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1999.0916.TCREMP.Packet
41ArCAIN�l 44,0 .0 ; NOTICE OF REGULAR AND EXECUTIVE SESSION o _ OF THE tsT tbat4� FOUNTAIN HILLS TOWN COUNCIL is Mayor Morgan Councilman Apps Councilwoman Wiggishoff Councilman Wyman Councilman Poma Vice Mayor Mower Councilwoman Hutcheson WHEN: THURSDAY, SEPTEMBER 16, 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 is the Council's desire to hear public comment on agenda items. As it is important to maintain order during the meeting,please itiodhere 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 - Craig Popowicz,Kurt Wagner, Colton Washburn,Danny Thweatt,Michael Steele,Nick Christie and David Dunlap from Cub Scout troop 243-Den 2 • INVOCATION—Pastor Daniel from First Baptist Church • ROLL CALL Consent Agenda: All items listed with an asterisk (*) are considered to be routine, non-controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an L. item on the consent agenda, they may request so prior to the motion to accept the consent agenda. The item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. Town Council Meeting Agenda Regular Session September 16, 1999 *1.) Consideration of APPROVING THE MEETING MINUTES of September 16, 1999. *2.) Consideration of RESOLUTION 1999-46 abandoning whatever right,title, or interest the Town has in certain public utility and drainage easement located along the northwesterly property line of Plat 401-B, Block 2, Lot 6(10443 E. Nicklaus Drive) as recorded in Book 155 of Maps, Page 12 records of Maricopa County, Arizona. (Marlene M. Miller-Shaw) *3.) Consideration of RESOLUTION 1999-47 abandoning whatever right,title, or interest the Town has in certain public utility and drainage easement located along the northwesterly property line of Plat 401-B, Block 2, Lot 5 (10449 E. Nicklaus Drive) as recorded in Book 155 of Maps, Page 12 records of Maricopa county, Arizona. (Michael Stevens) *4.) Consideration of the PRELIMINARY AND FINAL PLAT for the 3-unit Parkview Plaza Condominiums (office condominiums)located at 16832 Parkview Avenue,Case Number S99-026. *5.) Consideration of the EXTENSION OF PREMISE/PATIO PERMIT APPLICATION for the Alamo Saloon. 6.) RECOGNITION for Golden Eagle Park's achievement of the Arizona Parks and Recreation Association's Facility of the Year Award for 1999. 7.) Consideration of AWARDING THE BID for a tennant model 6500 mid-sized sweeper in the amount of $20,967.07 to the Tennant Company. 8.) PUBLIC HEARING on a SPECIAL USE PERMIT APPLICATION for a stealth wireless communications facility located at 16239 E. Ironwood Drive (First Assembly of God Church), Case Number SU99-03. 9.) Consideration of the SPECIAL USE PERMIT APPLICATION for a stealth wireless communications facility located at 16239 E. Ironwood Drive (First Assembly of God Church), Case Number SU99-03. 10.) PUBLIC HEARING on a GENERAL PLAN AMENDMENT for the northwest corner of Palisades Boulevard and LaMontana Drive to change the General Plan Land Use designation from MF/M(Multi-Family Medium)to C/R(General Commercial Retail), Case Number GPA99-02. 11.) Consideration of a GENERAL PLAN AMENDMENT for the northwest corner of Palisades Boulevard and LaMontana Drive to change the General Plan Land Use designation from MF/M (Multi-Family Medium) to C/R(General Commercial Retail), Case Number GPA99-02. 12.) PUBLIC HEARING on an AMENDMENT TO THE SPECIAL USE PERMIT for Copperwynd that would allow early occupancy of the Inn prior to completion of the meeting facility, Case Number SU99-06. 13.) Consideration of an AMENDMENT TO THE SPECIAL USE PERMIT for Copperwynd that would allow early occupancy of the Inn prior to completion of the meeting facility, Case Number SU99-06. 14.) PUBLIC HEARING on ORDINANCE 99-26, amending the existing "R-5 PUD" zoning district, which would allow the Villas at Copperwynd condominium project to be a gated community, Case Number Z99-19. 15.) Consideration of ORDINANCE 99-26,amending the existing "R-5 PUD" zoning district, which would allow the Villas at Copperwynd condominium project to be a gated community, Case Number Z99-19. 4100, 16.) CALL TO THE PUBLIC Town of Fountain Hills Page 2 of 3 Last printed 09/16/99 10:22 AM Town Council Meeting Agenda Regular Session September 16, 1999 Public comment is encouraged but please be advised that the Council has no ability to respond or discuss matters ‘01„ brought up during the Call to the Public as such discussion is prohibited by the Arizona Open Meeting Law. 17.) Pursuant to A.R.S. §38-431.03.A.3., A.R.S. §38-431.03.A.4., and A.R.S. §38-431.03.A.7., VOTE TO GO INTO EXECUTIVE SESSION for discussion or consultation for legal advice with the attorney of the public body; AND discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position in pending or contemplated litigation; AND discussions or consultations with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiation for the purchase of lease of real property;respectively. 18.) RETURN TO REGULAR SESSION. 19.) ADJOURNMENT. DATED this 14th day of September, 1999. By: )1APV1A...,—) 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 Loy Town of Fountain Hills Page 3 of 3 Last printed 09/16/99 10:22 AM MEMORANDUM TO: THE HONORABLE MAYOR AND TOWN COUNCIL FROM: PAUL L. NORDIN, TOWN MANAGER DATE: SEPTEMBER 10, 1999 RE: MANAGER'S REPORT FOR THE SEPTEMBER 16th COUNCIL MEETING Reminder: There are four public hearings on this agenda. An Executive Session with our legal counsel will follow this council meeting. CONSENT AGENDA: There are five items on the consent agenda. Please review each item and contact me should you determine any should be removed. AGENDA ITEM # 6 — CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY ENRICO CUOMO FOR MAMA'S PIZZA CUCINA. This agenda item came before you at the last Council meeting and at the Council's request had been continued until the September 16th meeting. Please find attached Cassie's memo and a copy of Steve's memo that had been provided to you for the September 2nd meeting regarding this application. AGENDA ITEM#7 - RECOGNITION OF GOLDEN EAGLE PARK AWARD: Golden Eagle Park received the 1999 Outstanding Facility Award from the Arizona Parks and Recreation Association on Thursday. Each facility was judged in relationship to its innovative features, environmental sensitivity, unique project financing, and functional/aesthetic layout. Our Town is extremely proud of this achievement. Please refer to Robin's memo. AGENDA ITEM#8 -BID AWARD FOR SWEEPER: Three quotations for a mid-sized pavement sweeper were submitted to the Town. The lowest bid received was from the Tennant Company in the amount of $20,967.07. Council will consider awarding the contract to the Tennant Company. See Robin's memo. AGENDA ITEMS #9 & # 10 - PUBLIC HEARING/SPECIAL USE PERMIT/ STEALTH WIRELESS TOWER: Town Manager's Report September 16, 1999 Council Meeting Page 1 of 2 This agenda item was continued from the September 2nd council meeting to allow the applicant to talk to the neighborhood residents and gather additional information. At this time, staff has not received any additional comments from the neighbors or the applicant. Refer to Geir's enclosed memo. AGENDA ITEMS# 11 & # 12 - PUBLIC HEARING/GENERAL PLAN AMENDMENT/LAND USE DESIGNATION: This agenda item includes a public hearing regarding changing the General Plan Land Use designation from multi-family to general commercial/retail at the northwest corner of Palisades Blvd. and La Montana Drive. The Planning and Zoning Commission and Town staff have requested continuance of this item until the October 14`h P &Z meeting. This item will then appear on the October 21st council meeting agenda. Refer to Geir's enclosed report. AGENDA ITEMS# 13 & #14 - PUBLIC HEARING/AMENDMENT TO SPECIAL USE PERMIT/EARLY OCCUPANCY AT COPPERWYND: Another public hearing is scheduled to gather comments regarding an amendment to a special use permit for Copperwynd to allow early occupancy of the Inn prior to completion of the meeting facility. The Planning and Zoning Commission unanimously recommended approval of this item. Geir's memo is attached. AGENDA ITEMS# 15 & # 16 - PUBLIC HEARING/ORDINANCE#99-26/ AMENDMENT TO ZONING DISTRICT: The last public hearing concerns the gating of the Villas at Copperwynd. This item corrects an omission in the original ordinance (#96-40) to allow the Villas to be gated. Approval was unanimously recommended by the Planning and Zoning Commission. Staff also recommends approval. Refer to Geir's memo. AGENDA ITEM# 18 -EXECUTIVE SESSION: Another executive session with Bill Farrell will follow the regularly scheduled council meeting. L Manager's Report September 16, 1999 Council Meeting Page 2 of 2 co,„ Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL tis From: CASSIE HANSEN, TOWN CLER Date: 09/15/99 Re: REVISED AGENDA There is only one small change to the agenda. Item #6, Mama's Pizza Cucina liquor license, has been removed from the agenda. Jeff's additional investigation into the site issues revealed that the design layout on the liquor license would be inconsistent with the revised floor plan that would deal with the accessibility issues. The applicant has been notified and relayed to staff that his revised plans would not be available from his architect for another two weeks. The item will be put on hold until the paperwork is revised and completed. L L Page 1 of 1 Staff Report for 9/16/99 Meeting Last printed 09/15/99 1:06 PM Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, TOWN CLERK Date: 09/10/99 Re: AGENDA ITEM #6— MAMA'S PIZZA CUCINA LIQUOR LICENSE AGENDA ITEM #6— MAMA'S PIZZA CUCINA LIQUOR LICENSE This item was continued from the last Council meeting to address a Council member's concerns regarding the location of the restrooms and the un patio seating shown on the site plan. Com ity Development Director Jeff Valder did a site survey of the premise to examine the locat on of the outside seating in conjunction with the property line. He will write a memo to the Council on Monday explaining the issues that are involved with the remodeling project. He also plans to talk to the applicant regarding the ramifications of adding outside seating to the establishment including ADA and accessibility issues. The Council's action will not approve or disapprove the license application. The Council's responsibilityis to 'forward a recommendation to the Arizona State Liquor Board based on commuC reference issues such as proliferation of licenses, location, etc. Based on those parameters,,staff is recommending that the Council approve the license request for interior use Documentation explaining the site plan concerns will be included with the Town's submittal to the State. Based on the Town's recommendation, the State may issue the license for the interior area only, excluding the patio. If the applicant deals with the accessibility issues caused by the outside seating during the building permit process and complies with the ADA, he can:apply for a permanent extension of premise in the future. This item appears on the regular agenda to allow for further explanation on the site issues from Jeff. Lpr Page 1 of 1 Staff Report for 9/16/99 Meeting Last printed 09/10/99 5:04 PM Chron 228 Le MEMORANDUM TO: Honorable Mayor and Town Councilr, 0141 ii FROM: Art Candelaria, Engineer/Plan iewe / REVIEWED: Randy L. Harrel, Town Engine rillnii THROUGH: Paul L. Nordin, Town Manager ` O�,��j�( 'el DATE: September 10, 1999 RE: Easement Abandonment 99-20; Resolution 1999-46 Plat 401-B, Block 2, Lot 6 10443 E. Nicklaus Drive This item on the Town Council's agenda is a proposal to abandon the twenty(20)foot public utility and drainage easements located at the northwesterly property line of Lot 6, Block 2, Plat 401-B, (10443 E. Nicklaus Drive). The property owner of Lot 6 desires the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. Staff has received no comments to date from the adjacent property owners. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner of Lot 6 is required to pass the developed flows generated by the upstream lots across the 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 1999-46. cc: Mike Stevens Samuel Orlando L G:\Easement Memo\EA99-20,(10443 E.Nicklaus)Marlene Miller-Shaw.doc €�.a •r'- '" tT „ ".:*.or' .�. ».. 5,.+.rwt£. --,-`. ,..-..- --.n-4—'e - _ r,!"r ", Wit. ' '• , - • SHEET 2 OF 4 SHEETS .: H IL L-- S - - ARIZONA _ . _ __. _ .. ,,, R.LAT NO. 401- B max im= °�-- L .gat , 1� ,: of a port of Sections 22,23,26 f!27, T.3N.,R GE. •r G.a S.R.B.S M. in Maricopa County, Arizona. _. Sad t r. 100. I . JNTAIN HILLS, ARIZONA ,rosoi✓o aro . \r at• - •4o1/1r.41_4-,4tI1 i. ri ll4 '0ovp 0Av4 le tOy,,0 C r,v iI r r M • s- O �' f sc,Ic� r• I �' ���• -` Hors .r z`4`is �t* ,. �' ' - % -14 4 i ,,,,i A 00 ...?,... sMe'cs` .e �� \��!"'�"�� k - L, „to • . , /44 -.•1- ' . _ . v. • 0, ,i „0(0„ co• De �5�f¢' O • 0 ., Ir•0 07 ����/�1. �:AP rp _• f. •�l �;_�. r Try A �Q -fir L1 Z Y� r -fir- . '. _ * +.oitte. •_ 1r p/ o! 1:0- ' 0,004.0/ v�,p+�` !• . nisi. - d • A r t ate.Jer or \ Q L. - • Arm. JC' .III 1D11 Av xtl \0- n tiif aalltt �y/� - An s,... ,eY'JD'.Ar' N' Nu' !t p' O `lam I ..1O� �� "nor Ar• eM' gyros' iv O. 04! , o s \•' Wife . 5: x-,a- T. .e.49'ir• Ii' Oa• ON. \ 4• G Ar'1el't'J' a OW' ACd' \ doleAr�t' �3' f.M ARM' S S6. Fr $1I D serNr'ar IVK' !mead' wow.' WV:far' Jar !AO' Avite JUL 26H11 arsf as' oar' f/A'' wsr '4.\ a .i •a' ner' Nail" oAaris' \ ' s d5'eV' /PS' slay' Airier' IlAt' '*Y' tar Aral' oral' \� \ "VW Air Aer f/it Meer Stedrier Alf WO' 41,01. \ \ AN,S'eM' ter sdN' . If• rfrs ..\\ Afid'If ,l7$' 6/IO' Atli"' l/ifr'ol' ,7s' gyp' AVM' Sr/Xiie etf. a1 es' Is/rM' \%a !zr m- 'Ps' flu' da or Arferr .sA#7 20F4 When recorded, return to: lgineering Department Not wn of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 1999-46 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTHWESTERLY LOT LINE OF LOT 6, BLOCK 2, OF PLAT 401-B, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 155 OF MAPS, PAGE 12, 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 HEREAS, 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 twenty(20)foot public utility and drainage easements, located along the northwesterly property line; of Plat 401-B, Block 2, Lot 6, Fountain Hills, Arizona; as recorded in book 155 of maps, page 12 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 owner of Lot 6 is 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. 4110, Resolution 1999-46 PASS j-AIL T Page 1 of 2 • •N SECOND a- COUNT S--0 PASSED AND ADOPTED this 16TM day of September 1999. (IIACTTEST: FOR T E OWN OF F UNTAIN HILLS CitA/JA.AQJ U(A44.1••-i Cassie B. Hansen, Town Clerk Sharon Morgan, Mayo REVI D BY: APPROVED AS TO FORM: af,c_ Paul L. N din, T wn Manager William E. Farrell, Town Attorney Resolution 1999-46 Page 2 of 2 Chron 227 MEMORANDUM TO: Honorable Mayor and Town Council FROM: Art Candelaria, Engineer/Plan -view 1 REVIEWED: Randy L. Harrel, Town Engine-r THROUGH: Paul L. Nordin, Town Manager DATE: September 10, 1999 RE: Easement Abandonment 99-16; Resolution 1999-47 Plat 401-B, Blk 2, Lot 5 10449 Nicklaus Drive This item on the Town Council's agenda is a proposal to abandon the twenty(20)foot public utility and drainage easements located at the northwesterly property line of Lot 5, Block 2, Plat 401-B, (10449 Nichalus). The property owner 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 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 owner of Lot 5 is required to pass the developed flows generated by the upstream lots across the 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 1999-47. cc: Rita Zrakla Marlene Miller-Shaw L G:\Easement Memo\EA99-16,PIat 401-B,Lot 5,Blk 2,10449 E.Nicklaus.doc AEI SHEET 2 OF 4 SHEETS' HILLS ARIZONA . SLAT NO. 401 B RE°° ` a� r. _ BOCKME MAWR of a port of Sections 22,23,26 a 27, T. 3N.,R 6E. G.6 S.R.B.6 M. in Moricopa County, Arizona. Scale i 1== 100' 1NTAIN HILLS, ARIZONA a.✓saeoid o era ' _Yy. y i fr +ir O- en' Se Ale t a c,• . f'•/ • t. •!i e � L lit sofa° u y Pr. at ,.. 9 ,. 4 :,, V �� • il: ,r.,e, y ' ii AypLL�- •. 1 iry sf �' 1df, ,re ( •' fft���". is o y ,moo `� pR m .4 00 IIP LS �, �, O . , !r d-' ���� a aukir' 9'i"6 -%' " /! ` 1 / .7.-V- . , -idis 3, 1 k'•�! • ,►i • ' 9 s-•!a✓4- a, • Aye\ '0 '.d.: . try-.o, o a /r • cavdf a9la \ �p Offb. • ss' • pdr0*l ,y .,.../oa. 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Box 17958 Fountain Hills,AZ 85269 RESOLUTION 1999-47 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT,TITLE, OR INTEREST IT HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTHWESTERLY LOT LINE OF LOT 5, BLOCK 2, OF PLAT 401-B, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 155 OF MAPS, PAGE 12, 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 HEREAS, 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 twenty (20) foot public utility and drainage easements, located along the northwesterly property line; of Plat 404-B, Block 2, Lot 5, Fountain Hills, Arizona; as recorded in book 155 of maps, page 12 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 owner of Lot 5 is 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 1999-47 o C Page 1 of 2 PASS AIL `- ` MOTION SECOND - COUNT S 0 PASSED AND ADOPTED this 16"'day of September 1999. EST: FO T E TOWN OF FO NTAIN HILLS C44. 15 )JA4A, Cassie B. Hansen, Town Clerk Sharon Morgan, Mayor REVIEWED BY: APPROVED AS TO FORM: /1/4L ///v(JA-4,W g3°:t,fr bPauI L.Nordin, Town Manager William E. Farrell, Town Attorney fir.° Resolution 1999-47 Page 2 of 2 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner DATE: August 10, 1999 SUBJECT: Preliminary& Final Plat for"Parkview Plaza Condominiums" Staff has combined the reports for the Preliminary and Final Plats, there are no off-site improvements or Improvement Plans needed for this plat. This plat is a request by Marshall Varner, that would condominiumize three-units located at 16832 Parkview Avenue, aka Lot 7, Block 5, Final Plat 208. Please refer to the attached Planning and Zoning Commission &Staff report for additional details regarding this request. TOWN OF FOUNTAIN HILLS PLANNING&ZONING COMMISSION AND STAFF REPORT September 16, 1999 CASE NO: S99-026 LOCATION: 16832 Parkview Avenue, aka Lot 7, Block 5, Final Plat 208. REQUEST: Consider the Preliminary and Final Plat for "Parkview Plaza Condominiums", a 3-unit commercial condominium project. DESCRIPTION: OWNER: Marshall Varner APPLICANT: Marshall Varner EXISTING ZONING: "C-2"with Planned Shopping Plaza Overlay EXISTING CONDITION: Under Construction LOT SIZE: 6,000 square feet SURROUNDING LAND USES AND ZONING: NORTH: Common Parking; zoned "C-2" SOUTH: Saguaro Car Wash; zoned "C-2" EAST: Undeveloped; zoned "C-2" WEST: Safeshield Autoglass; zoned "C-2" SUMMARY: This request is for approval of the Preliminary and Final Plat "Parkview Plaza Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off-site public improvements, a "fast track" process is being allowed. The owner, Marshall Varner, has chosen to convert a three-unit complex currently under construction and record a Declaration of Condominium to sell the units individually. The units will have a maximum floor area of 1,489 square feet, a minimum floor area of 1,489 square feet. Parking is provided in the common areas of Plat 208 for lots smaller than 10,000 s.f. The applicant applied for his building permit, #98-1731, on December 29, 1998 and received his permit to build on May 6, 1999. RECOMMENDATION: Planning and Zoning Commission recommend approval of S99-026; Preliminary Plat and Staff recommends approval of the Final Plat of "Parkview Plaza Condominiums". L li "-.., f"-- uw « - i I TOWN OF FOUNTAIN HILLS '4.70 ' COMMUNITY DEVELOPMENT DEPARTMENT Date Filed Fee Paid cc n Acc t iee Con minium Name( 4 pl - v�GL�-C•1-tti�� \ 1-_SNs C_<1 r Condominium Address (--\ 9=1-s-a t L'- c-� (:\•,. L Legal Description of Lot/Parcel Being Platted Plat _v Block Lot(s) Lc.3 p--1 Parcel Size Number of Units Number of Tracts s Zonings General Plan Land Use Designation D E-+a- cL \ �� ,-d0..!` C-..vv-..c.. st sZQ.:_Q. Density Requested(Dwelling Units Per Acr ) Applicant Day Phone Address City ST Zip Owner Day Phone -N,A(-L----�:-..cs�� ) ,Q Address \�`.J City ST Zip '1 .c) ��-. . \•'�CLGJ: Cam. `.-, �• \�-•`\� Z c1od‘4_ Attachments (Please list) a- C.C�t>„C.c Z 6,z�!� ,,� l -C .F-� j'-&. - 3 Signature of Owner I HERBY AUTHORIZE (Please Print) Date TO FILE THIS APPLICATION. Subscribed and sworn before me this day of , 19 My Commission Expires Notary Public (Seal) TFH Case Number Fee Schedule Attached 599 - OL/„ E12> wv. R 9$z�t A iJ1i il ::Qgg � / ....‘.3 y O]c / Its Z Q>:+. 1-0 a 6Se: A� A 5 g 0 0 / Cr'c-1Z 0 J 0 /a m%R N co . . _: ^ill �$� � Ma s' c ' r• O 4 es" J. Ce $s9 Z 1""1O }}QQr r. if 2 r. „ �� �6E3 N P.%PI, !„- ..C5 P c v 4 u o lei / 3' a o c N 88 / r .$ = z O kro F-1 07'RO y ' 7 {14 \.b_s_. M cg `1-J F 2 P°vai L �..r`O\ ' o .mil' •Q4T\l \ - Al 2 rn 69 v-2- /4;4" f )c?.1.) lilt --!"riv . P ..: , , ,..v _ ir -,, tit ' d ,r 6 7 / ,,, / rn p, ..... . '" 'bps Sf 4 / N ko I.a ,�, / N1C � .1 r K0• 1 Y - Y r iI i $r $F $ g ER$"="� oRigiri -o4nt R� I!JI I9I #� Lt,z,zz-.z'4211A ge" 8o�. UtEgig qj ug> ; v'_€! o li� g oN F o <tigz A;IA : z '''0 : £F$ il!IJJ !: 40o : � E; E `"Ao t41§A thi ;-iEA its,,P a i $o2o3, : iARD tJ% VIi: '°� :!II ,1WP � ����p�Tg 1 H I ?15 R�=; �=Eoni• 110011 ^� ,n n ; 4- 4g " g=;; p0;s 1 Ag$ CA N N P , A CN m ) q I el• FFFFFFF$F x TR € b=t€ p ` a PP ! Ib{JU 114 .n! .n 11[1 ..T. $ PARKVIEW PLAZA CONDOMINIUMS Mown ow "1O =lO=i 9e MONTGOMERY ENGINEERING&MANAGEMENT,LLC. meow...ORM Amore.*98209 16766E PARKVIEW AVE..SUITE 201 - PLAT 208, BLOCK 5, LOTS 6 Sc-7 rww•1 OF 2 o.r AS NO7fD FOUNTAIN HILLS,ARIZONA 85268 c602>837-1845 Ia,817-8668 MO OM ,,,,,moo a, 16832 PARKVIEW AVENUE FINAL PLAT Fountain Hills Memorandum TO: Cassie Hansen �. FROM: Steve Gendler, Marshal DATE: September 9, 1999 SUBJECT: Liquor License - Extension of Premises - Alamo Saloon The purpose of this memorandum is to endorse the attached request for an extension of premises permit submitted by the Craig Capirchio on behalf of the Alamo Saloon. It would be valid for one day, October 9th, and is scheduled for Council review at the September 16th meeting. Investigative Facts: The Alamo Saloon, located at 11807 Saguaro Boulevard, is owned by New Visions Incorporated. The applicant, Craig Capirchio,is listed as one of the controlling members in that corporation. Therefore, he has legal standing as applicant. The Alamo has a valid class 6 liquor license, #06070452, in place at the facility. A check with the state liquor department indicates no active investigations, violations, or complaints pending. A Class 6 license allows on premises sale of all alcoholic beverages. Under the provisions of ARS 4-207.01 as well as liquor regulation R19-1-233, an extension of premises may be allowed if three conditions are met: 1. There is a valid license at the location, and the request meets the provisions of that license; 2. There is a plan to control access; and, 3. There is a written application which includes a diagram A review of the Alamo Saloon application indicates that these conditions are all being met. Findings: Since the sale and transfer of the class 6 license to New Visions, which was approved by the Council on April 1, 1999, the state liquor investigator for Fountain Hills has conducted both overt and covert inspections to ensure that the establishment was in compliance with license provisions. Based on their report to date, there are no violations which would preclude granting of a permit extension. In addition, the establishment has a current Fountain Hills business license, #2695, valid through March of 2000. A review of this license file shows no complaints or violations. Recommendation: Based on a record of compliance with license requirements as well as the provisions of ARS 4-207.01, I recommend approval of the Alamo Saloon extension of premises request on October 9th. L t ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL � s - „ -,i, 400 W Congress#150 800 W Washington 5th Floor �i ���� , Phoenix AZ 85007 1- • :� Tucson AZ 85701 � I i (602) 542-5141 Ipk. (520) 628-6595 A APPLICATION FOR EXTENSION OF PRENIIS ' 1 't ii . I s , 0 Permanent change of area of service S tV ©C-r i3�k 9j /9 9 9 • "r ®emporary change for date(s)of: 1. Owner or Agent's Name: 61,qP;2cH10 ce,4- ,---- " c,u; Last First Middle 2. Mailing Address: / :)cf51y f• 4VEs4161 L, OA- r!/'. /7.JS *24/ fr=N /4 2- (.Z4 d' City .1 State i Zip 3. Business Name: /Ni& 0-flat/S, (r[-* , n' 77e ,+t4-4y ,.(/{tLaaJ LICENSE#• 000O70I/5,a. 4. Business Address: //f0'7 A)• .ram 1 f/f>2 ,d C-V1., 'M A-NJ /� -/1 A-a es 2_6,t City COUNTY State Zip 5. Business Phone:( 7 ) �.3 7--33 GO Residence Phone:( 4 t O ) 6e.3 7-Z$17? 6. Are you familiar with Arizona Liquor Laws and Regulations? l!T YES 0 NO 7. What security precautions will be taken to prevent liquor violations in the extended area? 4/2 4..4 T,£4 O1 5 #0 0 ALC.-wisS 0 riidtt, T--/A-A) Tf-//LbvtGff Ent('c...)yg£. eitx,7�2cac4 eit7.1'y/F-x rr 8. Does this extension bring your premises within 300 feet of a church or school? 0 YES tld'NO 9. IMPORTANT: ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING YOUR LICENSED PREMISES AND WHAT YOU PROPOSE TO ADD. ****After completing sections 1-9 bring this application to your local Board of Supervisors, City Council or Designate for their recommendation. . c ange in premi i RECOMIVIEENDED b e local Board of Supervisors,City Council or Designate: rn i7r Tow NunLti (Autho rgnat ) `J (Title) (Agency) I, a eefk-i 4 Ng. (►4P/it Cif/0 ,being first duly sworn upon oath,hereby depose,swear and declare,under (Print full name) penalty of perjury,that I am the APPLICANT making foregoing application and that the application has been read and that the contents thereof and all statements contained therein are true,correct and complete. X J„� 1 /ur, OF SEAL S-JB��g� MY PRESENCE AND SWORN TO before me (Si ature of Owner.'`,.,., age.. KIMBERLY HILGENDORF N�� NWary Pudk-Sh2 of Anrnna 1,s,� X(� _% MARut*-SCOUNTY Ills C/ day of f/ _,199 °i jt` My comet.ezpins Juy 18.2000 /My commission expires on: / ? 1 1 Lv(V rih') tgnature of N ,� Y PUP C) vestigation Recommendation: Date: / / Licensing Approval: Date: / / *Disabled individuals requiring special accommodation,please call the Department. LIC105 • r7) • L•D MO . 0 ' C m • M • ) • I • . 00 / . . --1 . .5.-- Og---+- 0 g -=0-<-- 0 g >f : D' _4• . 4 . P. O. 9 0 S K y- // , z - /i . a D co • 6-) \o\ ' ...ouy -a,138 ; . D'X i -n = 0 , .. . os:› 1 . , . . C O L . • . . z -N:1DNN1,z --- _ • .V , � • r- C.—...r.`...... geglw.w„r_a...,. 0gi. _.... .. � D • DO 0 - !' x c, cam. N � � ,l a 0 < ` r • a• � t, „ 1 ri- y 1 N Memorandum TO: Mayor Morgan and Town Council THROUGH: Paul L. Nordin, Town Manager FROM: Robin Goodman, Director Parks and Recreation DATE: September 10, 1999 RE: Recognition for Golden Eagle Park's Award for 1999 APRA Outstanding Facility of the Year Golden Eagle Park was named the Arizona Parks and Recreation Association's 1999 Outstanding Facility of the Year! On September 9th, the Town of Fountain Hills was honored by the Arizona Parks and Recreation Association for the Outstanding Facility of the Year Award. Accepting the award on behalf of the Town was Councilman Wiggishoff, Vice-Chairman Michael Fleck, and Golden Eagle Park Manager Don Clark. Golden Eagle Park was selected by a panel of park professionals from around the state. The award in both a Lignificant achievement and an honor. Kudos go to the many elected and appointed officials who have supported Parks and Recreation services since incorporation. Attached is the award letter and nomination packet. L APRA 1999 Annual Awards Program for Excellence in Parks, Recreation, Cultural, and Community Services ,,, Official Nomination Form (Due June 15, 1999) Name of Nominee: Town of Fountain Hills Title: Robin Goodman, Director Phone: (480) 816-5118 Fax: (480) 837-6362 E-mail: rgoodman@ci.fountain-hills.az.us Agency: Town of Fountain Hills Parks and Recreation Department Address: P.O. Box 17958 City: Fountain Hills State &Zip: AZ, 85269 Age: N/A APRA Member: Yes X No If yes, how many years? 14 NRPA Member: Yes X No If yes, how many years? 8 Number of years in parks &recreation field: 20 Level of Education: Masters Population Agency Serves: 18.000 Nominated by (contact person): Parks and Recreation Team Title: Fountain Hills Parks and Recreation Department Phone: (480)816-5124 Fax: (480)837-6362 E-mail: parksrec@ci.fountain-hills.az.us Agency: Town of Fountain Hills Parks and Recreation Department .ddress: P.O. Box 17958 City: Fountain Hills State & Zip: AZ, 85269 GOLDEN EAGLE PARK-1999 Outstanding Facility Award Park Features and Details {. of � ..„.. ..... ,ae...s �......•• Dedication Plaque with Kiosks Donated by Batting Cage for HS Varsity AZ Heritage Grant Logo Eagle Scouts Baseball and Softball 2,500 sf Control Building Four Tennis Courts with Playground Sign Recognizing with Small Meeting Rm Shade Ramadas 100 Park Donors Page 2 of 5 1999 APRA AWARDS I. Category: Outstanding Facility Award II. Population: 18,000 III. Award Sponsor: e group, Landscape Architecture/Environmental Design, Inc. IV. Nominee: Golden Eagle Park Town of Fountain Hills Parks and Recreation Department Robin Goodman, Director V. Considerations and Required Information A. Introducing Fountain Hills Fountain Hills is one of the fastest growing communities in Arizona. Fountain Hills is located in the scenic northwest end of the Phoenix metropolitan area in Maricopa County. Organized as a master planned community in the early 1970s, a 30-acre lake and 560' tall fountain where created by the developer to draw interested property buyers to the area. The community was called Fountain Hills because the fountain can been seen from the various hills throughout the community. Fountain Hills was incorporated in 1989 with 10,000 residents. In 1990 a 9-member Parks and Recreation Commission was appointed and in 1991 a Director of Parks and Recreation was hired to create a park system and develop recreation services. B. The Project Much like the little engine that could, residents of the Town of Fountain Hills proved that they could build a community park complex—one step at a time. I took 7-years and thousands of volunteer hours, but this past December, Golden Eagle Park was completed. Golden Eagle Park is a 25-acre multi-purpose facility, which sits adjacent to the 53-acre High School/Middle School campus. The park consists of 3 softball fields, 1 baseball field, 1 overlay soccer field, 4 tennis courts, 2 volleyball courts, 2 basketball courts, 9,100 s.f. in playground amenities, 3 picnic Ramadas (one of which seats 100 people), 256 parking spaces, a .5 mile trail, a batting cage, horseshoe pit, and a 2,500 s.f. restroom/control building. The building includes a concession, a multi-purpose room, park storage, and office space for Park Operation Staff. C. Criteria 1. How well the facility meets a demonstrated need of the service area. This 25-acre park is unique in the fact that it offers so many separate facilities and that it sits adjacent to the 50-acre High School/Middle School campus. 2. How the facility works from a functional as well as an aesthetic standpoint (layout of the project). Golden Eagle Park is extremely functional and well used. During the planning phase a great deal of effort was put into researching other parks, facilities, materials, and site amenities. Scale and recreation Page 3 of 5 experience were important factors in determining many of the smaller details throughout the park. For example, the choice of Plexiglas backboard, which resembles indoor glass backboards at the basketball courts or the shaded waiting area at the tennis courts add dimension to the user experience. 3. Innovative features, energy conservation, and environmental sensitivity. All the turf and landscaping materials are irrigated with effluent water. In part, because of the use of effluent Town annually overseeds all turf areas in the park. This means the park is able to look green and beautiful year-around. Additionally, all of the trees that were selected for Golden Eagle Park were desert natives or native to Arizona. Arizona Cottonwoods can be found in the park growing along one of the three washes which runs through the park. The preserve of these washes was an interesting design constraint, however, these washes have added interest, increased water for adjacent vegetation, and a corridor for wildlife. Javelina, deer, Bobcat, Coyote, and Great-Horned Owl are some of the larger animal species, which also use the park. 4. Unique methods of financing the project. A combination of donations, grants, partnerships, and general funds were used to finance the acquisition, master planning, and construction of Golden Eagle Park. The following is a breakdown of the unique method of financing for this project. Community Donations: $525,000 • MCO Properties, Inc. (1992) • Playground Fund Raising Campaign (1993) Grants: $1,420,000 • Arizona Heritage Grant (1992, 93, 94, &96) • Arizona State Land Department (1993, 94) Partnerships: $150,000 • Fountain Hills Unified School District #98 (1998): • Salt River Project (1993) Fountain Hills General Fund (1992-1998) $1.350.000 Total Project Financing: $3.445.000 5. Impact of facility has on the overall leisure opportunities of the service area. For the first time, the Fountain Hills Little League, Fountain Soccer Club, Senior Softball, Varsity Baseball, Varsity Softball, and Varsity Tennis have high quality fields and courts to play on. Previously, they played on poor quality, make shift fields or they had to travel many miles to other communities in order to play. Residents now have a place to recreate, enjoy a natural walk, or hold a family picnic. Prior to Golden Eagle Park, these amenities did not exist in Fountain Hills. Golden Eagle Park is a frequently complimented by both residents and non-residents. Visiting teams are often envious of the facilities and the attention Park Operation Page 4 of 5 Staff give to routine maintenance. Park restrooms are often said to be "cleaner than indoor facilities", "cleaner than my home", "the cleanest park restrooms I've ever seen". These comments are due in part to good design. 6. Supportive Information. Enclosed are two pages of supplemental materials. L L Page 5 of 5 Ig o� tir, I . .., UW 6 r b ❑ FL F LVy -• ��� yi [T cze 0 p �.. �, �,� �,. .o . ,, . _ ❑ . ' iI � � g ti: i /14/Ar°-',4.V'." ,,,,,,,.-.-- -,-•''... 1,1•1„.1,,,. i ;,: ..:_, .:".. s.‘ g, a , �` it p"i ,, .,. . _. -i �f ¢® z 151y � _�� ` a ;2;B 5r i �st � ,w �� Eb� ot .E '"---174-- , .01.4 ':.3 4) 05_. ,..;.: , ,. .,...CV 'r 0 r.:'.',I r . ''',"' ° � `is } / hJ� w Ei O \itti..44. N ', fsM Off' -ono k ►t: „h- 4 U Q��� o I°°8 Q .'oAL_ �L , ; o h 4Opa 1 i 3NdA L n , Memorandum TO: Mayor Morgan and Town Council THROUGH: Paul L. Nordi Town Manager FROM: Robin Go.A man, Director Parks and ecreation DATE: September 10, 1999 RE: Consideration of Awarding the Bid for a Model 6500 Mid-Sized Sweeper to the Tennant Company Purpose The purpose of this memo is to seek Council approval for the purchase of a medium-sized sweeper. The sweeper was budgeted and approved in the Annual Budget for fiscal lyear 1999- 2000. This capital expenditure was budgeted at $27,000. The sweeper was approved in order to maintain sidewalks, trails, wash crossings, pedestrian culverts, and parking areas. Request for Price Quotes Park Operations Staff gathered three price quotes as follows: Lir Company Price Tennant Company $20,967.07 ACM Equipment $22,649.00 Tori Enterprises, Inc. $24,827.00 These quotes were based on an LP version sweeper, extra propane tank, sales tax, operator training, and non-marking tires. The apparent low bidder is Tennant Company for their LP 6500 model, for a total amount of$20,967.07. LP Tank and Refueling Process Below are photos showing the LP tank and how the tank is refueled. Th LP unit is friendly to the environment, is safe to operate, and easily to refuel. The Town can refuel LP tanks at Red Rock Gas Station as shown in the photos. gym '' t, r ' 4 \ ! Li 1 ;j/ i Tennant purchase request.doc a ��. . ,,,, .. , - . ,4:7: � @� S •,,44 Recommendation Based on the price quotes and research staff recommends the purchase of the Tennant LP 6500 Sweeper in the amount of$20,967.07. L (kir Tennant purchase request.doc TOWN OF FOUNTAIN HILLS MEMORANDUM L TO: The Honorable Mayor and Town Council THROUGH: Paul Nordin, Town Manager FROM: Geir Sverdrup, Senior Planner DATE: September 10, 1999 SUBJECT: Consideration of a special use permit application for a stealth wireless communications facility to be located at the First Assembly of God, located at 16239 E. Ironwood Drive. This request for special use is by Voice Stream PCS III Corp.. The applicant is requesting a Special Use to permit a stealth wireless facility (Flagpole) in the "R1-35" Zoning. On August 12, 1999 the Planning and Zoning Commission recommended denial of the request. On September 2, 1999 the Council continued the application at the applicants request to allow the new representitive to become familiar with the case and to allow the representitive to work with the neighbors. The issue of lighting of the flag became an issue and staff was directed to research that issue. As of the ithor writing of this memo the applicant has met with some neighbors and is still setting up meetings with other neighbors. The applicant is exploring a shorter, more narrow pole but does not at this time have answers from their manufacturers. Staff has attached to this packet US Code 36 which addresses protocol in regards to the American Flag. The Code is VOLUNTARY and does not proscribe penalties for violations. The attached Planning and Zoning Commission report is the same as the last Council packet. L us.code36.txt L UNITED STATES CODE What is the U.S. Code? About the U.S. Flag Code Where to Purchase a Copy of the U.S. Code UNITED STATES CODE TITLE 36 CHAPTER 10 What is the U.S. Code? The United States Code is the official, subject matter order, compilation of the Federal laws of a general and permanent nature that are currently in force. In accordance with section 285b of title 2 of the U.S. Code, the Code is compiled by the Office of the Law Revision Counsel of the United States House of Representatives. The Code is divided into 50 titles by subject matter. Each title is divided into sections. Sections within a title may be grouped together as subtitles, chapters, subchapters, parts, subparts, or divisions. Titles may also have appendices which may be divided into sections, rules and/or forms. The subjects covered by the 50 titles of the U.S. Code are: 1. General Provisions 2. The Congress 3. The President 4. Flag and Seal, Seat of Government, and the States 5. Government Organization and Employees 6. Surety Bonds (repealed by the enactment of Title 31) 7. Agriculture 8. Aliens and Nationality 9. Arbitration 10. Armed Forces 11. Bankruptcy 12. Banks and Banking 13. Census 14. Coast Guard 15. Commerce and Trade 16. Conservation 17. Copyrights 18. Crimes and Criminal Procedure 19. Customs Duties 20. Education 21. Food and Drugs 22. Foreign Relations and Intercourse 23. Highways 24. Hospitals and Asylums 25. Indians 26. Internal Revenue Code 27. Intoxicating Liquors 28. Judiciary and Judicial Procedure 29. Labor 30. Mineral Lands and Mining 31. Money and Finance 32. National Guard 33. Navigation and Navigable Waters 34. Navy (eliminated by the enactment of Title 10) 35. Patents 36. Patriotic Societies and Observations L Page 1 us.code36.txt 37. Pay and Allowances of the Uniformed Services 38. Veterans' Benefits 39. Postal Service 40. Public Buildings, Property, and Works 41. Public Contracts 42. The Public Health and Welfare 43. Public Lands 44. Public Printing and Documents 45. Railroads 46. Shipping 47. Telegraphs, Telephones, and Radiotelegraphs 48. Territories and Insular Possessions 49. Transportation 50. War and National Defense The "FLAG CODE" All the states, at one time or another, have enacted laws relating to the United States Flag. Whereas the Federal Flag Code does not provide penalties for certain conduct or may not govern certain practices, state laws often do. At the national level, the Federal Flag Code (Title 36, U.S. Code, paragraph 170-178) provides uniform guidelines for the display of, and respect shown to, Our Flag, and conduct during playing of the National Anthem and the Pledge of Allegiance to the Flag. The Code is designed 'for the use of such civilian groups of organizations as may not be required to conform with regulations promulgated by one or more executive departments' of the federal government, such as the armed forces. The Flag Code does not prescribe any penalties for non-compliance nor does it include enforcement provisions. Rather, it functions as a guide to be voluntarily followed by civilians and civilian groups. While the Code empowers the President of the United States to alter, modify, repeal or prescribe additional rules regarding the Flag, no federal agency has the authority to issue 'official' rulings legally binding on civilians or civilian groups. Consequently, different interpretations of various provisions of the Code may continue to be made. The Flag Code may be fairly tested: 'No disrespect should be shown to the Flag of the United States of America. ' Therefore, actions not specifically included in the Code may be deemed acceptable as long as proper respect is shown. UNITED STATES CODE Where to Purchase a Copy of the U.S. Code If you are using it for legal research, I urge you to verify your results with the printed U.S. Code available through the U.S. Government Printing Office. The printed U.S Code is available for purchase through the Government Printing Office (GPO) at (202) 512-1800, Monday through Friday, 8 a.m. to 4 p.m. , eastern time. Orders can also be sent by mail to: Superintendent of Documents U.S. Government Printing Office P.O. Box 371954 Pittsburgh, PA 15250-7954 GPO accepts checks, VISA, and MasterCard. The U.S. Code is also available on CD-ROM from the Goverment Printing Office. Page 2 us.code36.txt The U.S. Code CD-ROM with the laws in effect as of January 2, 1992, (stock number 052-001-00438-8) is available for $34. The U.S. Code CD-ROM with the laws in effect as of January 4, 1993, (stock number 052-001-00389-6) will be available (January 17, 1995) for $36. The U.S. Code CD-ROM with the laws in effect as of January 24, 1994, is scheduled to be available March 31, 1995. On-Line copy of the U.S. Code. Source of document below: CD-ROM prepared and published by the Office of the Law Revision Counsel of the House of Representatives. It contains the laws in force on January 4, 1993. UNITED STATES CODE TITLE 36 CHAPTER 10 PATRIOTIC CUSTOMS § 170. National anthem; Star-Spangled Banner. § 171. Conduct during playing. § 172. Pledge of allegiance to the flag; manner of delivery. § 173. Display and use of flag by civilians; codification of rules and customs; definition. § 174. Time and occasions for display. § 175. Position and manner of display. § 176. Respect for flag. § 177. Conduct during hoisting, lowering or passing of flag. § 178. Modification of rules and customs by President. § 179. Design for service flag; persons entitled to display flag. § 180. Design for service lapel button; persons entitled to wear button. § 181. Approval of designs by Secretary of Defense; license tomanufacture and sell; penalties. § 182. Rules and regulations. § 182a to 184. Repealed. § 185. Transferred. § 186. National motto. § 187. National floral emblem. § 188. National march. § 189. Recognition of National League of Families POW/MIA flag. §170. National anthem; Star-Spangled Banner The composition consisting of the words and music known as The Star-Spangled Banner is designated the national anthem of the United States of America. §171. Conduct during playing During rendition of the national anthem when the flag is displayed, all present except those in uniform should stand at attention facing the flag with the right hand over the heart. Men not in uniform should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should render the military salute at the first note of the anthem and retain this position until the last note. When the flag is not Page 3 us.code36.txt displayed, those present should face toward the music and act in the same manner they would if the flag were displayed there. §172. Pledge of allegiance to the flag; manner of delivery The Pledge of Allegiance to the Flag, 'I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all. ' , should be rendered by standing at attention facing the flag with the right hand over the heart. When not in uniform men should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should remain silent, face the flag, and render the military salute. §173. Display and use of flag by civilians; codification of rules and customs; definition The following codification of existing rules and customs pertaining to the display and use of the flag of the United States of America is established for the use of such civilians or civilian groups or organizations as may not be required to conform with regulations promulgated by one or more executive departments of the Government of the United States. The flag of the United States for the purpose of this chapter shall be defined according to sections 1 and 2 of title 4 and Executive Order 10834 issued pursuant thereto. §174. Time and occasions for display (a) Display on buildings and stationary flagstaffs in open; night display It is the universal custom to display the flag only from sunrise to sunset on buildings and on stationary flagstaffs in the open. However, when a patriotic effect is desired, the flag may be displayed twenty-four hours a day if properly illuminated during the hours of darkness. (b) Manner of hoisting The flag should be hoisted briskly and lowered ceremoniously. (c) Inclement weather The flag should not be displayed on days when the weather is inclement, except when an all weather flag is displayed. (d) Particular days of display The flag should be displayed on all days, especially on New Year's Day, January 1; Inauguration Day, January 20; Lincoln's Birthday, February 12; Washington's Birthday, third Monday in February; Easter Sunday (variable) ; Mother's Day, second Sunday in May; Armed Forces Day, third Saturday in May; Memorial Day (half-staff until noon) , the last Monday in May; Flag Day, June 14; Independence Day, July 4; Labor Day, first Monday in September; Constitution Day, September 17; Columbus Day, second Monday in October; Navy Day, October 27; Veterans Day, November 11; Thanksgiving Day, fourth Thursday in November; Christmas Day, December 25; and such other days as may be proclaimed by the President of the United States; the birthdays of States (date of admission) ; and on State holidays. (e) Display on or near administration building of public institutions The flag should be displayed daily on or near the main administration building of every public institution. (f) Display in or near polling places The flag should be displayed in or near every polling place on election days. (g) Display in or near schoolhouses The flag should be displayed during school days in or near every schoolhouse. §175. Position and manner of display The flag, when carried in a procession with another flag or flags, should be either on the marching right; that is, the flag's own right, or, if there is a Page 4 us.code36.txt line of other flags, in front of the center of that line. (a) The flag should not be displayed on a float in a parade except from a (11111, staff, or as provided in subsection (i) of this section. (b) The flag should not be draped over the hood, top, sides, or back of a vehicle or of a railroad train or a boat. When the flag is displayed on a motorcar, the staff shall be fixed firmly to the chassis or clamped to the right fender. (c) No other flag or pennant should be placed above or, if on the same level, to the right of the flag of the United States of America, except during church services conducted by naval chaplains at sea, when the church pennant may be flown above the flag during church services for the personnel of the Navy. No person shall display the flag of the United Nations or any other national or international flag equal, above, or in a position of superior prominence or honor to, or in place of, the flag of the United States at any place within the United States or any Territory or possession thereof: Provided, That nothing in this section shall make unlawful the continuance of the practice heretofore followed of displaying the flag of the United Nations in a position of superior prominence or honor, and other national flags in positions of equal prominence or honor, with that of the flag of the United States at the headquarters of the United Nations. (d) The flag of the United States of America, when it is displayed with another flag against a wall from crossed staffs, should be on the right, the flag's own right, and its staff should be in front of the staff of the other flag. (e) The flag of the United States of America should be at the center and at the highest point of the group when a number of flags of States or localities or pennants of societies are grouped and displayed from staffs. (f) When flags of States, cities, or localities, or pennants of societies are flown on the same halyard with the flag of the United States, the latter should always be at the peak. When the flags are flown from adjacent staffs, the flag of the United States should be hoisted first and lowered last. No such flag or pennant may be placed above the flag of the United States or to the United States flag's right. (g) When flags of two or more nations are displayed, they are to be flown from separate staffs of the same height. The flags should be of approximately equal size. International usage forbids the display of the flag of one nation above that of another nation in time of peace. (h) When the flag of the United States is displayed from a staff projecting horizontally or at an angle from the window sill, balcony, or front of a building, the union of the flag should be placed at the peak of the staff unless the flag is at half staff. When the flag is suspended over a sidewalk from a rope extending from a house to a pole at the edge of the sidewalk, the flag should be hoisted out, union first, from the building. (i) When displayed either horizontally or vertically against a wall, the union should be uppermost and to the flag's own right, that is, to the observer's left. When displayed in a window, the flag should be displayed in the same way, with the union or blue field to the left of the observer in the street. (j) When the flag is displayed over the middle of the street, it should be suspended vertically with the union to the north in an east and west street or to the east in a north and south street. (k) When used on a speaker's platform, the flag, if displayed flat, should be displayed above and behind the speaker. When displayed from a staff in a church or public auditorium, the flag of the United States of America should hold the position of superior prominence, in advance of the audience, and in the position of honor at the clergyman's or speaker's right as he faces the audience. Any other flag so displayed should be placed on the left of the clergyman or speaker or to the right of the audience. (1) The flag should form a distinctive feature of the ceremony of unveiling a statue or monument, but it should never be used as the covering for the statue or monument. (m) The flag, when flown at half-staff, should be first hoisted to the peak for an instant and then lowered to the half-staff position. The flag should L Page 5 us.code36.txt be again raised to the peak before it is lowered for the day. On Memorial Day the flag should be displayed at half-staff until noon only, then raised to the top of the staff. By order of the President, the flag shall be flown at half-staff upon the death of principal figures of the United States Government and the Governor of a State, territory, or possession, as a mark of respect to their memory. In the event of the death of other officials or foreign dignitaries, the flag is to be displayed at half-staff according to Presidential instructions or orders, or in accordance with recognized customs or practices not inconsistent with law. In the event of the death of a present or former official of the government of any State, territory, or possession of the United States, the Governor of that State, territory, or possession may proclaim that the National flag shall be flown at half-staff. The flag shall be flown at half-staff thirty days from the death of the President or a former President; ten days from the day of death of the Vice President, the Chief Justice or a retired Chief Justice of the United States, or the Speaker of the House of Representatives; from the day of death until interment of an Associate Justice of the Supreme Court, a Secretary of an executive or military department, a former Vice President, or the Governor of a State, territory, or possession; and on the day of death and the following day for a Member of Congress. As used in this subsection - (1) the term 'half-staff' means the position of the flag when it is one-half the distance between the top and bottom of the staff; (2) the term 'executive or military department' means any agency listed under sections 101 and 102 of title 5; and (3) the term 'Member of Congress' means a Senator, a Representative, a Delegate, or the Resident Commissioner from Puerto Rico. (n) When the flag is used to cover a casket, it should be so placed that the union is at the head and over the left shoulder. The flag should not be lowered into the grave or allowed to touch the ground. (o) When the flag is suspended across a corridor or lobby in a building with only one main entrance, it should be suspended vertically with the union of ikkry the flag to the observer's left upon entering. If the building has more than one main entrance, the flag should be suspended vertically near the center of the corridor or lobby with the union to the north, when entrances are to the east and west or to the east when entrances are to the north and south. If there are entrances in more than two directions, the union should be to the east. §176. Respect for flag No disrespect should be shown to the flag of the United States of America; the flag should not be dipped to any person or thing. Regimental colors, State flags, and organization or institutional flags are to be dipped as a mark of honor. (a) The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property. (b) The flag should never touch anything beneath it, such as the ground, the floor, water, or merchandise. (c) The flag should never be carried flat or horizontally, but always aloft and free. (d) The flag should never be used as wearing apparel, bedding, or drapery. It should never be festooned, drawn back, nor up, in folds, but always allowed to fall free. Bunting of blue, white, and red, always arranged with the blue above, the white in the middle, and the red below, should be used for covering a speaker's desk, draping the front of the platform, and for decoration in general. (e) The flag should never be fastened, displayed, used, or stored in such a manner as to permit it to be easily torn, soiled, or damaged in any way. (f) The flag should never be used as a covering for a ceiling. (g) The flag should never have placed upon it, nor on any part of it, nor attached to it any mark, insignia, letter, word, figure, design, picture, or Page 6 us.code36.txt drawing of any nature. (h) The flag should never be used as a receptacle for receiving, holding, Loy carrying, or delivering anything. (i) The flag should never be used for advertising purposes in any manner whatsoever. It should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard. Advertising signs should not be fastened to a staff or halyard from which the flag is flown. (j) No part of the flag should ever be used as a costume or athletic uniform. However, a flag patch may be affixed to the uniform of military personnel, 'firemen, policemen, and members of patriotic organizations. The flag represents a living country and is itself considered a living thing. Therefore, the lapel flag pin being a replica, should be worn on the left lapel near the heart. (k) The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning. §177. Conduct during hoisting, lowering or passing of flag During the ceremony of hoisting or lowering the flag or when the flag is passing in a parade or in review, all persons present except those in uniform should face the flag and stand at attention with the right hand over the heart. Those present in uniform should render the military salute. When not in uniform, men should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Aliens should stand at attention. The salute to the flag in a moving column should be rendered at the moment the flag passes. (1111, §178. Modification of rules and customs by President Any rule or custom pertaining to the display of the flag of the United States of America, set forth herein, may be altered, modified, or repealed, or additional rules with respect thereto may be prescribed, by the Commander in Chief of the Armed Forces of the United States, whenever he deems it to be appropriate or desirable; and any such alteration or additional rule shall be set forth in a proclamation. §179. Design for service flag; persons entitled to display flag The Secretary of Defense is authorized and directed to approve a design for a service flag, which flag may be displayed in a window of the place of residence of persons who are members of the immediate family of a person serving in the armed forces of the United States during any period of war or hostilities in which the Armed Forces of the United States may be engaged. §180. Design for service lapel button; persons entitled to wear button The Secretary of Defense is also authorized and directed to approve a design for a service lapel button, which button may be worn by members of the immediate family of a person serving in the armed forces of the United States during any period of war or hostilities in which the Armed Forces of the United States may be engaged. §181. Approval of designs by Secretary of Defense; license to manufacture and sell; penalties Upon the approval by the Secretary of Defense of the design for such service flag and service lapel button, he shall cause notice thereof, together with a description of the approved flag and button, to be published in the Federal Register. Thereafter any person may apply to the Secretary of Defense for a Page 7 us.code36.txt license to manufacture and sell the approved service flag, or the approved service lapel button, or both. Any person, firm, or corporation who manufactures any such service flag or service lapel button without having first obtained such a license, or otherwise violates sections 179 to 182 of this title, shall, upon conviction thereof, be fined not more than $1,000. §182. Rules and regulations The Secretary of Defense is authorized to make such rules and regulations as may be necessary to carry out the provisions of sections 179 to 182 of this title. §182a to 182d. Repealed. Pub. L. 89-534, § 2, Aug. 11, 1966, 80 Stat. 345 §183, 184. Repealed. Pub. L. 85-857, § 14(84) , Sept. 2, 1958, 72 Stat. 1272 §185. Transferred §186. National motto The national motto of the United States is declared to be 'In God we trust. ' §187. National floral emblem The flower commonly known as the rose is designated and adopted as the national floral emblem of the United States of America, and the President of the United States is authorized and requested to declare such fact by proclamation. L §188. National march The composition by John Philip Sousa entitled 'The Stars and Stripes Forever' is hereby designated as the national march of the United States of America. §189. Recognition of National League of Families POW/MIA flag The National League of Families POW/MIA flag is hereby recognized officially and designated as the symbol of our Nation's concern and commitment to resolving as fully as possible the fates of Americans still prisoner, missing and unaccounted for in Southeast Asia, thus ending the uncertainty for their families and the Nation. Miscellaneous References UNITED STATES CODE TITLE 4 CHAPTER 1 - THE FLAG §1. Flag; stripes and stars on The flag of the United States shall be thirteen horizontal stripes, alternate red and white; and the union of the flag shall be forty-eight stars, white in a blue field. L Page 8 us.code36.txt § 2. Same; additional stars On the admission of a new State into the Union one star shall be added to the union of the flag; and such addition shall take effect on the fourth day of July then next succeeding such admission. § 3. Use of flag for advertising purposes; mutilation of flag Any person who, within the District of Columbia, in any manner, for exhibition or display, shall place or cause to be placed any word, figure, mark, picture, design, drawing, or any advertisement of any nature upon any flag, standard, colors, or ensign of the United States of America; or shall expose or cause to be exposed to public view any such flag, standard, colors, or ensign upon which shall have been printed, painted, or otherwise placed, or to which shall be attached, appended, affixed, or annexed any word, figure, mark, picture, design, or drawing, or any advertisement of any nature; or who, within the District of Columbia, shall manufacture, sell, expose for sale, or to public view, or give away or have in possession for sale, or to be given away or for use for any purpose, any article or substance being an article of merchandise, or a receptacle for merchandise or article or thing for carrying or transporting merchandise, upon which shall have been printed, painted, attached, or otherwise placed a representation of any such flag, standard, colors, or ensign, to advertise, call attention to, decorate, mark, or distinguish the article or substance on which so placed shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding $100 or by imprisonment for not more than thirty days, or both, in the discretion of the court. The words 'flag, standard, colors, or ensign' , as used herein, shall include any flag, standard, colors, ensign, or any picture or representation of either, or of any part or parts of either, made of any substance or represented on any substance, of any size evidently purporting to be either of said flag, standard, colors, or ensign of the United States of America or a picture or a representation of either, upon which shall be shown the colors, the stars and the stripes, in any number of either thereof, or of any part or parts of either, by which the average person seeing the same without deliberation may believe the same to represent the flag, colors, standard, or ensign of the United States of America. UNITED STATES CODE TITLE 4 CHAPTER 2 - THE SEAL § 41. Seal of the United States The seal heretofore used by the United States in Congress assembled is declared to be the seal of the United States. § 42. Same; custody and use of The Secretary of State shall have the custody and charge of such seal. Except as provided by section 2902 (a) of title 5, the seal shall not be affixed to any instrument without the special warrant of the President therefor. UNITED STATES CODE TITLE 5 PART III CHAPTER 29 - COMMISSIONS, OATHS, RECORDS, AND REPORTS Page 9 us.code36.txt SUBCHAPTER I - COMMISSIONS, OATHS, AND RECORDS L § 2902. Commission; where recorded (a) Except as provided by subsections (b) and (c) of this section, the Secretary of State shall make out and record, and affix the seal of the United States to, the commission of an officer appointed by the President. The seal of the United States may not be affixed to the commission before the commission has been signed by the President. UNITED STATES CODE TITLE 5 PART I CHAPTER 1 - ORGANIZATION § 101. Executive departments The Executive departments are: The Department of State. The Department of the Treasury. The Department of Defense. The Department of Justice. The Department of the Interior. The Department of Agriculture. The Department of Commerce. The Department of Labor. The Department of Health and Human Services. The Department of Housing and Urban Development. The Department of Transportation. The Department of Energy. The Department of Education. The Department of Veterans Affairs. § 102. Military departments The military departments are: The Department of the Army. The Department of the Navy. The Department of the Air Force. UNITED STATES CODE TITLE 18 Part I. CRIMES AND CRIMINAL PROCEDURE CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES THIS TITLE WAS ENACTED BY ACT JUNE 25, 1948, CH. 645, SEC. 1, 62 STAT. 683 § 700. Desecration of the flag of the United States; penalties (a) (1) Whoever knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon any flag of the United States shall be fined under this title or imprisoned for not more than one year, or both. (2) This subsection does not prohibit any conduct consisting of the disposal of a flag when it has become worn or soiled. (b) As used in this section, the term ' flag of the United States' means any flag of the United States, or any part thereof, made of any substance, of any size, in a form that is commonly displayed. (c) Nothing in this section shall be construed as indicating an intent on the part of Congress to deprive any State, territory, possession, or the Commonwealth of Puerto Rico of jurisdiction over any offense over which it would have jurisdiction in the absence of this section. (d) (1) An appeal may be taken directly to the Supreme Court of the United States from any interlocutory or final judgment, decree, or order issued by a United States district court ruling upon the constitutionality of subsection (a) . L Page 10 us.code36.txt (2) The Supreme Court shall, if it has not previously ruled on the question, accept jurisdiction over the appeal and advance on the docket and expedite to the greatest extent possible. UNITED STATES CODE TITLE 2 CHAPTER 9A - ORGANIZATION § 285b. Functions The functions of the Office shall be as follows: (1) To prepare, and submit to the Committee on the Judiciary one title at a time, a complete compilation, restatement, and revision of the general and permanent laws of the United States which conforms to the understood policy, intent, and purpose of the Congress in the original enactments, with such amendments and corrections as will remove ambiguities, contradictions, and other imperfections both of substance and of form, separately stated, with a view to the enactment of each title as positive law. (2) To examine periodically all of the public laws enacted by the Congress and submit to the Committee on the Judiciary recommendations for the repeal of obsolete, superfluous, and superseded provisions contained therein. (3) To prepare and publish periodically a new edition of the United States Code (including those titles which are not yet enacted into positive law as well as those titles which have been so enacted) , with annual cumulative supplements reflecting newly enacted laws. (4) To classify newly enacted provisions of law to their proper positions in the Code where the titles involved have not yet been enacted into positive law. (5) To prepare and submit periodically such revisions in the titles of the Code which have been enacted into positive law as may be necessary to keep such titles current. (6) To prepare and publish periodically new editions of the District of Columbia Code, with annual cumulative supplements reflecting newly enacted laws, through publication of the fifth annual cumulative supplement to the 1973 edition of such Code. (7) To provide the Committee on the Judiciary with such advice and assistance as the committee may request in carrying out its functions with respect to the revision and codification of the Federal statutes. Updated: July 8, 1995 This page is maintained by Duane Streufert, duanes@elk-grove.k12.il.us. Questions or comments welcome! Home Page] [Table of Contents] [History] [Links to Web sites] [Historic Flags] [Patriotic Writings] [Miscellaneous] [Etcetera] [Armed Forces] Lir Page 11 us.code36.txt Home Page ] [ Table of Contents ] [ Historic Flags ] [ History ] [ Patriotic Writings ] [ Armed Forces ] [ Miscellaneous ] [ & Etcetera ] [ Links to Web Sites of Special Interest] [ Search the U.S. Flag Web Site ] [ Comments Welcomed ] L L Page 12 08/31/99 TUE 16:16 FAX 602 437 3500 Western Wireless Z 002 VO/Cd earn. Ler 1 t [ 1 August 31, 1999 Ms. Cassie B. Hansen Town Clerk Town of Fountain Hills 16836 E. Palisades Fountain Hills, AZ 85269 Regarding: SU99-03 Council Agenda Item 09-02-99 Dear Ms. Hansen, I would like to request a continuance on the Town Council hearing this case until the next scheduled Town Council meeting. I have recently been transferred back to the Phoenix area from Texas where I was working for VoiceStream Wireless. It will take a week or two to become familiar with this proposed development. In addition I am working with our engineering people to see if we can reduce the development as much as possible, and plan on working with the neighbors in the area to build support for the proposal. If anything else is needed in order to continue this case, please let me know ASAP. I appreciate your assistance. Sincerely, /144_, Morris Mickelson Land Use Specialist 602 625-4648 Cry • VoiceStream Wireless • 2601 West Broadway •Tempe.AZ 85282 • (602) 643-3000 - Fax (602) 643-3503 TOWN OF FOUNTAIN HILLS PLANNING ANS ZONING COMMISSION REPORT September 2, 1999 L CASE NO: SU99-03 LOCATION: Southwest corner of Fountain Hills Blvd.and Ironwood Drive. REQUEST: Consider a Special Use Permit, which would allow a 60 foot high flagpole as a new stealth wireless communication facility to be located at the Assembly of God Church. DESCRIPTION: APPLICANT: Voice Stream PCs III Corporation OWNER: Assembly of God Church EXISTING ZONING: "R1-35" EXISTING CONDITION: Developed with a church PARCEL SIZE: 142,378 square feet(3.2 acres). SURROUNDING LAND USES AND ZONING: NORTH: Single family home,zoned"R1-35" SOUTH: Ironwood Wash and a single family home,zoned"R1-35". EAST: Single family home,zoned"R1-35" WEST: Single and multi-family homes,zoned "R-2". L SUMMARY: This request is for approval of a Special Use, which would allow a 60 foot high flagpole as a new stealth wireless communication facility to be located at the Assembly of God Church. The new facility would appear to be a heavy duty flagpole. Wireless communication facilities are permitted in all zoning districts with an approved Special Use Permit. The following is Chapter 2, Section 2.02 regarding Special Use Permits and Chapter 17 of the Town of Fountain Hills Zoning Ordinance, which states the Town's regulations regarding wireless communication facilities. CODE REQUIREMENTS: CHAPTER 2 PROCEDURES 2.02 Special Use Permits. A. Purpose. Every zoning district contains certain buildings, structures and uses of land which are normal and complementary to permitted uses in the district,but which,by reason of their typical physical or operational characteristics, influence on the traffic function of adjoining streets, or similar conditions, are often incompatible with adjacent activities and uses. It is the intent of this ordinance to permit special uses in appropriate zoning districts, but only in specific locations within such districts that can be designed and developed in a manner which assures maximum compatibility with adjoining uses. It is the purpose of this section to establish principles and procedures essential to proper guidance and control of P&Z Commission Report SU99-03 Stealth Flagpole/Assembly of God September 2, 1999 Page 2 of 18 Lir 18 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 kmer by the Zoning Administrator of any authorized structures, signifying that all zoning and site development requirements imposed in connection with the permit have been satisfied, the special use permit shall thereafter be transferable and shall run with the land, whereupon the maintenance of special conditions imposed by the permit, as well as the compliance with other provisions of this ordinance, shall become the responsibility of the property owner. C. Special Use Permit Application. Application for a use permit shall be filed with the Community Development Department on a form prescribed by the Community Development Director. The application shall be forwarded to the Planning and Zoning Commission by the Zoning Administrator,and when required by the Zoning Administrator, shall be accompanied by a detailed site plan prepared in accordance with Section 2.04 showing all information necessary to demonstrate that the proposed use will comply with all special conditions as well as other regulations and requirements of this ordinance. An applicant shall furnish the Commission with any additional information it may consider relevant to investigation of the case. D. Commission Action and Findings. 1. It is the express intent of this ordinance that any use for which a special use 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 P&Z Commission Report SU99-03 Stealth Flagpole/Assembly of God September 2, 1999 Page 3 of 18 18 amount of traffic likely to be generated and how it will be accommodated, and the influence that such factors are likely to exert on adjoining properties. The Commission may make such suggestions to the Town Council concerning ways a proposed project may be acceptable and compatible to the area. 2. Notice of the nature of the special use permit application and the date of the meeting at which it will be considered shall be posted on the property and shall be mailed to the owners of all real property within three hundred (300) feet of the external boundaries of the property for which application is made. The applicant shall be responsible for providing the names and addresses of these owners. *1 3. The Commission shall consider the application at the first regular meeting after the proper advertising procedures and period have been completed. The Commission, at this regularly scheduled meeting, shall either(1) make a recommendation to the Town Council, or continue the matter to a specified date (but not longer than sixty (60) days from the date of the original hearing). Within sixty (60) days after the date of the original hearing,the Commission shall render its decision in the form of a written recommendation to the Council. The recommendation shall include the rationale for the recommendation. However,if the Commission is not able to make a recommendation to the Council at the continued meeting and the applicant does not consent to a further continuance,the matter shall be automatically forwarded to the Council with a recommendation for denial 4. It shall be the responsibility of the applicant to maintain the posting. The notice shall set forth the time and place of the hearing and include a general explanation of the matter to be considered and a general description of the area affected. 5. In order to recommend approval of any use permit,the findings of the Commission must be that the establishment, maintenance, or operation of the use or building applied for will not be detrimental to the public health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, nor shall it be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the town. 6. The Commission may recommend to the Town Council such conditions in connection with the use permit as it deems appropriate to secure the intent and purposes of this ordinance and may recommend such guarantees and evidence that such conditions are being or will be followed. 7. If the Commission finds that the application and supporting data do not indicate that all applicable conditions and requirements of this ordinance will be met,it may recommend denial of the special use permit. The Commission recommendation shall be mailed to the applicant at the address shown on the application. 8. Upon conclusion of the Commission's hearing, the Commission's recommendation shall be forwarded to the Town Council along with the application materials, staff report,written comments from the public,and minutes of the hearing. L E. Council Action and Findings. P&Z Commission Report SU99-03 Stealth Flagpole/Assembly of God September 2, 1999 Page 4 of 18 18 1. When the Town Council receives a recommendation from the Planning and Zoning Commission concerning a Special Use Permit application, it shall hear the request at the scheduled date and time specified in accordance to the Arizona Open Meeting Law, but no later than the next regularly scheduled meeting held at least eight (8) days after the Commission recommendation is received. The Council may adopt the Commission's recommendation, approve the Special Use Permit request with the conditions it deems appropriate,or deny the Special Use Permit. 2. The Council's decision shall be final and shall become effective immediately. Notice of the decision shall forthwith be mailed to the applicant at the address shown in the application. *3 F. Time Limits. 1. The Council may establish a time limitation for special use permits. A building permit for the construction of any improvements allowed by any special use permit issued by the Town Council shall be secured within six (6) months from the date of approval. Any lapsing of the building permit prior to completion of the improvements will cause the Special Use Permit to become null and void. Prior to the termination of this time limit, the applicant may make a written request to the Town Council and the Council may reconsider said use permit to determine if the permit should be reissued for an additional time period or be terminated. There itior 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 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. P&Z Commission Report SU99-03 Stealth Flagpole/Assembly of God September 2, 1999 Page 5 of 18 18 CHAPTER 17 WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS 17.01 Purpose The purpose of this ordinance is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this ordinance are to: (1) protect residential areas and land uses from potential adverse impacts of towers and antennas; (2) encourage the location of towers in non-residential areas; (3) minimize the total number of towers throughout the community; (4) strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; (5)encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; (6)encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; (7) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; (8) consider the public health and safety of communication towers; and (9) avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals,Town of Fountain Hills shall give due consideration to the Town of Fountain Hills General Plan,the Town of Fountain Hills Zoning Ordinance,existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas. 17.02 Definitions As used in this ordinance,the following terms shall have the meanings set forth below: Alternative tower structure: means man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers. Antenna: means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. Backhaul network: means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network. Existing Structure: means light poles, power poles, chimneys, billboards, and other similar structures which are placed within the Town at the time of adoption of this Chapter,except existing buildings. FAA: means the Federal Aviation Administration. P&Z Commission Report SU99-03 Stealth Flagpole/Assembly of God September 2, 1999 Page 6 of 18 18 FCC: means the Federal Communications Commission. Height: means, when referring to a tower or other structure, the vertical distance measured from the natural grade level to the highest point of the structure directly above the natural grade when such structure is not located in a platted subdivision. If the structure is located in a platted subdivision,the height shall be the vertical distance measured from the finished grade as shown on the subdivision grading plans or finished grade as shown on the individual lot's grading plans, (whichever is lower), to the highest point of the structure directly above the finished grade. In the event that terrain problems prevent an accurate determination of height, the Zoning Administrator shall rule as to height and appeal from that decision shall be to the Board of Adjustment. Pre-existing towers and preexisting antennas: means any tower or antenna for which a building permit has been properly issued prior to the effective date of this ordinance, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired. Tower: means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers,alternative tower structures,and the like. The term also includes the structure and any support thereto. 17.03 Applicability. A. New Towers and Antennas. All new towers or antennas in Town of Fountain Hills shall be subject to these regulations. B. Exceptions. 1. Amateur Radio Station Operators/Receive Only Antennas. This ordinance shall not govern any tower, or the installation of any antenna, that is under the maximum building height of the zoning district in which such structure is located and which is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only operations. 2. Preexisting Towers or Antennas. Legally established preexisting towers and preexisting antennas shall not be required to meet the requirements of this ordinance, other than the requirements of Sections 17.04(F)&(G). 3. AM Array. For purposes of implementing this ordinance, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in 4116, the AM array. Additional tower units may be added within the perimeter of the AM array by right. P&Z Commission Report SU99-03 Stealth Flagpole/Assembly of God September 2, 1999 Page 7 of 18 18 17.04 General Requirements. A. Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. B. Lot Size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot. C. Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Community Development Director an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Town of Fountain Hills or within one mile of the border thereof,including specific information about the location, height, and design of each tower. Each applicant shall also provide a one-year build-out plan for all other wireless communications facilities within the town. The Community Development Director may share such information with other applicants applying for administrative approvals or special use permits under this ordinance or with other organizations seeking to locate antennas within the jurisdiction of Town of Fountain Hills, provided, however that the Community Development Director is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. D. Aesthetics. Towers and antennas shall meet the following requirements: 1. Towers shall, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness. 2. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings. 3. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with,the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. E. Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. F. State or Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed,then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised P&Z Commission Report SU99-03 Stealth Flagpole/Assembly of God September 2, 1999 Page 8 of 18 18 standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense. G. Building Codes; Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Town of Fountain Hills concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty(30)days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner's expense. H. Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Town of Fountain Hills irrespective of municipal and county jurisdictional boundaries. I. Not Essential Services. Towers and antennas shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities. J. Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Town of Fountain Hills have been obtained and shall file a copy of all required franchises with the Community Development Director. K. Public Notice. For purposes of this chapter, any special use request shall require public notice pursuant to Section 2.02 (C) of this Zoning Ordinance except that the notice required shall include posting of the property, and mailing to all property owners within 300 feet of the proposed use, and publication in a newspaper of general circulation regardless of any expression to the contrary in Section 2.02. L. Signs. No signs shall be allowed on an antenna or tower. M. Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Section 17.08. N. Co-location and Multiple Antenna/Tower Plan. The Town of Fountain Hills encourages tower and antenna users to submit a single application for approval of multiple towers and/or antenna sites and to submit applications which utilize co-location with an existing wireless telecommunications provider. Applications for approval of multiple sites or for co-location with an existing provider shall be given priority in the review process. O. Security fencing. Towers shall be enclosed by security fencing not less than six (6) feet in height and no more than eight (8) feet in height, shall be constructed of a block or masonry, and shall be equipped with an appropriate anti-climbing device; provided however, that the Town Council may waive such requirements as it deems appropriate. P. Landscaping. The following requirements shall govern the landscaping surrounding towers; P&Z Commission Report SU99-03 Stealth Flagpole/Assembly of God September 2, 1999 Page 9 of 18 18 provided, however, that the Town Council may waive such requirements if the goals of this chapter would be better served thereby. 1. Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from residential property. The standard buffer shall consist of a landscaped strip at least four (4) feet wide outside the perimeter of the compound. 2. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived. 3. Existing mature plant growth and natural land forms on the site shall be preserved to the maximum extent possible. 17.05 Permitted Uses. A. General. The uses listed in this Section are deemed to be permitted uses and shall not require administrative approval or a special use permit. B. Permitted Uses. The following uses are specifically permitted: Antennas or towers located on property owned, leased, or otherwise controlled by the Town of Fountain Hills provided a license or lease authorizing such antenna or tower has been approved by the Town of Fountain Hills. No such license or lease shall be issued for a tower located within three hundred(300)feet of any residentially zoned property until a public hearing has been held at a regular or special Town Council meeting. 17.06 Special Use Permits. A. General. The following provisions shall govern the issuance of special use permits for towers or antennas by the Town Council: 1. If the tower or antenna is not a permitted use under Section 17.05 of this chapter, then a special use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts. 2. Applications for special use permits under this Section shall be subject to the procedures and requirements of Chapter 2, Section 2.02, of this Zoning Ordinance, except as modified in this Section. 3. In granting a special use permit, the Town Council may impose conditions to the extent such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties. 4. Any information of an engineering nature that the applicant submits, whether civil, mechanical,or electrical,shall be certified by an Arizona licensed professional engineer. 5. An applicant for a special use permit shall submit the information described in this section P&Z Commission Report SU99-03 Stealth Flagpole/Assembly of God September 2, 1999 Page 10 of 18 18 and a non-refundable fee established pursuant to Section 2.02 (H) of this Zoning Ordinance. 6. A Special Use Permit issued under this Chapter shall be conditioned upon verification by the Town Engineer or designee that such tower structure is structurally sound. Such verification shall be received by the applicant prior to submission. B. Towers. 1. Information required. In addition to any information required for applications for special use permits pursuant to Chapter 2, Section 2.02 of this Zoning Ordinance, applicants for a special use permit for a tower shall submit the following information: a. A Plan of Development as required in Section 2.04 plus zoning, General Plan classification of the site and all properties within the applicable separation distances set forth in Section 17.07(B), adjacent roadways, proposed means of access, elevation drawings of the proposed tower and any other structures, and other information deemed by the Community Development Director to be necessary to assess compliance with this chapter. b. The setback distance between the proposed tower and the nearest residential unit and residentially zoned properties. c. The separation distance from other towers described in the inventory of existing sites submitted pursuant to Section 17.04(C) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s)and the owner/operator of the existing tower(s),if known. d. Method of fencing,and finished color and, if applicable,the method of camouflage and illumination. e. A description of compliance with Sections 17.04(C),(D),(E),(F), (G), (J), (L),and (M), (N), (0) and (P), 17.07(A), 17.07(B) and all applicable federal, state or local laws. f. A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users. g. Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality. h. A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower. i. A description of the feasible alternative location(s) of future towers or antennas within the Town of Fountain Hills based upon existing physical, engineering, P&Z Commission Report SU99-03 Stealth Flagpole/Assembly of God September 2, 1999 Page 11 of 18 18 technological or geographical limitations in the event the proposed tower is erected. j. A statement of compliance with Federal Communications Commission (FCC) Radio Frequency(RF)exposure standards. 2. Noise. No permit shall be issued for any facility which generates a noise level greater than fifty decibels(50 db) as measured at the edge of the property upon which such facility is sited. 3. Factors Considered in Granting Special Use Permits for Towers. In addition to any standards for consideration of special use permit applications pursuant to Chapter 2, Section 2.02 of this Zoning Ordinance,the Town Council shall consider the following factors in determining whether to issue a special use permit, although the Town Council may waive or reduce the burden on the applicant of one or more of these criteria if the Town Council concludes that the goals of this ordinance are better served thereby: a. Height of the proposed tower; b. Proximity of the tower to residential structures and residentially zoned district boundaries; c. Nature of uses on adjacent and nearby properties; d. Surrounding topography; e. Surrounding tree coverage and foliage; f. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness. g. Proposed ingress and egress;and h. Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in Section 17.06(B)(4) of this chapter. 4. Availability of Suitable Existing Towers, Other Structures, or Alternative Technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Town Council that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's a proposed antenna. An applicant shall submit information requested by the Town Council related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following: L a. No existing towers or structures are located within the geographic area which meet applicant's engineering requirements. P&Z Commission Report SU99-03 Stealth Flagpole/Assembly of God September 2, 1999 Page 12 of 18 thre 18 b. Existing towers or structures are not of sufficient height to meet applicant's engineering requirements. c. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. d. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna. e. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable. f. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable. g. The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable. 17.07 Minimum Setbacks and Separation A. Setbacks. The following setback requirements shall apply to all towers; provided, however, that the Town Council may reduce the standard setback requirements if the goals of this chapter would be better served thereby: 1. Towers must be set back a distance equal to at least one hundred percent (100%) of the height of the tower from any adjoining lot line. Provided, however, that separation distances from residential uses shall be in accordance with Table 1 set forth below. 2. Accessory buildings must satisfy the minimum zoning district setback requirements. B. Separation. The following separation requirements shall apply to all towers and antennas provided, however, that the Town Council may reduce the standard separation requirements if the goals of this chapter would be better served thereby. 1. Separation from off-site uses/designated areas. a. Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1. b. Separation requirements for towers shall comply with the minimum standards established in Table 1. P&Z Commission Report SU99-03 Stealth Flagpole/Assembly of God September 2, 1999 Page 13 of 18 18 Table 1 Separation Requirements From Offsite Uses/Areas Off-site Use/Designated Area Separation Distance Single-family or duplex residential units' 200 feet or 300%of tower height,whichever is greater Vacant single-family or duplex residentially zoned 200 feet or 300% of tower height,whichever is land which is either platted or has greater2 preliminary plat approval which is not expired Vacant unplatted residentially zoned lands3 100 feet or 100%of tower height,whichever is greater Existing multi-family residential units greater than 100 feet or 100%of tower height,whichever is duplex units greater Non-residentially zoned lands or non-residential None,only setbacks apply uses 2. Separation distances between towers. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2. *1 Includes modular homes and mobile homes used for living purposes. *2 Separation measured from base of tower to closest building setback line. *3 Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan and any multi-family residentially zoned land greater than a duplex. L P&Z Commission Report SU99-03 Stealth Flagpole/Assembly of God September 2, 1999 Page 14 of 18 18 Table 2 Separation Distances Between Towers Monopole 65 ft.in Monopole less Monopole less height or than 65 ft. than 40 greater in height ft.in but height greater than 40 ft. in height Monopole 65 ft.in 2,000 feet 1,500 feet 1,000 feet height or greater Monopole less than 65 ft.in 1,500 feet 1,500 feet 1,000 feet height but greater than 40 ft.in height Monopole less than 40 ft.in 1,000 feet 1,000 feet 750 feet height 17.08 Buildings or Other Equipment Storage. A. Antennas Mounted on Structures or Rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following: L 1. The cabinet or structure shall not contain more than one hundred-twenty (120) square feet of gross floor area or be more than eight (8) feet in height and shall be located on P&Z Commission Report SU99-03 Stealth Flagpole/Assembly of God September 2, 1999 Page 15 of 18 18 the ground. 2. Equipment storage buildings or cabinets shall comply with all applicable building codes. B. Antennas Mounted on Utility Poles, Light Poles, or Towers. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following: 1. In residential districts,the equipment cabinet or structure may be located: a. In a required front yard or required street side yard provided the cabinet structure is no greater than three and one-half (3.5) feet in height or twenty (20) square feet of gross floor area and the cabinet/structure is located a minimum of three (3) feet from all lot lines. The cabinet/structure shall be screened by sight- obscuring landscaping which obscures at least ninety-five percent (95%) of the structure at planting and throughout the duration of the cabinet or structure's existence with an ultimate height not to exceed forty-two (42) inches. b. In a required rear yard, provided the cabinet or structure is no greater than five (5) feet in height or one hundred-twenty (120) square feet in gross floor area. The cabinet/structure shall be screened by sight-obscuring landscaping which obscures at least ninety-five percent (95%) of the structure at planting and throughout the duration of the cabinet or structure's existence with an ultimate height of six(6) feet. c. The entry or access side of a cabinet or structure shall be gated by a solid, sight- obscuring gate that is separate from the cabinet or structure. 2. In commercial or industrial districts the equipment cabinet or structure shall be no greater than fourteen (14) feet in height or three hundred (300) square feet in gross floor area. The structure or cabinet shall be screened by sight-obscuring landscaping with an ultimate height of sixteen (16) feet and a planted height of at least six (6) feet. The entry or access side of a cabinet or structure shall be gated by a solid, sight-obscuring gate that is separate from the cabinet or structure. Such access way shall not face residentially zoned property. C. Modification of Building Size Requirements. The requirements of Sections 17.08(A) through (C) may be modified by the Town Council in the case of uses permitted by special use to encourage collocation. 17.09 Co-Location. A. Good Faith. Applicants and permittees shall cooperate and exercise good faith in co-locating wireless telecommunications facilities on the same support structures or site, if the Town so requests. Good faith shall include sharing technical information to evaluate the feasibility of co- location, and may include negotiations for erection of a replacement support structure to P&Z Commission Report SU99-03 Stealth Flagpole/Assembly of God September 2, 1999 Page 16 of 18 Lir 18 accommodate co-location. A competitive conflict to co-location or financial burden caused by sharing such information normally will not be considered as an excuse to the duty of good faith. B. Third Party Technical Review. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users,the Town may require the applicant to obtain a third party technical study at the applicant's expense. The Town may review any information submitted by the applicant and permittee(s) in determining whether good faith has been exercised. C. Exceptions. No co-location may be required where the shared use would or does result in significant interference in the broadcast or reception capabilities of the existing wireless telecommunications facilities or failure of the existing wireless telecommunications facilities to meet federal standards for emissions. D. Violation; penalty. Failure to comply with co-location requirements when feasible may result in denial of a permit request or revocation of an existing permit. 17.10 Removal of Abandoned Antennas and Towers. Any antenna or tower that is not operated for a continuous period of ninety (90) days shall be tilkw considered abandoned, and the owner of such antenna or tower shall remove the same within ninety (90) days of receipt of notice from the Town of Fountain Hills notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said ninety (90) day period shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower for the prescribed period. 17.11 Nonconforming Uses. A. Not Expansion of Nonconforming Use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure. B. Pre-existing towers. Pre-existing towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this chapter. C. Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Notwithstanding other provisions of this chapter,bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain a special use permit and without having to meet the separation requirements specified in Sections 17.07(A) and 17.07(B). The type, height, and location of the tower onsite shall be of the same type and intensity as the original facility approval; provided, however, that any destroyed lattice or guyed tower shall be replaced with a P&Z Commission Report SU99-03 Stealth Flagpole/Assembly of God September 2, 1999 Page 17 of 18 18 monopole structure only. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within ninety (90) days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Section 17.10. EVALUATION: Voice Stream Wireless proposes to place a flagpole similar to the one just constructed at the entrance to the Town on Shea Blvd. near the Beeline Hwy. While this application meets many of the goals set forth in Chapter 17, Section 17.01, specifically (6) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques. The flagpole does use stealth technology but the pole is so wide for the entire length of the pole that the pole does have a negative visual impact. Goal 7, enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently. (8) consider the public health and safety of communication towers; and (9) avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. This location of the pole is such that a complete failure at the base of the pole maintains the reclining length of the pole wholly on the site. Another site may be more suitable and would meet more of the goals of this ordinance. Goal 1, protect residential areas and land uses from potential adverse impacts of towers and antennas. The impact of the proposed flagpole would not seem as intense in a more dense area. The adjacent R1-35 does not lend itself to this use. Goal 2, encourage the location of towers in non-residential areas; Goal 3, minimize the total number of towers throughout the community. A higher site would provide greater coverage. Goal 4, strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;Goal 5,encourage users of towers and antennas to locate them,to the extent possible,in areas where the adverse impact on the community is minimal; (6)encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting,landscape screening,and innovative camouflaging techniques. While this site uses the stealth technology the sheer width of the pole will adversely impact the R1-35 neighborhood. The related equipment will be ground mounted and screened by a 5' high wall. If approved a landscape plan for the new facility housing the equipment needs to be submitted for review and approval by staff. PLANNING AND ZONING COMMISSION: The Commission considered this application at the August 12, 1999 Commission meeting. The Commission received copies of two letters of opposition to the proposed flagpole. The main issues stated by the opposition are: Lack of concern for the neighborhood. Impact of the church's past and present projects on the area. - Is wireless communications a part of a churches function to the community? Copies of these letters are attached to this report. Voicestream Wireless was not in attendance to respond to Commission questions or to answer to the concerns stated in the neighbors' letters due to some scheduling error in their office. The Commission considered staffs' report and recommendation for denial along with the letters of opposition and unanimously recommended denial of this application P&Z Commission Report SU99-03 Stealth Flagpole/Assembly of God September 2, 1999 Page 18 of 18 18 RECOMMENDATION: After considering staff recommendation and the letters of opposition the Planning and Zoning Commission unanimously recommended Denial of SU99-03, Special Use Permit to permit a 60 foot high flagpole as a new stealth wireless communication facility located at the Assembly of God Church. TOWN OF FOUNTAIN HILLS MEMORANDUM L TO: The Honorable Mayor and Town Council THROUGH: Paul Nordin,Town Manager FROM: Geir Sverdrup, Senior Planner DATE: September 10, 199 SUBJECT: General Plan Amendment GPA99-02. The Planning and Zoning Commission continued this application until the October 14, 1999 Planning and Zoning Commission meeting. The applicant requested a continuance to allow the rezoning application to catch up to the general plan amendment The Commission did open the public hearing to allow those in attendance to speak. The Commission continued the public hearing as well. Staff recommends that if there are members of the public who wish to speak that the public hearing be opened to allow their testimony, but continue the public hearing and the consideration of the application to the October 21 Council meeting. L TOWN OF FOUNTAIN HILLS MEMORANDUM L TO: The Honorable Mayor and Town Council THROUGH: Paul Nordin,Town Manager FROM: Geir Sverdrup, Senior P1ann DATE: September 10, 1999 SUBJECT: Consideration of an amendment to the Special Use Permit for"Copperwynd"to allow early occupancy of the Inn prior to completion of the entire project. Sun Tech Development has requested an amendment of the approved special use permit SU96- 05 to allow Copperwynd to occupy the Inn prior to completion of the meeting facility. Please see the attached report for specific details. L TOWN OF FOUNTAIN HILLS PLANNING AND ZONING COMMISSION REPORT September 16,1999 CASE NO.: SU99-06 LOCATION: South of SunRidge Drive.and west of Palisades Blvd. REQUEST: Consideration of an amendment to special use permit SU96-05 for CopperWynd to allow the developer to occupy the Inn prior to completion of the meeting facility.. PROJECT MANAGER: Geir Sverdrup,Senior Planner DESCRIPTION: OWNER: Sun Tech Development L.L.C. APPLICANT: Sun Tech Development L.L.C. EXISTING ZONING: "R-5 P.U.D." &SU96-05 SURROUNDING LAND USES AND ZONING: NORTH: SunRidge Canyon), zoned "R1-10A and OSR." SOUTH: Open space;zoned"OSR." EAST: Developed single family,zoned "R1-18." WEST: Undeveloped and unsubdivided;City of Scottsdale. SUMMARY: This request by Sun Tech Development L.L.C. is to approve a special use permit to allow the developer to occupy the Inn prior to completion of the meeting facility. Stipulation #4 of Special Use Permit SU99-05 states that "All eleven tennis courts are constructed prior to opening of the lodging facility or that nine tennis courts with ancillary building be constructed prior to the opening of the lodging facility." The meeting facility building permit is ready to be picked up as soon as contractor information is provided. The following is Section 2.02 regarding Special Use Permits of the Town of Fountain Hills Zoning Ordinance, which states the Town's regulations regarding group/nursing homes in the commercial zoning districts. CODE REQUIREMENTS: CHAPTER 2 PROCEDURES 2.02 Special Use Permits. A. Purpose. Every zoning district contains certain buildings, structures and uses of land Staff Report SU99-06,CopperWynd September 9, 1999 Page 2 which are normal and complementary to permitted uses in the district,but which, by reason of their typical physical or operational characteristics, influence on the traffic function of adjoining streets, or similar conditions, are often incompatible with adjacent activities and uses. It is the intent of this ordinance to permit special uses in appropriate zoning districts, but only in specific locations within such districts that can be designed and developed in a manner which assures maximum compatibility with adjoining uses. It is the purpose of this section to establish principles and procedures essential to proper guidance and control of such uses. 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 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. Staff Report SU99-06,CopperWynd September 9, 1999 Page 3 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 compatible to the area. 2. Notice of the nature of the special use permit application and the date of the meeting at which it will be considered shall be posted on the property and shall be mailed to the owners of all real property within three hundred (300) feet of the external boundaries of the property for which application is made. The applicant shall be responsible for providing the names and addresses of these owners. *1 3. The Commission shall consider the application at the first regular meeting after the proper advertising procedures and period have been completed. The Commission, at this regularly scheduled meeting, shall either(1) make a recommendation to the Town Council, or continue the matter to a specified date (but not longer than sixty (60) days from the date of the original hearing). Within sixty (60) days after the date of the original hearing, the Commission shall render its decision in the form of a written recommendation to the Council. The recommendation shall include the rationale for the recommendation. However,if the Commission is not able to make a recommendation to the Council at the continued meeting and the applicant does not consent to a further continuance,the matter shall be automatically forwarded to the Council with a recommendation for denial 4. It shall be the responsibility of the applicant to maintain the posting. The notice shall set forth the time and place of the hearing and include a general explanation of the matter to be considered and a general description of the area affected. 5. In order to recommend approval of any use permit,the findings of the Commission must be that the establishment, maintenance, or operation of the use or building applied for will not be detrimental to the public health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, nor shall it be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the town. 6. The Commission may recommend to the Town Council such conditions in Staff Report SU99-06,CopperWynd September 9, 1999 Page 4 connection with the use permit as it deems appropriate to secure the intent and purposes of this ordinance and may recommend such guarantees and evidence that such conditions are being or will be followed. 7. If the Commission finds that the application and supporting data do not indicate that all applicable conditions and requirements of this ordinance will be met,it may recommend denial of the special use permit. The Commission recommendation shall be mailed to the applicant at the address shown on the application. 8. Upon conclusion of the Commission's hearing, the Commission's recommendation shall be forwarded to the Town Council along with the application materials, staff report,written comments from the public,and minutes of the hearing. E. Council Action and Findings. 1. When the Town Council receives a recommendation from the Planning and Zoning Commission concerning a Special Use Permit application, it shall hear the request at the scheduled date and time specified in accordance to the Arizona Open Meeting Law, but no later than the next regularly scheduled meeting held at least eight (8) days after the Commission recommendation is received. The Council may adopt the Commission's recommendation, approve the Special Use Permit request with the conditions it deems appropriate,or deny the Special Use Permit. 2. The Council's decision shall be final and shall become effective immediately. Notice of the decision shall forthwith be mailed to the applicant at the address shown in the application. *3 F. Time Limits. 1. The Council may establish a time limitation for special use permits. A building permit for the construction of any improvements allowed by any special use permit issued by the Town Council shall be secured within six (6) months from the date of approval. Any lapsing of the building permit prior to completion of the improvements will cause the Special Use Permit to become null and void. Prior to the termination of this time limit, the applicant may make a written request to the Town Council and the Council may reconsider said use permit to determine if the permit should be reissued for an additional time period or be terminated. There shall be no use permit fee for this extension request. 2. No person shall reapply for the same or substantially the same use permit on the same or substantially the same plot, lot, or parcel of land within a period of one(1) year from the date of denial of said use permit. G. Revocation. Staff Report SU99-06,CopperWynd September 9, 1999 Page 5 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 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. EVALUATION: The developer is in substantial compliance with the terms and conditions of SU96-05. The meeting facility building permit is ready to be issued once the developer supplies the contractor information required by the UBC. The subject property is currently zoned "R-5 P.U.D", with a special use permit to operate a hotel/motel with alcohol service in the restaurant.. Staff supports this request to amend the special use permit to allow early occupancy of the Inn prior to completion of the meeting facility. PLANNING AND ZONING COMMISSION: The Commission unanimously recommended approval of this amendment to Special Use Permit 99-05 to allow the developer to occupy the Inn prior to completion of the entire Copperwynd project. The applicant, in answer to the Commission, stated that the original plan for this area was a 250 sq. ft. gazebo. As the plans developed the developer decided to increase their commitment to the town and construct a 400 sq. ft. meeting facility. After further questions the applicant stated that the meeting facility should be ready for occupancy by July/August of 2000. The applicant has had a permit issued for the construction as of September 9, 1999. RECOMMENDATION After reviewing case file SU96-05 CopperWynd, the reports to the Commission and Council, the original submission by Sun Tech Development L.L.C., and the staff report, the Commission recommends that the Town Council approve this special use permit amendment to allow early occupancy of the Inn. 4oJ�,wwdr. --- - . -- No -e,�d,I )rk ill , z TOWN OF FOUNTAIN HILLS N`t-tSSw. V —/- COMMUNITY DEVELOPMENT DEPARTMENT v Is..is ,c1 '_V A Se. 10 IS' t -` a ci: y�. Date Filed Fee Paid ov Acceptedq Type of Special Use Requested Amendment to the current conditions of approval to allow Sun Tech to occupy the Inn prior to final construction of the meeting facility. Address of Subject Property Zoning 13225 N. Eagle Ridge Drive R5-PUD Legal Description: Plat "CopperWynd" � �� Block Lot(s) CopperWynd 1 Applicant "CopperWynd" Day Phone A Sun Tech Development, LLC 480. 707-7750 Address ST Zip 8777 N. Gainey Center Drive; Ste. 239 s�cottsdale- AZ 85258 Owner Day Phone Same as Applicant same same Address City ST Zip Signature-of wner I HERBY AUTHORIZE(Please Print) Date Loc_.‘ .— ! _ -'� _ TO FILE THIS APPLICATION. _ ./ ? r ,1 ilbscribed and sworn before me this day of 19 My Commission Expires Notary Public (Seal) Please Provide the Following (attach additional sheets): 1. Mailing labels with names and addresses of all property owners within 300 feet of the external boundaries of the subject property. 2. 3 full size prints (preferably 24"X36") of the site plan showing minimum zoning requirements and the proposed development if the Special Use Permit is granted, as well as the exterior elevations. 3. 1 8.5"X 11" photostatic reduction of each of the above referenced exhibits. 4. Describe the proposed use, the operations of the use, and the facilities proposed for the land use. 5. A narrative describing any adverse impact the proposed land use may have on the surrounding properties and on the neighborhood and what steps will be taken to avoid these adverse impacts. kgTFH Case Number Schedule Attached Sugq - v6' FEE: $450.00 + mailing label costs' + CASE NO. SU 9tf' sign deposit# YR. NO. DATE SUBMITTED 64:2 V9c' 012,161FEE PAID '/5O �r�� �u�Tco� TOWN OF FOUNTAIN HILLS SPECIAL USE PERMIT APPLICATION Property Owner Name: Sun Tech Development LLC (Applicant) AddreSs(es): 9504 E. Sunnyside Drive, Scottsdale, Az 85260 Phone: (602) 451-4722 Address of Subject Property: CopperWynd - SWC of Palisades & SunRidge Legal Description: CopperWynd Plat Block Lot Current Zoning: R 1-6 Type of Special Use Permit Requested Alcohol service in restaurant Please Provide the Following (attach additional sheets): 1. Mailing labels, with names and addresses of all property owners within three hundred (300) feet of the external boundaries of the Subject Property. 2. 3 Full size prints (preferably 24' x 36' of: • Site Plan showing the minimum zoning requirements and the proposed development if the Special Use Permit is granted. • Exterior elevations. 3. 1 - 8.5' x 11° photostatic reduction of each above referenced exhibits. 4. Certification of Public Notice by Applicant (Sign Posting) 5. Described the proposed use, the operations of the use, and the facilities proposed for the land use. 6. Narrative addressing the following: A. Any adverse impact the proposed land use may have on surrounding properties, and on the neighborhood. iy B. What steps will be n to adverse impacts. � Ck� Si nature of Property Owner/A t ate 'mailing labels costs: $5.00 per label #525.00 per sign, refundable deposit • A' .$,N , \, -. AREA SUBJECT TO ZONE CHANGE REQUEST CI IF-ST CASITAS . ..\ ( .._`\��\`\l NMI SF-S00%F '\�•�': �V�'► ��� �� \ . ii - \ `\ _ PERMANENT OPEN SPACE •CASITA PARKING \ Ist +•'e1. .16\,\• \ ,�\• •• .• CLUB ENTRY =tT Lk. • �\\\.. LUXURY CONDOMINIUMS �:: ' {_• •* Jj� .'� ~` \`.•-• I600SF-2t00S► tr-' •4 V 4r� '(-,,\ ` ETACKto ouPlisEs MAIN CLUB FACILITY ,l t` i , - ��\ \�i IN UNITRK.RROILDINC 1 ( 1�/�yVy�• (�'%:�•��`^\'�Y �\ PF.RMANF.NTOPF.NSPACE • (15.000 SF•TWO STORY) 1 ' . . '; LL��>`��ca••�`��+ t�k \\� )I TYPICAI.IX/CATION OF TWO('AR • Ol'F.NNISfO11NT5 1 I, .n•. ,�1-'4 �1 •,.•� ATTA(lIF.D(%ANAGF.•PF.N UNIT • S(K'IAI.MN11. I . 4. �'1�• - • RASKE7'XAI.1. 1 \`• C. ®•e=r 1 ; MPH.T PARKING M OCCUR ON • RA('QIIFTRALI.I%QIIASII I •+..;', v'• 1C:�tii 6•-\\�t,1v - -A,? MIN.M'II IY( I'A\:CK iif)I . • FI 1'Ni\S rfy- Q \ ii, ANTI Al SELF('I F:D 1.IN"AIRISS • RESTAURANT �� a b•• +.�. .. C ��`�'•�� r �I -��F. '•-,t/,*), _ \ •. _ N'1'1111N PFRIT:N111('ULAN IM15. .`.$�t•:.tee p %k 7 /. ,..(' ..- • +� �_° (I.UR PARKING \ NV�Q\ ArY; 6 1•` • 1'iv�1!j:• �'�-''. •: �:1 �] SYSTEM sirRFE' A. y��'r hlrili o I�/ ww �� ��'' may'/ SYSTEM(t0'RUN') Icc V4e olio- Vt4re At'IN P♦IST•.•.T•.1 nn.L.•n1n..1 \,\e 11‘\`\t l , f • a 1ch-.. .�¢ *,- -,.i. ENTRY TO CONDOMINIUMS , 1 - AIRS. 7,4ss •i� l' / / . ll1`. Awn A 4 l i I f • 1♦ ` (; t� `11\� \A I vI. , �N �� p • .I��11 \ 1 .. TURN OF FOUNTAIN HILLS �1 7S v�.`RI71 I)y • . lir .b) 'D .► f• 1t A O / . ('ORPORATF.BOUNDARY TO ‘N.,,\:, -.. . 1" ` ). �•- CITYOFSCOTTSDALE \, \\, 0 44... ,„, - „ ,\ , • wart 11•nI1 T..11bRT 1 \ r "car• .,�, rI:Rn1ANENr 4) 1 • •\\\ ®� \I.,. ` V.\ \x•\ i'. OPF,N SPACE PROPOSED FUTURE EXTENSION OF i ' 4 , .rlt. ,l (. „ i . PALOMINO BLVD. 1 - •'-•w • 'zit. 1 � `"\. l ' 1 1 •'L ce ,1• . Y 1` 1•�1,�`l\\�• I ENTRY TO SINGLE FAMILY LOTS , 1 `\ ``�` , :"\] SIN(:I.F.FAMILY HOMES � ` j'((�,,,, \` ���I.11 1P♦ 611t10.7000 SF LOTS ( `��_j 1. •,t` \ • 7 '�`1,[ \• 1 AQ . \ ,..,. • . •,- / /, ., �' c� - ' " sr 0\--, -0 \ A _,i4.0 ....1 `\\ t *,'‘' • I >> \ • ,\ N - ,,� 1`\,\ .. STATISTICAL SUMMARY }` N\ ,• . ‘4...4 _ \ '' GROSS SIIT.AREA 46.79 100 \ 1 `may ANFA Al I OCATED FOR \\I • \ ' PNOCINFI)SFNI RT11NFi: ('.\SIT AS 0.5 1.0 (.\ \ —. TENNIS('OIIRIS II3.0 \ CONDOMINIUMS 4.5 !S III ICIUKV \\f^ AMISS r fir (we 1 ......... .......... TENTATIVE DEVELOPMENT PLAN 11=" rovzi[El 0 P P E R W Y N D -- TOWN OF FOUNTAIN HILLS MEMORANDUM L TO: The Honorable Mayor and Town Council THROUGH: Paul Nordin,Town Manager FROM: Geir Sverdrup, Senior Planner � DATE: September 10, 1999 SUBJECT: Consideration of an amendment to the existing"R-5 P.U.D." for Copperwynd to allow the condominiums to be a gated community. Sun Tech Development has requested an amendment of the existing "R-5 P.U.D." for Copperwynd approved by Ordinance 96-40, to allow "The Villas at Copperwynd Condominiums" to be gated. Please see the attached report for specific details. L L TOWN OF FOUNTAIN HILLS PLANNING AND ZONING COMMISSION REPORT September 16,1999 CASE NO.: Z99-19 LOCATION: South of SunRidge Drive.and west of Palisades Blvd. REQUEST: Consideration of a proposal to amend the existing P.U.D. for Copperwynd to allow the multi-family element to be gated. PROJECT MANAGER: Geir Sverdrup,Senior Planner DESCRIPTION: OWNER: Sun Tech Development L.L.C. APPLICANT: Sun Tech Development L.L.C. EXISTING ZONING: "R-5 P.U.D." SURROUNDING LAND USES AND ZONING: NORTH: SunRidge Canyon),zoned "R1-10A and OSR." SOUTH: Open space;zoned"OSR." EAST: Developed single family,zoned "R1-18." WEST:Undeveloped and unsubdivided;City of Scottsdale. SUMMARY: The original request by Sun Tech Development L.L.C. included a request to gate the multi-family element of the project and the staff report by then Community Development Director Gary Jeppson included discussion about a gated community. However the Ordinance prepared for the project did not specifically include language to permit the gates. This did not come to light until the applicant applied for a building permit to install the gates. At the direction of Community Development Director Jeffrey Valder the applicant has submitted the current application to amend the original ordinance to allow the gates. ZONING: The subject property is currently zoned "R-5 P.U.U.D.", in which the P.U.D. permits private streets, limits the number of units and their configuration, limits building height to 30 feet and limits the amount of hillside disturbance. A copy of the ordinance is attached to this report. EVALUATION: The multi-family element was always intended to be a gated community, it was only by omission in the Ordinance that specific permission was not granted. Staff supports this request to amend the Planned Unit Development for Copperwynd to allow the multi-family element to be gated community. P&Z Commission Report Z99-19,Copperwynd September 16, 1999 Page 2 PLANNING AND ZONING COMMISSION: Staff presented the fact that the original request intended the condominiums to be gated,and was so stated in the staff reports, however the specific authorization was not included in the approved ordinance. The Planning and Zoning Commission unanimously recommended approval of this request at the September 9, 1999 Commission meeting. Mr.Becker-Jones responded to questions from the Commission. RECOMMENDATION: After reviewing the case file, Z96-16 Copperwynd, and the reports to Commission and Council, the original submission by Sun Tech Development, L.L.C., Ordinance 96-40, and the staff report, the Commission recommends that the Town Council approve this rezoning request to amend the "R-5 P.U.D."for Copperwynd to allow a gated community. L L L) I MP,sttfSrk1 um 'in TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION TO AMEND ZONING TO ALLOW GATES AT ENTRY Date Filed I Fee Paid 0 R/4/90 /0/0 � 1 Accepted> �,07 i3y}� +✓ Location of Subject Property 9 14850 E. Grandview Drive LegalCopper Y tion:nd Plat Block Lots) Applicant/Owner D? R 3h Sun Tech Development, LLC 43O/]of-7750 Address 8777 N. Gainey Center Drive; Ste. 234 Scottsdale AZ I85258 Current Zoning Proposed Zoning General Plan Land Use Classification R5-PUD Proposed Land Uses Acres Units Gross Density Single Family Multi-Family 108 Commercial industrial dging Other 1. Describe the current water service serving the area. N/A 2. Describe water service infrastructure improvements needed to serve the area. N/A 3. Describe current sewer system serving the area. N/A 4. Describe the sewer system improvements needed to serve the area. N/A 5. Describe the existing street system that would provide vehicular access to the area. N/A 6. Describe any new streets needed or anticipated in the area or as a result of the proposed rezoning. N/A (Attach additional sheets if necessary) Page 1 of 2 TFH Case Number z 99- 9 ` TOWN OF FOUNTAIN HILLS REZONING APPLICATION (Page 2 of 2) Signature .-4wne Date \ 1 If apple ation is being filed by.an agent of the owner please complete the following: (Please prin I' , hereby authorize , as my agent to file this application. Subscribed and sworn before me this day of 19 My Commission Expires Notary Public (Stamp) ___ _ Please provide the following (attach additional sheets): 1. Two (2) complete sets of mailing labels with names and addresses of all property owners within 300 hundred feet of the external boundaries of the subject property. If necessary, additional sets of mailing labels may be requested by the Town of Fountain Hills. 3 full size prints (preferably 24"X 36") of the site and surrounding 300 feet showing the existing zoning wo5nd land uses. On File with the Town 3. Existing site plan with topography with one to five foot contours as determined by the Town of Fountain Hills. On File with the Town 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 2.01.8 of the Zoning Ordinance for the Town of Fountain Hills and/or requested by the Town of Fountain Hills. On File with the Town 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. On File with the Town 6. 1 8.5" X 11" photostatic reduction of each of the above referenced exhibits. On File with the Town 7. Title report verifying the applicant as property owner. On File with the Town Rezoning Fee: $1000 plus $5 for every mailing label submitted PUD Fee: $1000 plus $5 for every mailing label submitted cow TFH Case Number ORDINANCE 96-40 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS PURSUANT CHAPTER 2, SECTION 2.01, AMENDING "THE OFFICIAL ZONING DISTRICT MAPS" FOR 46.79 ACRES LOCATED SOUTH OF SUNRIDGE DRIVE AND WEST OF PALISADES BOULEVARD FROM "R1-6" TO "R- 5 PLANNED UNIT DEVELOPMENT #Z96-16" AND "OPEN SPACE RECREATIONAL". WHEREAS Chapter 2, PROCEDURES. Section 2.01, Amendments or Zone Changes. of The Zoning Ordinance for the Town of Fountain Hills establishes the authority and procedures for amending the zoning ordinance; and • WHEREAS The Town of Fountain Hills advertised with public notices of a size that were one- eighth page or greater in size, in the official newspaper of general circulation, The Times of Fountain Hills, on August 28, September 4, 11, 18, 25, and October 2, 1996, of public hearings held by the Fountain Hills Planning and Zoning Commission on September 12, 1996 and by the Fountain Hills Town Council on October 3, 1996, to invite comments from the public; and Ikw WHEREAS The 46.79 acre area located south of the SunRidge Canyon Development and west of Palisades Boulevard is zoned "R1-6": and WHEREAS The property owner, Sun Tech Development LLC, is seeking permission to construct a multi-family development project and a hotel on this property; and WHEREAS Sun Tech Development LLC, desires to have a zoning designation of "R-5 Planned Unit Development #Z96-16" on 28.6 acres and "Open Space Recreational" zoning on 18.19 acres; and WHEREAS There were no protests to this proposed rezoning action. NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Section 1. The Official Zoning Districts Maps is hereby amended to change the zoning district designation of the 46.79 acres of land to be known as Copperwynd Development from "R1-6" to "R-5 Planned Unit Development #Z96-16" and "Open Space Recreational" as shown_in Attachment "A" SAIL — 3 -5 i ;At, 4-- SECOND COUNT Section 2. Private streets are permitted on Lot #2 and #3 of the Copperwynd Development. Section 3. This rezoning action is contingent upon the following: 1. The preliminary plat must be approved by the Town Council (S96-029) 2. There shall not be more than 108 condominium units, in more than 27 buildings, with more than 4 units to a building on Lots #2 and #3 combined without the rezoning of the land. 3. The maximum building height be restricted to thirty (30) feet. 4. No more than 80 percent of the maximum allowable disturbance in the R1- 6 zoning district (40 percent of areas with a slope of 15 percent or greater and 100 percent of the areas with a slope under 15 slope) be permitted in this development, and at no time may more than 40 percent of the areas with a slope of 15 percent or greater, be disturbed. PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 3es.!L day of O( but 1996. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: 4 ).13 t Jerry iles, or Cassie B. Hansen, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Paul Atm:/?0:44..i L. Nordin, Town Manager illiam E. Farrell, Town Attorney /1.; // - � osa� ELL moo) ;'"'*�•I';wra...y.7 0,,,.�ip'.,rr..ni leld AJeulti!l181d t v i a = le*:r oa ww I..3 uar J ^'....... 1 e. ( N • • i • „, ` - • 0 i. • • • Ja1i . �` .: .1. , ;I •2:1 ..--•••:..‘ i;. , --... !f 7::Cil, - i try" IP.) i 4g )'' .:.....4.4 , 1 i,a‘tt ) k f • *.C;T;051:41'' .8.1 . • • . • f!, . ....//.1, .441 ipt.....? ..\, vs :. --..-1 ,. • . \. _ , ...- , ,..,. ,,,. 4. 'goy'', V %. . i,\\7, •• • • / ? 4 ( ;;* . .� . � . . • �.�i `o < _ / 0 s • •.. 1,. . . # 1.;..% sp, .r4 . , . • ' : �r: �,...� 1+#ate ..� . .,,, • . . „....Ii•: tIv El ma / 't -, .,7.)? • al o � . •tr. : d �; S '. . . . s, :..A \I,r.l. . 1 IP ' XIII illil— ° ....* . . I i -.., ,..\.k% ‘I A 1.:.(i(j..1:14..• ..•?..:,„:.• , .4144fie „at # • ...,.,„„ . _. . ; .. ,.. ;i , ,.;...• •gi trt. 13 1 x / -, /,.;, ,•„"= t• • t • - . 4_ ,,,,,7, . • ; . . , • it. 1..,, t .16.-,.A aW11111 Intligi .;• IS.:' I I •''..• ' s i ))„.:r.- p 1 . TOWN OF FOUNTAIN HILLS ORDINANCE 99-26 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 ORDINANCE 96-40 (COPPERWYND) OF THE TOWN OF FOUNTAIN HILLS BY AMENDING THE "R-5 P.U.D." ALLOWING "THE VILLAS AT COPPERWYND CONDOMINIUMS" TO BE A GATED COMMUNITY. 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 August 25, September 1, 8 & 15 1999. editions of The Fountain Hills Times, pursuant to Arizona Revised Statutes §9- 462.04, and WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission on September 9, 1999 and the Mayor and Common Council on September 16, 1999. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Section 1. Ordinance 96-40 of the Town of Fountain Hills Shall be amended to permit the "The Villas at Copperwynd Condominiums" to be a gated community PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 16th day of September, 1999. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Sharon Morgan, Mayor Cassie B. Hansen, Town Clerk REVIEWED BY: APPROVED AS TO FORM: ,,, Paul L. Nordin, Town Manager William E. Farrell, Town Attorney TOWN OF FOUNTAIN HILLS ORDINANCE 99-26 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 ORDINANCE 96-40 (COPPERWYND) OF THE TOWN OF FOUNTAIN HILLS BY AMENDING THE "R-5 P.U.D." ALLOWING "THE VILLAS AT COPPERWYND CONDOMINIUMS" TO BE A GATED COMMUNITY. 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 August 25, September 1, 8 & 15 1999. editions of The Fountain Hills Times, pursuant to Arizona Revised Statutes §9- 462.04, and Ly WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission on September 9, 1999 and the Mayor and Common Council on September 16, 1999. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: SQrtinn 1. Ordinance 96-40 of the Town of Fountain Hills Shall be amended to permit the "The Villas at Copperwynd Condominiums" to be a gated community PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 16th day of September, 1999. FOR TH TOWN OF FOUNTAIN HILLS: ATTESTED TO: /.2(A,u/_,J Sharon Morgan, Mayor Cassie B. Hansen, Town Clerk REV D BY• APPROVED AS TO FORM: aul L rdin, Town Manager illiam E. Farrell, To - Attorney PASS FAIL J V Q MOTION ^ SECOND rn6ha� Ww COUNT y-( Are, oo