resolution 1999-28 June 17, 1999 Page 2 they do become law on August 6, 1999, they will both be retroactive and, therefore, I have attempted in the attached resolution to take into consideration their effect. Specifically, Senate Bill 1172 in Section 3 thereof provides that the Board of Directors, members appointed by a municipality, shall be appointed for a defined term. Resolution 1999-28 creates a three-year term and a four-year term. I attended the Scottsdale City Council meeting on Tuesday, June 15, 1999 and observed the Mayor and Council appoint Mr. Jim Wellington to a three-year term and Mr. John Hink to a four-year term. Our resolution, therefore, reflects identical terms and would allow our directors to have terms consistent with Scottsdale's directors. You are, of course, free to change those lengths of term, if you desire. None of the other changes proposed by HB 2640, HB 2026, and SB 1172 are applicable to tonight's decision on the appointment of directors and I will, therefore, summarize the changes to the Bills after August 6, 1999 when they become effective. Staff recommends that you select two individuals to represent the Town of Fountain Hills on the Board of Directors, and that you designate one selectee to a three-year term and one selectee to a four-year term. As always, I would be more than happy to answer any questions you may have regarding this memorandum, the law, as it is now or as it will be after August 6, 1999, and any other questions you may have regarding this matter. Respectfully submitted, William E. Farrell Town Attorney WEF:pf encl. Memo-staff rept resol 99-28.mem.docz:\wPDATnn1emo-surf rept resol 99-28.mem.wpd RESOLUTION 1999-28 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPOINTING TWO (2) DIRECTORS TO SPECIFIC TERMS AS MEMBERS OF THE BOARD OF DIRECTORS OF THE LOS ARCOS MULTIFACILITIES DISTRICT. WHEREAS, the Mayor and Common Council of the Town of Fountain Hills, Arizona on May 20, 1999 adopted Resolution 1999-24 creating the Los Arcos Multipurpose Facilities District; and WHEREAS,A.R.S. § 48-4202.0 provides for the appointment by the Council of two members of the Board of Directors of said District; NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS: Section 1. That Linda Melucci , is hereby appointed to the Board of Directors of the Los Arcos Multipurpose Facilities District for a term of office of three(3) years. Section 2. That Wallace J. Nichols ,is hereby appointed to the Board of Directors of the Los Arcos Multipurpose Facilities District for a term of office of four(4) years. PASSED AND ADOPTED by the Mayor and Common Council of the Town of Fountain Hills, Arizona this 17th day of June, 1999. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: f 'L Ge 6c/J4-ii J3 LluvvI. Sharon Morgan,Mayor Cassie B. Hansen, Town Clerk RE WED BY:tr APPROVED AS TO FORM: W--tliAetW Pfc-t-U, Paul L. N din, Town Manager William E. Farrell, Town Attorney L Resolution 1999-28 Page 1 of 1 48-4202 -Formation of district Page 1 of I 14. ALIS Online Co' 48-4202 . Formation of district A. The board of supervisors of each county having a population of more than one million five hundred thousand persons according to the most recent United States decennial census or any county in which a major league baseball organization has established or seeks to establish a spring training operation may organize a countywide district to include both the incorporated and unincorporated areas of the county, if the board determines that the public convenience, necessity or welfare will be promoted by establishing the district. B. Two or more municipalities in the same county may organize a district for multipurpose facilities if the governing bodies of the municipalities determine that the public convenience, necessity or welfare will be promoted by establishing the district. The district shall be comprised of the areas within the corporate boundaries of the municipalities. A district may be established under this subsection in the same county in which a district is established under subsection A of this section. A district formed pursuant to this section shall be deemed a county stadium district for purposes of this chapter. C. The county board of supervisors shall be the board of directors of a countywide district established under subsection A of this section. The board of directors of a district established under subsection B of this section shall consist of two members appointed by the governing body of each municipality but may not include officers or employees of the municipality, and if the district enters into an intergovernmental agreement pursuant to section 48-4203 with an Indian tribe or community, the board of directors shall include two members appointed by the Indian tribe or community. The directors are not eligible for compensation for their services but are eligible for reimbursement for their necessary expenses in attending to and traveling on district business. D. The board of supervisors may pay the necessary costs incurred in connection with establishing a countywide district from any county monies available for that purpose. The municipalities may pay their proportionate share of the necessary costs incurred in establishing a district formed by two or more municipalities under subsection B of this section from any monies available for that purpose. E. The district is a tax levying public improvement district and a political taxing subdivision of this state and has all the powers, privileges and immunities granted generally to municipal corporations for the purposes of implementing this chapter, including eminent domain and immunity of its property, bonds and interest on and transfer of its bonds from taxation. Bills I Members I FloorCalendars I CommitteeAgendas I Session Laws! Statutes) Arizona Constitution - Click here to return to the A.L.I.S. Home Page. L http://www.azleg.state.az.us/ars/48/4202.htm 6/17/99 48-4203 - Powers and duties of board of directors; conflict of interest; classification Page 1 of 2 ALIS Online 48-4203 . Powers and duties of board of directors; conflict of interest; classification A. The board of directors, on behalf of the district, may: 1. Adopt and use a corporate seal. 2. Sue and be sued. 3. Enter into contracts, including intergovernmental agreements under title 11, chapter 7, article 3, as necessary to carry out the purposes and requirements of this chapter. The district may contract with a county sports authority established under title 11, chapter 5 to carry out any power of the district. 4. Adopt administrative rules as necessary to administer and operate the district and any property under its jurisdiction. 5. Employ an executive director and administrative and clerical employees, or contract for other management personnel, and prescribe the terms and conditions of their employment as necessary to carry out the purposes of the district. 6. Acquire by any lawful means, including eminent domain, and operate, maintain, encumber and dispose of real and personal property and interests in property. 4100 7. Administer trusts declared or established for the district, receive and hold in trust or otherwise property located in or out of this state and, if not otherwise provided, dispose of the property for the benefit of the district. 8. Retain legal counsel and other consultants as necessary to carry out the purposes of the district. B. The board of directors shall: 1. Appoint from among its members a chairman, a secretary and such other officers as may be necessary to conduct its business. The county treasurer is designated ex officio as the treasurer of a countywide district established under section 48-4202, subsection A. The board of directors of a district that is established pursuant to section 48-4202, subsection B shall designate ex officio an officer of one of the municipalities as treasurer of the district. 2. Keep and maintain a complete and accurate record of all its proceedings. All proceedings and records of the board shall be open to the public as required by title 38, chapter 3, article 3.1 and title 39, chapter 1. 3. Provide for the use, maintenance and operation of the properties and interests controlled by the district. C. The board of directors of a district that is established pursuant to section 48-4202, subsection B shall determine by agreement the distribution of revenues from operating and using the multipurpose facilities among the municipalities and any participating Indian tribe or community. http://www.azleg.state.az.us/ars/48/4203.htm 6/17/99 48-4203 - Powers and duties of board of directors; conflict of interest; classification Page 2 of 2 D. The directors, officers and employees of the district are subject to title 38, chapter 3, article 8 relating to conflicts of interest. Bills I Members I FloorCalendars I CommitteeAgendas I Session Lawsl Statutesl Arizona Constitution - Click here to return to the A.L.I.S Home Page. L L http://www.azleg.state.az.us/ars/48/4203.htm 6/17/99 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Geir Sverdrup, Senior Plann DATE: June 17, 1999 SUBJECT: Preliminary Plat for FireRock Country Club Parcel "D (S99-001). Please find attached staff report for the FireRock Country Club Parcel "D". ". The preliminary plat was approved, by the Town Council, on December 17, 1998. This Plat was added to the agenda at the request of the applicant. Staff continues to have a concern relating to the common driveway alignments on lots 12 & 13 and 23 & 24. The applicant has assured staff that the issue will be resolved prior to the Council meeting. Staff advised that if there were any concerns that lot line reconfiguration would be required to accommodate the common driveways, that the staff would recommend a 2- week continuance. Please refer to the attached staff report for additional details regarding this request. L TOWN OF FOUNTAIN HILLS STAFF REPORT June 17, 1999 CASE NO.: S99-001 LOCATION: East of FireRock Country Club Drive and north of Tombstone Ave, located within the Fire Rock Country Club Area Specific Plan. REQUEST: Consideration of the Final Plat of FireRock Country Club Parcel "D" Subdivision, which is a 55.42 acre, 41 lot, 2 tract subdivision. DESCRIPTION: OWNER: Fire Rock L.L.C. APPLICANT: Dan Kelly for Fire Rock L.L.C. EXISTING ZONING: "R1-35 P.U.D." PARCEL SIZE: 55.42 Acres PROPOSED NUMBER OF LOTS: 41 lots, 2 tracts SURROUNDING LAND USES AND ZONING: NORTH: Vacant, zoned "OSR P.U.D." (F.C.C.A.S.P.) SOUTH: Vacant, zoned "R1-35 P.U.D." (F.C.C.A.S.P.) EAST: Vacant; zoned "OSR P.U.D." (F.C.C.A.S.P.) WEST: Vacant, zoned "R1-35 P.U.D." (F.C.C.A.S.P.) SUMMARY: This request by FireRock L.L.C. is for approval of the Final Plat for the FireRock Country Club Parcel "D" Subdivision, located east of FireRock Country Club Drive and north of Tombstone Ave. The following staff report will review several aspects of the project, including the following: 1. A review of the FireRock Country Club Area Specific Plan, and the development's conformance with this plan. 2. The subdivision's design and its conformance with the Subdivision Ordinance and the Zoning Ordinance. Conformance with Fire Rock Country Club Area Specific Plan: The adopted General Plan Land Use Map was amended by GPA 97-01; Fire Rock Country Club Area Specific Plan. This area was designated for "Single-Family/Low" density land uses, with a unit range of 57-144 units and a proposed unit count of 46 units. Parcel "D"proposes 41 lots. The Staff Report FireRock Country Club Parcel"D" Final Plat,S99-001 June 17, 1999 Page 2 proposed preliminary plat is in substantially different from proposed plat in the FireRock Country Club Area Specific Plan but meets the adopted development agreements. The major differences between the proposed plat in the ASP and the proposed preliminary plat now under consideration is a reduction in the amount of street area and a five lot unit count reduction. While the Development agreements do not grant the over-length cul-de-sac for Parcel "D", they do permit a 4,000 foot long hillside road for this plat. Staff feels that the reduction in lots and roadway area greatly improves the proposed plat. After staffs review of the proposed Final Plat Fire Rock Country Club Parcel "D" Subdivision, and the FireRock Country Club Area Specific Plan, staff believes that the proposed subdivision is in conformance with the FireRock Country Club Area Specific Plan. Subdivision Design GENERAL DESCRIPTION: The topography of the property for Parcel "D" is sloping hillside with areas of moderate to severe slopes. Slopes of 20-30% are predominate in the proposed subdivision. There are few areas of less than 10% and 10-20% slopes, these are located in lots 1-5 and lot 14. 30% slopes are scattered throughout the subdivision with the majority in the northwest quadrant of the plat. The subdivision proposes one extended new cul-de-sac street off of a loop road connecting FireRock Country Club Drive and Tombstone Ave.. All of the lots meet the "R1-35 P.U.D." zoning district's lot dimension requirements, including those for size and lot width. GRADING: The proposed subdivision complies with the Land Disturbance Standards of the Supplemental Development Agreement for FireRock Country Club. The applicant is providing projected disturbance limits on a lot by lot basis. The Supplemental Development Agreement for FireRock Country Club allows the applicant to provide the required amount of non-disturbance required by the subdivision ordinance in any slope category. Therefore the applicant has conducted a hillside analysis by slope bands and has determined the amount of required preservation. This amount will be distributed on each lot on the Final Plat. The numbers provided by the applicant are their current projected allocations for the disturbance area's lot by lot. Current projections for disturbance in Parcel "D" are below the allowable disturbance limits. The on and off-site subdivision improvements will be shown on forthcoming improvement plans and their construction will be required to be assured prior to Final Plat recordation. L Staff Report FireRock Country Club Parcel"D" Final Plat,S99-001 June 17, 1999 Page 3 ISSUES: Offsite improvements including landscape plans were submitted by FireRock Country Club L.L.C. and reviewed by staff, there are no major outstanding issues on Parcel "D". Staff is concerned about the final alignment of the common driveways for lots 12 & 13 and 23 & 24. Staff wants to insure that there will be no required lot line reconfiguration to accommodate the driveways. All other remaining redlines and comments are minor informational items and will be corrected prior to recordation of the plat. Preliminary Plat: The Planning and Zoning Commission reviewed and recommended approval of the preliminary plat at their December 10, 1998 meeting. The Town Council approved the preliminary plat at the December 17, 1998 meeting. Recommendation Based on the FireRock Country Club Area Specific Plan land use designation, the current zoning, and the proposed subdivision design, staff recommends that the Town Council approve the Final Plat for the FireRock Country Club Parcel "D" subdivision subject to all redlines remaining on the improvement plans and drainage report be corrected prior to recordation. L V �',� TOWN OF FOUNTAIN HILLS -4,.-mofr COMMUNITY DEVELOPMENT DEPARTMENT #. a EiliMINARX PL4TPAPPIGAT10 , . , = Date Filed/ Z �- �� Fee Paid Z9c By Accepted B Plat Name/Number FLZE gc�c . C0 Lk-N-7-1z.Y cl Li(3 C _A2.tEi_ D Parcel Size Number of Lots C q 'f .C:'-Cs VI Number of Tracts Zoning General Plan Land User Designation `R ( - 35 'Puts cI.v' /tc PC?ra " Lt! . Density Requited/(Dwelling Knits Per Acre) �/ (4 N%/ coiv ...S-5 g/y4,.c 5 O. 7 4 6_A G re Applicant Day Phone 636--v! tZ F :y2 E—n2.C,c lc LL (_ J47 Address _ /_� 7� City / I/ STD Zip ' '5 5 sOc.SS 74 _..SA Q..t_ U t U d. 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COP 4 do• t17 t. ,`� / 6 / ' /, / 30 /;/- "1- A'' ; / 4. / \ e/+t / antra anza aaa.Nnop moaaaia— N x\ Town of Fountain Hills Le' Memorandum DATE: June 15, 1999 TO: The Honorable Mayor and Common Council �j FROM: Jeffrey Valder, Community Development Directoia '— THROUGH: Paul L. Nordin, Town Manager SUBJECT: Diamante Del Lago Sivage-Thomas Homes is the applicant for the 139 lot, 101.1367-acre Diamante Del Lago subdivision, located north of the Puerto Del Lago subdivision,east of the Arriba Del Lago subdivision,east of the Fort McDowell Indian Reservation, southwest of the Mirage Point and Plat 303 subdivisions and south of the Mirage Heights Condominiums. On February 4, 1999 the Town Council approved the preliminary plat,rezoning, cut/fill waivers and a development agreement for this development. Please see the staff report for a full review of the project. Staff recommends approval of the final plat,Case Number S98-032, with all of the stipulations listed in the staff report. L TOWN OF FOUNTAIN HILLS STAFF REPORT JUNE 15, 1999 CASE NO.: S98-032 LOCATION: A portion of the "Lakeside" property, located north of the Puerto Del Lago subdivision, north and east of the Arriba Del Lago subdivision, south and west of the Mirage Pointe and Plat 303 subdivisions and south of the Mirage Heights subdivision. REQUEST: Consideration of the Final Plat for the Diamante Del Lago subdivision. DESCRIPTION: OWNER: MCO Properties,Inc. APPLICANT: Sivage-Thomas Homes EXISTING ZONING: "Rl-6A PUD" PARCEL SIZE: 101.1367 Acres PROPOSED NUMBER OF LOTS: 139 Lots SURROUNDING LAND USES AND ZONING: NORTH: Developed multi-family and single-family developments in the Mirage Heights and Plat 303 subdivisions zoned "R-4" and "R1-10". SOUTH: The Puerto Del Lago subdivision, zoned "R1-6A PUD". EAST: Fountain Park, the Arriba Del Lago subdivision, and undeveloped and unplatted land, zoned "R-190", "R-3 RUP" and "R-5". WEST: The Fort McDowell Indian Reservation. SUMMARY: This request by Sivage-Thomas Homes is for approval of the final plat for the Diamante Del Lago subdivision. The Town Council approved the preliminary plat, a development agreement, cut/fill waivers and a rezoning for the property on February 4, 1999. The proposed final plat will subdivide the 101.1367-acre property into 139 lots. In March 1999 a 1.4 million-dollar bond issue was passed by the Fountain Hills voters to acquire the center"postcard" view section of the development. That land is included in this subdivision and is placed in a separate tract of land to facilitate future acquisition by the Town. The following staff report will review several aspects of the project, including the following: 1. A review of the applicable Principles and Guidelines contained within the Fountain Hills General Plan and the development's conformance with those Principles and Guidelines. 2. The subdivision's design and its conformance with the Subdivision Ordinance and the Zoning Ordinance. Town Council Staff Report Diamonte Del Lago June 15, 1999 Page 2 Conformance with Fountain Hills General Plan: The Fountain Hills General Plan was amended by the Town Council for the lakeside property and the site is now designated for "Single-Family/Medium" land uses, with a density range of 2-4.5 dwelling units per acre. The density allowed in the proposed "R1-6A PUD" Zoning District is consistent with the "Single-Family/Medium" land use designation. The proposed 139-lot development on 101.1367 acres has a density of 1.37 dwelling units per acre. Subdivision Design GENERAL DESCRIPTION: The subdivision will be functionally divided into two sections. The first section of the subdivision will be the ridgeline portion of the development, which will be gated (per the approved PUD) and is the area from which most of the cut material will be generated. The second section of the subdivision will be in"the valley" which will not be gated. The valley area of the development will be developed northwest of the Arriba Del Lago subdivision. This valley will largely be filled with the cut material generated from the ridgeline areas of the subdivision. The road connecting La Montana Drive with Vista Del Lago Drive is proposed to be developed to a Local road standard. Local roads have a 50-foot right-of-way and 32 feet of pavement. All of the remaining roads in the subdivision are proposed to be developed to a modified hillside local road standard. These roads will have a 40-foot right-of-way and 28 feet of pavement where normally there would be just 26 feet of pavement. The extra two feet of pavement is the minimum pavement width allowed by the Town Engineer to enable parking on one side of the street. The developer is proposing that five-foot wide sidewalks will be developed on one side of all roads in the subdivision except for small cul-de-sac road segments. Additionally, the sidewalk on the ridgeline road will be developed on the easterly and northerly side of the road, so that pedestrians and the general public can enjoy the panoramic views to the east and north of the site. All of the building pads are proposed to be mass-graded with the subdivision improvements. Several areas within the subdivision have been approved with cut/fill waivers to facilitate the development of the subdivision. The approved development agreement allows for several deviations to Subdivision Ordinance regulations. The Town Council approved the development agreement because the Town will benefit through the following: 1. Single-family development 2. One-story homes on the ridgeline 3. A maximum of three adjoining two-story homes in the lower portions of the subdivision Town Council Staff Report Diamonte Del Lago June 15, 1999 Page 3 4. General public access to all of the sidewalks in the subdivision 5. Town enforcement of additional design standards included in the agreement 6. The development of a trail through the Hillside Protection Easement areas of the development 7. The dedication of all of the open space areas in the development to the Town. Staff has calculated the hillside preservation amounts. According to the "Net" methodology, Phases 1 and 2 would provide and extra 185,794 square feet of non-disturbance in the 0-10% slope category, but 41,406 square feet excessive disturbance in the 10-20% slope category and 1,878 square feet excessive disturbance in the 10-20% slope category. Phase 3 would have 40,972 square feet of excess preservation in the 0-10% slope category but 13,566 square feet of excess disturbance in the 10-20% slope category. SUBDIVISION TECHNICAL REVIEW: The Subdivision Technical Review Committee met with the applicant and its consultants to discuss the preliminary design of the subdivision on September 23, 1998. The applicant has made changes to the original subdivision design that was reviewed by the Committee. Recommendation The project site is located in one of the Town's most visually sensitive areas. Staff believes that the applicant is meeting three very important goals of the Town in this development. The project will be developed as single-family, unlike the former zoning on the site, and that the single-family nature of the development, and the rezoning, will and have implemented the General Plan. Secondly, the applicant has committed to develop only single-story homes on the ridgeline portions of the development, thereby reducing the profile of the development on the ridgeline. Lastly, the applicant is proposing a public trail through the middle open space tract in the development and general public access on all of the sidewalks in the subdivision. Staff recommends approval of the final plat for the Diamante Del Lago subdivision, Case Number S98-032 with all of the following stipulations: 1. Prior to final plat recordation the applicant shall: A. Gain approval of subdivision improvement plans for the development. B. Submit subdivision construction assurances acceptable to the Town Engineer. C. Submit and gain approval of a revised soils report including pavement design recommendations. D. Separately abandon the roadway/emergency access/water(PUE) easement leading to the Puerto Del Lago subdivision. Town Council Staff Report Diamonte Del Lago June 15, 1999 Page 4 2. Prior to the issuance of any clearing, grubbing or grading permit, the applicant shall: A. Gain approval of the subdivision grading plan component of the subdivision's improvement plans. B. Stake and rope all Hillside Disturbance Easements. C. Erect 6' high imbedded chain link fencing on both sides of Tract "0" (the "postcard view" parcel) that abut planned disturbance areas. D. Submit subdivision construction assurances as noted in stipulation 1B, above. 3. Comply with all Engineering and Community Development Department redline comments on the final plat and improvement plans in addition to the stipulations listed below. 4. Provide a(20-mph) sight easement on Lots 69, 70 and Tract D near the street intersection. 5. Provide drainage easements within Lots 218-221 for detention basin areas. Provide drainage easements and public utility easements where needed for Fountain Summit. Provide storm drain easements along Panorama for the existing storm drain, where cre needed. 6. Provide public access and parking/no parking signage as specified in the Development Agreement. 7. Revise the Final Plat to show Tracts F-P (except 0) to be dedicated to the Town of Fountain Hills if that is your desire. 8. Channel improvements or a storm drain may need to extend on Vista Del Lago to the existing storm drain along Panorama Drive. 9. Build the trail in an alignment approximating the alignment shown on the preliminary plat and after hiking the alignment with Town staff. Connect the trail to the ridge line road (near Brantley) and continue the trail to Brantley Drive along the public utility easement. 10. Label the private streets as an emergency access easement for egress from the Puerto Del Lago Subdivision. Provide gate keys or an access code to all residents of the Puerto Del Lago subdivision for the gate at the northern terminus of Via Del Sol. L Town Council Staff Report Diamonte Del Lago June 15, 1999 Page 5 11. Construct La Montana Drive from its existing termination point to the subdivision boundary—including curb, gutter, sidewalk, paving, and utilities. 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Ail riSti, g 7, \ 41 A. \\.:\ ` VL Y' tlY ~ 10.664\c- ,.......„ .A „ , ,. .„ •, \,.,,h.,,, , • .. , r . ,.. . .._.,,,_, Ilic \so may ' 1 )§ I ,I i' adAt a frx, l''''''-\'-')/. +/I , -,,,I jilt \- l' *1111111131711,- vit •. $. \ 1 ' ‘,s t i I " d uux I, E. ,� ( p „ t..: tt hb " YSI _- \ . ./ n2115 PNOMN:qMl h 4.4ry 0 / .hN, A'aft Y, IWN11.114 MIIK ' // r. ` / 1511 um IS:10 OI 66-L-9 66p,416wd0 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Geir Sverdrup, Senior PlarJPer- DATE: June 11, 1999 SUBJECT: Proposed rezone from "R1-43" Single Family Zoning District to "L-3" Lodging and "OSR" Open Space Recreational Zoning District (S98-028). Please find attached the staff report for the proposed rezone from "Rl-43" Single Family Zoning District to "L-3" Lodging and "OSR" Open Space Recreational Zoning District". The site is located at the northeast corner of Palisades and Shea Blvd.'s. Please refer to the attached Planning and Zoning Commission report for additional details regarding this request. L TOWN OF FOUNTAIN HILLS PLANNING AND ZONING COMMISSION REPORT June 17, 1999 CASE NO.: Z99-13 LOCATION: North of Shea Blvd. and east of Palisades Blvd. REQUEST: Consideration of a proposal to rezone 23.028 acres from the "R 1-43" to "L- 3" and 36.635 acres from "R1-43" to "OSR" Zoning Districts. DESCRIPTION: OWNER: MCO Properties, Inc. APPLICANT: Fountain Vista Properties L.L.C. EXISTING ZONING: "R1-43" PROPOSED ZONING: "L-3 & OSR" PARCEL SIZE: 59.67 Acres SURROUNDING LAND USES AND ZONING: NORTH: Developing residential (Approved final plat Westridge Village), zoned "R1- ,, 10 PUD and OSR." SOUTH: Shea Blvd; zoned"R1-43." EAST: Undeveloped, zoned "R 1-43." WEST: Undeveloped and unsubdivided; zoned "M-1" (Summit Estates). SUMMARY: This request by Fountain Vista Properties L.L.C. is for a recommendation to the Town Council for the rezone of the area, which is located north of Shea Blvd. and east of Palisades Blvd. The following Planning and Zoning Commission report will review several aspects of the project, including the following: 1. A review of the applicable Principles and Guidelines contained within the General Plan, and the development's conformance with those Principles and Guidelines.. 2. The proposed rezoning. L Planning&Zoning Commission Report Z99-13 June 17, 1999 Page 2 Conformance with General Plan: The adopted General Plan Land Use Map designates this site for "Lodging", "Single-Family/Low" and "Open Space" density land uses. The Lodging designates areas for tourist oriented lodging with supportive retail and service uses. The residential portion has a (gross) density range of 1-2 DU/AC (Dwelling Units per Acre) and "OS" Open Space which denotes areas targeted for preservation/conversation of wash areas. The gross density of this proposed subdivision would be 1.03 DU/AC overall or 2.75 DU/AC subtracting the areas to be zoned "OSR" (Parcels "A" & "C" to be under a H.P.E (Hillside Protection Easement). The General Plan Land Use Element presents Planning Recommendations for general areas, including: Land Use Principles, Land Use Definitions, Residential Land Use Guidelines, and Additional Land Use Guidelines. Staff has identified several recommendations and guidelines within these general areas which should be reviewed in order to determine the proposed development's conformance with the General Plan. They are as follows: Land Use Element tilre Land Use Principles Section 4.4.A.1. Preserve the unique natural and scenic resources of Fountain Hills, while accommodating new residential and non-residential growth in an orderly and environmentally sound manner. (Page 4-20) Section 4.4.A.2. Protect and preserve existing neighborhoods from incompatible adjacent uses, inappropriate infill and the potential adverse effects of major capitol improvements. (Page 4-20) Land Use Definitions Lodging The Lodging category includes areas where tourist-oriented lodging and recreational facilities, including resorts, hotels and motels, along with supportive retail and service uses should be developed in Fountain Hills. Single-Family/Low Density Residential (1-2 DU/AC) The Single-Family/Low Density Residential category denotes areas where single-family neighborhood residential development is desirable and all urban services are available or can be provided. Planning&Zoning Commission Report Z99-13 June 17, 1999 Page 3 Open Space This category includes the majority of all drainage corridor/wash areas within the Town of Fountain Hills. It is the intent of the Fountain Hills General Plan that these drainage corridor/wash areas will remain as permanent open space with joint cooperation between the Town, the property owners, various community groups and individual volunteers to preserve and maintain these areas. Locations identified on the Land Use Plan are general in nature and do not imply strict delineation's of preserved or protected open space. Residential Land Use Guidelines Lodging Proposed sites should be planned with property buffers provided to adjacent uses and should meet the following criteria: - Provide direct or proximate access to arterial roadway corridors. - Preferably located on land presently zoned commercial or multi-family residential. - Develop in a highly sensitive manner relative to existing land forms, wash areas, vegetation and other environmental constraints. Single-Family/Low Density Residential (1.0-2.0 DU/AC) Within any particular development, net densities greater than 2.0 DU/AC could be permitted in concentrated areas to direct development away from more environmentally sensitive portions of a total site, but only if areas of lower densities offset the increase such that a gross density of no more than 2.0 DU/AC is maintained. Additional Land Use Guidelines Section 4.4.F.1.. Environmentally Sensitive Development Guidelines In order to respect the environmentally-sensitive nature of all lands within the Town of Fountain Hills as the Land Use Plan is implemented, careful consideration should be given to policies that will require generally a more sensitive treatment of the built environment for all land use zoning classifications. The policies could take the form of a new ordinance or revisions to existing ordinances in order to be properly and effectively implemented. General areas of environmental sensitivity have been illustrated on the land use map and should be further studied as it relates to the following issues. The general issues that should be addressed include: Planning&Zoning Commission Report Lir Z99-13 June 17, 1999 Page 4 - Larger lot requirements on high slopes and highly sensitive lands. - Requirements for a percentage of natural areas to be left undeveloped based on the sensitivity of the land. Residential color and materials which are compatible with the surrounding environment. - Lighting restrictions. - More restrictive grading and drainage requirements. - Refined building height calculations. - Further protection of natural vegetation. - More sensitive standards for roadways. Protection of specific areas or natural landmarks. - Preservation of known wildlife habitats/corridors. - Preservation of washes and standards for wash crossings. - Standards for lot coverage and floor area ratio. (Page 4-30) After staffs review of the proposed rezone from "R 1-43" to "L-3 and OSR", and the Principles and Guidelines contained in the General Plan, staff believes that the proposed rezone is in conformance with the Town of Fountain Hills General Plan. Rezoning: The subject property is currently zoned "R1-43", which permits 1 dwelling unit per lot with minimum lot sizes of 43,000 square feet. The applicant is proposing that the area be rezoned to the "L-3" Zoning District, which permits tourist oriented lodging and accessory uses. The "R1-43" Zoning District requires a 40 foot front yard, a 30 foot side yard, a 40 foot street side yard and a 40 foot rear yard setback. The "L-3" Zoning District a 40 foot front yard, a 30 foot side yard, a 40 foot street side yard and a 60 foot rear yard setback. "R1-43" has a maximum of 15% lot coverage, whereas the"L-3" has a 25% lot coverage Evaluation: Staff supports the applicant's request to rezone this property from "R1-43" to "L-3 & OSR" Zoning Districts based on a comparison between the existing and proposed zoning districts. The proposed rezone eliminates the potential for single family homes in this area and allows for the planned placement of a lodging facility. Staff has attached to this report a copy of the proposed "L-3" rezoning with the current General Plan Lodging designation. Although the proposed rezoning area is larger than that indicated on the General Plan Land Use Map, the size has been a general area located on the knoll along Palisades Blvd. Staff feels that the rezoning request is in compliance with the adopted General Plan Planning &Zoning Commission Report Z99-13 June 17, 1999 Page 5 Planning and Zoning Commission: The Commission reviewed this application at their June 10, 1999 meeting. A majority of the Commission felt that this was an ideal location for a destination type resort facility. The Commissioners that did not support the request felt that when the General Plan was being updated that this site was more appropriate for a smaller less intense facility. The public that spoke was in favor of the request. Recommendation After reviewing the Planning Recommendations for general areas, including: Land Use Principles, Land Use Definitions, Residential Land Use Guidelines, and Additional Land Use Guidelines, the Planning and Zoning Commission recommends, on a four to two vote approval of this rezoning request. L L `OJ�U1h a i, i ,. TOWN OF FOUNTAIN HILLS V. . ,,s`4' COMMUNITY DEVELOPMENT DEPARTMENT Date Filed I Fee Paid n!4 y /51, /q qq ' //9� / 7 Accepted B Location of Subject Property /1/4/0.e7-f,E.4 ST C VV A �4[./$4L�S It S dBz.fr * Legal Description: Plat Block •5 -e , Ov/O LTA (4c4 z7 .4L77 Lot(s) Applicant/Owner Cesvr4cr• ... C y jou4/TA/N IN 7,4 P�i°iieT'S L.L•c. � ) Day Phonq�683'8Gu/� Address B37-39 /6`739 �4ST /v/C,�L4- r D///k C ,4!/L.LJ s' - I Zip 1526R Current Zoning Proposed Zoning General Plan Land Use Classification //-L713 L-3 LOLY/•v� Le, .ivU Proposed Land Uses Acres Units - Gross Density Single Family _ Multi-Family Commercial _ (w,Justrial .odging 54,4,7 -2 0 iCn/1S �,/9R'y15 Other 4�i 1. Describe the current water service serving the area. C/i 4, 4L 1.14-7- ° Coi 1 4"/y 2. Describe water service infrastructure improvements needed to serve the area. /Gbr- vrA4 L-L y 77 czwiPLeriocv ci 4 LcP ,o'i Ts,E ,,Ex/5 r-/'v a 4.f,ve Av p 4L/Sq 0�f 8c.vD. 70,c,2oss o ve Sir j 7a Ste.¢. 3. Describe current sewer system serving the area. i=ou.urxj.„v /-/441 34N.(ri4/ y O/J7//67- 4. Describe the sewer system improvements needed to serve the area. 5 c��_! CE /S LOC44 /I/ ,09.6(r JT' elvD. 4Z2. . yr 70 5/7- C1u ITN G CCFi=/C/4=3i(/T GW,'4 7a , y,Vo Lei 77., /741:97 G 0 'Lt Of ST f c-�sr r'4s . -2-3 C4-S•rzys 'VE2 7a pus.r./o1,=‘..4ermresrzrOy 4u.G�'tC4 rsrfs5. Describe the existing street system that would rovivehicular access to the area. 4/.L E'c.cS n&./ Sr-•'EET 74 S al/7 /41�RVkat 17S/ 2 ..SS AfE'q vDE, .,•uq /U--{,uq-c,re-Si 4+e. /al/ Pi-.4Ce2 6. Describe any new streets needed or anticipated in the area or as a result of the proposed rezoning. (..„,„,,, (Attach additional sheets if necessary) Page 1 of 2 TFH Case Number z 9)9—/J TOWN OF FOUNTAIN HILLS REZONING APPLICATION (Page 2 of 2) t re of 0 7)24 l/tc 05 Date S - is If application is being filed by an agent of the owner please complete the following: (Please print) ":Ylivr44v visr.4 I ria c Q h , hereby authorize ,9eaoEieni L.L.G/ IrL 42/rn/e h'L/L P4GN , as my agent to file this application. Subscribed and sworn before me this /a da of 1/kl , 19 . /.. „\ OFFICIAL SEAL WeL-Zet_ viC`t11'�✓ :"�_ _-= I�U / Cf p � ion Expires — 7- / } 1' Notary Public-State ofArbor Notary Public , •\' MARICOPA COUNTY t My oomm.axplree Sept 17,2001 (Stamp) Please provide the following (attach additional sheets): 1. Two (2) complete sets of mailing labels with names and addresses of all property owners within 300 hundred feet of the external boundaries of the subject property. If necessary, additional sets of mailing labels may be requested by the Town of Fountain Hills. 3 full size prints (preferably 24" X 36") of the site and surrounding 300 feet showing the existing zoning %rid land uses. 3. Existing site plan with topography with one to five foot contours as determined by the Town of Fountain Hills. 4. Proposed development plan showing topography, existing and prosed drainage systems, streets, preliminary lot lines, land preservation areas, open spaces, land uses, and other information as required in Section 2.01.B of the Zoning Ordinance for the Town of Fountain Hills and/or requested by the Town of Fountain Hills. 5. If a Planned Unit Development ("PUD") is being requested, provide a narrative describing which of the three minimum criteria is being met as described in Section 2.05.0 of the Zoning Ordinance for the Town of Fountain Hills. 6. 1 8.5" X 11" photostatic reduction of each of the above referenced exhibits. 7. Title report verifying the applicant as property owner. Rezoning Fee: $1000 plus $5 for every mailing label submitted PUD Fee: $1000 plus $5 for every mailing label submitted TFH Case Number 911 far* r c irbfr I N \ 4...„ fry lr4 11 ri U . b Saalfail--ii;;; ;;= T4iE .1 _ 6-_---..,-- ,... ,..dgliQ th _,,,,„ .‘,,,,,,,,,,,,,,',..,..,.._ rv,,,,,,.. .. tir) ' _. t , it., o' xI 3 i 11 the P :g CP` gi A\ WS [iii Mil" II PT 1111;111111 hIliii 11111IIII 1 l I 2 /II iiii .11 1 II If(Jaw111 IP?! 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I • I `� �'<:.� Aktfilli r 19 gl ' tvgio 1, pi". •i' j -0 o l_ rr L. 8 3 Ii V 9 =V„1)/i 1(91w10(1 •i* 4iWll, .§+,. *t 4 4.oII a..1.i.4p 1s 4 1 ♦: 5 14ar 44 i 4si 12 1� sfi 100 IRimatt402011 21 87 101 I231WATER i I zz TANK 86 y. t 85 Y? * 'It ,,,,I, PARCEL'A' IN4ING MAP € ♦ ® ►�. ' ` 32 "' ♦ I a� ��..� 75 33 80 / p 44© .® 34 69 4 35 69 Q' A 4® 41 40 39 38 31 36 . , 3 �I OPOSED REZONE op TO 71 , ^ PARCEL..C.tr17- �L1 , ' I-LODGI, - - - - - - - - - - u IN P •OPOSED FUTURE 1 USE PLAN MAP lif SHE A BIND 1 IPI PROPOSED REZONE TO OSR la MI= I I 1 { Chron 165 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Jeff Valder o) FROM: Randy L. Harrel Of' DATE: June 17, 1999 RE: Fountain Hills Resort We will be recommending the following major perimeter improvements for the above project at the plat review stage: • Right-turn deceleration pocket; left-turn median deceleration pocket, and a left-turn median acceleration lane on Palisades Blvd at the project driveway. kew • 6' wide meandering sidewalk along Palisades Blvd from Westridge Village to Shea Blvd. • 12' wide third lane, 4' wide bicycle lane, and curb on westbound Shea Blvd along the project right-of-way frontage. If the applicant is agreeable to these, we will enter them as plat technical review comments next week. If not, these items probably should be addressed as rezoning stipulations. CC: Jim Leubner Art Candelaria Paul Nordin Bill Farrell L Fountain Hills Resort Page 1 of 1 MEMORANDUM L. TO: Honorable Mayor and Town Council FROM: Art Candel.ria, Engineer/Plan Reviewer C% REVIEWED: Randy . Har\tl, Town Engineer THROUGH: Paul L. .r•J•, •wn Manager DATE: June 1, 1.'99 RE: Notification of Easement Grant EAA99-03 13630 Sunset Drive (Lot 17, Parcel 0, SunRidge Canyon) The Property owner, AZCO Investment, has granted a 10' wide easement for drainage along the northeast side of this lot, as shown in the attached legal description and map. This drainage easement is to replace an existing 10' wide drainage easement along the southwesterly property line of lot 17 concurrently on the Council agenda to be abandoned (EA99-10). In accordance with our previous practice, no Council action is required for acquisition of abandonment easement. This memo is merely to advise the Council that the easement has been acquired. cc: AZCO Investment- Steve Coover SunRidge Canyon - Josh Crothers Ciao G:\Easement Memo\EAA99-03 Easement Acquistion AZCO Inv.SRC Estates,Lot I7doc When Recorded Return To: Town Engineer Town of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 GRANT OF EASEMENT AZCO Investments grantor, for good and valuable consideration, hereby grants to the Town of Fountain Hills, Arizona, grantee, a municipal corporation, its successors and assigns, a perpetual easement for the following purposes, namely: SunRidge Canyon Estates, Lot 17 A Drainage Easement on, over, under and across the ground embraced within the aforementioned plat as described in Exhibit "A" and as depicted in Exhibit "B", situated in the Town of Fountain Hills, State of Arizona. Grantor covenants that grantor is lawfully seized and possessed of this aforementioned tract or parcel of land; that grantor has good and lawful right to sell and convey it; and that grantor will warrant the title and quiet possession thereto against the claim of any person whatsoever. Dated this day of_uA)6, 1999. By: By: STATE OF ARIZONA ) ) ss. County of Maricopa ) SUBSCRIBED AND SWORN TO BE before me this 8 day of t , ,y 1999, by .5 e u av! 6, e'oe Ve- . 4,-,-,. /5„........,, Notry Public (iii ,,, My Commission� Expires: ,1 U IS a O o/ t r";; OFFICIAL 92AL !''"I'll'-'' BETTY BRANNON � 'ti:% _. Notary Public-Stag of Arizona ;`,w MARICOPA COUNTY mac,!s My oomm.axphaa May 16,2001 4. EXHIBIT A L DRAINAGE EASEMENT FOR LOT 17, SUNRIDGE CANYON ESTATES A DRAINAGE EASEMENT BEING THE NORTHEAS I ERLY 10.00 P"EET OF LOT 17, SUNRIDGE CANYON ESTATES AS RECORDED ON NOVEMBER 8, 1995 IN BOOK 406, PAGE 28, RECORDERS NUMBER 95-0689014 IN THE RECORDS OF MARICOPA COUNTY, ARIZONA, AND SITUATED IN SECTIONS 9 AND 16, TOWNSHIP 3 NORTH, RANGE 6 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA. LEGAL NUMBER 1105 APRIL 8, 1999 GWN PAGE 1 OF 2 L L i 1 17 I 18 16 10' D.E. -1 I I I -., SUNSET DR VE I L 48 47 46 SCALE:1":50' EXHIBITB / f4 - rib VIy 4> .) x� NELSON �, LEGAL NUMBER 1105 AI GEOhG£ W. APRIL, 8, 1999 L 4,>. GWN �"i�a%�'� PAGE 2 OF 2 . .. Her name was " SISSY" s killed bya Coyote on May31 , 1999 She wa ENCED IN ARD! IN HER OUR F # �,•y , omit-,' ,x. :is ' ." 4j K $ n,6 I'' - i �` - -` a may"'. .. Ai,, • a. ^ 4 a i .- o M te L ,_, .m, 4_ .izt * 4, _ x E #a `': I, , z The Coyote problem in Fountain Hills is REAL! Mr. Joe Yarchin, Regional Urban Wildlife Specialist of AG&F DEPT. offered to give a Public Information presentation on the Coyote. I strongly urge the council to accept his offer. For questions or suggestions please call the numbers listed below. Joe Yarchin AG&F DEPT.(602) 981-9309 Ext 217 L Ken Crawford AG&F DEPT.(602) 981-9400 Ext 208 Carl Walborn 17412 Tejon Dr. (480) 816-6953 I have written the following to illustrate the Council and residents of tip, Fountain Hills the serious Coyote problem presently in our community. On October 29th my Wife and I lost a very dear friend. Her name was KIA. KIA was not only a beautiful show Dacshund, but a wonderful companion. I was devastated as the man described KIA's fate. "I never seen anything like it" he said. He continued by describing her lifeless body hanging by her head in a coyote's mouth as she was drug off into the desert to be eaten. There are no words to describe the sadness I experienced having to return home and tell my wife the sad news. On May 31st we were heart broken by the loss of a second dog. Sissy was another dear friend to fall to a coyote. I don't know which incident is the hardest to endure . Having someone tell you of your dog's fate or walking out into your backyard early one morning and witnessing first hand the torn and bloody body of what was once loyal and beautiful friend. And for the second time in 8 months I carried the bad news to my wife. The coyote problem in Fountain Hills and the Valley is real and will only get worse if we continue to ignore it. The Fountain Hills Marshal's response to the problem is, "If you see a coyote go the other way. There's nothing we can do about it." When I called the Arizona Game and Fish Department, the first time I got more of the same attitude, "We get about 5 to 10 calls a day, and there's nothing we can do." I would like to read, in part, an article from the October 1998 issue of Outdoor Life magazine. "He was trying to eat her. He was trying to kill her." Dana Galvin told the Los Angeles Daily News after a coyote attacked her 15-month-old daughter in 1995. In 1981, a coyote killed a three-year-old girl near Glendale, Calif. Further into the article it continues with "New data tracking the alarming increase of coyote attacks from California to Massachusetts, including eye- opening reports of Coyotes dragging Children from urban backyards." I strongly urge you to take action to curb this problem before it becomes worse. If nothing else, at least pass some sort of regulation banning people from feeding these wild animals. Thank you for you time. L