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1999.1021.TCRMP.Packet
k t NOTICE OF REGULAR SESSION 0 OF THE 40 harisAiO' FOUNTAIN HILLS TOWN COUNCIL Mayor Morgan Vice Mayor Apps Councilwoman Wiggishoff Councilman Wyman Councilman Poma Councilman Mower Councilwoman Hutcheson WHEN: THURSDAY, OCTOBER 21, 1999 TIME: 6:30 P.M. WHERE: TOWN HALL COUNCIL CHAMBERS 16836 E. Palisades, Building B RULES FOR ADDRESSING THE COUNCIL—ADOPTED 1/18/90 is the Council's desire to hear public comment on agenda items. As it is important to maintain order during the meeting,please dhere to the following rules of order if you wish to speak: 1) All citizens wishing to speak must first be recognized by the Mayor. 2) The Mayor will not call for public comment on an item until after a motion has been made and seconded and the Council has had adequate opportunity to discuss the item. 3) Please stand,approach the microphone and state your name and address after being called on to speak. 4) All comments must be directed to the Mayor. 5) TIME LIMIT—THREE(3)MINUTES PER PERSON PER ITEM. 6) Statements should not be repetitive. 7) Persons or groups wishing to make longer presentations should see the Town Clerk prior to the meeting. • CALL TO ORDER—Mayor Morgan • PLEDGE TO THE FLAG— • INVOCATION—Pastor Mark Derksen New Life Christian Fellowship • 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 October 21, 1999 *1.) Consideration of APPROVING THE MEETING MINUTES of October 5, 7 and 13, 1999. (kil,r *2.) Consideration of RESOLUTION 1999-50 abandoning whatever right, title, or interest the Town has in that certain public utility and drainage easement located along the northerly property line of Plat 206, Block 7,Lot 15 (12206 Chama Drive) as recorded in Book 147, Page 2 records of Maricopa County, Arizona. EA 99-22 (John Burnard) *3.) Consideration of a LOT SPLIT of the 2.7 acre Lot 14, Block 9, Final Plat 203, aka 11436 N. Baron Drive, into two(2)lots, Case Number S99-015. *4.) Consideration of the FINAL PLAT for the FireRock Country Club Parcel "J-2" Subdivision, a 38.10 acre, 31 lot, 6 tract subdivision Case#S98-038. *5.) Consideration of the REIMBURSEMENT AGREEMENT between the Maricopa County Sheriffs Office and the Fountain Hills Marshal Department for the purpose of implementing the Universal Hiring Program. *6.) Consideration of the LIQUOR LICENSE APPLICATION submitted by Bruce Holbrook for the Texaco Star Mart located at 17125 East Shea Boulevard. The application reflects the change of ownership, name and involves replacing the existing Class 10 license with a new Class 10 license. *7.) Consideration of the SPECIAL EVENT REQUEST submitted by Ember Hartsock for the First Assembly of God Church located at 16239 East Ironwood. The request is for a Hallelujah Hoe Down to be held in the church parking lot on Saturday, October 30, 1999 from 3:00 p.m. to 7:00 p.m. No street closures are required. *8.) Consideration of the SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Kenneth Bowman for the American Legion Post 58 located at 16850 East Avenue of the Fountains. The license application is for a scholarship fundraiser to be held on Saturday, October 30, 1999 from 9:00 a.m. to 10:00 p.m. *9.) Consideration of the APPLICATION FOR EXTENSION OF PREMISE/PATIO PERMIT submitted by Kenneth Bowman for the American Legion Post 58 located at 16850 East Avenue of the Fountains. The Legion is requesting to temporarily extend their liquor license for a one day time period on Saturday, November 6. *10.) Consideration of the SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Kenneth Bowman for the American Legion Post 58 located at 16850 East Avenue of the Fountains. The license application is for a building fundraiser to be held in conjunction with the Fall Festival on Friday, Saturday (9:00 a.m. to 10:00 p.m.)and Sunday (10:00 a.m. to 10:00 p.m.),November 12 through 14, 1999. 11.) PRESENTATION of a plaque of appreciation to Tom Fox for his service on the Planning and Zoning Commission. 12.) MONTHLY REPORT presented by Magistrate Stuart Shoob. 13.) Consideration of FORMULATING A COMMITTEE to examine and review various traffic issues and conditions in the community and reporting back to the Council with possible recommendations. 14.) PUBLIC HEARING on Resolution 1999-51 amending the General Plan for the northwest corner of Palisades Boulevard and LaMontana Drive by changing the General Plan Land Use designation from MF/M (Multi- Family Medium)to C/R(General Commercial Retail), Case Number GPA99-02. Town of Fountain Hills Page 2 of 3 Last printed October 15, 1999 3:23 PM Town Council Meeting Agenda Regular Session October 21, 1999 15.) Consideration of RESOLUTION 1999-51, amending the General Plan for the northwest corner of Palisades Boulevard and LaMontana Drive by changing the General Plan Land Use designation from MF/M (Multi- Family Medium)to C/R(General Commercial Retail), Case Number GPA99-02. 16.) PUBLIC HEARING on ORDINANCE 99-29 rezoning the northwest corner of Palisades Boulevard and LaMontana Drive by changing the zoning classification from "R-3" Multi-family Zoning District to "C-2 P.U.D"Intermediate Commercial Zoning District with a Planned Unit Development restricting uses, amending the maximum building height,and sign regulations, Case Number Z99-15. 17.) Consideration of ORDINANCE 99-29 rezoning the northwest corner of Palisades Boulevard and LaMontana Drive by changing the zoning classification from "R-3" Multi-family Zoning District to "C-2 P.U.D" Intermediate Commercial Zoning District with a Planned Unit Development restricting uses, amending the maximum building height, and sign regulations, Case Number Z99-15. 18.) Consideration of ORDINANCE 99-31 amending Article 12-2-2.0 Traffic Control Devices; Speed Limits of the Town Code of the Town of Fountain Hills to reduce the speed limit on Del Cambre Avenue from Grande Boulevard to Calaveras Avenue from 30 MPH to 25 MPH. 19.) Consideration of a CHANGE ORDER to increase the emulsion seal contract by $68,000. 20.) Consideration of RESOLUTION 1999-52 adopting the recommendation of the Fountain Hills McDowell Mountain Preservation Commission and establishing additional lands for the Fountain Hills McDowell Mountain Preserve. 21.) Consideration of RESOLUTION 1999-53 declaring a public need and necessity and a public purpose; authorizing and directing the Town Manager, Town Attorney and Town Clerk to take any and all action necessary and to sign any and all documents, and to pay any and all costs or fees in order to acquire real and/or personal property through gift, purchase, or eminent domain; identifying the real and personal property as open space or open areas; and declaring an emergency. 22.) Consideration of ORDINANCE 99-30 to amend Articles III and V of The Subdivision Ordinance of the Town of Fountain Hills to clarify the maximum street grade of hillside local roads and to clarify the methodology by which "preservation requirement" and "disturbance allowance" are calculated 23.) CALL TO THE PUBLIC Public comment is encouraged but please be advised that the Council has no ability to respond or discuss matters brought up during the Call to the Public as such discussion is prohibited by the Arizona Open Meeting Law. 24.) ADJOURNMENT. DATED this 15th day of October, 1999. By: 6.444-:Q5 Cassie B. Hansen,Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice)or 1- 800-367-8939(TDD)48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting. Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office. L Town of Fountain Hills Page 3 of 3 Last printed October 15, 1999 3:23 PM MEMORANDUM TO: THE HO 1 ' BL c YOR AND TOWN COUNCIL FROM: PAUL L. ��1 " � OWN MANAGER DATE: OCTOBER 15, 1999 RE: MANAGER'S REPORT FOR THE OCTOBER 21sT COUNCIL MEETING Reminders: There are two public hearings on this agenda. A Council Executive Session is on the calendar for Tuesday, October 19a' at 6:30 p.m. in Conference Room C,Town Hall. We apologize for your inconvenience this week due to the cancelled dinner meeting with the Scottsdale Council. Both Mayors are working together to target another date for this dinner, probably in January 2000. (bre Don't forget the Mayor's Chat scheduled for next Saturday, October 23rd, at 10:a.m. in the Council Chambers. CONSENT AGENDA: There are ten items on the consent agenda. Please review each item and contact me should you determine any should be removed. Please note: Consent Item #5 has not been completed as of this distribution. This material will be distributed to you early next week. AGENDA ITEM# 11 - AWARD PRESENTED TO TOM FOX: Mayor Morgan will present to Mr. Thomas Fox, outgoing member of the Planning & Zoning Commission, a plaque of appreciation for his service on the Commission. AGENDA ITEM# 12 - COURT ACTIVITY REPORT: Magistrate Stuart Shoob will give his report on the court's activities for the month of September 1999, including a year-to-date update. The Court's report will be provided to you fikar prior to Thursday's meeting. Town Manager's Report October 21,1999 Council Meeting Page 1 of 3 AGENDA ITEM# 13 - FORMATION OF A TRAFFIC REVIEW COMMITTEE: Councilman Mower has requested this item be placed on the agenda to discuss a Town traffic �r review committee. Council will consider the formation of a committee to study and recommend traffic standards. Please see Pen's attached memo. AGENDA ITEM# 14 &# 15 - PUBLIC HEARING/RESOLUTION 1999-51/ AMENDMENT TO GENERAL PLAN LAND USE DESIGNATION AND AGENDA ITEM# 16 & # 17 - PUBLIC HEARING/ORDINANCE 99-29/REZONING OF NW CORNER OF PALISADES BLVD. AND LAMONTANA DR.: A public hearing is scheduled to receive comments regarding a change to the General Plan Land Use designation from Multi-Family (R-3) to General Commercial/Retail (C-2). Council will consider amending the General Plan land use designation of the parcel located at the northwest corner of Palisades Blvd. and LaMontana Dr. The second public hearing scheduled will allow input regarding the rezoning of this parcel. After the hearing, Council will consider the rezone of the 2.023-acre property. The Planning and Zoning Commission unanimously recommended denial of this application. However, staff has recommended approval if certain stipulations are met. Please see Geir's report. AGENDA ITEM# 18 - ORDINANCE 99-31/REDUCTION OF SPEED LIMIT ON DEL CAMBRE AVENUE: Information concerning this agenda item will be provided by Bill Farrell early next week. AGENDA ITEM# 19 -EMULSION SEAL CONTRACT CHANGE ORDER: Staff is requesting a change order to our current contract for the application of emulsion seal. This is part of the Town's street maintenance program. An amount of$68,000 is required to perform the additional work before the contract expires. By using this method, the Town will save dollars and the total budget will not be exceeded. Staff recommends approval. Tom's report is attached. AGENDA ITEM#20 - RESOLUTION 1999-52/MOUNTAIN PRESERVE: Town Attorney Bill Farrell will have this information available for your review early next week. AGENDA ITEM # 21 - RESOLUTION 1999-53/AUTHORIZING TOWN MANAGER, TOWN ATTORNEY,AND TOWN CLERK TO TAKE ACTION: Bill Farrell will also provide the above material to you next week. Manager's Report October 21,1999 Council Meeting Page 2 of 3 AGENDA ITEM#22 - ORDINANCE 99-30/CLARIFY MAXIMUM STREET GRADE: Loy This agenda item concerns the addition of language to the subdivision ordinance for clarification of preservation requirements and disturbance allowances for subdivisions having slopes greater than ten percent. The Planning and Zoning Commission unanimously recommended approval of this item. Staff also recommends approval. Jeff s memo is enclosed. L Manager's Report October 21,1999 Council Meeting Page 3 of 3 4111w Interofice Memo To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATIO Date: October 15, 1999 Re: AGENDA ITEM #6—TEXACO STAR MART LIQUOR LICENSE AGENDA ITEM #7— FIRST ASSEMBLY OF GOD SPECIAL EVENT AGENDA ITEMS #8, #9, AND #10—AMERICAN LEGION SPECIAL EVENT LIQUOR LICENSES AND EXTENSION OF PREMISE AGENDA ITEM #6— LIQUOR LICENSE APPLICATION FOR TEXACO STAR MART Bruce Holbrook has filed an application for a Class #10 Beer and Wine liquor license for the Texaco Star Mart,located*.171.25 East Shea Boulevard. This new license will replace the existing Class 10 license that was issued to former owner, James Joseph Beaulieu, for the the Roadrunner Depot. New t" nership and the name change from Roadrunner Depot to Texaco Star Mart are both reflected in the application. :.The premise has been posted for the statutory twenty-day period and no written pro or con arguments have been received at Town Hall. Marshal Gendler has performed his investigation and has forwarded-a favorable fr commendation. Staff recommends approval. AGENDA ITEM #7— FIRST ASSEMBLY OF GOD SPECIAL EVENT REQUEST Ember Hartsock, on behalf of the First Assembly of God Church, has submitted a special event request'for a HallelujahaHcoe'Down to be held in the church parking lot on October 30, 1999 from 3 00,, m.,t 7:00 p.m. The church, located at 16239 East Ironwood Drive, held a similar event last year provide.their congregation with an alternative to Halloween. The family oriented event consists of carnival type games, prizes and candy for the children. Last year, approximately 250 attended the event, coming and going during the four hour duration. Mrs. Hartsock and Pastor Scott VonLanken met with Marshal Gendler, Pat Harvey and me to discuss traffic and parking issues. While there were no problems or complaints last year, staff made some suggestions to increase traffic and pedestrian safety. Please refer to Steve's attached memo for a detailed description of the plan. Event organizers also agreed to send written notification to all Page 1 of 2 Staff Report for 10/21/99 Meeting Last printed October 15,1999 3:41 PM October 15, 1999 Ironwood residents notifying and inviting them to the event. A copy of that letter is included in the packet. Staff feels that the applicants are very willing to do whatever is requested of them to insure a safe, successful event with minimal impact upon their neighbors. A certificate of insurance naming the Town as an additional insured is on file. Staff recommends approval. AGENDA ITEMS #8, #9 AND #10 —AMERICAN LEGION SPECIAL EVENT LIQUOR LICENSE AND EXTENSION OF PREMISE REQUESTS These three items are being covered together since they all involve the same applicant and location. Kenneth Bowman, on behalf of the American Legion Post 58, has submitted three applications as outlined below: Special Event Liquor License Saturday, 10/30/99 9:00 a.m. to 10:00 p.m. Extension of Premise Permit Saturday, 11/6/99 Normal operating hours Special Event Liquor License Friday, Saturday, 11/12,13 9:00 a.m. to 10:00 p.m. Sunday, 11/14/99 10:00 a.m. to 10:00 p.m. The Legion, located at 16850 East Avenue of the Fountains, has requested the two special event liquor licenses for building and scholarship fundraisers. While the special event liquor license is in effect, the Legion's Class 14 Club license is temporarily suspended. The special event license allows them to serve cy the general public rather than members and guests only. The three day application coincides with the Fall Festival and the requested hours of operation reflect what was approved last year. The extension of premise permit will allow the Legion to temporarily extend their Class 14 Club license to the courtyard and fenced area adjacent to the north side of the building. This permit will only allow them to serve members and guests. All three requests use the same fenced area that has been used on previous occasions and security will be posted at the entrances to ensure that no alcohol leaves the site. Marshal Gendler has performed his investigation on all three applications and has forwarded a favorable recommendation on all requests. Staff recommends approval of all three requests. (69 MEMORANDUM Chron 260 CORRECTED MEMO AND RESOLUTION TO: Honorable Mayor and Town Council FROM: Art Candel•ria, Engineer/Plan Review REVIEWED: To rd, \cting Town E 4 THROUGH: Paul is • Town Manager DATE: Octo r 19, 999 RE: Easement Abandonment 99-22; Resolution 1999-50 12206 Chama Drive Plat 206, Block 7, Lot 15 This item on the Town Council's agenda is a proposal to abandon the ten (10)foot public utility and drainage easements located at the westerly property line of Lot 15, Block 7, Plat 206, (12206 Chama Drive). The property owners of Lot 15 desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. Staff has received no comments to date from the adjacent property owners. The southerly 20' of the westerly 10' public utility and drainage easements will be retained for existing and potential future utility boxes. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 15 are required to pass the developed flows generated by the upstream lots across their property. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. Staff recommends adoption of Resolution 1999-50. cc: Daniel Prpich Carol Shult G:\Easement Memo\EA99-22,Bumard,Plat 206,Blk 7,Lot 15.doc When recorded, return to: ,,.ngineering Department Town of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 1999-50 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 WESTERLY LOT LINE OF LOT 15, BLOCK 7, OF PLAT 206, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 147 OF MAPS, PAGE 2, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real property located in the Town of Fountain Hills, may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, The Town Council of the Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, All present utility companies have received notification of the proposed abandonment; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That the certain ten (10)foot public utility and drainage easements, located along the westerly property lot line of Lot 15, except for the southerly (20) feet of the 10' westerly public utility and drainage easement, of Plat 206, Block 7, Fountain Hills, Arizona; as recorded in book 147of maps, page 2 records of Maricopa County, Arizona; are hereby declared to be abandoned by the Town of Fountain Hills. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 15 are required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting therefrom or existing previous to any action by the Town. flikw Resolution 1999-50 Page 1 of 2 (PASAIL MOTION SECOND S COUNT _p 4SSED AND ADOPTED this 21 n day of October 1999. ATTEST: FOR T E OWN OF FOUNTAIN HILLS aillICAll )14/v.A., Cassie B. Hansen, Town Clerk Sharon Morgiltre..7 REVI f .ID BY: APPROVED AS TO FORM: / ,7//1,c-Lit,ibt,/v: c --L-f' 6.-.t..t,,&i ':..1-- 'aul L. or in, Town Manager William E. Farrell, Town Attorney L Resolution 1999-50 Page 2 of 2 '-) CI �• V �\ I Jig ,� � l •l • ,` v �' -va- 1 . v .Q ' o.\\ . t 10 o k . .1 n Q •.L1 . N. ca'l!/r,s A.? �J ;ram •,-,.,c, .., , _CC- 1 . 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' `'-e., \ • h, '1i o 1 /b „i. <ar �;-F 9 v Z )oN a \ , 1¢,3 9 oz - i'-d ct- 0- ,.\ 0'<a^� �- `!' = ,�:3 - c t r• �� r ss og e y ,.1 ‘04,g, - , , -,k,. .9 •;:i. $//) b it cy, ( ,,, A 4-: 1.2-Y,A Sta.,' ' . . r c.I' i I Ck Na• '% '4....6-e7• - — '01S bh - .%':' --7 ' ,:-.1 cs. ..\1:114 . 00 iv O ,D�o y )\..•4.!1.,),, •e',;e p. 2 Z 1 00:al Q ` i\ Q c P L. 4 � �' - o1 0 0 .05 r y 1 N < �, 4 F� 9 0 . O ,0 o 1' i3� B�D N 44 •� ti� ti — o� •t 7 %1hN TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner ' DATE: October 15, 1999 SUBJECT: S99-015; Final Replat for "Lots 14-A & 14-B, Block 9, Fountain Hills, Arizona Final Plat No. 203", a lot split project . This is a request for Preliminary and Final Plat approval of a lot split located at 11436 N. Baron Drive. Planning & Zoning Commission recommend approval of the preliminary plat and Staff recommends approval of the final plat. Please refer to the attached Planning and Zoning Commission & Staff report for additional details regarding this request. If you should have any questions, I can be reached at 816-5138. L TOWN OF FOUNTAIN HILLS PLANNING &ZONING COMMISSION AND STAFF REPORT OCTOBER 21, 1999 CASE NO: S99-015 LOCATION: 11436 North Baron Drive aka Lot 14, Block 9, Final Plat 203. REQUEST: Consider approval for the Preliminary and Final Replat of "Lots 14-A & 14-B, Block 9, Fountain Hills, Arizona Final Plat No. 203", a lot split project. DESCRIPTION: OWNER: Paul & Shirley Kudel APPLICANT: Paul & Shirley Kudel EXISTING ZONING: "R1-18" EXISTING CONDITION: Vacant; 118,064 sq. ft. (2.71 acres) SURROUNDING LAND USES AND ZONING: NORTH: Single family; zoned "R1-18" SOUTH: Vacant: zoned; "R1-18" EAST: Single family; zoned "R1-18" WEST: Single-family; zoned "R1-18" 411, SUMMARY: At the October 14, 1999 Planning and Zoning Commission meeting the Planning Commissioners recommended approval of this lot split with a 6-1 vote. This item was continued from the September 9, 1999 Planning and Zoning Commission meeting. Chairwoman Fraverd and Commissioners voted unanimously to continue this item pending the submittal of a conceptual site plan for lot 14-B, showing the developability of this lot. Please refer to the conceptual plan attached as requested by staff and the Commission. This request is for preliminary and final plat approval of a Replat for "Lot 14, Block 9, Final Plat 203" which is a lot split project. The applicants, Paul & Shirley Kudel, propose to create lot 14A, 46,422 s.f., and lot 14B, 71,642 s.f. providing the Town of Fountain Hills with a total Hillside Protection Easement of 96,246.5 square feet (2.2 acres). Due to the simplicity of this request a two week review process was allowed. The following agencies submitted the following comments: Chaparral City Water Co.: Customer will add additional 1"water service prior to recordation. Enaineerina Department: Flood zone restricts this subdivision to two lots opposed to the original proposal of three lots. Sanitary Department : Customer will have sewer service provided to both lots prior to Final Plat recordation. Community Development Department: Staff Report S99-015 2 of 2 The proposed lot split is in compliance with the existing "R1-18" zoning and conforms to the regulations of The Subdivision Ordinance of the Town of Fountain Hills including the Hillside Protection regulations. The applicant proposes to utilize the "Hillside Transfer and Protection" option, preserving approximately 96% of the 0 to10% slope areas, 70% of the 10 to 20% slope areas, 81% of the 20 to 30%slope areas, and 99.5%of the >30% slopes. The applicant has chosen to transfer 89.57 s.f. of the unused 291.55 square feet of the 20-30%slope area to the 10-20% disturbable slope area. RECOMMENDATION: The proposed lot split is in compliance with the regulations of The Subdivision Ordinance of the Town of Fountain Hills and The Town of Fountain Hills Zoning Ordinance. The Planning & Zoning Commission recommend approval of S99-015; "Preliminary Plat of Lot 14-A & 14-B, Block 9, Fountain Hills Arizona Final Plat 203" and Staff recommends approval of the Final Plat with the following stipulations : 1) That water and sewer service be constructed prior to recordation of the Final Plat. 2) That a note be added to the Final Plat stating " Sewer service to either lot governed by kir requirements of the Fountain Hills Sanitary District." L ../ �OJrTAt'V&� TOWN OF FOUNTAIN HILLS 1•47.7.40 COMMUNITY DEVELOPMENT DEPARTMENT Date Filed I Fee Paid L Jt _ Accepted By Plat Name/Number GOO PLAT Jo31 Sivctt 9 LOT / y Parcel Size el 17 /k secs Number of Lots Number of Tracts - 3 / Zoning ...APGeneral Plan Land Use Designation ZesaL"Pl ot/ — 5,e..j 4 '.M:/! Density Requested (Dwelling Units Per Acre) Applicant Day Phone Pa it/ gar/:rk y tot de/ Address S �3k 033� City ST Zip il v 35V RI/ 5A AU 'filly-* / , %�� ►1 A//G 4 z ner s��j, Day Phone Pa / )4 iLr/t &it eV Address / City O3•3� /�►3.5 E. P l stJam, old '�J/-4o/ L Zip '!0. witgit 4Z #3;41 Attachments (Please list) Sign Date re of Owner I HERBY AUTHORIZE (Please Print) cetael 4,4,Lez, (/.. aQ-l—� TO FILE THIS APPLICATION. Subscribed and sworn before me this day of , 19 My Commission Expires Notary Public (Seal) FSchedule Attached TFH Case Number O99 —ors' ?allow§i ;6 it- is.a ir4WA 1 wpm kiiiime, RE :pi gig . 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T1VM '138 3 f co w...d Qp: J Q - / El- N Z / : m 94.55' �60 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin,Town Manager FROM: Geir Sverdrup, Senior Plan (--' --" - M DATE: October 14, 1999 SUBJECT: Final Plat for FireRock Country Club Parcel "J-2" (S98-038). Please find attached staff report for the FireRock Country Club Parcel "J-2". The preliminary plat was approved, by the Town Council, on December 17, 1998. Please refer to the attached staff report for additional details regarding this request. L. TOWN OF FOUNTAIN HILLS STAFF REPORT October 21, 1999 CASE NO.: S98-038 LOCATION: North of FireRock Country Club Drive, located within the Fire Rock Country Club Area Specific Plan. REQUEST: Consideration of the Final Plat of FireRock Country Club Parcel "J-2" Subdivision, which is a 38.10 acre, 31 lot, 6 tract subdivision. DESCRIPTION: OWNER: Fire Rock L.L.C. APPLICANT: Dan Kelly for Fire Rock L.L.C. EXISTING ZONING: "R1-35 P.U.D." PARCEL SIZE: 38.10 Acres PROPOSED NUMBER OF LOTS: 31 lots,6 tracts SURROUNDING LAND USES AND ZONING: (lir,,, NORTH: Vacant, zoned"OSR P.U.D." (F.C.C.A.S.P.) SOUTH: Vacant, zoned "R1-35 P.U.D." (F.C.C.A.S.P.) EAST: Vacant; zoned "OSR P.U.D." (F.C.C.A.S.P.) WEST: Vacant,zoned "OSR P.U.D." (F.C.C.A.S.P.) SUMMARY: This request by FireRock L.L.C. is for approval of the Final Plat for the FireRock Country Club Parcel "J-2" Subdivision located north of FireRock Country Club Drive. The following staff report will review several aspects of the project, including the following: 1. A review of the FireRock Country Club Area Specific Plan, and the development's conformance with this plan. 2. The subdivision's design and its conformance with the Subdivision Ordinance and the Zoning Ordinance. Conformance with Fire Rock Country Club Area Specific Plan: The adopted General Plan Land Use Map was amended by GPA 97-01; Fire Rock Country Club Area Specific Plan. This area was designated for "Single-Family/Low" density land uses, with a unit range of 39-78 units and a proposed unit count of 32 units. Parcel "J-2"proposes 31 lots. The Planning&Zoning Commission Report; S98-038 &CFW98-02 FireRock Country Club Parcel "J-2" December 17, 1998 Page 2 proposed preliminary plat is in conformance with the FireRock Country Club Area Specific Plan and the adopted development agreements. After staffs review of the proposed Preliminary Plat Fire Rock Country Club Parcel "J-2" Subdivision, the required improvement plans and the FireRock Country Club Area Specific Plan, staff believes that the proposed subdivision is in conformance with the FireRock Country Club Area Specific Plan. Subdivision Design GENERAL DESCRIPTION: The topography of the property for Parcel "J-2" is sloping hillside with areas of moderate to severe slopes, (exceeding 25%). Slopes of 20-30% and 30%+ are predominate in the proposed subdivision. There are few areas of less than 10% and 10-20% slopes, these are located in lots 1-5 and lot 14. The subdivision proposes two new cul-de-sac street off of the future FireRock Country Club Drive. All of the lots meet the "R1-35 P.U.D." zoning district's lot dimension requirements, including those for size and lot width. GRADING: The proposed subdivision complies with the Land Disturbance Standards of the Supplemental Development Agreement for FireRock Country Club. The applicant is providing projected disturbance limits on a lot by lot basis. The Supplemental Development Agreement for FireRock Country Club allows the applicant to provide the required amount of non-disturbance required by the subdivision ordinance in any slope category. Therefore the applicant has conducted a hillside analysis by slope bands and has determined the amount of required preservation. This amount will be distributed on each lot on the Final Plat. The numbers provided by the applicant are their current projected allocations for the disturbance area's lot by lot. Current projections for disturbance in Parcel "J-2" are below the allowable disturbance limits. The on and off-site subdivision improvements will be shown on forthcoming improvement plans and their construction will be required to be assured prior to Final Plat recordation. ISSUES: Offsite improvements, including landscape plans were submitted by FireRock L.L.C. and reviewed by staff. There are no major outstanding issues on Parcel `J-2". All remaining redlines and comments are minor informational items and will be corrected prior to recordation of the plat L Planning&Zoning Commission Report; S98-038 &CFW98-02 FireRock Country Club Parcel "J-2" December 17, 1998 Page 3 Preliminary Plat: The Planning and Zoning Commission reviewed and recommended approval of the preliminary plat at their December 10, 1998 meeting. The Town Council approved the preliminary plat at their December 17, 1998 meeting. Recommendation Based on the FireRock Country Club Area Specific Plan land use designation, the current zoning, and the proposed subdivision design, staff recommends that the Town Council approve the Final Plat for the FireRock Country Club Parcel "J-2" subdivision subject to all redlines remaining on the improvement plans and drainage report be corrected prior to recordation. • ; TOWN OF FOUNTAIN HILLS -44.,,;* COMMUNITY DEVELOPMENT DEPARTMENT Date Filed Fee Paid CYO Accepted lb September 23, 1998 990 / Plat Name/Number Parcel J-2, FireRock Country Club Parcel Size Number of Lots 39.37 acres 32 Number of Tracts Zoning Four _ R1-35H-P D General Plan Land Use Designation SF/L 1-2 Density Requested(Dwelling Units Per Acre) .81 Applicant Day Phone IV1O Properties Inc. 602/837-9660 Address City ST Zip 16838 E. 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I-, 4q g Rim to A ,u ; ' \ *a £ig ell.:a*t i i ist R A s »l ' aka:6 IL £ N - £ ,i i i i" - Y FIREROCK NOT FOR CONSTRUCTION PARCEL J-2 (I a # '' Y ' OR RECORDING .A./ r R NIro � �:$ FINAL PLAT �` ; ;n. 1 1 I \ 1 \ �i — • — / �1/7 tea � / \ I 1 //././"... , \ \ J //417/Q / ; g).„?\ / ' to fritIS;e 0\ \•.A 4/ / .4 a zi ; II ( ' ~s Z+ao r \\ ,//��J '�� J 7 \\ mi \ \ "',, *sue fri _ qa3c�' - S -0 ....,,,,l.,,,,, N\ \\ 4-44", i ,q \ I •1 -N% \,� V II n 1 11141 111 111 1101 111! prig' \ co \ \ ,r h h j n-n l 0lk1 +l °4+41 V-11 4:th riac icici�ici:ic �. ie :�cr I r 077,71044,011,14M1111011M19111 WW1 !!!:!!!!!!!!0: !!!!!!!17, i 11111MI17 WIT fII N 01111, FIREROCK / � '" . .p PREUMNARY 4- = NOT FOR CONSTRUCTION '�I Es a 2 . = OR RECORDING PARCEL PLAT `= , r• Q r r v� 'o 6 3 :S FNAL �� III g' \ • \ \ \ \\ GOLF COME F. \_ \ Ml 4. sa' X \ \ ig A aillIllIllIllkT \ o \ \ iii \ + x,er \ Imo.y�? ,,y ♦• \ NU Ott. Eq1a{ a e 18 of 11tzl •`E . tly I; - y ,sue � V 111111IA1'II11�y14114..1'�1111IIllirl11I.1 1' �' CackCra iagia `Eimos. Caa csalatccF kgram ( i RIMMOM1�1`�1 M�r111**I1�� I�I��M1���11M1lAA�riis_r_ •; D — f h..rF.H r rr(i 6. ::wh..4r 6. rFrr?�.rr.r2rr.2:' �: �' I 0 s.'. ,- �'` W * 11 111 IMPITII 1 M11A�1111�111■�111 �- s O, t .c i c rrrrL'ac r ga gr Ear .cg'ILcr&rr&ar"rccwc 7t• I I �'' 1 ���1 1 1� 1��� 1*I�1 1� ��111 11�A1 I z s• c r ac err 'cr r `ar'cGcraicr.c�r.rr IIIIIiir b II' '1 F \ C1z\\ �"°�^f"'=P'"'fi Efs u��Egi Efi��2CGC'�xl�i� rn9°L rcc,iCrc ����� c�2 {cr x"��tCr � rrc rrcccE 1 7,2 a i 5.4 101'\ tk- . 111111 I `C�5l 71 rir i E •- K YYIk �.i:it , Ill Y OEM LEL Mr ` ,1 e• xz, dira0 i , l 'll 1". '' 0 ,pyv.tr " _ µ g ^ boy 8 o Q 15 I y $I: Er8t l !; i 'Mill NARY FIREROCK �_- �_ sNOT FOR CONSTRUCTION+ IPARCEL J-2 � �. �• ~111 • OR RECORDING r! Q VII IIaY! FltAl PLAT o, P y4 \\\ / / Nz ER \ \ \ *% a \ \ \' \ \\ \ \ \ %� \ \ \ \ • \ \ D \ 1 tZ I!; IS r \\ \\ tvi y I I"4i \ \ \ \ € N--1 \ \ vv 4 \ \ \ t �v *Sy \ \ Y \ \ I I I 4o, 4 *I, •sue\ rc. \ J \\' \`,. ..,-,, aunts` \\. I II \ �\ \ , 1� _______ I II _ / --\ �\ II ' 6.1 \ \\ I \\\\\ R g I te \ \ T ., Icccilifill9;;;;;;;;;119; cctcaccctcrclic ►� iicg�� NI i 11 !Efill"071TOTITIIT r' ' {i :t:i. 46.'ar4L k L'r'r 16! a mi2i t t.t.t.. =Li' - g -4IL) ! u _a c �grE l ' C .i cw rE i ig< 2 gelF L► g Lir !!il;i8i a Ir1.• e - g€ ° � NARY FIREROCK 1 _ eIr + NOT FOORRC OSTRUOCTON PARCEL J-2 ','l Z 19.. * p RV l4 4` :t _ FNAL PLAT .g rS 4{-1- 5° -l-D — �Lx�c -c ► o—a-a —55 REIMBURSEMENT AGREEMENT This agreement made by and between the Town of Fountain Hills and Maricopa County for and on behalf of the Town Marshal of the Town of Fountain Hills and the Sheriff of Maricopa County. 1. The Maricopa County Sheriff's Office agrees to designate two sworn law enforcement officers employed by them to participate in the Universal Hiring Program. The officers will assist in community policing services within the Town of Fountain Hills. 2. The Town agrees to reimburse the County for each peace officer's current salary plus employee related expenses for the duration of this agreement. It shall be the responsibility of the County to ensure that all claims for payment are submitted to the Town in an accurate and timely manner. Payment by the Town to the County shall be on not less than a quarterly basis. Should either officer incur any overtime then said overtime payments shall be solely the responsibility of the County. 3. This agreement does not contemplate that either party to the agreement will pay or charge any more than the requirements set forth in Paragraph 2 above. 4. The issue of workers compensation shall be determined by appropriate state law, specifically A.R.S. § 23-1022.D. 5. This letter agreement and understanding shall be interpreted under the laws of the State of Arizona and particularly is subject to the provisions of A.R.S. § 38-511. 6. Either party to this letter agreement may cancel the letter agreement upon thirty (30) days written notice to the other party. Notice of cancellation shall be sent by first class mail to the Town of Fountain Hills at the following address and to the Maricopa County Sheriff's Office at the following address: Fountain Hills Town Marshal Maricopa County Sheriff's Office 16836 E. Palisades, Building C 100 West Washington, 19th Floor Fountain Hills, AZ 85269 Phoenix, AZ 85003 L 1 • 7. The Town understands that any and all obligations to the County will be honored 41119 up to and including the thirtieth day after receipt of the notice of cancellation. It is the intent of the parties that this letter agreement shall remain in full force and effect so long as each party budgets funds necessary for the continuation of the agreement and that funds necessary to carry out this agreement have been budgeted in the current fiscal year budgets of each of the party's budget. MARICOPA COUNTY: TOWN OF FOUNTAIN HILLS: Joseph M. Arpaio, Sheriff Steve Gendler,Marshal Attest: Clerk Cassie Hansen,Town Clerk Approved as to form: County Attorney William E. Farrell,Town Attorney L 2 Fountain Hills Memorandum TO: Cassie Hansen FROM: Steve Gendler, Marshal DATE: September 1, 1998 SUBJECT: Liquor license application- Roadrunner Depot The purpose of this memorandum is to endorse the attached liquor license application and forward the results of my investigation. It is my understanding that this item will be reviewed by the Council at their October 21st meeting. Investigative facts: This application is for a new class 10 liquor license reflecting the change in ownership at the "Roadrunner Depot", 17125 E. Shea Boulevard. Under the provisions of the Arizona Revised Statutes, Title 4, a class 10 is a non-quota license, leaving the question of proliferation up to local entities. A class 10 license, according to ARS 4-206.01, which is generally issued to convenience stores and allows only sale of beer and wine for consumption off the premises. This is further defined in R19-1-209 which specifically prohibits alcohol consumption from open containers on the premises. The liquor department requirements for a series 10 license do not put a formal restriction on the number of nearby retailers, bars and restaurants. Rather, they leave the decision on proliferation of liquor sales outlets to local jurisdictions. A class 10 license is not exempt from the 300' rule regarding churches and schools, however, there are none in the immediate area. The "Roadrunner Depot" will be converted to corporate ownership and become a "Texaco Star Mart". The corporate officers, as listed, are all residents of Texas. Under Arizona Revised Statutes, 4-202(a), the agent making application is required to be an Arizona resident. We have verified that Mr. Bruce Holbrook, the applicant, is a resident of Mesa. In addition, he has no outstanding wants or warrants which would prohibit him from holding the license. Finally, the Corporation, doing business as Texaco, has secured a valid Fountain Hills business license #2911 valid through 9/30/2000. Recommendation: Based on the fact that this license would replace an existing class 10 approved by the Council on February 15, 1996; that the business holds a valid license from the town; that application is in compliance with all provisions of ARS Title 4 relating to class 10 licenses; and, that the applicant meets all residency requirements,I recommend approval by the Council at their October 21st meeting. taut-a- IC-D-l -g 7 ARIZONA DEPARTMENT OF LIQUOR ICENSES & CONTROL 800 W Washington 5th moot- ' .` s` 400 W Congress#150 if r Tucson AZ 85701-1352 Phoenix AZ 85007-2934 = `� (602) 542- I41; f,- ;f IiA0' (520) ti C+LIVED r' APPLICATION FOR LIQUOR LICENSE SEP 2 2 1999 TYPE OR PRINT WITH BLACK INK FOUNTAIN HILLS TOWN CLERK Notice: Effective Nov.1,1997,All Owners,Agents,Partners,Stockholders,Officers,or Managers actively involved in the day to day operations of the business must attend a Department approved liquor law training course or provide proof of ttendance wikhin the 1 kst five years. See page 5 of the Liquor Licensing requirements. 5-3/4*c 1.1._ `l 13 - 1 SECTION 1 This application is for a: SECTION 2 Type of ownership:_, I 0- 13- it 0 CG 4. INTERIM PERMIT Complete Section 5 ❑J.T.W.R.O.S. Complete Section 66cu n I a l` I 1 NEW LICENSE Complete Sections 2,3,4,13,14,15,16,17 ❑INDIVIDUAL Complete Section 6 • J ❑PERSON TRANSFER(Bars&Liquor Stores ONLY) 0 PARTNERSHIP Complete Section 60 ' ' O�0 w Complete Sections 2,3,4,11,13,15,16,17 0 CORPORATION Complete Section 7 ❑LOCATION TRANSFER(Bars and liquor Stores ONLY) 14 LIMITED LIABILITY CO. Complete Section 7 Complcie Sections 2,3,4,12,13,15,16,17 ❑CLUB Complete Section 8 D PROBATE/WILL ASSIGNMENT/DIVORCE DECREE 0 GOVERNMENT Complete Section 10 Complete Sections 2,3,4,9,13,15,17(fee not required) 0 TRUST Complete Section 6 0 GOVERNMENT Complete Sections 2,3,4,10,13,15,16,17 0 OTHER Explain SECTION 3 Type of license and fees: LICENSE#: /C 0 7,j P=' 7 1. Type of License: -#p0 .8eeR and Id; n e. 2.Total fees attached: $ :LOCI`xi cio4PPLICATION FEE AND INTERIM PERMIT FEES(IF APPLICABLE)ARE NOT REFUNDABLE. A service fee of$25.00 will be charged for all dishonored checks(A.R.S.44.6652) SECTION 4 Applicant:(All applicants must complete this section) 1. ApplicandAgent's Nam®. 0/4 '0oh- , t uce (Insert one name ONLY to appear on license) Last First Middle 2. Corp./Partnership/L.L.C.: E9 f,rlit./ Efl A? 4r`5C.5 L .L , e, . (Exactly Seit appears on Articles dim or Articles of Org.) / 3. Business Name: g da a i'1 rtel2 j-2)e a-f ��Tzv Le. e "S r ict ec/ Li S /e�'Ccee� €t4jl) (Exactly as it appears on the ext&ic*of premises)4. Business Address: /7/ $� E . 5- Y1ea diu , f(3Gz jn J�S /tiag/'&a'le z sa 69 (Do not use PO Box N ... / _/ �/� City `, COUNTY Zip 5. Business Phone: (`IgO) ,'3 7'0a51 7` Residence Phone:(7!O) :35-'7-SS-Cole 6. Is the business located within the incorporated limits of the above city or town? DYES ONO A 7. Mailing Address:'3 I. ra 333 E. 'rne/.daca�_ , 5(.1I2 /7O 140ene A 9 Y15c� City 8. Enter the amount paid for a 06,07,or 09 license: $ /�.}�s (Price of License ONLY) State Zip DEPARTMENT USE ONLY Accepted by.".464'd Date: //6779 Lic.# /0Ci 7.3 f�7 Fees: l l7 /0 r---- $ 00 69 Application Interim Permit Agent Change Club F.Prints TOTAL PROCESSING APPLICATIONS TAKES APPROXIMATELY 90 DAYS,AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WAITING PERIOD. You ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING,ETC.,BEFORE FINAL APPROVAL AND ISSUAiv(:;OF THE LICENSE. LIC 0100 05/1999 *Disabled individuals requiring special accommodation,please call the Department. -SECTION-7 Corporation/Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101",AN "APPLICANT"TYPE FINGERPRINt CARD, AND $24 FEE FOR EACH CARD. ❑ CORPORATION Complete questions 1,2,3,5,6,7,8. L.L.C. Complete questions 1,2,4,5,6, 7 and attach copy of Articles of Org.and Operation Agreement. 1. Name of Corporation/L.L.C.: E( u l L©iJ F.:n"(c-RQft. ('$ L.L. C, (Exactly as iitappears on Articles of Inc.or Articles of Org.) 2. Date Incorporated/Organized: it/S1j /yB State where Incorporated/Organized: /e `l a-0-)Q-t E 3. AZ Corporation Commission File No.: /v I A Date authorized to do business in AZ: &)IA 4. AZ L.L.C.File No: R 0'g31 2 s- 7 - ci Date authorized to do business in AZ: ca/ I O/98 5. Is Corp./L.L.C.non-profit? ❑YES I S NO If yes,give IRS tax exempt number. 6. List all directors/officers in Corporation/L.L.C.: Last First Middle Title Residence Address Ci State Zip i O prz.eS$ ftr.t1ux l`f-X Dae In (ett 0-0 n A PleeS. QS itheik 6aeclel eaceL G JZ. Tx 7 7 340- j�n (la vl r cl F Sec, _3 Da Van de-a t ag iX (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders or controlling members owning 10%or more: First Middle %Owned if— Residence Address City State Zip rr r %Gikctck d R — % % (ATTACH ADDITIONAL SHEET IF NECESSARY) 8. If the corporation/L.L.C.is owned by another entity,attach an ownership,and director/officer/members disclosure for the parent entity. Attach additional sheets as necessary in order to disclose real people. S- - ION 8 Club Applicants: EACH PERS• LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. 1. Name of Club: Date Chartered: (Exactly as it.... r.on Club Charter) (Attach a copy of Club Charter) 2. Is club non-profit? ❑YES ❑N• f yes,give IRS tax exempt number: 3. List officer and directors: Last First Middle Title Residence Address City State Zip L (ATTACH ADDITIONAL SHEET IF NECESSARY) 3 • SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE. 4 ent Business a..- .Id Address: y as it appears on license 2. New Business Name and Address: (Do not use PO Box Number) 3. License Type: License Number: t Renewal Date: 4. What date do you plan to move? What date do you plan to open? SECTION 13 Questions for all in-state applicants: 1. Distance to nearest school:2.15 )U ft. Name/Address of school: / Peak.5 wt e t 4a stk../ (regardless of distance) /7360 Co.40, /►-✓ d s zt 2. Distance to nearest church:3 SC)U ft. Name/Address of church: r iL g 3rs-i- CLuvc.L v..4-et.: a-;i (regardless of distance) /02.5-- S,.�v��a RI. .� ,�K�1►/k�z Or PURCHASER z 67 Aiwm the: El LESSEE 0 SUBLESSEE ❑OWNER EPURCHASER(of premises) 4. If the premises is leased give lessors name and address: /1/M- 4a. Monthly rental/lease rate$ . What is the remaining length of the lease? yrs- mos. 4b. What is the penalty if the lease is not fulfilled? $ or other (give details-attach additional sheet if necessary) 5. What is the total business indebtedness of the applicant for this license/location excluding lease? $ Does any one creditor represent more than 10%of that sum? 0 YES It NO If yes,list below. Total must equal 100%. Last First Middle %Owed Residence Address City State Zip (ATTACH ADDITIONAL SHEET IF NECESSARY) 6. What type of business will this license be used for?(BE SPECIFIC) COnlYt41 r VAC e 7. Has a license,or a transfer license for the premises on this application been denied by the state within the past one(1)year? ❑YES WiO If yes,attach explanation. 8.Ies any spirituous liquor manufacturer,wholesaler,or employee,have any interest in your business? DYES IANO 9. Is`the premises currently licensed with a liquor license? KYES ❑NO If yes,give license number and licensee's name: # /Dv73/%.S (Exactly as it appears on license) Ja I vtes Josef)LI 6ect _..l- eLA. 7 �(G4t f. / 2Ckd4unr L Pog:t ►e-as�`�l ►'�r�:n�2R 5 i - SECTION 16 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. :..below the exact names of all churches,schools,and spirituous liquor outlets within a one half mile radius of your proposed location. Ctrc�� l� 2. NT 3. 4. 5. .4 I 6. f � 7. ro 8. 9. .40 4t ,�wZ n. � 'loaf' ln. 11. 12. • 13. 14. LAG{ADDITIONAL SHEET IF NECESSARY) , our business name and identify cross streets. SECTION 17 Signature Block: I, kJ Luce. (A.) . pilk. L ,declare that: 1)I am the APPLICANT(Agent/Club Member/Partner),making this (Print name of APPLICANT/AGENT listed in Section 4 Question 1) application;2)I have read the application and the contents and all statements are true,correct and complete;3)that this application is not being made to defraud or injure any creditor,taxing authority,regulatory authority,or transferor,4)that no other person,firm,or corporation,except as indicated, has an interest in the spirituous liquor license for which these statements are made; and 5) that none of the owners,partners, members,officers,directors or stockholders listed have been convicted of a felony in the past five(5)years.State of County of WQ-41-eiee-c—"The foregoing instrument was acknowledged beforehis (s; r�J < day of � . Day of onih Year My commission expires on: 1 r (Signature of NOTARY PUBLIC) 4� OFFICIAL SEAL tii� `''- LOIS R.BRIGGS 1 ± ��:,�� Notary Public-State of Arizona ¢ -A. MARICOPA COUNTY _ QiniV My Comm.Expires Mar.3,20031 7 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL • rtaie ``�' 400 W 800 W Washington 5th Floor t 7 i IQ ! =' Congress#150 Phoenix AZ 85007-2934 ;,,- Tucson AZ 85701-1352 ,,. (602) 542-5141 9 4`+-1,01 (520) 628-6595 c 1, , . STIONNAIRE READ CAREFULLY,MS INSTRUMENT IS A SWORN DOCUMENT An extensive investigation of your background will be conducted. False or incomplete answers could result in criminal prosecution and the denial or subsequent revocation of a license or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER STOCKHOLDER (10% OR MORE), MEMBER. OFFICER OR MANAGER ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN"APPLICANT'TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY. THE DEPARTMENT DOES N.Q1 PROVIDE THIS SERVICE. There is a$24.00 processin fee for each fineernrint card submitted. L. A service fee of$25.00 will be charged for all dishonored checks(A.RS.44.6852) 49 /a23 TYPE OR PRINT WITH BLACK INK 1. Check appropriate ® Owner,Agent,Partner,Stockholder,Member or Officer El Manager(Only) box (Complete Questions 1-16&20) (Complete All Questions except#10,l0a&21) Licensee or Agent must complete#21 for Manager Licensee or Agent must complete#21 la. Name: Holbrook Bruce Wayne Date of Birth: 2/5/53 Last First Middle 2. Name of Licensed Premises: Tara 'c Premises Phone: ( 480 ) 837,i 2444 3. Licensed Premises Address: 17125 E. Shea Fountai n Nil G A 9. 85968 Liquor License# Street Address (Do not use PO Box#) City County Zip (If this location is currently licensed) 4. Drivers License#: 519628313 State AZ Residence Phone:( 480 ) 357 - 5568 (eight: 6' 1" Weight: 390 Eyes: Hzl Hair: Brn Place of Birth: Shelley, Idaho City State 5. Name of Spouse: Holbrook Lorene Lee Hudson Date of Birth: 12/29/OS Z, Last First Middle Maiden - 6. You are a bona fide resident of what state? Arizona If Arizona,date of residency: 4//8Iy8 7. If you have been a resident less than three(3)months,submit a copy of driver's license or voter registration card. 8. Indicate your employment or type of business during the past five(5)rears,if unemployed part of the time,so state. List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (Give street address,city,state&zip) CURRENT Equilon Enterprises LLC 4/98 Sales Manager Arizona 12794-Narthborough Fil»sran, TX 77nF7 1/90 4/98 Sales / Area Manager Texaco Refining & Marketing, Inc 10 Universal City Plaza, Universal Uity, UA (ATTACH ADDITIONAL SHEET IF NECESSARY) 9. Indicate your residence address for the last five(5)years: FROM TO RESIDENCE Month/Year Month/Year Street Address City Stare Zip 6/98 CURRENT 1812 S. Rialto Mesa AZ 85208 L0197 6/98 1855 Desert Forest Way Henderson NV 89012 8/94 6/97 27809 Villa Canyon Rd Castaic CA 91384 12/80 8/94 2513 E. Hampton Mesa AZ 85204 ucotot 05/1999 Disabled individuals requiring special accommodations please call(602)542-9051 r Responses to Questions: ADLLC Questionnaire 14. See Attached List From 1978 until 1990, I was agent for approzimately 45 series 10 licenses for Cardon Corp. dba Short Stop Markets, Inc. 0/9 (signature) (date) L See Dept. List of Violations Attached L ARIZONA DEPARTMENT OI' LIQUOR LiI:L'isaLo oc W,VL.t rvl. `oiaig+y`v • �� '- 400 W Congress #150 800 W Washington 5th Floor , .._ _; Phoenix AZ 85007-2934 47 y Tucson AZ 85 i01-1352 (602) 542-5141 � (520) 62E-6595 kw QUESTIONNAIRE READ CAREFULLY,TMS INSTRUMENT IS A SWORN DOCUMENT An extensive investigation of your background will be conducted. False or incomplete answers could result in criminal prosecution and the denial or subsequent revocation of a license or permit. 1.0 BE COMPLETED BY EACH OWNER AGENT, PARTNER. STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGt.R ALSO EACH PERSON :OMPLETING THIS FORM MUST SUBMIT AN"APPLICANT- TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. There is a$24.00 orocessine fee for each fineernrint card submitted. A service fee of 525.00 will be charged for all dishonored checks(A.RS.44.6852) TYPE OR PRINT WITH BLACK INK 1. Check appropriate ® Owner,Agent,Partner,Stockholder,Member or Officer 0 Manager(Only) box (Complete Questions 1-16&20) (Complete All Questions except#10,10a&21) Licensee or Agent must complete#21 for Manager Licensee or Agent must complete#21 la. Name: Kinnan David E. Date of Birth: 5/15/46 Last First .Middle 2. Name of Licensed Premises: Equilon Enterprises, LLC • Premises Phone:( 480 ) 837 -24.44 3. Licensed Premises Address: 17125 E. Shea Fountain Hills, .AZ _85268 Liquor license# Street Address (Do not use PO Box#) City County Zip (If this locadoivis currently licensed) 4. Drivers license#: 06571606 State TX Residence Phone: ( 713 ) 464 .. 4518 6'0" Weight: 180 Eyes: Blue Hair. Brown Place of Birth: Col umbus, OH City State 5. Name of Spouse: Kinnan Joan M. Mahoney Date of Buth: 7/9/41 Last First Middle Maiden 6. You are a bona fide resident of what state? Texas If Arizona,date of residency: 7. If you have been a resident less than three(3)months,submit a copy of driver's license or voter registration card. 8. Indicate your employment or type of business during the past five(5)years,if unemployed part of the time,so state. List most recent 1st. FRONt TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS OR BUSINESS Month/Year (Give street address,city,state&zip) CURRENT.'" 4/98 Corporate Secretary Equilon Enterprises. LLC 1/93 3/98 General Counsel Shell Oil Products Company (ATTACH ADDITIONAL SHEET IF NEC1:S.SARY) 1 9. Indicate your residence address for the last five(5)years: FROM TO RESIDENCE Month/Year Month/Year Street Address City State Zip , 1999 CUNT 302 Vanderpool Houston TX 77024 3 1999 409 Berdwood Houston TX 77024 rlcoto1 05/1999 Disabled individuals requiring special accommodations please call(602)542-9051 L Responses to Questions: ADLLC Questionaire 16. Equilon holds licenses in Illinois, New Mexico, Colorado, California, Oregon, Washington, Texas, Kansas, Oklahoma, and Ohio. ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL • tea •� - �� 400 W Conoitss #150 800 W Washington 5th Floor _ '��, �__ Phoenix AZ 85007-2934 "`` Tucson AZ 85701-1352 r T (602) 542-5141 Itsume`i (520) 628-6595 fi QUESTIONNAIRE READ CAREFULLY,TMS INSTRUMENT IS A SWORN DOCUMENT An extensive investigation of your background will be conducted. False or incomplete answers could result in criminal prosecution and the denial or subsequent revocation of a license or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER. STOCKHOLDER (10% OR MORE), MEMBER OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN"APPLICANT'TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. There is a$24.00 processing fee for each fingerprint card submitted. A service fee of$25.00 will be charged for all dishonored checks(ASS.44.6852) TYPE OR PRINT WITH BLACK INK 1. Check appropriate ® Owner,Agent,Partner,Stockholder,Member or Officer ❑ Manager(Only) box (Complete Questions 1-16&20) (Complete All Questions except#10,l0a&21) Licensee or Agent must complete#21 for Manager Licensee or Agent must complete#21 la. Name: Morgan James McClay Date of Birth: 12/11/47 Last First Middle Equiloit Enterprises, LLC 2. Name of Licensed Premises: Premises Phone:( 480 ) 837- -2444 3. Licensed Premises Address: 17125 E. Shea Fountain Hills, AZ 85268 Liquor License# _ Street Address (Do not use PO Box#) City County Zip (If this location is currently licensed) 4. Drivers license#: 08210107 State TX Residence Phone:( 281, ) 360 6666 t: 6' 1" Weight: 185 Eyes: blue Hair. brown Place of Birth: Burt atown, PA City Scare Morgan Mona Lisa Tomei 2/3/51 5. Name of Spouse: Date of Birth: Last First Middle Maiden 6. You are a bona fide resident of what state? Texas If Arizona,date of residency: 7. If you have been a resident less than three(3)months,submit a copy of driver's license or voter registration card. 8. Indicate your employment or type of business during the past five(5) ears,if unemployed part of the time,so state. List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Moat/Year Month/Year OR BUSINESS (Give street address,city,stare&zip) CURRENT 1/1/98 President/CEO Equilon Enterprises, LLC 6/1/93 12/31/97 President Shell Oil Products Company (ATTACH ADDITIONAL SHEET IF NECFSSARY) 9. Indicate your residence address for the last five(5)years: FROM TO RESIDENCE Month/Year Month/Year Street Address City State Zip CURRENT .�/1/91 7277 Rlnff Crpplc YirgT-Toorl TY 77345 ucorot osn999 Disabled individuals requiring special accommodations please call(602)542-9051 TEXTENS IGIsi , 1-._..i:,...3/: .^--_ ik_ _ ,_,P,..1 i L NOTE SP - SECURITY FbS1rioUs ; �_ TEMPORARY BARR►ER. Fr 1-1164 I _:\._1-11\ (GO' e -d --- - ----- -- PA-RKIUG LOT' -- _. -- 1 5'- -+ 10' -_ — 3 S ' ----- r ----- , S I D E WALI< --- ' MEN S O / . BAR REST ROOM a SERvlrlc, AREA (1116v (N , -- BAR - °°U li I AMER)C/ 3 LEG10K1 Ru1Lt1POE ' 1 6 I I1,5SO E.AVE c,F TOE Foun1TA►A 1 h SUITE 0-IO2_ WOMENS ' , (APPRDY. PsDo'sa PT)R ESTROOM , i s' i .: COli (/ . I T 2 O J tI 1 v- '� u) / .-_� - C ir- OW 2 Og'lif 2 S ' ul a, k r R'6°= AMERICAN LEGION POST#58 I��•'` '�� FOUNTAIN HILLS ARIZONA < e� 16850 Avenue of the Fountains (NW �I ``�f (602)837-5958 TO WHOM IT MAY CONCERN. The following businesses located at 16850 Ave of the Fountains have no objections to the American Legion being granted an extension of premises for a special event on the following dates : 'vO V � ,9c, SHEAR POINT HAIR DESIGN • TIME—IN SESIGN y Form 10541 r ill., 3/94 `` ARIZONA DEP I DI OF LIQUOR LIC D1' & CONTROL \ 800 W. Washington, 5th Floor 400 W. Congress, #150 Phoenix, AZ 85007 • s► Tucson, AZ 85701 (602) 542-5141 oz-`i (602) 628-6595 APPLICATION FOR EXTENSION OF PREMISES/PATIO PERMIT A Temporary change for date(s) of: n/V 1 L 19 G c ❑ Permanent change of area of service 1. Applicant's Name: Q o(A.,ft.i }4 Ni K-c NI./ c1-1, E • - 2. Mailing Address: 17 aS R c 4 L.L G l FL o r2o FTN Pit( s t9 Z. -2 G S Street City State p 3. Business Name: 14w,-r 2 i A/ i 1 'A ---"'L CENSE # 11/0 73 C�0? 4. Business Address: Ho f Sa E. y4�-' or I J' FT/4 Pm/ I-f ILL S mrR <op,4 AIZ �S.)Cs- Street IV C..R t... City County State Zip 5. Residence Phone: .d 3r:7 ff t`1.1:A r - �Bu?;ide4% Phone: H gla 3 7- S 9Sc- 6. Are you familiar with Arizona Liquor Laws and Regulations? ffit Yes El No • 7. What security precautions will be taken to prevent liquor violations in the extended area? -1--D C/� `FC /‘/C ÷ .SeC(../l21r), HT EAITICr4Ne"-PS/FX ; Y.rilrie/ZI(-rcI O i' ht'14. i?.1,-M , Al /^ Ii / .<A/C' 8. Does this extension bring your premises within 300 feet of a church or school? ❑ Yes a 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. This change in premises is RECOMMENDED by the local Board of Supervisors, City Council or Designate: (Authorized S)gnature) ' ..; (Title) (Agency) I, ke,4 N v j h t:. 1?o w frn Oa , being first duly sworn upon oath, hereby depose, swear and declare, under penalty of perjury, that I am the applicant making foregoing application and that said application has been read and that the contents tents thereof and all statements contained therein are true, correct and complete. X X - SUBSCRIBED IN M<YPRESENCE �W RN TO . ;,Oof reme this l T da of (!-10 `�Y� , OTplicant s Signatur OFFICIAL SEAL y/ _4= Virginia LaPenta 9 ��� I*- ,„r Notary Public-Arizona �0, Y Mancopa County �V�/y� . Lly commission expires on: \,i__t-.% Nv Co.nr�:issieni:,�pne,t�ttltoot '�� `-' �y-Y« ::• _ k' (Signature of NOTARY PUBLIC) Investigations Recommendation: Date: Licensing Approval: Date: ,. • Form 105 ( 3/94 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W. Washington, 5th Floor 400 W. Congress, #150 Phoenix, AZ 85007 o Tucson, AZ 85701 (602) 542-5141 ^ .'l `4, (602) 628-6595 APPLICATION FOR EXTENSION OF PREMISES/PATIO PERMIT _ GI Temporary change for date(s) of: N(, L/ /. /9' q S ❑ Permanent change of area of service 1. Applicant's Name: Q c w NI r4 n/ 1<--G NN t j I, C __2. Mailing Address: l 7 c>c Z C. L.L GD a;L b v o 1 i nL Hitt c A Z. Street City State P 3. Business Name: /444-7-e i?i C,4/v r'J i c'>Al POE i -S LICENSE # 1 Y O 73 CC'? 4. Business Address: / '-s° E. r4v-e o to I h'e Frti FT ! I4;LL.S /'NOR t'c 619,4 A Z S,1 es- Street City County State Zip 5. Residence Phone: 2 7— 6 �(a-A Business Phone: /go 3 7— 6. Are you familiar with Arizona Liquor Laws and Regulations? 125 Yes ❑ No 7. What security precautions will be taken to prevent liquor violations in the extended area? D Cat ,eCAkc + Sec Live l!7 e4T EWrit � �5 .�"X ! i S 1 R /��{�l N Nit4,/2A rM )/ i /-'-c Nc,4 8. Does this extension bring your premises within 300 feet of a church or school? ❑ Yes LX 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 Designs for their recommendation. ge in p es is RECOM NDED by the local Board of Supervisors, City Council or Designate: Pi) tor --rmwr. (Authorize Si azure) (Title) (Agency) I, e i,/ry ET' I ., I3 O w,h,4 AI , being first duly sworn upon oath, hereby depose, swear and declare, under penalty of p-rjury, that I am the applicant making foregoing application and that said application has been read and that the co, ents thereof and all statements contained therein are true, correct and complete. SUBSCRIBED IN MY,PRESENCE D W RN TO .err"' • befo, a me this / �'T day of &� ��liC� pplicant s • ���e-2) ; Virginia LaPenta � fj ' Notary Public-Arizona 19 `77 Marico a county My Commission Expires 12/11/2001 � , ty commission (Signature of NOTARY PUBLIC) Investigations Recommendation: Date: Licensing Approval: Date: Fountain Hills Memorandum TO: Cassie Hansen FROM: Steve Gendler, Marshal DATE: October 10, 1999 SUBJECT: Liquor license application- American Legion The purpose of this memorandum is to endorse the attached extension of premises liquor license request from the American Legion. It is my understanding that this is scheduled for consideration by the Council at their meeting on October 21 st. Investigative facts: This application, as submitted, would involve a one day extension of premises of the facility located at 16850 Avenue of the Fountains. The American Legion has a valid class 14 "club" license in place at that facility. Under the provisions of the Arizona Revised Statutes, Title 4, a class 14 license is specifically issued to a veteran or fraternal organization for "on-premise" sale and consumption of alcohol by members and registered guests. Findings: The application in this case would extend the premises for an unspecified event catering to members and guests. This is a permitted function under the provisions of the license. In reviewing the application, the American Legion has made provisions for access control and identity checks in compliance with liquor license regulations. Recommendation: Based on this extension being in compliance with all provisions of ARS Title 4 relating to a class 14 license, as well as meeting the requirements for control of access to members and guests, I recommend approval of this application by the Council. Copies of all investigative documents are on file with the Marshals Department. L •`�ER'���'� AMERICAN LEGION hP 4 A �Z' POST 458 "l ' ��` '/ FM \ I 1\ MEAN ARILO\\ . .0 //f/i 7 Arizonia , Dept . of Liquor Licenses . . The American Legion Poet 58 agrees to susrjen:' their Liquor License 14 for the period 1/ /1- ' 93 %, 'y O.? 1 reGaetAti "/t 0--e"-Iiii- Richard La ?enta Club Mg.r. L L '``,.R'c"*, AMERICAN LEGION '���ti' POST#58 c� ;^,; FOUNTAIN HILLS, ARIZONA <E 16850 Avenue of the Fountains �ii.,,G t o..b .q�l. (602)837-5958 TO WHOM IT MAY CONCERN. The following businesses located at 16850 Ave of the Fountains have no objections to the American Legion being granted an extension of premises for a special event on the following Oates : NOV / - /:3 --1Z/ SHEAR POINT HAIR DESIGN TIME -IL AESIGN L • ' X�/((77''' NSIG a'../Ll�l N .._ •:✓:-...1 _ :._ 1L . a.. t•.11 c • v i. NOT : p - SECURITY Rsmos s ,foTEfRAR`f BARRIER I Fr l- I�N N ii, . 5revgII `GO' — ' --d -- — ----- -- PARK h 1 L o r — - - 1 S' +___10' ---= -- - 35 ' ----- r --1 .---.._ , SIDEWALK ---- - --- ------ , U) . 1 MEN 0 8AR. RESTROoVI O SERVITdC, AREA ir► 00 0 0 n 'I AMCR)CAIJ LEG10A1 MUILi1►JE, I IrBSO E.AVE LF TOE. FOunJTA)•1 SUITE ►t-IOZ WOMENS ; ! (APPROv. 130073d.P-T') R ESTPOOHA • li a Cj . (/// ( 1 L i J 9 \ Q D �1 u1 w U- IL i ID CO C) �� 7 V y Vj �"""'mod I"�"4 \-_ _.__.a.._—_ _ -- l7 cn 54;v ?II1 F- • SPECIAL EVENT LICENSED PREMISES DIAGRAM (This diagram must be completed with this application) Special Event Diagram: (Show dimensions, serving areas, and label type of enclosure and security positions) NOTE: Show nearest cross streets,highway, or road if location doesn't have an address. NI L • ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL Congress 800 W Washington 5th Floor �, �=�:�� �� 400 #150 Tucson AZ 85701 Phoenix AZ 85007 (602) 542-5141 (520) 628-6595 APPLICATION FOR SPECIAL EVENT LICENSE Fee 25.00 per cry,for 1-10 day events and A service fee of$25.00 will charged for all dishonored checks( .R.S.44-6852) PLEASE NOTE: THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. 1. Name of Organization: Ai"i-e IC14 IN/ . /0 iv Po 2. Non-Profit/I.R.S. Tax Exempt Number: 8 e- o o i I 3. The organization is a: (check one box only) Cr Charitable m Fraternal(must have regular membership and in existence for over 5 years) ❑ Civic 0 Political Party,Ballot Measure,or Campaign Committee ❑ Religious 4. What is the purpose of this event? /3 L cI Id.i,s FL/A./ c-I 5. Location of the event: l Lo s S if G. r,4 v-r' C F 7-11 w r ti, F77.1 I4,u-c 01,4 21 c 0 p/4 5J C: Address of physical location(Not P.O.Box) City County Zip 6. Person making application: CS v Al 1<:e A n/ e;—Gr [i / "d 0— `f Last First Middle Date of Birth 7. Applicant's Mailing Address: 170 5-3 u.i 6-e/ 0 tZ r i n�. I-I fiCS" 1a 2 41- Street City State Zip *IMPORTANT* 8. Phone Numbers Only: (life) Sf 3 7- Cv Y)) (4kb') Y3 7-S-93-,S` (1. Vic:) 5?'7- Site Owner# Applicant's Business# Applicant's Home# 9. Date(s)&Hours of Event: (Remember you cannot sell alcohol before 10:00 a.m.on Sunday) Date Day of Week Hours from A.M./P.M. To A.M./P.M. Day 1: !\I c V / I 9 14 m I c; 1° Day 2: lNNc v 13 5 4 9 t4 ►a-r /0 ('•� Day 3: AI c 1, 10 I d f►-�-, Day 4: Day 5: Day 6: Day7: Day 8: Day9: Day 10: tic 0106 11,97 *Disabled individuals requiring special accommodations,please call the Department. Fountain Hills Memorandum TO: Cassie Hansen FROM: Steve Gendler 661 DATE: October 10, 1999 SUBJECT: Special Event Liquor License - American Legion The purpose of this memorandum is to endorse the attached special event liquor license submitted by the American Legion Post of Fountain Hills. It is my understanding that this issue will go before the Council at their meeting on October 21 st. I am recommending approval based on the following factors: 1. The American Legion Post has a valid class 14 (club license) in place at 16850 Ave of the Fountains. According to the state liquor department, organizations with a class 14 license are permitted up to 10 days per year in which they are eligible for a special event license allowing public liquor sales. At all other times, the class 14 allows sale to members and guests only. A review of the record indicates that this will represent only the sixth day of the 10 allowed in 1999 under the exemption provisions. 2. During the 9am-l0pm time frame, the permit covers adz' area specified in the application. This is an important point since the diagram covers a portion of"patio", hallway, and parking lot which are not normally included under their class 14 license. 3. In previous investigations, we have found that the American Legion has met all the legal requirements under the Arizona Revised Statutes for a liquor license and temporary permit. This included covert monitoring by state liquor agents and overt monitoring by the Marshals Department to ensure compliance with provisions of the special event license. Based on compliance with the provisions of the liquor regulations, the controlled access plans enumerated in the application, and the fact that there have been no violations during previous special event requests from the American Legion, I recommend approval by the Council at their October 21st meeting. L From : LANCASTER DEVELOPMENT COMPANY PHONE No. : 837902807 Oct. 15 1999 11:37AM P01 L Scott Von i Anken,Smior Ptotor Fountain ills $Lennie Von i.ankcn,rn.n10n„• ASSEMBLY OF QOfl a tJRC11 "The hr. Church that Love is Building" October 18, 1999 Greetings to all our neighbors on ironwood! We at First Assembly of God, want to personally invite you and your family (children or grand children) to our annual Hallelujah Hoe Down, on Saturday, October 3016. 3 - 7 pm. at our church parking lot. This event offers families a fun afternoon of carnival type games, foot.stompin' music, skits,jump houses, face painting, balloons, candy, and prizes. So put on your western duds or your most comfy blue jeans and come join the fun. In preparing with the Town ofTicials for this event, we wanted to let you, our neighbors, know what arrangements have been made as regards to Ironwood and parking. The north side of Ironwood will have "No Parking" signs posted on barricades provided by the City. Parking will be allowed on the south side of ironwood. We will be careful not to block driveways or fire hydrants to cause an inconvenience for the residents on Ironwood. We will have people monitoring Ironwood throughout the Hoc Down to ensure appropriate parking for everyone's safety. We look forward to a successful event for our community and hope to gee you litere too! if you have any questions, please feel free to contact me at(480) 837-3735. • Sincerely, Ember M. 1lartsock Event Coordinator tenth • Located at:1O239 East Ironwuud Drive,Neuman 1 Hits,Arizortn 65268•Muillnx/kldrtos;r.O.Dux 17207,Pountain 1 ii11a,Arizona 85269-(602)837-3735 Scott Von Lanken,Senior Pastor Fountain 1-hills Shellie Von Lanken,Co-Pastor ASSEMBLY OF GOD CHURCH "The Church that Love is Building" October 4, 1999 Marshall Steve Gendler& Office Todd Tate Fountain Hills Marshall's Department 16836 East Palisades Blvd. #B Fountain Hills, AZ 85268 Dear Marshall Gendler& Office Tate: Once again we are preparing for our annual Hallelujah Hoe Down at First Assembly. Enclosed is a copy of a letter I sent to Pat Harvey regarding the use of traffic equipment for the Hoe Down this year. This event will take place on Saturday, October 30th from 3 —7 pm. on our church parking lot. As was established last year, all guests will be parking along Ironwood, on both the north and south sides. Last year we seemed to have a continual flow of people stopping by and never really experienced any"congestion"time. We plan to have the same success this year, but we are anticipating a larger crowd due to the fact that other events in Fountain Hills are not taking place until Sunday evening. We would appreciate someone from your office stopping by a couple times through the afternoon to check in on the traffic control as you did last year. Please give.me a call at your earliest convenience to confirm the parking for our guests and possibly add any suggestions or changes that may be necessary. I can be reached at (480) 614- 1308 or (602) 692-5332. If for some reason you are unable to reach me, please contact Barb at the church office (480) 837-3735. Thank you again for your assistance as we reach out to our community to provide a safe and fun afternoon. Sincerely, _517‘5t;a6 kerMi *artsock Event Coordinator Located at:16239 East Ironwood Drive,Fountain Hills,Arizona 85268•Mailing Address:P.O.Box 17267,Fountain Hills,Arizona 85269• (602)837-3735 Scott Von Lanken,Senior Pastor Fountain Hills Shellie Von Lanken,Co Pastor ASSEMBLY OF GOD CHURCH "The Church that Love is Building" October 5, 1999 To Whom It May Concern: This is to give official notice that First Assembly of God,Fountain Hills, is hosting the"Hallelujah Hoe Down" event on our premises Sat. Oct. 30, 3-7p.m.. Ember Hartsock is our Co-coordinator for this event that we have held here for many years. If further information is required please call me at 480-837-3735. Thank you for your attention to this and we look forward to servicing our community again this year. Sin 010.11611.7- o,1 anken Pastor L Located at:16239 East Ironwood Drive,Fountain Hills,Arizona 85268•Mailing Address:P.O.Box 17267,Fountain Hills,Arizona 85269• (602)837-3735 10/05/1999 15:15 602-938-3957 IDEAL INS AGENCY PAGE 02 :.• ji,t-vv,,Imtliti,,, diii icza 1,-,11, it,•,,• , ,,•r, F'1/.111, I,,p,, il ,.li'pl VitriIII84111,1i.+111.',,111.0-0 iiii,,,id i illf;11 is„i,iiiii,„iet ,ii-1 ii lir • ?lil, , 0ATE(mwomyy) 1,, , ikt if !,, , I, ) Zi ,,,f 1, :?Aill 411,,LA, 10/05/1999 fi 1 ••- I k i.'i •i o i,• bi -• ''.•••I ,,-' ,,‘',••• ' ,• • ; • ;AT , All I, 4,:,tniti.tlth,i.Alf. ull.!..i1 i),I, lostitiAmmt, I, ifg. 14,1'm'-' PRODUCER (602)938-7579 FAX (602)938-3957 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Ideal Insurance Agency HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR iv-) West Thunderbird ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. *hoe 131. COMPANIES AFFORDING COVERAGE Glendale, AZ 85306 COMPANY Brotherhood Mutual Insurance Attn: Ext A MUM comPANY First Assembly of God B P 0 Box 17267 Fountain Hills, AZ 85269 I COMPANY C COMPANY D - :, -_•....•,,, , i , „rT4, ,,,,i0 r,-,i, EI ei,1i1,:i,,,i, 1i. JN: r1, jr Ii411,I 110 T- Ihri! ',,,Ei!:1,11 'ril 4;011'1' il'I''''Ild st,'1.,'r 11 I'11,1ill i' This IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION' TYPE GP INSURANCE POLICY NUMBER I LINTS DATE NM/0pm) DATE(TAM/DONY) 1 AJR I 1 at Mellail.:Amur( I GENERAL AGGREGATE ' $ 3,000.000 1 X 1 COMMERCIAL GENERAL LIABILiTY PRODUCTS.COMP/OP AOG ---1 CLAIMS MADE ri OCCUR 1 OWNERS&CoNTRACTOR'S PROT 02M5A0282441 01/06/1998 01/06/2001 1 ' PERSONAL&ADV iNJURY S ' EACH OCCURRENCE 1,000,000 FIRE DAMAGE(Any one ere) $ , . I MED EXP(Any one person) $ 1,000,000 6 50,000 5,000 AUTOIAOMILE LLAIRUTY COMBINED SINGLE LIMIT S ANY AUTO ALL OWNED AUTOS BODILY INJURY 6 ,SCHEDULED AUTOS 1 I (Per person) HIRED AUTOS BODILY INJURY $ ] NON•OWNED AUTOS 1 (per accident) ' . 1 PROPERTY DAMAGE S BABAoe LIA:tury AUTO ONLY•EA ACCIDENT $ AN' y AUTO OTHER THAN AUTO ONLY. , • EACH ACCIDENT II H1 , 1 1 AGGREGATE; S I exctss umBuri EACH OCCURRENCE s t i UMBRElLA FORM AGGREGATE 1 !OTHER THAN UMBRELLA FORM ' I 5 wORKERS COMPENSATION AND TRY LIMITS ER EmPLaTERIF Lukau.rre EL EACH ACCIDENT $ Trie PROPRIETOR/ 1 1 INCL I EL DISEASE•POLICY mot S PARTNERE/EXECUTIVE 1 A OFFICERS ARE; I EXCL I 1 EL DISEASE•EA EMPLOYEE S --1 OMER 1 ' [ , I 1 1 DESCRIPTION OP opeRATIONs/LocATioNsNEHIcLES/SPECIAL ITEMS Event: Hallelujah Ho-down, October 30, 1999 certificate Holder: Additional Insured '11111,'LF.V.111,,,,i110(111:`Iirli '1,il,Y:1 ,1, )",•11, ''''./111,04;1' ' '" ,0 l''11'11. ';-61,T,'"'11*!,41''lk ,I,' ,. 11a r ('1,11 ',1'11 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES Be CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO FAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Town of Fountain Hill s BUT FAILURE TO MAIL SUCH NOTICE SMALL IMPOSE NO OBLIGATION OR LIABILITY 16836 E. Pallisades Blvd OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. Fountain Hills, AZ 85268 AUTHORIZED REPRESENTATIVE .1-2),Aietri I Beverle Simpson/BEVSIM 1- 6 . u t •� r 07f-r-y +: 41 : L. `,� _ .r '. � 1r�. DMA '"4'.. Guaira Oa omen c =1 • ...it '.` �:i 0 • C. �A . I . L �1t t ,` � 'v -, e. Ni........ . t:,..._ li _-. pima hrs GIsP/Ht � litt.4-7. • S� 7 - =7-� .7 - _43.t.z.c. 4 a1t..,3!k.-4-1011.Ntivtilis5T . :4; 7t ... -`4t.if 416/'-'1•44, - lik..* ,),p, . I. S :-.;.4.••7'..--:-:' . , -nirl%-. ____4%.: . _ ..... - l'irA% - -,..e �, �d`Q'' •� °° lq ::.1 ` •rricxscE°". '�+ Ault DR •P . C DES �` ,,a,4104 p • .T CA . - P a • aye',- :, 6lyD 7 ..,s a7. _ a ,,-�yy.FtA x M'�,.At, e"' - - jM Fa.'AN f.,< 9 _ C'► ���� n1xa OR CQ =A j h Ii MEND CA •_::4i . .. - _ rfl C VO �24At•y ty" W1FiY 1UNCE^fi - Afe �/ �'All. ' '. 1bTA EJUERGcVGY CAi. RCSSTDI 4 N. '•/ . ,IAPONCAC: -_ ` »``` . S T.{l-i�„�` -• ANAf y� al, , p� PAtvCiLlh1A1 - . L �C Hr+CCa O. a T•.ittilip A� '�. . ' • ,. ,GaE -.4e 'n CE PEM.tSC� __- .1, i e/l' Oto FR`=�,C f. e a Cwfl RIDGE:R r/� - O� CNA,f a- wef ,.p� 9,.�+ FnLCQN CR • - e� A •Il .� aAa18EL^.R " a /� C 10 Cn w� TOWER CR J y Q AL• "! ?�n� StXN Cq CU TRA;Cr'if $ I 4b 1 r 4 off+o _ ' . c,CCIki3O ‘N 'AL i c 1. t ‘11 :1 C'sr• '\ 9 TROJAN •r,• g• Am.• _- - IP.:„,eiL:g24.1h ' • :. ,,,,APgSe' • 0 _- c\.:1; - �• - _ _ - • . . • ';, . T . WAY ® ... - _- k• .4.:.......t.....•,i-:::..T.j.•-•:1--7.-.-:,:t :::.... '',1'...- , •i' - • 00 • e i Y w f Yam " ':.. ..Z Q Y f— 41 1 14•Vea y_ ,.T•h .s ::.-...-� •• .e- =t sr -+ a ;i.:!.. � -k •ir,}'i!'4.`LC •��{.Ci. Y tit-i+I .+l ♦ M Y;••• :4.-^. .1 r -s.+y .'.a .. ^h.,;iv': y F .� �f l� 4. • ti 9enti fyl'. - ix • >< ' .• , ,.1, -Lr Yam"^^'.�•5 . -ft •• r !EO OAS - ' '!f. �lW� c. ;:; 'l,. �4'{. •: ::r'.:r.5 - Fountain Hills �. - - _ . _ ; '�-t'Y�11.•}tf fl i. • _ - �.l • • • p111012• )N1 . 6 4/42f ir)Es oggc eL_ACe h Arr Cte.a9c6A1-7--/AL... -7*.lac(mly • \20-( ' i /2dn(u:na -- - u /l . ' r u L Please call me at your earliest convenience to confirm our borrowing these items Rndlor make any necessary changes. I can be reached at 48O-( 14-1308 or 602-G92- 5332 during regular business hours. If for some reason you arc, unable to reach inc at those numbers, please contact Barb at the church 480-837-3735. Thank you again, Pat, for your assistance. We plan on another successful event for our community. Sincerely, Ember M. Hartsock Event Coordinator pc: Marshall Steve Gendler L • Scott Von Lanken,Senior Pastor Fountain Hills Shellie Von Lanken,Co-Pastor ASSEMBLY OF GOD CHURCH "The Church that Love is Building" October 4, 1999 Mr. Pat Harvey Strerl.y superintendent Town of Fountain Hills Fax#480-837•3145 Dear Pat: Re: Use of traffic equipment; Saturday, October 30, 1.999 Onc,, again, we at Fountain Hills Assembly of God are preparing for our annual Hallelujah Hoe Down, which will be held on Saturday. October 30°' from 3 — 7 p.m. in oc r church parking lot. T would like to request your department's assistance in the use of some traffic safety equipment as we did last year. Our Hoe Down is a community event with carnival type games, lump houses, live music and other entertainment for the entire family. This year we are anticipating a crowd of over 300. We want to maintain a high level of safety for everyone coming to and from the Hoc Down. Last year your department provided the following: a) 1 long plastic driveway barricade b) 6 A-frame barricades c) 4 traffic vests Enclosed is a drawing of our area showing where we placed the barricades last year, following the direction of your office and that of the Marshall's office. This year should be a little easier on the flow of traffic as the construction is now complete and there is the turn lane on south bound Fountain Hills Blvd. that can lead people to park on Ironwood. L Located at:16239 East Ironwood Drive,Fountain Hills,Arizona 85268•Mailing Address:P.O.Box 17267,Fountain Hills,Arizona 85269•(602)837-3735 Scott Von Lanken,Senior Pastor Fountain Hills Shellie Von Lanken,Co-Pastor ASSEMBLY OF GOD CHURCH "The Church that Love is Building" October 7, 1999 Town of Fountain Hills City Council members First Assembly of God, Fountain Hills, is hosting it's annual "Hallelujah Hoe Down"event on our church parking lot on Sat. Oct. 30th from 3-7 P.M. This family oriented event consists of carnival type games resulting in prizes and candy for the children. There is no admission charge. We feel this event offers a safe and fun environment for the children of Fountain Hills. We have promoted this event through Channel 11 (copy attached) and The Times, Mike Scharnow, will be doing some write ups during October. Last year we organized with Pat Harvey and Marshall Steve Gendler in making our"Hoe Down"a safe and smooth event. Sincerely, Ember Hartsock Event Coordinator L Located at:16239 East Ironwood Drive,Fountain Hills,Arizona 85268•Mailing Address:P.0.Box 17267,Fountain Hills,Arizona 85269•(602)837-3735 OCT-05-1999 13:06 TOWN OF FOUNTAIN HILLS 4340 F.05: 06 Special Event Request Page 2 of 2 LIABILITY RELEASE AND INDEMNIFICATION AGREEMENT AND AGREEMENT TO FURNISH INSURANCE As a condition to, and in consideration of the issuance of this requested permit,the applicant hereby agrees to procure and maintain insurance coverage protecting all aspects of activities involved in the permit. Such insurance shall cover public liability and property damage, including product liability if applicable,and shall include coverage for owned and non-owned autos,for all claims for damages for personal injury or death and property damage arising out of the activities for which this permit is issued. Such insurance to be in limits of not less than$1,000,000 combined single limit personal injury and property damage. The certificate of insurance reflecting this coverage shall name the Town as an additional insured as respects this Special Event Permit. • //0'f Si A or Agent Date of Application Name of nce Company: /71o°1-) /t(u/L146- /NSu,e,9/✓GF Policy#O&15A a.2e2 / policy Dates: 6/6/96 710 i/o6/100/ (DO NOT WRITE BELOW THIS LINE - OFFICE USE ONLY) Certificate of Insurance Filed: YES ,.� NO Approval by Town Marsh • Date: to io -c Comments: _ A rril I t tq / f4mf,..30/ Notification of Local Fire Department: Date- Contact Name ds Title - - Arrangements Made: Notification of Sheriff's Department:_ Date: Contact Name le Title: _ - Arrangements Made: Final av 1 y "1/65774 rn EY Title• o r Date: /6 --,1— OCT-05-1999 13:05 TOWN OF FOUNTAIN HILL'S eiN z ` , , , mc 4340 F. 1.'L 6 kl!"e‘4)14'CAP iroma off Tattanaltha EL1112 FI Special Event Request ECEIVEp Ititatis A OCT 1999 Foams "OaRK Name of Event Coordinator KaRTSOCK Address: Scot .,date, ,4Z. Telephone (residence) `/ -'-_3 7 4-3 4 2 9 (business 6 9 2-5 3 3 2 If the event L desired to be held on behalf of any person other than the applicant,the applicant shall supply written autharisaion from the organization sponsoring the event,dated not more than 90 days before the application,authorizing the applicant to apply for the permit on the sponsor's behalf. Name of organization:. teizzenzLey o God 837-3735 Telephony Address of Headquart • 16239 E. Iizonwood D2, fountain 1�� �� RZ ,► Description of Evert: , e o a„ _ Purpose of Ever an O e2 -t r 4e. .t o { a Q 4owee_n Location of Event: n, n r/ n (Attach asap or diagram of am to be used for event) Date of Event: 1 rtZ 3 r)/9 9 Beginning Time 3 j m 'Ending Time: 7 I What portion of the roadway, if any, will the event occupy? _-n 022.e Estimated number of persons, vehicles (and types, i.e. cars, trucks), animals, etc. participating: 2 Do you anticipate a need for the Town to provide any of the following. Please Not& The Town Marshal(or designated offidaD may establish requirements that may include (but are not limited to)personnel for emergency,traffic and crowd control,traffic control devices,and other services and equipment deemed necessary for the protection of event attendees as well as the community as a whole. Personnel - Supplies and Services:. An/g-tu veA-t�/ka2Jzjcade Vehicles and Other Equipment. none Fountain Hills Memorandum tikir TO: Cassie Hansen FROM: Steve Gendler DATE: October 10, 1999 SUBJECT: Special Event Request - First Assembly of God The purpose of this memorandum is to endorse the attached request from Ember Hartsock on behalf of the First Assembly of God Church. They are proposing a "Hallelujah Hoe Down" for the late afternoon and early evening of Saturday, October 30th. Background: In meeting with Ember Hartsock, I was able to determine that this event would be similar to one they organized last year using the same theme. It involves an "alternative" to halloween featuring music, games, and dancing. The event is held in the church parking lot at the corner of Fountain Hills Boulevard and Ironwood. A review of our records show no complaints, accidents or incidents associated with last year's event. Issues: My concerns, which were addressed by Ember Hartsock, included parking, traffic, and possible disturbance of the neighborhood. Each is addressed through the following provisions: Parking: At last year's event, vehicles were parked on both sides of Ironwood leaving minimal clearance for traffic or emergency vehicles. This year, we will be posting "no parking" signs on the northside of Ironwood in order to address this concern. In addition, "no parking" zones will be set up on Fountain Hills north and south of Ironwood and the church has agreed to provide a shuttle service from area parking lots to the event as they did successfully last year. Traffic: During last year's event, we stationed a patrol car at the intersection of Fountain Hills and Ironwood to ensure that traffic slowed and motorists came to a full stop. This helped provide for pedestrian safety when crossing the road to the event. In planning this year's event, we will be making a modification by only assigning a patrol car to the intersection for 15 minutes out of each hour. The church will be providing a "crossing guard" who will be equipped with a traffic vest and a portable stop sign provided by the town. Neighborhood Disturbance: The event organizers have changed the times from evening to late afternoon and early evening in order to reduce any disturbance to the neighborhood. This makes use of daylight hours when the music will be less of an inconvenience as well as ending the event at an earlier hour. In addition, they have agreed to notify all the neighbors in the surrounding area so everyone will be aware of the event. Recommendation: Based on the success of last year's event, the lack of complaints, the willingness to make modifications which improve parking and traffic safety, as well as the changes in the time to reduce neighborhood disturbance, I recommend approval of this request. ) - . . • Responses to Questions: ADLLC Questionaire 16. Equilon holds. licenses in Illinois, New Mexico, Colorado, California, Oregon, Washington, Texas, Kansas, Oklahoma, and Ohio. • • • • L • • Responses to Questions: ADLLC Questionaire 16. Equilon holds licenses in Illinois, New Mexico, Colorado, California, Oregon, Washington, Texas, Kansas, Oklahoma, and Ohio. ,"flhr„. R - AMERICAN LEGION • - P�.� —1\ POST#58 i � '�� FOUNTAIN HILLS,ARIZONA �—'c� 16850 Avenue of the Fountains '6,f-G i ``��` (602)837-5958 TO WHOM IT MAY CONCERN. The following businesses located at 16850 Ave of the Fountains have no objections to the American Legion being granted an extension of premises for a special event on the following dates : _ 6C j JO j 9 9.c1 SHEAR POINT HAIR DESIGN TIME—IN RESIGN • 40ER'c04• AMERICAN LEGION 44AWZ ' ',; POST #58 ����, FOl N l :UN IIILI.�, ARIZONA V;V.;\ :;,..� !. 'WE /'///�7 Arizonis-i , Dept . of Liquor Licenses . . The American Legion Poet 58 a.grees to suspend their Liquor License 14 for the period /00 7 qLeict,4 Richard La Penta Club Mgr. L L \b+ MEMORANDUM TO: PAUL L.NORDIN, TOWN MANAGER FROM: VICE-MAYOR PEN MOWER ''2 DATE: OCTOBER 6, 1999 SUBJECT: TOWN TRAFFIC STANDARDS COMMITTEE Paul, as we discussed, I would like to have the Council consider the approval of a committee to study and recommend traffic standards. In accordance, you have suggested that I compose a short paragraph on this subject that can be used in the council packet when we can agendize it. The following is a suggested paragraph: "The Marshal's Department has indicated that there are several inconsistencies in our traffic standards. These range from speed limits, hazardous intersections, signage, striping, and limited sight views. Because of this, there is confusion among the residents, which leads to a higher potential for accidents and injuries. These problems continue to grow in intensity as we grow in size and have increased traffic activity. It has been suggested that a committee be formed to review, study, and make recommendations to the Council to correct these inconsistencies. This committee should be comprised of representatives from various disciplines. This would include a member from each of the following: Marshal's Department, Engineering, Town Council, Sheriffs Department, and LEAP." cc: S. Gendler K. Martinez L TOWN OF FOUNTAIN HILLS MEMORANDUM L TO: The Honorable Mayor and Town Council THROUGH: Paul Nordin,Town Manager FROM: Geir Sverdrup, Senior Planne DATE: October 14, 1999 SUBJECT: General Plan Amendment GPA99-02 &Rezone Application Z99-15 This request is by Aslan Development to amend the General Plan from Multi-family Medium to General Commercial/Retail and to rezone from "R-3" Multi-family Zoning District to "C-2 Planned Unit Development"Zoning District at the corner of LaMontana and Palisades Blvd. The Planning and Zoning Commission Heard both applications on October 13, 1999. The Commission unanimously recommended denial of both applications. Please see the attached Planning and Zoning Commission reports for further details. L TOWN OF FOUNTAIN HILLS PLANNING AND ZONING COMMISSION REPORT October 21,1999 CASE NO.: GPA 99-02 LOCATION: North of Palisades Blvd. and west of LaMontana Blvd.. REQUEST: Consideration of a General Plan Amendment at the northwest corner of Palisades Blvd. and LaMontana Drive PROJECT MANAGER: Geir Sverdrup,Senior Planner DESCRIPTION: OWNER: Anthony&Gertrude Frangella and Norman&Gloria Butt. APPLICANT: Asian Development,L.L.C. EXISTING ZONING: "R-3" PROPOSED ZONING: "C-2 P.U.D." PARCEL SIZE: 2.023 Acres SURROUNDING LAND USES AND ZONING: NORTH: Developed multi-family.,zoned "R-3". SOUTH: Developed commercial(Bashas Center),zoned "C-2". EAST: Developed commercial(Goodwill,Town Hall),zoned "C-2" WEST: Developed multi-family.,zoned"R-3". SUMMARY: This request by Aslan Development, L.L.C. is to amend the General Plan from Multi-family Medium (MF/M)to General Commercial/Retail (C/R), a 2.023 acre parcel which is located north of Palisades Blvd., east of Almont Drive and west of LaMontana Drive The following staff report will review the aspects of the proposal,including the following: 1. A review of the applicable Principles and Guidelines contained within the General Plan, and the development's conformance with those Principles and Guidelines. — 2. The proposed change to the land use map and its compatibility with surrounding designations and uses. Adopted General Plan: The adopted General Plan Land Use Map designates this site for "Multi-family Medium" land uses, which denotes areas where higher density attached residential uses,such as duplexes and townhouses,are desirable and all urban services are available. Suitability for development, will be determined in part, based on Planning&Zoning Commission Report Asian General Plan Amendment GPA 99-02 October 21, 1999 Page 2 transportation access (arterial roadway and public transit), existing land use patterns and other public infrastructure capacity.. The General Plan Land Use Element presents Planning Recommendations for general areas, including: Land Use Principles, Land Use Definitions and Land Use Guidelines. Staff has identified several recommendations within these general areas which should be reviewed in order to determine the proposed General Plan Amendment following each item staff will state the pros and cons of each relating to this application. They are as follows: Land Use Element Land Use Principles The following generalized Land Use Principles should be utilized to determine the future specific locations of land uses that are generally indicated on the land use plan. They are also focused on promoting orderly and cost efficient development and perhaps most importantly,to preserve the character and beauty of the Town. -Preserve the unique natural and scenic resources of Fountain Hills while accommodating new residential and non-residential growth in an orderly and environmentally sound manner. Con- The proposed commercial/retail designation breaks past a clearly defined boundary between the existing C-2 and the existing R-3 zoning districts. Palisades Blvd and LaMontana provide an orderly break between the land uses. -Protect and preserve existing neighborhoods from incompatible adjacent land uses, inappropriate infill and the potential adverse effects of major capital improvements. Con- The properties adjacent to the proposed commercial use developed as multi- family. Allowing the Commercial/Retail to locate immediately adjacent would be an inappropriate infill project. Pro- The proposed project would provide a buffer from the traffic on Palisades Blvd. and create a micro community of the existing multi family and new service commercial. -Encourage the location of new residential land uses in infill areas that have existing or planned infrastructure (water, sanitary sewer, roads), and proximity to shopping facilities,recreation and community services. Con- The property has been planned and infrastructure developed for multi family uses and is ideally located for access to shopping facilities, recreation and community services. -Locate future commercial retail or office uses within the Town Center area which offers good access via the arterial street system and is near the focal areas for Noir community recreation and events. Planning&Zoning Commission Report Asian General Plan Amendment GPA 99-02 October 21, 1999 Page 3 Pro- The proposal replaces commercial opportunities recently removed from the Town Center by recent multi family project located in plats Town Center I&II as well as proposed removal of commercial in the Town Center 11 project and is immediately adjacent to the existing town center. -Encourage the development of the Town Center which will attract a variety of residential, cultural, institutional, commercial and entertainment/recreational opportunities; and has excellent accessibility with various forms of transportation, and is linked to future adjacent neighborhoods through a pedestrian pathway network. Con- The proposal removes an opportunity to add more commercial in an already struggling downtown commercial core. Pro- The proposal creates a complete four-sided node, which has access to the town's commercial core and links with the existing residential area with sidewalks. Land Use Definitions Multi-Family/Medium Density Residential(4-8 DU/AC) The Multi-Family/Medium Density Residential category denotes areas where higher density titaw attached residential uses, such as duplexes and townhouses, are desirable and all urban services are available. Suitability for development, will be determined in part, based on transportation access (arterial roadway and public transit), existing land use patterns and other public infrastructure capacity. General Commercial/Retail The General Commercial/Retail category includes areas providing for the sale of convenience goods (food, drugs, and sundries) and personal services which meet the daily needs of a multi- neighborhood trade area. Land Use Guidelines Multi-Family/Medium Density Residential(4.0-8.0 DU/AC) Within any particular development, net densities greater than 8.0 DU/AC could be permitted in concentrated areas to direct development away from more environmentally sensitive proportions of a total site but only if areas of lower densities offset the increase such that a gross density of no more than 8 DU/AC is maintained. Any increase in such density must be accompanied by enhanced site amenities and/or extra-ordinary dedications for open space preservation,parks or trails. Multi-Family/Medium Density Residential will be particularly encouraged for development in the Town Center area between existing developed residential and Planning&Zoning Commission Report Asian General Plan Amendment GPA 99-02 October 21, 1999 Page 4 commercial areas. These transition zones between existing developed areas should be developed with exceptional design, enhanced site amenities, extraordinary landscaped setbacks from collector roadway corridors and limited access to the arterial roadway corridor. Commercial/Retail Future development of retail facilities (those serving a population of 4,000 to 8,000 people located within a service area with a one to two mile radius)should be limited to the existing sites and those areas designated on the Land Use Plan Map. The General plan also identifies problems and Goals&Objectives which must be reviewed in regards to identified problems which affect this application. The following are the identified problems relating to this GPA request: A) Imbalance of Commercially zoned land relative to projected need: The projected demand for commercially zoned land by 2012 is approximately 155 additional gross acres beyond the estimated 90 gross acres occupied in 1992. With a total of approximately 500 gross acres of commercially zoned land existing in 1992, there will be a potential surplus of 250 acres in 2012. The Town should address shifting some of the commercial zones to other areas where they are more appropriate. Con- In 1992, when the General Plan was written, there was an imbalance of 500 commercially zoned acres developed and/or available for development. At that time the projected need for additional commercial land was 155 acres by 2012. With the existing 90 acres developed, that left 245 acres above and beyond projected needs. These numbers do not reflect the additional acreage added to the commercial count by Crossroads Convenience Center, Bank of America, Plat 705 & 706, Eagle Mountain and the proposed Shea Retail Center. Pro- There are two approved projects for multi family in Town Center I&II as well as other potential multi family projects not yet submitted, and a proposal for a multi family element in the proposed Town Center III project, they may or may not counteract the additional commercial added the base or the existing imbalance. D) The lack of mixed use development in the Town Center: Fountain Hills is unique for many reasons, one of which relates to the foresight of early community planners to reserve an area at the center of the Community for a Town Center or central business district. The reality is in 1992 we have the benefit of looking back over the last 20 years and projecting forward at least for the next 20 years. The Town Center has been a struggle at best, attempting to find viable Planning&Zoning Commission Report 1/4169 Asian General Plan Amendment GPA 99-02 October 21, 1999 Page 5 commercial uses, proceeding with individually owned developments without an overall thematic continuity. The Town should clarify its commitment to the Town Center and address various needs. Study should be given to potential mixed use components and the functional needs such as parking, landscape, requirements, retail deliveries,etc. Con- The addition of 2.5 acres of commercially zoned land adjacent to the Town Center doe not re-enforce the Town commitment to the downtown., it in fact may exacerbate an existing struggle to finish the downtown development Pro- The addition of commercial/retail services could create a semi- independent node of mixed-use at the location. The more intense commercial use would be available at a short walk across the street(Bashas Center). G) The need to address random pattern of commercial development: The overabundance of commercially zoned land in Fountain Hills has allowed commercial development to take place on a sporadic basis. Because the commercially zoned areas have been developed largely through land sales programs, Fountain Hills lacks a cohesiveness in its commercial core. Not only is the commercial development in Fountain Hills over large tracts of land and in different geographic locations, but the type of development is diverse. The area projected as being the downtown area is having to compete with two retail shopping centers for specialty retail shops. The size of lots and the land development scheme of the various commercial areas has provided a diversity of development opportunity beyond the ability of the Town to support in terms of total acreage necessary to provide such diversity. The Town needs to develop greater continuity with its overall commercial development. Measures to encourage the overall reduction of commercially zoned land so new commercial development will infill into the areas that has existing commercial development. Con- Permitting additional commercial land outside the established commercial core will add to the sporadic nature of the existing development and does not encourage the overall reduction of commercially zoned land so new commercial development will infill into the areas that have existing commercial development. Pro- There appears to be a shift to the north of the commercial pattern. Land in the southern half of Plat 208(Town Center III)are being planned for multi- family and the community center. Lot 6 in Town Center 1 is being developed multi- family (Thunder Ridge), Lots 1 & 2 have just been approved for a senior care facility. Lot 5 in Town Center II is approved for multi family (The Villas of Fountain Hills) and lot 1 is to be the new location for the Catholic Church. Staff has seen conceptual plans to develop lots 2 & 4 as multi family. Therefore the imbalance may not be as severe as it has been in the past. L Planning&Zoning Commission Report Asian General Plan Amendment GPA 99-02 October 21, 1999 Page 6 Visions,Goals,and Objectives Vision: Maintain a small town community character which sensitively allocates land for future development in all land uses, and provides for preservation of the flora and fauna of the Sonoran Desert which characterizes Fountain Hills'quality of life. Goal 1.0 Promote Fountain Hills as a place to live, work and play surrounded by the natural Sonoran desert. Objective 1.2 Maintain mixed residential land uses with provisions for an employment base,and daily retail and service needs. Pro- Could provide job opportunities for area residents within walking distance from their homes as well as daily retail/service needs. Objective 1.3 Reinforce neighborhood identities and their relationship to the whole Community. Con- Promotes encroachment of commercial into an established neighborhood Goal 3.0 Encourage a compatible mix of land uses which maintains the Fountain Hills lifestyle. Objective 3.4 Encourage individual mixed use developments in the Town Center area with a range of uses within each where higher density housing, retail and commercial office, institutional, cultural and recreational uses can co-exist and promote a pedestrian environment. Pro- Creates a node of mixed use which with the right commercial/retail services creates a partially self-sustaining mini-community with access to an existing commercial core and town services. Evaluation: Staff has reviewed of the proposed General Plan Amendment for the Aslan Development,L.L.C., and has reviewed the Principles, Definitions and Guidelines contained in the General Plan for Multi-family and Commercial developments. The Problem Identification and Goals and Objectives have also been reviewed. Staff finds that there are pros and cons associated with this request. This corner could be considered "the odd man out" for a commercial node. The future of the site has not been defined with the exception that the applicant would like the opportunity to add commercial "C-2" uses. "C-2" Zoning District allows for the development of all uses from "C-O', "C-C", and "C-1" within the "C-2". These include general offices, restaurants, amusement arcades, automobile laundries & repair shops, gas stations, hotels/motels,plumbing shops and theaters just to name a few. Once approved for the proposed "C-2", the Town has no ability to limit the less desirable uses permitted within the proposed zoning district unless the town and the applicant can arrived at a mutually acceptable P.U.D. which specifically lists permitted uses and specifically lists prohibited uses. The commercial zoning district also permits a building height of 40 feet. The applicant has worked with staff to prepare a Planned Unit Development for this site(Next agenda item)which provides assurances to the Town and the neighbors. Planning&Zoning Commission Report Asian General Plan Amendment `r GPA 99-02 October 21, 1999 Page 7 The application has been sent out for review by neighboring communities and the Arizona Department of Commerce. As of the writing of this report only the Dept of Commerce has responded. Their letter states many of the same pros and cons as stated by staff. The letter does not clearly state a position for approval or denial. Copies of the letters are attached to this report. Staff also sent out notices to the neighbors within 300 feet. At this time staff has received nineteen (19) letters of opposition and several calls in opposition. Staff has received thirty-three (33) letters of support with a total of fifty-one (51) signatures regarding this request. The letters of opposition and support are a separate attachment to this report with a map indicating the locations of the letters. The bulk of the letters of opposition are from Cambria Court Condominiums and Northstar Condominiums located at the eastern end of the block with one apartment owner protesting across the street to the west. The support is from all over the community with two of the lots immediately adjacent to the project(lots 2 and 10). Past history has indicated an unwillingness of the Council and Commission to consider commercial north of Palisades Blvd. west of LaMontana. Staff has reviewed the Land Use Principles, Land Use Definitions, Land Use Guidelines as well as the Vision,Goals and Policies set forth in the General Plan,there is an even amount of pros and associated with this request. The applicant has attempted to meet with the opposition without success. The applicant has worked with staff to develop a P.U.D for the proposed "C-2 (Planned Unit Development)which prohibits the more noxious uses permitted in"C-2"and has limited the maximum height of the building to 25 feet. The applicant has indicated that additional letters of support are forthcoming. With support for the amendment by abutting property owners, staff was supportive of the applicants request for General Plan Amendment changing the designation of these lots from Multi-family to General Commercial/Retail. As of the Planning and Zoning Commission meeting there were two abutting property owners in support of the request. Planning and Zoning Commission: The Commission heard this request at the October 13, 1999 Commission meeting. The Commission noted that the majority of the comments/concerns from the opposition were increased noise, light pollution and traffic. Several of the opponents spoke to voice their concern and one supporter spoke. The Commission felt that as the downtown was still developing that this project was the wrong project at the wrong time. Commissioner Combs excused himself from the discussions due to his conflict of interest. The Commission voted 6-0 to deny the request. Recommendation: The Planning and Zoning Commission unanimously recommended denial of this request to the Town Council due to the inappropriate location and timing of the project. o0� si =, TOWN OF FOUNTAIN HILLS 1.4.6,s COMMUNITY DEVELOPMENT DEPARTMENT Date Filed Fee Pai. Accepted By C'0/y7f /99 I -X�S -� t11. (a(0..) Applicant Day Phone /4'4 [4t'619rpzfy % C W-J /- ,a?// Address City ST Zip PO • B0A- /���o I �cof ,z 57) Owner 7 d" c,saes/ Day Phone Address I City I ST I Zip Legal Description of Property Under Consideration Z--./f/Killelael/eir Present Generalen Plan Land Use lassification(s) c�nt�G J Proposed General Plan - Land Use Classification(s) Acres Unit Gross Density rngle FamilyNery Low Density esidential (0.025-1.0 DU/AC) Single Family/Low Density Residential (1 -2 DU/AC) Single Family/Medium Density Residential (2-4.5 DU/AC) Multi Family/Medium Density Residential (4-8 DU/AC) Multi Family/High Density Residential(8- 12 DU/AC) Mixed Use Office General CommerciaVRetail ? Lodging d /G Industrial Utility Government School Park Golf Courses (11w)en Space Signature of Owner Date TFH Case Number 5Z-1 71-7 G' Pt99i -vim R J TOWN OF FOUNTAIN HILLS GENERAL PLAN AMENDMENT (Page 2 of 2) W" If application is being filed by an agent of the owner please complete the following shaded section: • • � �1{/�/�' vl..Ve (��//�I•t c�� ��� �. r.• ��`.r P Sa.J.a Y �5 s . +{ iCr 9 S � , as my agent to file this application. Subscribed and sworn before me this ; . = - day of �._.,. .z f j ,_ ' ' .r .11;,t4ps: *—r Vy9•R yMl.J -;' , �+.. 'S w< rK''r .y • Notery .1 f t f NA PIq LCorr mi Expires µ _., �.................__.. •...sir. Please provide the following (attach additional sheets if necessary) 1. Mailing labels with names and addresses of all property owners within 300 feet of the external boundaries of the subject property. 2. Land Use Plan A. Please identify the conditions that require the General Plan to be amended. A narrative on how this proposed amendment to the General Plan will help Fountain Hills achieve it General Plan Goals and Objectives. B. Existing General Plan land use designations. ,,. C. A map showing the proposed land use designations and a table providing information on the existing density ranges and the proposed density ranges and the population forecast for the area. D. A graphic analysis of the vegetative features of the area. E. A slope analysis of the area showing areas that are zero to 10 percent, 10 to 20 percent, 20 to 30 percent, and greater than 30 percent in slope. 3. Circulation Plan A. Street system inventory. B. Existing traffic volumes. C. Projected traffic volumes at full development. D. Alternative transportation facilities. 4. Parks, Recreation and Open Space Plan A. Show areas proposed to be designated as natural open space, park land, and recreation areas. B. Describe the parks and recreation needs for the use described in the Area Specific Plan and how these needs are to be fulfilled. 5. Infrastructure Impact Provide a narrative on water and sewer service infrastructure needed to serve the area under consideration. Provide 3 full size prints (24" X 36") of all the graphics requested. TFH Case Number • TOWN OF FOUNTAIN HILLS GENERAL PLAN AMENDMENT (Page 2 of 2) r' If application is being filed by an agent of the owner please complete the following shaded section: (Pleas p . y _ ,, -< .., .. .-w not ,.�� . ,�,� � , h • h size -� � as my agent file this application �: .M,�T ���'° Sub�,cril�ed and sworn before methis * of - �. L 4. p4c6 G s fs��+ c 14 r t+ t .au , !191i !i. . _.. .rr ';.ra4he r•tIt c�.;t -1-4 , `! � , Commission Expi, .;T "' i to-.s.f '�: y �r ;, ... 9,,,',-,x4tt e"c�t a 4 1 �" ls.' tlse,:4. a 1, �� •••- R f i t R 1 ra• Z At.,..';',":,-,,,-' -ettss� R G^?a �s^ 4 LG S t4` .?4 V. l'. ` .*i # '.4''''*'^" -*x .xf't t- � In °: s �•4L` ' ''"" ,1„" ..T.- 17' r•.. .;*".0 "•. •sa _ e Z"t. ..f••. '"'' A Y;:ai.! r, " .."'..•ve Y''', z4 ii."`_••..�. Stamp) N....... :hii;''7. rs`' `a - tv+ q s. I.s R xS"k'° 1'�r4""T:: , Please provide the following (attach additional sheets if necessary) 1. Mailing labels with names and addresses of all property owners within 300 feet of the external boundaries of the subject property. 2. Land Use Plan A. Please identify the conditions that require the General Plan to be amended. A narrative on how this proposed amendment to the General Plan will help Fountain Hills achieve it General Plan Goals and Objectives. B. Existing General Plan land use designations. ,,, C. A map showing the proposed land use designations and a table providing information on the existing density ranges and the proposed density ranges and the population forecast for the area. D. A graphic analysis of the vegetative features of the area. E. A slope analysis of the area showing areas that are zero to 10 percent, 10 to 20 percent, 20 to 30 percent, and greater than 30 percent in slope. 3. Circulation Plan A. Street system inventory. B. Existing traffic volumes. C. Projected traffic volumes at full development. D. Alternative transportation facilities. 4. Parks, Recreation and Open Space Plan A. Show areas proposed to be designated as natural open space, park land, and recreation areas. B. Describe the parks and recreation needs for the use described in the Area Specific Plan and how these needs are to be fulfilled. 5. Infrastructure Impact Provide a narrative on water and sewer service infrastructure needed to serve the area under consideration. Provide 3 full size prints (24" X 36") of all the graphics requested TFH Case Number i ASLAN DEVELOPMENT,L.L.C. P.O. Box 18118 FOUNTAIN HILLS, ARIZONA 85269 (480)39 1-1 2 1 1 FAX: (480) 39 1-1272 July 8, 1999 Town of Fountain Hills 16838 East Palisades Blvd. Fountain Hills,AZ 85268 Attn: Mr. Geir Sverdrup RE: Re: General Plan Amendment for 102-3-1,11,12 Dear Mr. Sverdrup: 1.)Mailing Labels Please see attached for a list of all of the adjacent property owners within 300'if this is sufficient we will provide the required mailing labels immediately. L 2.)Land Use Plan A. The proposed site is located on the corner of La Montana and Palisades Blvd. almost adjacent to the town offices. Currently this corner is developed on three sides with C-2 developments and meets all the traffic warrants for a stoplight.We feel that a natural completion of this intersection would be as a commercial corner. With the amount of traffic on this corner and the future stoplight any type of housing would naturally suffer at this intersection. Currently this piece of land has a multi-family designation in the General Plan.We are seeking to match it's designation to that of the adjacent corners which is General Commercial/Retail. Our reasons for seeking this change is as follows: 1.)To try and keep retail development in the downtown area. 2.)To offset the fact that over half of Town Center I and Town Center II have been converted to-other uses that do not generate sales tax revenue(see attached map). 3.)We have a client base that would be willing to locate in Fountain Hills but they would locate only on Shea or on Palisades between Fountain Hills Blvd. and La Montana. 4.)Currently there is an over abundance of multifamily projects in Fountain Hills we would convert this piece from one that is a financial drain on the Town(as multi-family is)to one that would generate serious sales tax revenues while encouraging some retail synergy in the downtown area. B. Existing General Plan land use designation :Multifamily/Medium. • C. See attached map. D. This site was mass graded many years ago and as such does not contain any vegetation other than weeds. E. Since this site was mass graded it all currently slopes from the West to the East and at no point does the slope exceed 10'/0. 3.)Circulation Plan A. The site has been fully developed in respect to the street system.It is bounded by Almont on the West,Palisades on the South,and La Montana on the East. B,C,D. Rather than fight the inevitable we would expect since this corner already meets the warrants for a stoplight to participate in paying for our share of the stoplight thus waiving the need for further traffic studies. 4.)Parks,Recreation and Open Space Plan A,B. Due to the small size of this parcel no park land or recreation areas will be part of this project but we are proposing a 25'landscape buffer with the buffer wall to our side between our parcel and the apartments and condos directly behind us. 5.)Infrastructure Impact The infrastructure impact should be lessened by this amendment to the General Plan as retail uses would have only a fraction of the impact another multifamily project would have on effluent and potable water. Sincerely, • • John Gilligan Partner JG/tc L ARIZONA DtPARTMENT OF COMMERCE COMMUNITY ASSISTANCE DIVISION SANE DEE HULL HACKIE VIEM PAT SCMROEDER,CED GOVERNOR DIRECTOR DIRECTOR COMMUNITY ASSISTANCE DMSION August 18, 1999 Mr. Geir Sverdrup Senior Planner City of Fountain Hills 16836 East Palisades Blvd. Fountain Hills. AZ 85268 Re: General Plan Amendment Case GPA998-02 Dear Mr, Sverdrup: In 1998. Governor Hull signed into law the Growing Smarter Act, described as a comprehensive lard use planning and zoning reform mechanism to "further the best interests of our citizens by protecting our natural heritage and wisely managing the growth of our communities." As with the previous planning statutes, the Arizona Department of Commerce is designated to receive a review copy of any plan or amendment at least sixty days prior to adoption (ARS §9-461.06.0 4). There is no specific planning authority attached to this informational review, however, as a state agency dedicated to the economic sustainability of all Arizona communities, we take this review very seriously and do ol.ir utmost to ensure that constructive and meaningful recommendations and observations are provided In conducting a review, various planning, economic development, community development, housing, Main Street and other professionals within this agency participate depending upon the specific nature of a given plan or amendment. We may also seek the expertise of those outside this agency, if deemed necessary. Our primary role is to interpret the statutes and compare the draft plan's content with the intent of these statutes along with offering comments based on the area's of agency personnel expertise and experience in working throughout Arizona's urban and rural communities. The following is a compilation of observations and recommendations provided in relation to the Fountain Hills General Plan Amendment 998-02. ❖ According to the adopted General Plan. the parcel is located within the Town Center planning area. In the Plan, the area is described as one where "commercial and multi-family uses are expected to develop" (4-12). Therefore, the proposed amendment does not appear to be in conflict with the plan's overall intent for this planning area. ❖ On the other hand. Section 4.2 in the General Plan lists "Imbalance of Commercially zoned land relative to projected need"as a problem in the Town. To address the surplus of commercial land. the Plan states that the "Town should rezone some of the commercially- zoned land to more appropriate zoning districts". Approving this request would seem to conflict with this General Plan directive. If commercially zoned land already exists in abundance, perhaps the applicant should be encouraged to locate a new establishment on this available land. 3800 NORTH CENTRAL AVENUE • SUITE 1400 • PHOENIX, AZ 85012 • 602.280.1350 • TDD 602.280.1301 FAX 602.280.1305 • WEB SITE http://www.state.oz.us/commerce i . Geir Sverdrup August 18. 1999 Page Two ❖ Additionally, "The need to address random pattern of commercial development"is also listed as a problem in Section 4.2. To address this issue, the Plan encourages the Town to ensure "new development will infill into the areas designated for commercial development" and to deny "rezones which would create more commercially-zoned land". Approval of this amendment appears in conflict with this policy. However, the land use change does concentrate commercial activity in the Town Center which might be beneficial to the surrounding commercial/retail establishments within the Center. ❖ The General Plan details the number of multi-family units and related land area for such units in Fountain Hills. Assuming these numbers resulted from a thoughtful consideration of how much multi-family housing was needed in the community, will the loss of these 2.5 acres negatively affect the future availability of multi-family housing? ❖ How does the change comply with the Area Specific Plan for the Town Center if such a plan has been completed? (Could you please forward a copy to our office if completed?) ❖ The applicant provides an opinion that any housing at the intersection would "naturally suffer" due to traffic and a stoplight. Does the Town agree with this opinion? It would seem that with good design, multi-family residential would still be a viable option. Commercial use here might actually increase traffic at an apparently already busy intersection. ❖ How much of the project area would be needed for parking? What effects will additional commercial/retail parking have on the intersection and on the visual character of this area? ❖ If the change is approved, perhaps some thought could be given to integrating the commercial/retail establishment into the surrounding multi-family development rather than creating a barrier around it (i.e. provide pedestrian access at the back, include attention to the back of the building's design and landscaping, etc.). If the Plan's intent is to create a Town Center that includes both multi-family and commercial in a mixed-use environment, it does not seem advisable to isolate a potential neighborhood commercial use from it's neighborhood. This could also be a way to incorporate park-like open space into the project. The Arizona Department of Commerce appreciates the opportunity to review this General Plan Amendment for Fountain Hills. If you have any questions. would like to discuss the above comments further, or wish to inquire as to other information and resource materials available within the Department. please do not hesitate to contact the Community Assistance Division at (602) 280-1350. Good luck in your efforts to guide the future of your community. incerely. v der Debra Z. Sydenha 1 P c90601( Susan Jackson. AICP Community Planning anager Community Planning Specialist Community Assistance Division Community Assistance Division Arizona Department of Commerce Arizona Department of Commerce RESOLUTION#1999-51 L A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA, AMENDING THE GENERAL PLAN OF THE TOWN OF FOUNTAIN HILLS, ARIZONA TO CHANGE THE DESIGNATION OF FOUNTAIN HILLS FINAL PLAT 102, BLOCK 3, LOTS 1, 11 & 12 FROM MULTI- FAMILY/MEDIUM TO GENERAL COMMERCIAL/RETAIL WHEREAS The Town of Fountain Hills adopted The Fountain Hills General Plan on May 6, 1993 with the adoption of Resolution#1993-15; and WHEREAS The Fountain Hills General Plan has designated the area known as "Fountain Hills Final Plat 102, Block 3,Lots 1, 11 & 12", located in Section 15, Township 3 North, Range 6 East of the Gila and Salt River Meridian, Maricopa County, Arizona, as Multi-Family/Medium; and WHEREAS The Town of Fountain Hills has received an application from Aslan Development, L.L.C. for an General Plan Amendment in Section 15, Township 3 North, Range 6 East of the Gila and Salt River Meridian, Maricopa County, Arizona; 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 Fountain Hilsl Times, on August 25, Septemberl, 8, 15, 1999, public hearings to be held by the Fountain Hills Planning and Zoning Commission on September 9 & October 14, 1999,to invite comments from the public; and WHEREAS The Fountain Hills Planning and Zoning Commission made its recommendations known to the Town Council on October 21, 1999; 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 25, Septemberl, 8, 15, 1999, public hearing to be held by the Fountain Hills Town Council on October 21, 1999, to invite comments from the public; and NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA AS FOLLOWS: RESOULUTION 1999-51 Page 1 of 3 PASS IL C)—`)" C{ 9_ r MOTION P' `oA�r SECOND •P0 rc` COUNT <D -0 Section 1. The Fountain Hills General Plan is hereby amended to replaced its designations as tor shown on "Exhibit"A" located in Section 15 of Township 3 North,Range 6 East of the Gila and Salt River Meridian,Maricopa County,Arizona PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona,this 21st day of October, 1999. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: 0-444-t-LD , ..,-IlAv1.d.�J Sharon Morgan,Mayo Cassie B. Hansen,Town Clerk iAPPR' 'T WED BY: OVED AS TO FORM: k/l-A--:._____. .147--etotIN /67Z&G-1( Paul . N rdin, own Manag er William E. Farrell,Town Attorney 41100 kw RESOULUTION 1999-51 Page 2 of 3 TOWN OF FOUNTAIN HILLS 111 PLANNING AND ZONING COMMISSION REPORT October 21,1999 CASE NO.: Z 99-15 LOCATION: North of Palisades Blvd. and west of LaMontana Blvd.. REQUEST: Consideration of an application to rezone the northwest corner of Palisades Blvd. and LaMontana Drive from "R-3" Multi-family Zoning District to "C-2 Planned Unit Development"Zoning District PROJECT MANAGER: Geir H. Sverdrup,Senior Planner DESCRIPTION: OWNER: Anthony&Gertrude Frangella and Norman&Gloria Butt. APPLICANT: Asian Development,L.L.C. EXISTING ZONING: "R-3" PROPOSED ZONING: "C-2 P.U.D." PARCEL SIZE: 2.023 Acres SURROUNDING LAND USES AND ZONING: Lir NORTH: Developed multi-family.,zoned "R-3". SOUTH: Developed commercial(Bashas Center),zoned "C-2". EAST: Developed commercial(Goodwill,Town Hall),zoned "C-2" WEST: Developed multi-family.,zoned"R-3". SUMMARY: This request by Asian Development, L.L.C. is to rezone a 2.023 acre parcel which is located north of Palisades Blvd., east of Almont Drive and west of LaMontana Drive from "R-3" Multi-family Zoning District to"C-2 Planned Unit Development"Zoning District The following staff report will review the aspects of the proposal,including the following: 1. The review of the applicable Principles and Guidelines contained within the General Plan, and the development's conformance with those Principles and Guidelines as stated in the staff report for GPA99-02(the previous item on the agenda). 2. The proposed change to the land use map and its compatibility with surrounding designations and uses. Planning&Zoning Commission Report Asian Rezone/'R-3"to"C-2PUD" �Ilr„r Z 99-15 October 21, 1999 Page 2 Adopted General Plan: The adopted General Plan Land Use Map designates this site for "Multi-family Medium" land uses, which denotes areas where higher density attached residential uses,such as duplexes and townhouses,are desirable and all urban services are available. Suitability for development will be determined in part, based on transportation access (arterial roadway and public transit), existing land use patterns and other public infrastructure capacity. The analysis of the General Plan Amendment in the previous agenda item showed an even number of pros and cons to the request change in land use designation. Zoning The proposed Planned Unit Development limits the building height to 25 feet. The elevations shown in the submittal from the applicant shows a small section at a height of 22 feet. The remainder of the site is shown at 16 feet. The existing "R-3" would allow a maximum height of 30 feet. The proposed PUD fixes the required setbacks for"C-2"commercial at 25 feet,this is five feet less than the"R-3"zoning on the property lines adjacent to exiting multi-family, but will not allow a 10 foot setback as "C-2 may allow in certain conditions. The ten foot setback along Palisades Blvd. and LaMontana Dr. is less than the required 30 foot setback,which"R-3"requires along street property lines. Evaluation: The applicant in conjunction with town staff has prepared a P.U.D which prohibits all automotive service uses, amusement arcades, bars and hotels, drive-in windows would be allowed by special use permit only. The applicant has voluntarily met the landscape standards for the Town Center Commercial Zoning District (TCCZD) which includes a higher density of plant materials. The proposed sign package also emulates the TCCZD standards. A copy of the proposed PUD ordinance is attached to this report. Staff has reviewed GPA99-02, a request to amend the General Plan by Aslan Development, L.L.C. Staff has reviewed the Principles, Definitions and Guidelines contained in the General Plan for Multi-family and Commercial developments. The Problem Identification and Goals and Objectives have also been reviewed. Staff determined that there are pros and cons associated with the request. The application was sent out for review by neighboring communities and the Arizona Department of Commerce. Only the Dept of Commerce has responded. Their letter states many of the same pros and cons as stated by staff. The letter does not clearly state a position for approval or denial. A copy of the letter is attached to this report. Staff also sent out notices to the neighbors within 300 feet. At this time staff has received nineteen (19)letters of opposition and several calls in opposition. Staff has received thirty-three(33)letters of support with a total of fifty-one (51) signatures regarding this request. The letters of opposition and support are a separate attachment to this report with a map indicating the locations of the letters. The bulk of the letters of opposition are from Cambria Court Condominiums and Northstar Condominiums located at the eastern end of the block with one apartment owner protesting across the street to the west. The support is from all over the community with two of the lots immediately adjacent to the project(lots 2 and 10). Past history has indicated an unwillingness of the Council and Commission to consider commercial north of Palisades Blvd. west of LaMontana. Staff has reviewed the Land Use Principles, Land Use Definitions, Land Use Guidelines as well as the Vision,Goals and Policies set forth in the General Plan,there is an even Planning&Zoning Commission Report Low Asian Rezone/"R-3"to"C-2PUD" Z 99-15 October 21, 1999 Page 3 amount of pros and associated with this request. The applicant has attempted to meet with the opposition without success. The applicant has worked with staff to develop a P.U.D for the proposed "C-2 {Planned Unit Development)which prohibits the more noxious uses permitted in"C-2"and has limited the maximum height of the building to 25 feet. The applicant has indicated that additional letters of support are forthcoming. With support for the amendment by abutting property owners, staff was supportive of the applicants request for "C-2 Planned Unit Development" Zoning District changing the designation of these lots from "R-3" Multi-family to "C-2 PUD" Intermediate Commercial Planned Unit Development. As of the Planning and Zoning Commission meeting there were two abutting property owners in support of the request. Planning and Zoning Commission: The Commission heard this request at the October 13, 1999 Commission meeting. Staff advised the Commission that as the previous amendment had been denied and this request was not in compliance with the General Plan that this request should be denied. The Commission voted 6-0 to deny this request since they had denied the General Plan Amendment. Recommendation: The Planning and Zoning Commission unanimously recommended denial of this request to the Town Council due to the non-compliance with the General Plan. tit TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT ,1i(tiN _, _ . T��k1 � Date Filed O �►q F Paid Accepte y 7 D / �c 't"N�lat r' e-I S II Location o Sub' ct P,�p,/p_eiY L / w'il'44.ta. d- (�a I/ ,S4 Legal Description: Plat O Z Block Lot(s) Applicant/Owner A Day Phone C • 3.7 I - / a n l Addres � � City ST Zip D goy /i630 Sao " a Tz y )) 7 Current Zoning Proposed Zoning General Plan Land Use CI ssification® Proposed Land Uses Acres Units Gross Density Single Family Multi-Family Commercial 2, ' awe- Industrial i.odging Other 1. Describe the current water service serving the area. : 4 ,1 • 2. Describe,water service infrastructure improvements needed to serve the area. /`(/lo 3. Describe current sewer system serving the area. , k• ),/1/7 4. Describe the sewer system improvements needed to serve the area. to 5. Describe the existing street system that would provide vehicular access to the area. t. • 6. Describe any new streets needed or anticipated in the area or as a result of the proposed rezoning. /0/2 e TFH Case Number (Attach additional sheets if necessary) Page 1 of 2 TOWN OF FOUNTAIN HILLS REZONING APPLICATION (Page 2 of 2) S ure of Own7rd �•r-- Date ¶?4& & 4/2%1/19 If application is being filed by an agent of the owner please complete the following: (Please print) 1, Norsiavl U e rl'a F. Ig.ti , hereby authorize AS Iu.I I)eve i or►M.evc+) L . L . C . , as my agent to file this application. Subscribed and sworn before me this ? 9,f1 day of . 1999 My Commission ExpireslAlR at E p! ltntr Notary Public Notary Public,Macomb( y,IJ • My Commission Expires Aug.25,2000 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. L2. 3 full size prints (preferably 24"X 36") of the site and surrounding 300 feet showing the existing zoning ind land uses. 3. Existing site plan with topography with one to five foot contours as determined by the Town of Fountain Hills. 4. Proposed development plan showing topography, existing and prosed drainage systems, streets, preliminary lot lines, land preservation areas, open spaces, land uses, and other information as required in Section 2.01.B of the Zoning Ordinance for the Town of Fountain Hills and/or requested by the Town of Fountain Hills. 5. If a Planned Unit Development ("PUD") is being requested, provide a narrative describing which of the three minimum criteria is being met as described in Section 2.05.0 of the Zoning Ordinance for the Town of Fountain Hills. 6. 1 8.5" X 11" photostatic reduction of each of the above referenced exhibits. 7. Title report verifying the applicant as property owner. Rezoning Fee: $1000 plus $5 for every mailing label submitted PUD Fee: $1000 plus $5 for every mailing label submitted Cre TFH Case Number • TOWN OF FOUNTAIN HILLS RE NIN APPLI ATI N (Page 2 of • Signature of nerX- /Z 7 frXxele )17- atewasr Anthony F. Frangella Gertrude e M. Frangella ,6 — _ If application is being filed by an agent of the owner please complete the following: (Please print) i ,A h1t o i1 FraKteI Ia 4- Ge vtri.Je (k Feayku hereby authorize AS I q vt le%I ore vi+-t L,L. L. C- . , as my agent to file this application. Subscribed and s orn before me this —? day of uN c= , 19 P l • DONNA PAK Com fission Expires 3— —`2 o o a; Notary Public Notary Public, State of Illinois My Commission Expires 3/6/2002 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. 2. 3 full size prints (preferably 24" X 36") of the site and surrounding 300 feet showing the existing zoning nd land uses. 3. Existing site plan with topography with one to five foot contours as determined by the Town of Fountain Hills. 4. Proposed development plan showing topography, existing and prosed drainage systems, streets, preliminary lot lines, land preservation areas, open spaces, land uses, and other information as required in Section 2.01.E of the Zoning Ordinance for the Town of Fountain Hills and/or requested by the Town of Fountain Hills. 5. If a Planned Unit Development ("PUD") is being requested, provide a narrative describing which of the three minimum criteria is being met as described in Section 2.05.0 of the Zoning Ordinance for the Town of Fountain Hills. 6. 1 8.5" X 11" photostatic reduction of each of the above referenced exhibits. 7. Title report verifying the applicant as property owner. Rezoning Fee: $1000 plus $5 for every mailing label submitted PUD Fee: $1000 plus $5 for every mailing label submitted TFH Case Number • N / \`‘, .,. 1, .'. :.' ...e.fr" • 1010 • -.1i`•%.' I • /'�t / ,,-- .1.. . ) I • \ 3 1t ii W. \ iii / • • ,N. , 00„\. , . -F .„7,. ,.„A„ • ,,,,,, , . 11 . 0 ‘, _, \ , \• ,•,.... _....,, . / / ., ii, ,,' (h.... \,.\..... t4k • q :‘ ,) i o `^ . • .. • • o,i 5/Amp • t,..„4" - - / t o 1* , ; J Q[Vl v / If 1 4 y.n it r4 •'fit \ LH 741111 / , 0 s 61 Q 6 , Cob TOWN OF FOUNTAIN HILLS ORDINANCE 99-29 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TEXT OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, ARIZONA PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, AND BY AMENDING THE OFFICIAL ZONING DISTRICTS MAP OF THE TOWN OF FOUNTAIN HILLS BY DESIGNATING 2.023 ACRES OF LAND, AS LEGALLY DESCRIBED IN EXHIBIT "A" AND GRAPHICALLY DEPICTED IN EXHIBIT "B" FROM "R-3" MULTI-FAMILY RESIDENTIAL ZONING DISTRICT TO "C-2 P.U.D." INTERMEDIATE COMMERCIAL ZONING DISTRICT. WHEREAS, The Town of Fountain Hills adopted Ordinance #93-22, on November 18, 1993, which adopted the Zoning Ordinance for the Town of Fountain Hills; and WHEREAS, Chapter 2, PROCEDURES. Section 2.01, Amendments or Zone Changes. establishes the authority and procedures for amending the zoning district boundaries; and WHEREAS, Chapter 3 ESTABLISHMENT OF ZONING DISTRICTS AND BOUNDARIES THEREOF, Section 3.02 Boundaries Lines on the Zoning Districts Maps.establishes the "Official Zoning Districts Map"; and WHEREAS, Public hearings were advertised in the September 29, October 6, 13, and 20, 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 October 14, 1999 and the Mayor and Common Council on October 21, 1999; and WHEREAS, The Future Land Use Plan Map in the Town of Fountain Hills General Plan has been amended by Resolution 1999-51 to designate the area as described in Exhibits "A&B", for General/Retail Commercial land uses, Ordinance 99-29 Page 1 of 5 'ASS/ AIL 10 —al - I e .N 410.5 SECONDvJc'r COUNT CO -0 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 Map" shall be amended to change the Zoning District designation of 2.023 acres of land, as legally described in Exhibit "A" and graphically depicted in Exhibit "B", from the "R-3, Multi-Family Residential Zoning District to the "C-2 P.U.D.", Intermediate Commercial Planned Unit Development Zoning District. Section 2. The Zoning Regulations for this "C-2 Planned Units Development" Zoning District, Case # Z99-15, shall be all of the standards of the "C-2" Intermediate Commercial Zoning District, as amended, except where specifically modified in Sections 3 through 9 of this Ordinance. Section 3. The minimum "Density, Area, Building and Yard Regulations" for this "C-2 Planned Unit Development" Zoning District shall be all of the standards of the "C-2" Intermediate Commercial Zoning District of The Zoning Ordinance for the Town Of Fountain Hills, except for building height and setbacks as stated below. 1. Building Height shall not exceed 25 feet. 2. The minimum yard setbacks shall be as follows: a. The setback from the Palisades Blvd. and LaMontana Dr. property lines shall be 10 feet. b. The setback from the Almont Dr. property line shall be 25 feet. c. The setback from the common property line with Lot 10, Block 3, Final Plat 102, Lot 2, Block 3, Final Plat 102 and San Loraine Condominiums shall be 25 feet to the required 8' high screen wall to provide for minimum 25' landscape area. Section 4. One project identification monument sign shall be permitted for the entire site, with individual letters/symbols attached to the face of the monument. No other monument or any freestanding signs are permitted on the site. The monument sign shall utilize similar materials as used in the construction of the building complex. Internal illumination is prohibited. Signs may be illuminated by a focused, hooded light source or through reverse pan channel letters with a hidden light source. In no case shall such a sign be taller than five (5) feet or taller than forty-two (42) inches if the sign is located within a building setback. Such signs shall not exceed twenty-four(24) square feet in area. The project identification monument sign may not contain sign area for the individual business located within the project. Section 5. Sign area is based on a one-to-one ratio. The total aggregate area of one (1) face of all signs pertaining to any one business shall not exceed the square footage (1141.0 Ordinance 99-29 Page 2 of 5 equal to the linear building frontage for that business. The sign area for cre businesses occupying space on the corner of a building shall be calculated from the linear frontage of the building. The frontage shall be the side of the building that is either on the same frontage as the other businesses in the same building or the side of a freestanding single business building having the main entrance. Window signs shall be limited to two (2) square feet maximum. Prior to he issuance of any sign permit for this project a Comprehensive Sign Package, per Chapter 6, Section 6.06 of The Zoning Ordinance of the Town of Fountain Hills, shall be submitted to and approved by the Community Development Department. Banners, pennants and other displays are allowed only as stated in Chapter 6, Section 6.08.0 of the Zoning Ordinance of the Town of Fountain Hills. Section 6. The following uses are specifically prohibited within this "C-2 P.U.D." Zoning District: 1. Amusement arcades 2. Automobile laundries, provided steam cleaning is confined to an enclosed building. 3. Automobile repair shops and garages, including an outside vehicle storage area to be used only for vehicles under repair which shall be completely screened from any street or surrounding property, and further provided all repair operations are conducted within a building. 4. Automotive fuel dispensing stations. 5. Bars, including retail sales of package goods for off-site consumptions, provided that there is no entertainment or music audible off-site. No adult entertainment. 6. Hotels and Motels Drive-in windows may be permitted by Special Use Permit only. Section 7. Businesses having required parking rates greater than 1 space per 250 s.f gross leasable floor area are permitted only if adequate on-site parking is provided Section 8. Landscaping shall comply with the standards set forth in the Master Landscape and Lighting Plan of the Town Center Commercial Zoning District. Section 9. Building elevations shall comply with the standards set forth in the Master Architectural Design Guidelines of the Town Center Commercial Zoning District. Section 10. The property owner or its successors/assigns do not have the ability to develop the property using the underlying "C-2" base zoning district. In the event the property owner desires to develop the property in a manner that is in substantial non- compliance with this ordinance, the Panned Unit Development shall first be Ordinance 99-29 Page 3 of 5 amended, pursuant to Section 2.01 of The Zoning Ordinance for the Town of Fountain Hills. Section 11. The effective date of this ordinance shall be ten (10) days after the effective date of Resolution !999-51. PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona,this 21st day of October 1999. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Cd-44-4-(L- --46 1 LA./4-J Sharon Morgan,Ma or Cassie B.Hansen,Town Clerk IE D BY• APPROVED AS TO FORM: Paul L. N rdin,Town Manager William E. Farrell,Town Attorney L Ordinance 99-29 Page 4 of 5 EXHIBIT"A" "C-2 P.U.D."Legal Description P Fountain Hills Final Plat 102,Block 3,Lots 1, 11 & 12 EXHIBIT`B" y U la'V Rezone Map R hh D 0° z • hop. I ,i I °° -- o Pi 'io N ' I 00 0 v . • . i h g RI' D,11 o o A. 1�0 ° —� ¢ `.h ,, 413,11 0 ,')' oo I°p �( 6 Y • \'\, , kl) i 0/ ,et,'1 ,IV. 15.o6 • .3 •*-5- i •\1:.' ,9970. fie 3 Z '.:3- Nii °n 9,1 _ - ' d ,-- 'IC; - r, , :t ,,, , e . , o, -l'6,9„ 0 ,2 - L -rJ to o1 - .,`-„,y:'‘.1„1/4.-Z1.-Fs/zil-D,It1./,-.i P•,i.r),-0,10.4- 41 t r ` / i = 3,L-7-ov1,-,2z,1A, /_,8-,-0 QtIA ti; p Q /tip<2 -‘ ^o re, - - 4 . , \.,,‘I'v,r1.,• ''o- _ ,ti �h Q" 00. j. ,, o , . ,, 11 fie. 0. O 1/4 ,,� -� /p o \ -.�,, % ; - C) Loy Ordinance 99-29 �� �' Page 5 of 5 0 TOWN OF FOUNTAIN HILLS ORDINANCE 99-29 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TEXT OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, ARIZONA PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, AND BY AMENDING THE OFFICIAL ZONING DISTRICTS MAP OF THE TOWN OF FOUNTAIN HILLS BY DESIGNATING 2.023 ACRES OF LAND, AS LEGALLY DESCRIBED IN EXHIBIT "A" AND GRAPHICALLY DEPICTED IN EXHIBIT "B" FROM "R-3" MULTI-FAMILY RESIDENTIAL ZONING DISTRICT TO "C-2 P.U.D." INTERMEDIATE COMMERCIAL ZONING DISTRICT. WHEREAS, The Town of Fountain Hills adopted Ordinance #93-22, on November 18, 1993, which adopted the Zoning Ordinance for the Town of Fountain Hills; and 441119 WHEREAS, Chapter 2, PROCEDURES. Section 2.01, Amendments or Zone Changes. establishes the authority and procedures for amending the zoning district boundaries; and WHEREAS, Chapter 3 ESTABLISHMENT OF ZONING DISTRICTS AND BOUNDARIES THEREOF, Section 3.02 Boundaries Lines on the Zoning Districts Maps.establishes the "Official Zoning Districts Map"; and WHEREAS, Public hearings were advertised in the September 29, October 6, 13, and 20, 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 October 14, 1999 and the Mayor and Common Council on October 21, 1999; and WHEREAS, The Future Land Use Plan Map in the Town of Fountain Hills General Plan has been amended by Resolution 1999-51 to designate the area as described in Exhibits "A&B", for General/Retail Commercial land uses, Ordinance 99-29 age 1 of 5 'ASS/ AIL 10 —, L — l Cr� .. ON �S SECOND MtvJ r COUNT (O--C� 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 Map" shall be amended to change the Zoning District designation of 2.023 acres of land, as legally described in Exhibit "A" and graphically depicted in Exhibit "B", from the "R-3, Multi-Family Residential Zoning District to the "C-2 P.U.D.", Intermediate Commercial Planned Unit Development Zoning District. Section 2. The Zoning Regulations for this "C-2 Planned Units Development" Zoning District, Case # Z99-15, shall be all of the standards of the "C-2" Intermediate Commercial Zoning District, as amended, except where specifically modified in Sections 3 through 9 of this Ordinance. Section 3. The minimum "Density, Area, Building and Yard Regulations" for this "C-2 Planned Unit Development" Zoning District shall be all of the standards of the "C-2" Intermediate Commercial Zoning District of The Zoning Ordinance for the Town Of Fountain Hills, except for building height and setbacks as stated below. 1. Building Height shall not exceed 25 feet. 2. The minimum yard setbacks shall be as follows: a. The setback from the Palisades Blvd. and LaMontana Dr. property lines shall be 10 feet. b. The setback from the Almont Dr. property line shall be 25 feet. c. The setback from the common property line with Lot 10, Block 3, Final Plat 102, Lot 2, Block 3, Final Plat 102 and San Loraine Condominiums shall be 25 feet to the required 8' high screen wall to provide for minimum 25' landscape area. Section 4. One project identification monument sign shall be permitted for the entire site, with individual letters/symbols attached to the face of the monument. No other monument or any freestanding signs are permitted on the site. The monument sign shall utilize similar materials as used in the construction of the building complex. Internal illumination is prohibited. Signs may be illuminated by a focused, hooded light source or through reverse pan channel letters with a hidden light source. In no case shall such a sign be taller than five (5)feet or taller than forty-two (42) inches if the sign is located within a building setback. Such signs shall not exceed twenty-four(24) square feet in area. The project identification monument sign may not contain sign area for the individual business located within the project. Section 5. Sign area is based on a one-to-one ratio. The total aggregate area of one (1) face of all signs pertaining to any one business shall not exceed the square footage Ordinance 99-29 �r Page 2 of 5 equal to the linear building frontage for that business. The sign area for businesses occupying space on the corner of a building shall be calculated from the linear frontage of the building. The frontage shall be the side of the building that is either on the same frontage as the other businesses in the same building or the side of a freestanding single business building having the main entrance. Window signs shall be limited to two (2) square feet maximum. Prior to he issuance of any sign permit for this project a Comprehensive Sign Package, per Chapter 6, Section 6.06 of The Zoning Ordinance of the Town of Fountain Hills, shall be submitted to and approved by the Community Development Department. Banners,pennants and other displays are allowed only as stated in Chapter 6, Section 6.08.0 of the Zoning Ordinance of the Town of Fountain Hills. Section 6. The following uses are specifically prohibited within this "C-2 P.U.D." Zoning — District: 1. Amusement arcades 2. Automobile laundries, provided steam cleaning is confined to an enclosed building. 3. Automobile repair shops and garages, including an outside vehicle storage area to be used only for vehicles under repair which shall be completely screened from any street or surrounding property, and further provided all repair operations are conducted within a building. 4. Automotive fuel dispensing stations. 5. Bars, including retail sales of package goods for off-site consumptions, provided that there is no entertainment or music audible off-site. No adult entertainment. 6. Hotels and Motels Drive-in windows may be permitted by Special Use Permit only. Section 7. Businesses having required parking rates greater than 1 space per 250 s.f gross leasable floor area are permitted only if adequate on-site parking is provided Section 8. Landscaping shall comply with the standards set forth in the Master Landscape and Lighting Plan of the Town Center Commercial Zoning District. Section 9. Building elevations shall comply with the standards set forth in the Master Architectural Design Guidelines of the Town Center Commercial Zoning District. Section 10. The property owner or its successors/assigns do not have the ability to develop the property using the underlying "C-2" base zoning district. In the event the property owner desires to develop the property in a manner that is in substantial non- compliance with this ordinance, the Panned Unit Development shall first be Ordinance 99-29 Page 3 of 5 amended, pursuant to Section 2.01 of The Zoning Ordinance for the Town of Lie Fountain Hills. Section 11. The effective date of this ordinance shall be ten (10) days after the effective date of Resolution !999-51. PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona,this 21st day of October 1999. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: j, 6 Sharon Morgan,Mayor Cassie B.Hansen,Town Clerk D BY. APPROVED AS TO FORM: ILiV Paul L. N rdin,Town Manager William E. Farrell,Town Attorney Ordinance 99-29 Page 4 of 5 EXHIBIT"A" "C-2 P.U.D."Legal Description Fountain Hills Final Plat 102,Block 3,Lots 1, 11 & 12 EXHIBIT"B" G 14•J Rezone Map R h 5 0 °o - E- of. i o° elf, f bZ0 I°° ° " 1 ' - S ;- , jh� - RI. u"��e ,-" � A. too °° f ` 4 ) ' • ti�h n �hR 'l 1%�o`�6 p _ 3 �` 1 D' \r?i,_,I,.‘ „, h °tia°�` Z Nfc1elh 01P. ...-,f0 I, l;c .,.'L4i n' -c?>c,1 f,'"7 ,o (kw /,, \,;.-'').,).--'—. .3/ '1---9-,.10..'• ,.i ti • ,o / v z 1 1 u ; k _- /0 v D - v .,% , . .,,j„, it ��h• c,, O �" O: ��DOB� n .off, ` � ,� �` � &, p,\ n ,-1 v 1Oi3.4 �� - it ' . • ,(9\'9C'.i95" ''.5?. ,%. ' . - 20 y/ �' • h o o / ° 11, f7, 0 � '' s, ''' • h bo toi v h V® �' �� moo' I) Ordinance 99-29 'to '' Page 5 of 5 ...,,,,,0/ TOWN OF FOUNTAIN HILLS ORDINANCE 99-29 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TEXT OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, ARIZONA PURSUANT TO CHAPTER 2,SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, AND BY AMENDING THE OFFICIAL ZONING DISTRICTS MAP OF THE TOWN OF FOUNTAIN HILLS BY DESIGNATING 2.023 ACRES OF LAND, AS LEGALLY DESCRIBED IN EXHIBIT "A" AND GRAPHICALLY DEPICTED IN EXHIBIT "B" FROM "R-3" MULTI-FAMILY RESIDENTIAL ZONING DISTRICT TO "C-2 P.U.D." INTERMEDIATE COMMERCIAL ZONING DISTRICT. WHEREAS, The Town of Fountain Hills adopted Ordinance #93-22, on November 18, 1993, which adopted the Zoning Ordinance for the Town of Fountain Hills; and WHEREAS, Chapter 2, PROCEDURES. Section 2.01, Amendments or Zone Changes. establishes the authority and procedures for amending the zoning district boundaries; and WHEREAS, Chapter 3 ESTABLISHMENT OF ZONING DISTRICTS AND BOUNDARIES THEREOF, Section 3.02 Boundaries Lines on the Zoning Districts Maps.establishes the "Official Zoning Districts Map"; and WHEREAS, Public hearings were advertised in the September 29, October 6, 13, and 20, 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 October 14, 1999 and the Mayor and Common Council on October 21, 1999; and WHEREAS, The Future Land Use Plan Map in the Town of Fountain Hills General Plan has been amended by Resolution 1999-51 to designate the area as described in Exhibits "A &B", for General/Retail Commercial land uses, Ordinance 99-29 Page 1 of 5 'ASS/ AIL I0-al - c e ON �S SECOND CY\.tv13C. - COUNT (.1)"'U 14\/ 0 w Ai AO dit. 1 4 ti ',, .. 9 S? YC I. e' .1 ..• W44' - "*SAO V,1,1>P_ ialli „prie io Wu 32 64111‘ 4), ‘111470 V Wel 111111t*IiiiMi V . litil'.. . Ntir 104,4. iilb .ILS' la 11V4 ,:.$0k 010 Iliti ,OO"©O© �O ©0,� FNRF �, �� - , � ' ©o ©o�� o© as -�, ���ov'� o�: � �. �p OQ © ©,,dQ�,© ,�r,A .gym to�,� M U' 0 ©00 4 ©om , era©**1414 © �� la VIM ir*ti # '4© 41*wk v4vpo em VI418 10 , . 00© ,. .41 is / #4 Illt 0 lottoY.P.4&"1"541,,,A° w•A'ailliwr;‘4:: 4ftg% - 43 4 4X 4t04 V 4 100Vitat OCIOSP 4S . •:'' A ift Voi. - oil vi4 ' RANCH 4V # #4 Illa pm, GO „lit' tra41401 * Silt C.•; -ocr"' ., is r ® , -402 � 4 „ �seb � �j ; mo o � 1 10 WI $3 ®i PEAI6 411 FIESTA 1 11 ®© "Vva 1�1... N. rr _ �St+BRoo1c wASM _ wA� .,.© _.,; r . �D in ii PART( pp,0 � o� ��•1��� !a�iy • PALISADES '� „ oN• vuAsWT." i .: • 'mik�' "''' , t)tt A ly. , a BRib mug! AI klig oos��17 ... 14 SAFEwAY 4„. 1S rZ —'a� ity SONORA4:‘As .�Z� � a�Yii gum 1E `� 3r �D Ht1A5 � � ���i,��/V A' i~�� `1 , ,,. ,. 1WNfANA OIL rl'• •C ��jJ 1 �;' ��' TOWN Si VIS'is 1 : � ���e� � FHMD/M D•. to 1 , tif et - • ' I �p"� gO400 *' �•v �4iit v ACILI i44 iir �` p 44 4474 'W 4i r ''rims 74 OFFK� 7 ' ' 4 4 , '1 )j,t���;�� �� , a A4+. rv/�'{ ire !b .ir. iff /4 6ZieJE61 PKC:415r:rr. di FA 71 "OZ �g.m►s o F or�crt-rioa 4. 1,1 k1 .6., ,5 of ciTR-r Oct-14-99 01 : BOP P.01 L Jack J. Kelly 8606 Wheeler Drive Orland Park, Illinois 60462-4704 October 14, 1999 Fountain Hills Zoning Board Por roquust from Mr. Curry Cain, I would bo in ouppant e4k;i,.a cl6attde10 commercial Ivi Plat lb! Block 3 Lot 1, 11 and 12. Should you have any questions,please call me et 773-869-3391 or 708-349.9039. Sincerely, c. Jack J. Kelly L 10-08-1999 13:07 480 827 5905 WFG DESERT PROVING GROUND P.02/02 Morley and Linda Meredith 12007 E.Mountain View Road Scottsdale,AZ 86259 480.314.5365 October 7, 1999 Town of Fountain Hills Planning Commission Mayor and City Council 16838 E. Palisades Blvd. Fountain Hills, AZ 85269 Re: Re-zoning of the Northwest corner of Palisades and LaMontana Drive We own a four-piex located at 18829 E.Aimont Drive. This property abuts the proposed development on two sides and we would be the most impacted by this zoning change. In June of this year we were contacted by John Gilligan of Gilligan Realty Investments, Inc., informing us that he would like to re-zone this piece of property. He met with us and went over his intentions for this land. Expressing our concerns about certain issues such as the height of the building, distance from property line, uses, etc. Ley Mr. Gilligan worked with us until we felt comfortable with his proposal. This property is located on a main street within the town of Fountain Hills where one would expect to see commercial not residential uses. Fountain Hllis hue basal expanding rapidly especially in the multi-family area. Excessive apartments could diminish the small town appeal that draws people to Fountain Hills. We want you to know that we support the re-zoning of this land from Multi-Family Medium to General Commercial Retail. Morley Meredith Linda Meredith L L., '''' olS( li, • -2., 7; 4. - 7/f &2,s,e€Ow_izt;e474) 44Z , o 20 iz-/- . )e) - .‘f-/',w &elizz--.7 • - 4/z,_,4j'//7 Yr/--4)2 -4; il ,..l.' -4 2 , (.....v , 472/, 4x/9_, ?_,_7_,-? i , 1/4.....„ • , — f C Z`-4-1L-L ' l Az4 : P_ 7_ a nr t n_ c-K -CI-4614. --44 Ljz-1 Lo � a- )2L,c2___&v ;62.71... 41-tie- 11,-)1.4..-7/A r Zrrj, . _ _ , .. 7r)1,-4:1 (Lee ". A-' c �- ' tA)--K_L__.p..n.) ) Zht, ,411._,ti.c.__Zi 07) ---C--d-.2.1 jti-,, -621->l,(--.7,7".--C..-4-4L-4- ' -4) Ler -ci_c_, 2rt4-'-‘ 6--I t----- L t, . U,e,L► ,-1..t C t'lLe-t/ CL-1,... u 0--Aw' -1,c,,..--) ‘‘•4 bi-a--- .kr-,---ltez----et-,„ %-z, (1-i-uu.e- 6,..„,,..r...,_cr _ ez_ - la,,‘_g-tL__ _ I ? - - -- 6_ ;U__j.,i 4-4.___C,4 , r `4 t &,-)."``._ —74— rn- c-2-&-. - 7 11-7Y/----Lt 14 e--- --',\-'1-kk--e-'1-e -• e., , \1--e-t-E- -k-1-t-,,,....) .c."2-14- 7,4,,, , ,,,_Lc, _ '„,) _,_,, i,,, -t---L) • U' ^ � 'J v,., (..„.? LA_,--k•- ,— (3,--- / itt-i-z- 4-cZ- ?n--(1-n-YL,41-*-6.._ C.,C.,'•-a C.c., 1 ' %-4a-tt..72..% /;-7r-re_ '27t_ft-t-4- 1,0---Z-41 Z( ft-u--- ?c,tt..t.4._ 6,--ec 4-- /1-c2ir-L-e-L) r-e5-c_4_72 el -1-`4-7'vt-.2- ; 1 7 mod. -4 (LI o-z, d_it i<R C c r ei- in is R- K L. , .c ti Cite 4t s_,..) �e.: 4 �� `-2-7_ --� ._ f, V . A-&-ti, t Cott /r-r..' — �`'-' .] - _ C T Q-11 _ ex ot. -/-6; , �t _ �`-- ,s�-cam'"`-�c,� �.�, �—, -�.c—� 4'.LL v L' f 42-C_t-k_e_Ly L �37- 7 � �7� Ronald a Carol ALBERS 38634 Levisham Clinton Twp.,Michigan 48038 Fax 1-810-286.4824 L October 04, 1999 Town of Fountain Hills Community Development Dept. To Town Council; Being a homeowner in Cambria Court, on Cambria Dr.,we are concerned about the planned re-zoning of the property at the corner of LaMontana&Palisades , from R-3 to C-2. We feel that if this property is commercialized the Quality of living in this area would be reduced considerably, as well as the value of our home. We also feel that sufficient commercially zoned property already exists in the Down Town area. Thank you for taking the time to read of our concerns. Respectfully, L Ron& Carol Albers Ronald D.Albeis 38634 Levisham Dr Clinton Twp,MI 48038-3229 • o` Y_ 13606 Cambria Drive#205 Fountain Hills, AZ 85268 October 3, 1999 Town of Fountain Hills Planning&Zoning Commission a..-r Co, PO Box 17958 Fountain Hills, AZ 85269 RE: Proposed rezoning of property at corner of La Montana and Palisades To Whom It May Concern: We are opposed to the Town of Fountain Hills rezoning the property at the corner of La Montana and Palisades Boulevard from multi-family residential to any commercial classification. In addition to the many objections we have heard from other neighbors,we are particularly concerned about two issues: (1)noise pollution and(2) night-time light pollution. 1. Noise Pollution: any commercial property that would occupy the proposed site would not only increase the traffic in the surrounding streets, but on the property itself there would be more traffic. Depending on the type(s) of businesses occupying the property, there could be significant truck traffic including garbage trucks and delivery trucks. Since our property backs up to the property in question we would not only hear this type of traffic but would have to experience all the fumes emitted as these vehicles picked up and/or delivered merchandise. Again, depending on the type of business there could be large air conditioning units and/or exhaust fans increasing the noise and olfactory pollution. 2. Light Pollution: one of the greatest charms of Fountain Hills is that there are few street lights to wash out the night-time sky views. With a commercial establishment on the proposed property, there would be lighting around the building at night. We would experience all the rear lighting in our property. If it is not lit then we would experience the problems of illicit activities occurring in the unlit back alley of the establishment. Please take these issues into consideration as you decide whether to rezone the property at La Montana and Palisades Boulevard. Christine &Gary Dishman Sinc rely, 13606 Cambria Dr#205 Utitti ,C. c.(A Fountain Hills,AZ 85268 - istin�ary Dishman l } 4 George H. Brumley 13606 N.Cambria Dr. Unit103 Fountain Hills, Az.85268 Town of Fountain Hills C v5rue- Ce) RT Cy.-)oU Planning&Zoning Commission PO Box 17058 Fountain Hills, AZ 85269 Re: Rezoning NW Corner of Palisades& LaMontana Dr. from"R-3 to C-2" Dear Sirs: We are winter residences and purchased our condo because of the quiet and peacefulness of the area. We looked into the zoning of this property and surrounding properties before our purchase. We purchased because of the"R-3"Multi-Family zoning. We would not have purchased our property if the surrounding property was zoned anything different. I don't know how you can change the zoning now after residents have specifically purchased property because of the zoning of"R-3." The changing of the zoning would not only lower our property value,but the noise from increase of traffic, delivery trucks, and customers would be unbearable. Not to mention food smells from any restaurant. The nighttime parking and lights would be in our home. When the town was established and the zoning was put in, they had a reason for"R-3"and to change at this point would not be fair to the residents already here. The town has property that is zoned"C-2"and should be used as such. Changing now would be a great injustice to the already property owners. Sincerely, George H. Brumley Suzanne B. Brumley GEQRGE H. BRUMLEY SUZANNE B. BRUMLEY 43831 Algonquin Dr Novi, MI48375 • :L "r1 • oI 0:T i USA • • September 29, 1999 Town of Fountain Hills Community Development Dept. P.O.Box 17958 Fountain Hills,Az 85269 Dear Community Development Department: I am writing you in response to the rezoning of the property on the Northwest corner of Palisades and La Montana from an R3 to a C2. I would like you to know that I am very opposed to this rezoning and believe that this property should remain as residential property. Sincerely 1.d/tAJ ZeQ /.104) John Teschner September 29, 1999 Town of Fountain Hills Community Development Dept. P.O.Box 17958 Fountain Hills,Az 85269 Dear Community Development Department: I am writing you in response to the rezoning of the property on the Northwest corner of Palisades and La Montana from an R3 to a C2. I would like you to know that I am very opposed to this rezoning and believe that this property should remain as residential property. Niiro Sincerely, Bob and Jean Putnam L • September 29, 1999 Town of Fountain Hills Community Development Dept. P.O.Box 17958 Fountain Hills,Az 85269 Dear Community Development Department: I am writing you in response to the rezoning of the property on the Northwest corner of Palisades and La Montana from an R3 to a C2. I would like you to know that I am very opposed to this rezoning and believe that this property should remain as residential property. Sincerely, Renee'Putnam L - 4 Mrs.Paul J.Malzone • 13606 N.Cambria Dr.Apt. 107 G �g R I 0 6.0v C.Cr-)00 Fountain Hills,AZ 85268 .Z wm vz.o 1 JK&'_To_ ;m-A 77(s o_PPo4'T-v4v/.r y 7'0 V'14 dry 09 Ec 70. Ai ' T' T v, �,c4.% To /piZo,vE 7W€ 1I/oI;TtiwirsT ( p,vit OF ` i/S4 of 4/vV4_/%4,779ti1 PR tv&. Fka'M if)-3 NI,Lrt - frni4/i y 70 -a 6.: rEeci94 frY FC _L TR, ' L /Boo /1/.4 f f' FRo.0 C.I4cdo /L.L, To oP4 C,irieh'/,4 CT -.04/Do to 6F-r J91-v.97 Fieon4 T//C Ya./S S/14 E'.1-.1' /M't) 4s T 7774 "m„, 4 i f/iTiJ� C'ommi RC/ 4 6- f Ro Atir87, r/r 02;c6 /5 CO /f'i v u'ifVfet- cfir/( /9/0 4 4{i4/vd I MI Zo. ',' Pi: 0 p i?q 5 T ,c_4 //'G4'Mr6 l a- 77pliFFi ._ MI T#&sf• ,mg/9 Ta /# /a/, < o F , 9ei v • . // VA/S/91E TO 60 our IA./ Og lygc'Lr„/if/k . g.g4.(E /USX /k/o vR S e / o rl /o vL 0 D ?XII- a KOc' 4 'D/ct/' �ov� pr/ ?? 7M51 v/ /> Poi v /Yo /42 e 13�06 /N c'.47,-1Q,Iid /)ie U T7c'1 -4.rq(' fl(Lu 4 Z, es; ' L - 1g4 ffilltek-&u2.• . .:'t-ga-le,4464,..14z,Liz Me/y 40tvca-,1-44--4- ,_ Henry: Broge Jr.LBrog; 42A7816 Woodstone Dr - /e Cincinnati,OH 45244 -- gg/A.1, ''', '; - ew,& i:eezi-i-ta_e," --- , Xge-e---i---t;, . e, .,\.,..-‘, „ . , . , , cs,.. _,:....„..,.... (1..)-T F:•1 .), I 7; ' ' ..- Ai; .//,,f--,-,e-A9-4 . ..Ao' v / • t : t t 7 :.:P 1 . >. -7. ' ., i.w .. ...... .- WW....... . .•.. --- ;•,gi ‘; t e A. L4,V4 2"a , A' 74 14ef'ft,(11.Z7 ja,. .1 .e112 .2t . /, )1 ,46/0„3374;" 74C--dial " Zetct l-e 4-4J-Je--/ 77 -774 - , L /. „. .2.4,4zie.c._ / ,/..id: 4e,e-//iee-,d a_ "Yel- aa& , / ..9 e, ,,A4eZec,,Ail „41.-e 1,er_647-.1z-Zie. •/1 td .z..e-e, / z-e art fal-LZ ) der-) ‘kiii,. Trevor and Jan Singh •aT` �e .-u `b..sur .t. :.:G�.'". ....._.?,t.. •• i`,�z _.. ..4 w ....a: t.x�a �i,.vc, 9220 Creekwood Lake Trail GAimg 21(a.- Ce u lZT Cow OU Grand Blanc,MI 48439 Fax 810-655-6910 Home Phone 810-655-4980 Email jansingh©aol.com September 14, 1999 Town of Fountain Hills Community Development Dept. P.O. Box 17958 Fountain Hills, AZ 85268 Dear Sir/Madam: As property owners of 13606 N. Cambria Ct., #208, Fountain Hills, AZ 85268 we are writing this letter to strongly express our opposition to the rezoning of the northwest corner of Palisades Boulevard and LaMontana Drive from "R-3" Multi-Family to "C-2" Intermediate Commercial Zoning District. We feel that this possible rezoning would greatly reduce our quality of life because of increased traffic, noise and air pollution from customers and delivery trucks, night time lights and noise, and reduced property value. We purchased this property because of the quiet, peaceful residential area and feel that rezoning this area would be completely unfair to us and the other residents of the neighborhood. This property is already zoned "R-3" and should remain as is. Plenty of commercial property already exists in the downtown area for businesses, and this location should not be rezoned. Please take into consideration our views as well as those of the neighborhood when you are making your decision. Sincerely, T. Trevor Singh, M.D. Janice S. Singh L 09/13/99 Town of Fountain Hills Community Development Dept. P.O. Box 17958 - Fountain Hills, AZ 85269 G �3rua.- R-7r CC"(7c- Re-zoning Application NW Corner-Palisades & La Montana Sirs; We are year around owner/residents in Cambria Court Condominiums at 13606 N Cambria Dr.We strongly object to the pending change on the above property to Commercial;, For years we have heard and read of the need to fill up the "Downtown" acreage that has been set aside for Commercial use. Please don't ignore that primary goal. Exceptions beget more exceptions. It is regrettable that Developers attempt to buy property at a lesser value than Commercial would command. We implore you to stand firm and deny the Request to Re-zone. Thank you for giving this matter your diligent consideration. Sincerely, Ery Trisko • Mae Trisko 13606 N Cambria Dr. #104 Fountain Hills, AZ 85268 837-9046 cc: Cambria Court H.O.A. • Mr. Ery Trisko , q� 13GOG N Cambria Dr Apt 104 Fountain Hills,AZ 85268-8718 ® 4 sj4 FILE No. 297 09/09 '99 11:55 iD:ULbA ,n ur ALL o(i itwc rmuz L September 9, 1999 Fountain Hills Town Council Chambers 16934 East Palisades Blvd. Fountain Hills, Arizona 85269 Attn: Zoning Board G'4v-4.8 216. C.Ourzt eo'`'°o Subject: Request to review the rezoning of the Northwest corner of Palisades and LaMontana Ladies and Gentlemen, As a resident of unit 201 in Cambria Court, I wish to present my concern regarding the potential of this zoning change. The location in question is in a residential area, and as such, has been zoned properly with intelligence by the Town's Master Plan. Buy plan the town has vast parcels of land allocated for commercial usage. The permanent residents living in this area, would be subjected to a variety of elements, such as traffic, noise, excess lighting, odors, and overall disturbance of a tranquil community. It is my request that any consideration of rezoning for this property be denied. Thank you for your attention, and assistance. Dale A. Blouin Unit 201 Cambria Court cc: Chris Dishman Cambria Court HOS L . . L . . . %.. . e44.1113g-tiN Ge.,00_T &9i..)0,7 Mrs.Robert G.Walker 13606 E.Cambria Court,#10 Fountain Hills,AZ 85268 el(A1' n34"1"j12•-ev a,--el•-. 1.4.7,-•:;----6 e•-zt-13.4--'-'14';') -::?6 /48-'°-7L- Q r 7.5- FF/ • bi-eae4/ fr2-- 6-2.,67 - • idzia. -nA-c•-t-- ; 77-4...,, 0-6,2-1,- . , ,r_e...3r,..„.,_ -- .14.4..., .-77 id e. ...A--- ise-4-01- 5`/- a--1;4-0,-- -P-_ - •c9.- a.--,0-e4,..-. -4-e-•%,--. e.., Le- (lime' frZ 0-41..., eL11z&-e_--. cy•-•- •.LV-6.4 .-- , 19 yae-14-‘•&-egi-6-,41 k)---iae (t_t_.-a_ ,A---,..L.e_; /2-e-e-•.-.--4-^4 P- et_ --71 .7-4-t; J-4.- -,-• i 74- 12- ,f)Le1.2__ I t) ul "°• ii-r-i- --;-- • el-L' --(-Z4-4--:--f--t-Th -'i- --- c.. ,!ed.,/4-°-,‘1-4-e- -42-L'-. ta--"-tedr (j-'.6a • , :w - A.Z..-../..--#_- tea. -per``-0. 77� 1'1, a------e-dr.`".--eit , - .?..01.7, -n"-- 7-1" --- _, Qf 01.s- (te -l=r-. i , re--Artt- /0--e'T 4i-`'`"-- j41-7 do . . ) (-4-4-e-t-7 ' • PATRICIA S. TAYLOR ikiry 13606 N. CAMBRIA DRIVE, #202, FOUNTAIN HILLS, AZ 85268 CurLT you September 6, 1999 Zoning Board Town of Fountain Hills 16834 East Palisades Boulevard Fountain Hills, AZ 85268 Board Members: I am writing to voice my opposition to the proposed rezoning of the northwest corner of Palisades Boulevard and LaMontana Drive. The flyer that was sent indicated that the parcel of land may be changed from R-3 (Multi-family) to C-2 (Intermediate Commercial). When I purchased my condo, I was assured that the land in question was zoned for multi-family. If this parcel of land had been zoned commercial, I would not have purchased the property. The Town of Fountain Hills seems to have a history of changing zoning with little consideration for those who have already made investments. The change in this particular instance is difficult to understand since numerous commercial lots are already zoned commercial. I urge the Zoning Board to reject this proposal at the scheduled meetings on September 9 and 16. Sincerely, Patricia S. Taylor Patricia Taylor 13606 N. Cambria Drive, #202 Fountain Hills, AZ 85268' 2139 P_ _.derosa Circle Duluth, Mn. 55811 September 2, 1999 04410g414 (Z CQNpc I Fountain Hills Planning and Zoning Commission 16834 E.. Palisades Boulevard Fountain Hills,- Az. 85268 Re: Proposed General Plan Amendment, corner of Palisades Boulevard and LaMontana Drive Re: General Plan Amendment, Northwest corner of Palisades Boulevard and LaMontana Drive Dear Sir: On 8-31-99, we were notified by letter of a request to amend the General Plan . This would allow for a change in the designation of the northwest corner of Palisades Boulevard and LaMontana Drive from multi-family medium to general commercial retail . This letter will serve to notify the City of our opposition to the change in designation. We purchased Northstar Condominium #202 located at 13600 N. Cambria Drive in 1997 . Prior to the purchase, we contacted the City and ware guaranteed the zoning of the property in the vicinity of the unit was designated residential . It certainly was a consideration cw in our decision to purchase the unit . On 9-2-99, we contacted two real estate agencies in Fountain Hills . Both firms assured us that a change in designation could effect the value and saleability of our property in a negative way. Obviously, that disturbs us . Having served as Chairman of a Planning and Zoning Committee , I feel strongly that specific designations are in place to guide community growth and protect existing property owners . We trust the Commission will review this proposal with a similar consideration for everyone concerns. . Yours truly, ,0",AW% -1-2 Dan Frigon _ . . id-7 i Mary Frigon j __ , - . ., .-'- Daniel Frigon ' - 2139 Ponderosa Cir �� : � Duluth,MN 55811 1 Page 1 of 2 • Re: Request for Rezoning of Property at Palisades Blvd. And La Montana Drive L 13602 N. Cambria Drive, Unit 101b�?`�ri°`� �""� Fountain Hills, AZ 85268 September 1, 1999 Zoning Board Town of Fountain Hills 16834 E. Palisades Blvd. Fountain Hills, AZ 85268 This letter is written in opposition to the proposed rezoning of lots 1, 12, and 11 fronting on Palisades Boulevard and the northwest corner of its intersection with La Montana Drive from "R-3" Multi-family to "C-2" Intermediate Commercial. The bases of this opposition are: 1. There are sufficient "C-2" sites elsewhere in the town Master Plan, especially along Palisades Boulevard for such development. There should be no need to introduce commercial development into a residential area. 2. This area has historically been zoned "R-3"in the town's Master Plan for many years. From La Montana Drive west on Palisades Boulevard, this area has been developed as Multi-family and it makes sense to leave the zoning as is to complete at a future date this area of residential development. 3. The use of these parcels as commercial is inconsistent with current use. The building of a commercial establishment here would produce an undesirable result, producing an obnoxious visual and noise presence to all the nearby homes. The proposed site plan would create a high level of traffic that would not be able to be screened satisfactorily from the neighborhood. The increased traffic would add to the high traffic already using La Montana Drive, and probably result in an additional traffic light at the Palisades/La Montana intersection. The additional traffic would possibly bleed over into the adjoining streets, Cambria Drive and Almont Drive creating an unsafe condition for the residents. . Page 2 of 2 Re: Request for Rezoning of Property at Palisades Blvd. And La Montana Drive 4. In the past, a previous request for rezoning in this area was rejected for a less intrusive plan. The Mayo Clinic building that was eventually placed further down Palisades Boulevard. The proposed use of the parcels, if rezoned would result in a level of traffic significantly greater than that which the Mayo Clinic site would have produced. I join my neighbors in opposing this rezoning and request the Board of Zoning to reject this request at the meeting of September 9, 1999. Yours truly, reg ry J£ Amrhein / / L L 5013 N. Michigan Avenue Schiller Park, IL 60176 `ZIT 102— 2.- August 31, 1999 Town of Fountain Hills Community Development Dept. P. O. Box 17958 Fountain Hills, AZ 85269 Attn: Fountain Hills Planning and Zoning Commission To Whom It May Concern: This letter is regarding your Public Notices regarding a proposed General Plan Amendment application for the northwest corner of Palisades Blvd. and LaMontana Drive. My husband and I were the original buyers of Unit 201, 16624 Palisades Blvd. The property across Palisades Blvd. from us obviously became the shopping mall, and I certainly would not look forward to having the property at the corner of Palisades and LaMontana be rezoned to C/R(General Commercial Retail). It would obstruct the view, which was one of the primary reasons for purchasing the unit. Depending on the height of the proposed building, I do not want to be looking down on rooftops either. My vote would be not to change the property on this corner from residential to commercial. Cordially, > 2Z r- . Barbara A. Schillinger , _ , � f TiCa• • i L ., `# • Barbara Schillinger Villa Ave. •r`.*;'4 $chiller Park,II 601761043 r �►.jOtZT.a- -rA<z- CoL)nv %`Au, eame•t eeac NANCY BLUMENSTEIN 13602 NO. CAMBRIA DRIVE, #202 FOUNTAIN HILLS, AZ 95268 August 30, 1999 Zoning Board A< Town of Fountain Hills ••`" c�_ 16834 East Palisades Boulevard Fountain Hills,AZ 85268 *a AUG} Dear Members: I am writing in opposition to the proposed rezoning of the northwest corner of Palisades Boulevard and LaMontana Drive which if approved would rezone this site from "R-3" Multi-family to "C-2" Intermediate Commercial Zoning District. I purchased my condo last December based on the fact that the lot immediately to the west of me was zoned for Multi-family use. In fact,while in my presence,my real estate person called the Town of Fountain Hills to substantiate the zoning,and this information played a key role in my decision to purchase the property. It is difficult for me to understand whythe Town would rezone ne this property to commercial use when the entire down-town area is already commercially zoned and waiting to be developed. It is unfortunate that Walgreens (Safeway) lacked foresight initially to purchase the commercial property on the east side of Palisades, currently being developed by Osco. I do not feel that the residents affected by their lack of planning should suffer the consequences of added traffic congestion,night time parking lights,and noise from delivery trucks. I urge the Board of Zoning to reject this request at the meeting of September 9, 1999. Sincerely, Va.-1/4 c..1 Wu.vvvz_vtly Nancy Bluinenstein 13602 NORTH CAMBRIA DRIVE, #202, FOUNTAIN HILLS, AZ 85268 PHONE: 480-836-0499 E-MAIL NBLUM@AOL.COM FAX: 480-836-0499 • 404 • •"' �:..0"• �. $444SI Town o o a►n Hills • 10.. .• Coal,. -:� �h i is .... F0:000' o q ts:e0o i v ,. t b4 t..I UPDATED:8.16-9 s Gil o EB.r00'•r •" —' � 8 .. R. 8 R 8 8 °. M..•mil: ifflMOl�IiAIN• ��. R 8 9-t-- _ ; Z --!— ...oao�[a ; r.. •r�t;-� •eazAEeR i •e,ee..r.. .. .... RS-8' .. 61111414. 1.' •': uv0v I C.4Z2 '�'�. f't'q ....LMAAAWw ''',,' F. 4 � t� WAY: �.. 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Lt-' Y003, ..- . . - • .�:�y ff tY$D yo Igsr' 4,4 C:00 ._ . �'1 : r^`."'7 �`'.. • ., G LACE ' .'- 'A• ,..R(? �NO �1 . •. , TR toa,auT LEDQ O 0.5 (II) Q'R2VP c -r (s) �� SCALE OF MILES I NORTH �/ GJVT L Town of Fountains Community Development Department 16834 East Palisades Fountain Hills, AZ 85268 Attn: Mr. Geir Sverdrup I support changing the zoning on the N.W. corner of Palisades & La Montana from multi-family to commercial zoning. Sincerely, 1 y o a- S uc k a-►� I-4 1 b 7A z 2 5�L0 2 L L Town of Fountains Community Development Department 16834 East Palisades Fountain Hills, AZ 85268 Attn: Mr. Geir Sverdrup I support changing the zoning on the N.W. corner of Palisades & La Montana from multi-family to commercial zoning. Sincerely, /ice /d P- 5 if/- ,Q cm/pa l D`- L L Town of Fountains Community Development Department 16834 East Palisades Fountain Hills, AZ 85268 Attn: Mr. Geir Sverdrup I support changing the zoning on the N.W. corner of Palisades & La Montana from multi-family to commercial zoning. Sincerely, 3 3'3 C, �cos� rq- . -U NT }i HiGLS { L Town of Fountain Hills Community Development Department 16834 East Palisades Fountain Hills, AZ 85268 Mr. Sverdrup I am in favor of changing the zoning on the northwest corner of La Montana and Palisades from multi-family to commercial. L Since ly, a 613,)(c8 14-ItS L Town of Fountain Hills Community Development Dept. 16834 East Palisades Fountain Hills, AZ 85268 Mr. Geir Sverdrup Mr. Sverdrup: I support a zoning change for the corner of Palisades and La Montana from Multi-family to Commercial zoning. With the other three corners used for commercial purposes I think commercial zoning would be the best use for the remaining corner. Sincerely, 09e,,toleu c.De6t,evezd /5 017 &) c ccL ll I of a ja F-00)det. 0, 1(s, Az 05a60 L L Town of Fountain Hills Community Development Dept. 16834 East Palisades Fountain Hills, AZ 85268 Mr. Geir Sverdrup Mr. Sverdrup: I support a zoning change for the corner of Palisades and La Montana from Multi-family to r► Commercial zoning. With the other three corners used for commercial purposes I think commercial zoning would be the best use for the remaining corner. Sincerely, L.--4/'/WA1/7t 15Gk5 t,GEtA'A CJk1 FTti. L Town of Fountain Hills Community Development Dept. 16834 East Palisades Fountain Hills, AZ 85268 Mr. Geir Sverdrup Mr. Sverdrup: I support a zoning change for the corner of Palisades and La Montana from Multi-family to Commercial zoning. With the other three corners used for commercial purposes I think commercial zoning would be the best use for the remaining corner. Sincerely, 16112_ -e efecnat,' Fti A2- 8 ''S7 'NkAP'Q) 171,4-Coaws-16 L Town of Fountain Hills Community Development Department 16834 East Palisades Fountain Hills, AZ 85268 Attn: Mr. Geir Sverdrup I support a commercial building on the corner of Palisades&La Montana. With commercial buildings on the other three corners a change from Multi-family to Commercial zoning would suite the corner better. In addition it would also help bring in more sales tax revenue. Sincerely, /' f 7 4 0, , r'�6'V L Town of Fountain Hills Community Development Department 16834 E. Palisades Fountain Hills, AZ 85268 Attn: Mr. Sverdrup We feel that too much land has been converted to Multi-family use.We support a zoning change for the corner of Palisades and La Montana from Multi-family to Commercial zoning. Sincerely, Om , 'i _. �2 h eJs L 10-13-1999 1 :55PM FROM JOHN GILLIGAN 391 1272 P. 1 FROM : INTEGRITY BUILDERS INC PHONE NO. : 602 816 3913 Oct. 14 1999 12:52PM P1 Town of Fountain Hills 16834 East Palisades Building"A" Coma ity Development Department Fountain Hills,Arizona 85268 RE: Rezoning of the Northwest Corner of Palisades&La Montana October 14, 1999 Dear Mr. Sverdrup, We would like to offer our support of the rr oning of this piece of land from multifamily to connzervial.We have seen the quality of projects Mr.G ligaa has brought to Fountain Dills in the put and we think this project would be a valuable addition to our town.With the Town needing additional sales tax revenues to preserve the mountains,etc. we feel that this would.be a step in the right direction. Sincerely, (tar °'Gregg&Kim 1/4ru cLt Lusr fir... L Gail Sverderup The Community Development Dept. 16834 East Palisades Fountain Hills, Arizona 85268 To Mr. Sverderup, We are in full support of a change in zoning from Multi-family to Commercial on the corner of Palisades and La Montana. Sincerely, tAJAA C�b ((965.2 4.4:mft5 t4 D(c u-� L L Gail Sverderup Community Development Department 16834 E. Palisades Fountain Hills,AZ 85268 Dear Mr. Sverderup, Please be advised that I agree and fully support a zoning change at the corner of Palisades and La Montana from Multi-Family to Commercial. I beleive this change would favor Fountain Hills greatly. Sin rely, n. Lir Gail Sverdernn Community Development Department 16R34 F. Palisades Fountain Hills,AZ 85268 Dear Mr Sverdenip Please he advised that I agree and fully support a zoning chance at th e corner of Palisades and La Montana from Multi-Family to Commercial. I beleive this change would favor Fountain Hills greatly Sincerely,eqj dir // 27 ' /,tlfrioce-- W,' / S , L -- KEVIN & CELESTE KNIEFEL 17305 E. Brantley Dr. Fountain Hills, A Z 85268 (480)837-1221 (480)836-8544 him Community Development Dept. 16834 E. Palisades Fountain Hills,AZ 85268 ATTN: Geir Sverderup Dear Mr. Sverderup, We are in support of the proposed zoning change from multi-family to commercial zoning on the corner of La Montana&Palisades. Sincerely, 71Chri td- Kevin& Celeste Kniefel L Community Development Dept 16834 E. Palisades Fountain Hills A7. R526R ATTN. CTeir Sverdernn Dear Mr Sverdenin T support the Toning change at the corner of T.a Montana and Palisades from Multi-Family to Commercial. I beleive this change would be beneficial for our town. Thank you, L � y'T Yts L Town of Fountain Hills Community Development Department 16834 E. Palisades Fountain Hills, AZ 85268 Attn: Mr. Sverdrup I feel that too much land has been converted to Multi-family use. I support a zoning change for the corner of Palisades and La Montana from Multi-family to Commercial zoning. Sincerely, 416, ' Ag • iri ,31(8- E . al( le_ • rauth,t,- /4t,i6 L L Town of Fountain Hills Community Development Department 16834 E. Palisades Fountain Hills, AZ 85268 Attn: Mr. Sverdrup We feel that too much land has been converted to Multi-family use.We support a zoning change for the corner of Palisades and La Montana from Multi-family to Commercial zoning. Sincerely, 460, 117-Z4 taitA-4k-A--()'--) L FROM : GOODMAN & ASSOCIATES FAX O. : 602 916 9112 Oct. 14 1999 07:22AM P1 FROM : INTEGRITY HU a -DERE INC PHONE ND. : 602 816 3913 0;t, 1.4 1°99 07103AM P2 • Town of Fountains IOU Community Davelopmem Department 16834 East Palisades Fountain Hills,AZ 8,5268 Attn:Mr.Ge r Sverdrup I support a commercial building on the comet of Palisades&La Monona.'With eommareial bindings on the other three corners a change from Multi-miy to Commercial zooid would suite the corner better. in addition it would also help bring in more tales tee revenue. Sir, (111.' ;e,,Z100.66K0-fri-- �L Re d�emt oww&.- advi AEI�� R44rvicry a Fin. dills s2 L L Town of Fountain Hills Community Development Dept. 16834 East Palisades Fountain Hills, AZ 85268 Mr. Geir Sverdrup Mr. Sverdrup: I support a zoning change for the corner of Palisades and La Montana from Multi-family to Commercial zoning. With the other three corners used for commercial purposes I think commercial zoning would be the best use for the remaining corner. Sincerely, ni:leS),Ld / a333 ems. 4_ -z EDuk---(4), s P z g52C3 L Town of Fountain Hills Community Development Dept. 16834 E. Palisades Fountain Hills, AZ 85268 Attn: Mr. Geir Sverdrup44, I would like to see a commercial building on the corner of Palisades 8t La Montana. There are presently commercial buildings on the other corners I think a zoning change from Multi-family to commercial would suite the corner better. Sincerely, ' `•- yr L L Town of Fountain Hills Community Development Department 16834 E. Palisades Fountain Hills, AZ 85268 Attn: Mr. Sverdrup We feel that too much land has been converted to Multi-family use.We support a zoning change for the corner of Palisades and La Montana from Multi-family to Commercial zoning. Sincerely, (iby 41:,i-,NT,-e \-4-0/ . — ,,-.--- 'e--ie r, --- 15 3. LU5 Mochos C�- -o i n th Rs, A 2— Town of Fountain Hills Community Development Dept. 16834 East Palisades Fountain Hills, AZ 85268 Mr. Geir Sverdrup Mr. Sverdrup: I support a zoning change for the corner of Palisades and La Montana from Multi-family to Commercial zoning. With the other three corners used for "' commercial P purposes I think commercial zoning would be the best use for the remaining corner. 2erely, / C9vJ /Loup y Vey A.' ?S a L L Town of Fountain Hills Community Development Department 16834 E. Palisades Fountain Hills, AZ 85268 Attn: Mr. Sverdrup I feel that too much land has been converted to Multi family use. I support a zoning change for the corner of Palisades and La Montana from Multi-family to Commercial zoning. Sincerely, >4g- novle, ? f c77 Ca , S. Pa4eV )75 2 Z E g'irqe E/vc/ Feafi lL i,) far AZ r z r L 10-11-99 ' To; Town of Fountain Hills As residence of the town of Fountain Hills, we are in favor of a zoning change for the corner of Palisades and LaMontana from multi-family to C-2. 44 Ronald Marcotte 1�Eayan Dr. 21 /41 e wait 4-0A/Ow„..‘_ /.tVV N. zA4iw4III Po . vcuJlrAIN, /-/f J. / /4-7 g ?47 ktiaidit ,(4,1 I) ,r11\44(1-447,411, 401 11 J6 aztAct.(7 R ,-diz__ 4,t._ ym,‘,/,/, V f S/l7 F P41 bD2 S 0,2„,?..tiv A. �fR A/MT /3ciy7 E- (—AdcC4 lei f_ , J 'cc /1/4 g �J 40517 ��`ee'c Dk 7; , cc y � 4.fto r is9x7 4, cAd c tq 2k ff79 7 f. ad cc, van — 9; Al-14h C- y h v9 V. ,-;/ L Town of Fountain Hills 16834 Fast Palisades Fountain Hills,AZ 85268 Attn:Mr. Geir Sverdrup Dear Mr. Sverdrup, Please consider rezoning the corner of Palisades and La Montana to commercial. I think that this would be the best use of this corner and I really don't believe that the Town will be short on Multi-family land in the future.Thank you for your consideration. Sincerely, L )(IC O� Cy. 'J L Town of Fountain Hills 16834 East Palisades Fountain Hills, AZ 85268 Dear Sir or Madam: I would like the Town to rezone the piece of land at the corner of Palisades Blvd. 81 La Montana. I believe that this piece of land would be more appropriate as a commercial corner than a residential corner. L Sincerely, L Town of Fountain Hills 16834 East Palisades Fountain Hills,AZ 85268 Atm: Mr. Geir Sverdrup Dear Mr. Sverdrup, Pleas consider rezoning the corner of Palisades and La Montana to commercial. I think that this would be the best use of this corner and I really don't believe that the Town1will be short on Multi-family land in the future.Thank you for your consideration. Sincerely, Town of Fountain Hills 16834 East Palisades Fountain Hills, AZ 85268 Dear Sir or Madam: I would like the Town to rezone the piece of land at the corner of Palisades Blvd. 81 La Montana. I believe that this piece of land would be more appropriate as a commercial corner than a residential corner. Sincerely ', /a-(-6-44. 227 z. g.) Town of Fountain Hills 16834 East Palisades Fountain Hills, AZ 85268 Dear Sir or Madam: I would like the Town to rezone the piece of land at the corner of Palisades Blvd. 8t La Montana. I believe that this piece of land would be more appropriate as a commercial corner than a residential corner. L Sincerely, ta. 0 -1)L,, .y Town of Fountain Hills 16834 East Palisades Fountain Hills, AZ 85268 Dear Sir or Madam: I would like the Town to rezone the piece of land at the corner of Palisades Blvd. 81 La Montana. I believe that this piece of land would be more appropriate as a commercial corner than a residential corner. L Sincerely,"��� V ?d2 _ _ � L Town of Fountain Hills 16834 East Palisades Fountain Hills, AZ 85268 Dear Sir or-Madam: I would like the Town to rezone the piece of land at the corner of Palisades Blvd. 8t La Montana. I believe that this piece of land would be more appropriate as a commercial corner than a residential corner. L Sincerely, Law Offices of WILLIAM E. FARRELL, P.L.L.C. Telephone (480) 661-6044 Suite 220 Facsimile (480) 661-7454 William E. Farrell 10135 East Via Linda Scottsdale, Arizona 85258-5312 MEMORANDUM TO: Mayor and Council Town Manager Town Clerk FROM: William E. Farrell Town Attorney DATE: October 21, 1999 RE: Ordinance 99-31 Attached to this memo for your consideration this evening is Ordinance 99-31 which reduces the speed limit on Del Cambre Boulevard from Grande Boulevard to Calaveras Avenue from 30 MPH to 25 MPH. The present 30 MPH speed limit was approved by the Council on August 7, 1999 and, after observation, it is the opinion of the engineering staff that the Del Cambre speed limit should be re-posted and reduced by 5 MPH from 30 to 25 MPH. Engineering staff will be more than happy to answer any questions the staff may have. Respectfully submitted, William E. Farrell Town Attorney WEF:pf L ORDINANCE 99-31 L AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS TOWN CODE, CHAPTER 12, TRAFFIC, ARTICLE 12-1, ADMINISTRATION, SECTION 12-2-2, TRAFFIC CONTROL DEVISES; SPEED LIMITS, BY AMENDING PARAGRAPH C OF SAID SECTION TO REFLECT A DECREASE IN THE SPEED LIMIT ALONG DEL CAMBRE AVENUE FROM GRANDE BOULEVARD TO CALAVERAS AVENUE FROM 30 MPH TO 25 MPH. BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS: Section 1. That the Town Code, Chapter 12, Traffic, Article 12-1, Administration, Section 12-2-2 C. is hereby amended to read as follows: Del Cambre Street Del Cambre Avenue Segment Grande Boulevard to Calaveras Avenue Speed Limit MPH 30 25 PASSED AND ADOPTED by the Mayor and Common Council of the Town of Fountain Hills, Arizona this 21st day of October, 1999. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: S --/-5 Sharon Morgan, Mayor Cassie B. Hansen, Town Clerk REV D BY: APPROVED AS TO FORM: //V'/ c-' - , I ----(--'1-- t-trt 1 v(/ ('-4 L ,.L Paul L. ordin,Town Manager William E. Farrell,Town Attorney ( o-3-1 - 9 9 ASS/ AIL ION 11 ma v . SECOND rn vb W 01 1 COUNT (0—D TOWN OF FOUNTAIN HILLS MEMORANDUM TO: ra lg Mayor and Council FROM: 'rho as W 614 THROUGH: Pa DATE: Oct` 1 , 1999 RE: Emulsion Seal Change Order At this time of the year we begin scheduling the application of emulsion as part of the street maintenance program. A portion of the northeast section of town has been included in the FY '99/00 budget to receive this type of maintenance. The Town has a contract with Domino Road Coatings for emulsion application. This annual contract will expire on November 19, 1999 and Domino Road Coatings will not extend their contract at the current rate. Staff explored the potential savings to the Town that would result in expanding the scope of work in the northeast section prior to the current contract's expiration. Prices for this type of work are expected to increase by 10 to 20 percent above the current contract. By accelerating the schedule and increasing the scope of work in the northeast section now, the Town will save approximately $7,000 to $14,000. This change order does not reflect a price increase to the Town. Staff is requesting a change order to the current contract in the amount of$68,000 to perform the additional work before the contract expires. Although the change order increases the contract amount, the total budget will not be exceeded. Due to the estimated savings to the Town and to the fact that the overall budget will not be exceeded, staff recommends approval of the change order to Domino Road Coatings in the amount of$68,000. bb L Emulsion Seal C.O..doc Law Offices of WrLLIAPT E. FARRELL, P.L.L.C. Telephone (480) 661-6044 Suite 220 Facsimile (480) 661-7454 William E. Farrell 10135 East Via Linda Scottsdale, Arizona 85258-5312 MEMORANDUM TO: Mayor and Council Town Manager Town Clerk FROM: William E. Farrell Town Attorney DATE: October 21, 1999 RE: Resolution No. 1999-52 McDowell Mountain Preservation Area L At your October 7, 1999 Council meeting, you were presented with a three page written report and a map outlining the location of, and designating by parcel number, approximately 460 acres of privately owned land that the Commission recommended to the Council be acquired for the completion of the Fountain Hills McDowell Mountain Preserve. This land,coupled with the 386 acres of land already owned by the town,and its proximity to land owned and/or managed by the City of Scottsdale and its agencies and commissions, would constitute a significant step forward towards a policy of preservation that has been studied and put into place over the past five years. Since the land is privately owned, it will be necessary for the Town to attempt to acquire this land through all of the traditional avenues available to the Town and its residents. These traditional avenues of acquisition include gift, exchange, purchase, and eminent domain. The adoption of this preserve resolution gives additional notice to the property owner of the Town's desires; and, charges all of those responsible with providing information and support to the Council the obligation of continuing to study not only the means and funds for acquisition, but also to continue to develop plans for maintenance and use of this land should the Town be successful in obtaining title to the property. Although the land depicted in this resolution, and the terms of the resolution, establish a specific boundary for the Fountain Hills McDowell Mountain Preserve area, it does not preclude the Council from altering or amending those boundaries in the future to either enlarge or reduce the area depending upon the opportunities for acquisition that may be presented to this and future Councils. Memorandum Re: Resolution 1999-52 McDowell Mountain Preservation Area October 21, 1999 Page 2 The resolution contains a notification requirement to the owners of record of the real property in the designated area and specifically sets forth in prioritized order the recommendation of the McDowell Mountain Preservation Commission as to the size of the parcels and their integration into a preserve area. Staff recommends the adoption of Resolution 1999-52 and, as always, we will be more than happy to answer any questions you may have regarding this resolution or the attachment. Respectfully submitted, William E. Farrell Town Attorney WEF:pf L L 1999-52MEMO.dOCZ:\WPDATAwH\RESU 999-52.MEMO.wpd RESOLUTION 1999-52 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA,ADOPTING THE RECOMMENDATION OF THE FOUNTAIN HILLS MCDOWELL MOUNTAIN PRESERVATION COMMISSION AND ESTABLISHING ADDITIONAL LANDS FOR THE FOUNTAIN HILLS MCDOWELL MOUNTAIN PRESERVE. WHEREAS,the McDowell Mountains are the most prominent scenic feature along the western border of the Town of Fountain Hills with landmark views, lush Sonoran desert vegetation, abundant wildlife, rock outcrops, and steeply carved hillsides and washes; and WHEREAS, the Fountain Hills residents have given their strong support to maintain this treasure for the enjoyment of all and for future generations to experience and enjoy; and WHEREAS, the McDowell Mountain Preservation Commission has defined a mission to follow a defined action plan that will preserve, protect, and maintain the beauty and heritage of the McDowell Mountains in perpetuity with provision for appropriate public access and use as deemed desirable by the Commission in subsequent preserve management administration; and WHEREAS, the Town Council has passed Resolution No. 1999-05 on January 21, 1999 placing the first 386 acres of Town-owned land into the Fountain Hills McDowell Mountain Preserve; and WHEREAS, on October 7, 1999 the Town Council was presented with a comprehensive map containing 11 separate parcels consisting of approximately 460 acres with the official designation of the Fountain Hills McDowell Mountain Preservation Commission as the additional areas requested for acquisition and inclusion in the Fountain Hills McDowell Mountain Preserve; NOW, THEREFORE,BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS: Section 1. That the Town Council has received and does hereby accept and ratify the map attached hereto as Exhibit A depicting 11 parcels of real property totaling approximately 460 acres of land, and does hereby designate said map as the boundaries of land that should be acquired by gift, purchase, exchange or eminent domain to be placed into the Fountain Hills McDowell Mountain Preserve. Liwi;SS/F ,IL. 0—a1 --Q Cf Resolution 1999-52 ON S SECOND moO.— 'DU NI SD— 1 Section 2. That the Town Clerk is hereby authorized and directed to send a certified copy of this Resolution, upon its passage, to all landowners of real property depicted in Exhibit A. Section 3. That Town Staff and the Fountain Hills McDowell Mountain Preservation Commission are encouraged and directed to continue to provide the Town Council with information, suggestions and programs for both the acquisition and management of these lands. PASSED AND ADOPTED this 21st day of October, 1999. FOR T TOWN OF FOUNTAIN HILLS: ATTESTED TO: Sharon Morgan, Mayor Cassie B. Hansen, Town Clerk RE D BY: APPROVED AS TO FORM: v Paul L. ordin, own Manager William E. Farrell, Town Attorne L Resolution 1999-52 2 RESOLUTIONEXHIBIT 1999A -52 -',_ ,,_.'',_'':'..--_--,-.,,-.'_-,_',„_,':-,:,:,:,..-:-„,_-.',...,.,.-.r•-,.....;,',',,,,_,:,z_,,,,-.r.._"-,,-,'„.'. le411111111M11014r. 11 41114::..s. '''',/ss:-''s'''`.•...„,, -...''''., , N i ......._„____'_''.'-I,,'Ili „--'-.=-"-,r*-:._:,_-,i ,\1lK1,i-11,,,7'.,,t:.-"1,4,;,,,'1IlLi A.p1A,A.7N4 li Wtp40V :,l„,,,-,-,,7 2„_s-2',-‘-_-`':',-:,,'-\.,> R 3 f' 11' ' \1 1�1. i,' • \: ,-,-,,-1,,,,,_'.„,'-,:`' 1 : , i. 70 1. r-` ,e..',.,..g,...-iNO,Vlb6P`(o1lmA7i n0 1 ,h/,-w-46-',\i.71.,l,,,14,,lil,,ikt,p,..,.„,i,li,e a,l,.7 ,*-,\,„'','', ;,,,')'' .'_,,\-;,,:').'.'„,,-s. . - ' .' ,. '-'‘'.'' , .,., -','.v.: v!AW */**.orr‘ A 1 l� aF '� '� ,::,_,,..„,,,,,,,-,-:-::,,--„i‘,-,„),-,-.,--.,-;,-..,:;11,,r---,,!,,i-,.-,2,..._.:_,-,. II `o- t '"'t l iy n I ,YAW iR t ` j L,, • yam,.. ay-. ��3 l * / ` ! \�"'yc .+. 9tr •(iiir - ' ,-_,-,",-",1;.:,.,'-',,,'F',7';0. ';pra4-..t '..'`_,'„--,1,,Y;a0",,,--,4 i C t • a t- „,...„...„,.. ;-__ i,- , ,,, ,-„.„f7:-.:*47-;..,--.7 • � 4. -, I 9�9!fse ` � ." t' �� ,4 ', --,,,-5,-.,',',...-.7vv: :,,iii1117,A1,\/- ihil illei .,, ` . am► :��. Z/�l Rio 7/1. 1�� ::T , Oils AV Ilk .4 ADDITIONAL LANDS TO BE PLACED INTO THE , X^7 FOUNTAIN HILLS McDOVYELL MOUNTAIN PRESERVE \•.�.:�`' r� 4:',,,.4; . , ,, ;, ,� ,mK LEGEND ii.1 V7r 1 1e.ee i6.e9 T RECOMMENDED TRAILHEAD rt,,,,,,....\ , .r `4 2ig 190.30 20e.oe \Jv RECOMMENDED APPROXIMATE FUTURE � I ., 3 ee.24 2ez22 TRAIL ALIGNMENT - r,444.76shoo � _ ELEVATIONCONTOUR ' t .,�..~G.22321.22 EXISTNG CEPTS '`-..\` UM 322.04 7 36.21 308.2e NOTE LOT AND RIDNT-OF-WAY LINES mow NI THE r E S 24.39 3e2.e4 EACI.ES NEST AND EAGLE RIDGE NORTH AREAS ARE 1 \l \ •`,� bile. INCLUDED FOR lOCA110NAL REFERENCE PURPOSES O&Y. 0 36.31 41e.0e ) t'''''� �, 1 } 10 G.53 428.60 0 700 1400 ' s y'✓��• 1 11 34.43 402.93 O I I I 1 } \ 1._>>"'. \. \ SCALE: 1'.41400' Gat \ Ce-3 \ i•.�� �' NO11TF1 RE VI oewe.r 21,1YG4 �� `, t�� �;��, `: v'y • �_�4 /� RESOLUTIONEXHIBIT 1999A -52 =` �1 0 ,_ ..,. .. ___,..4F-1--0.-71ravidivairapjzsw„,11 -. —.,e , , __ _ ,,,,,,................_,......11.,, i -...,::,,,,,--,,,,,,, / „. -„,- ,.-,,,,___,___ , , . .1 ,,".-7;1,-...LT7,,,,," :,....-, -: -0 p...-.4114, Ilk afftlagli '''-,., - ,_ ,,. x, ''limo '. �•, Tom_ It.�r. :x (` ,� R i ` `St > a k , - ,, .-:-- ... r--,,,f- 1111/101& 0 Ir- Win r-Ns"---, - I, \ /-"7I-I. ,-.',. 1 rILL:,,,,,....,;er,"3,;-""2-;"'",CI-..- ;',',,,;-'7'...,-."‘-:-''''''::: 1111"raVISI CLIIII1c4111111° /,ati '�'ari. � -, � ' , . • � �� r iV� �`- -t;]. v t \C `v _ / ' ' : ,t r- a''.i I ilp II" �,?, 0 L ,/mil 1 iii,;',U.N0',i4tri.::;-,,',.s .:',,',.11'1,.`:-,-,,,,,,,i',:::-,,,,-= /., ' 1PP ,„, i O i 'ate �, �.� ,... it a K 1 r_.___,._.... . . l ,_ \� � „?` 41k , , t r , "°Area f i 18.68 Sae ra ti f 4 1 411Vrie ',:': '1;:j' I �T 0 I IIN'''.', 4 ii Alk iFtZ* I. }44 1 r1 i 9Q.91 tie ` �-Alp 4, .�, � �, �Y? _ _. , , ...,., ,, .r 4 4':'--- ii,..,,,, ,,,--41,.., _ ,_ , , , , _ Aiwa 11 34.43 Ime ,w 44A• orkki,Lek... mboll!.._ __,,i) err 1;-:�_z- ADDITIONAL LANDS TO BE PLACED INTO THE � r ,, ,,,.... , FOUNTAIN HILLS McDOWELL MOUNTAIN PRESERVE k '.�.S�" F `'r1_ ~$ Tr iii ,cancleN1 wiz WOOS 10TAL LEGEND A. T RECOMMENDED TRAILHEADPROM A.a 1 j 16.66 16.66 r 2 1 190.30 208.98 - - RECOMMENDED APPROXIMATE FUTURE ,� ti r ; O 3 I 5&24 267.22 TRAIL ALIGNMENT 4 44.76 312.00 00- ELEVATION CONTOURL •��� -�, .2z 321.22 0 EXISTNG JEEP TRAMS .62 32204 ‘++�~ . . ~ . 7 38.21 358.25 NOTE LOT AND RIGHT-OF-WAY LINES SNOWN M THE _ ! - 8 24.39 36264 EAGLES NEST MD EAGLE PoDOE NORTN AREAS ARE i , INCLUDED FOR LOCATONAL REFERENCE PURPOSES ONLY. �. , 9 36.31 418.95 �. h ; / 10- 9.55 42&50 © 0 700 1400 I I l 4\ 1 Y"^= i 1 11 34.43 402.9J r{r �...r i i!,; SCALE 1'.1400' I r_ \ r/ NORTH REVISED: October 21,1998 /' F .A \ i V''�.� ."-'7-' ; \,- �/ Law Offices of WILLIAM E. FARRELL, P.L.L.C. Telephone (480) 661-6044 Suite 220 Facsimile (480) 661-7454 William E. Farrell 10135 East Via Linda Scottsdale, Arizona 85258-5312 MEMORANDUM TO: Mayor and Council Town Manager Town Clerk FROM: William E. Farrell Town Attorney DATE: October 21, 1999 RE: Resolution No. 1999-53 Acquisition of Parcel 2 190 Acres The item before you for consideration this evening is a resolution very similar to a resolution unanimously adopted by the Mayor and Council on August 17, 1998 (Resolution No. 1998-43) which authorized the acquisition of 18.68 acres of land needed to connect existing parcels owned by the Town in Section 7 of Township 3 North, Range 6 East. The specific parcel described in this resolution is labeled as Parcel No. 2 in the map and recommendation of the McDowell Mountain Preservation Commission which is the subject of Resolution 1999-52 earlier in the agenda. Like Resolution 1998-43, this resolution contains an emergency clause which would allow the Town to add this parcel to its already existing eminent domain action, as authorized by Resolution 1998-43. Due to the fact that this matter is and will continue to be in litigation, I am unable to divulge in a public setting the anticipated appraised value of the property, or what the actual value of the property might be if determined by a jury in superior court action. I will only indicate to you at this time that, after careful consideration with the Town Manager and with our outside legal consultant, I am of the opinion that the present resources of the Town would allow for this acquisition without the necessity of raising additional funds. As always, however, I must caution you that if the matter does proceed to superior court, there is no way of knowing what the exact amount of compensation will be until the jury renders a verdict. L Memorandum Re: Resolution 1999-53 Acquisition of Parcel 2; 190 Acres October 21, 1999 Page 2 As with the earlier eminent domain action, this does not preclude or in any way inhibit the acquisition of the land through gift, negotiated purchase, or some other form of acquisition should the property owner wish to avail themselves of that opportunity. I have included the emergency clause in this resolution so that notice may be given to the property owner of its inclusion in our existing lawsuit and allow both the Town and the property owner to enjoy certain savings in terms of legal fees and expert witness fees. The emergency clause requires the affirmative vote of at least six members of the Council, and it is my understanding that there will be only six members of the Council available on the evening of October 21, 1999 due to a death in the family of Councilmember Wiggishoff. Should the resolution pass by a majority of less than six votes, the action will still be effective but could theoretically be challenged if we were to amend our lawsuit earlier than 30 days after passage of the resolution. Again, I apologize for my inability to divulge to you in a public setting the legal and financial considerations of this recommendation. However, I can assure you that the Town Manager and our outside legal consultant, as well as I, urge you to give favorable consideration ttlikw to Resolution 1999-53. To the extent possible, I will be more than happy to answer any questions you may have regarding this resolution. Respectfully submitted, William E. Farrell Town Attorney WEF:pf L 1999-5 3ME"MO.dOCZ:\WPDATA\FE\RES\1999-53.MEMO.wpd (1141.-• RESOLUTION 1999-53 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA,DECLARING A PUBLIC NEED AND NECESSITY AND A PUBLIC PURPOSE; AUTHORIZING AND DIRECTING THE TOWN MANAGER, TOWN ATTORNEY AND TOWN CLERK TO TAKE ANY AND ALL ACTION NECESSARY AND TO SIGN ANY AND ALL DOCUMENTS, AND TO PAY ANY AND ALL COSTS OR FEES IN ORDER TO ACQUIRE REAL AND/OR PERSONAL PROPERTY THROUGH GIFT, PURCHASE, OR EMINENT DOMAIN; IDENTIFYING THE REAL AND PERSONAL PROPERTY AS OPEN SPACE OR OPEN AREAS; AND DECLARING AN EMERGENCY. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA, AS FOLLOWS: Section 1. That A.R.S. § 9-464 and A.R.S. § 464.01 define open space lands or open areas as areas characterized by great natural scenic beauty, or whose existing openness, natural condition or present state of the use would maintain or enhance the conservation of natural or scenic resources, and that the acquisition of interest in said lands is a public purpose for which public funds may be expended or advanced. Section 2. That the Town has identified a certain parcel of real property located in Section 6 of Township 3 North, Range 6 East, G&SRB&M, said parcel being approximately 190 acres in size and needed for the purpose of connecting to other parcels, either already acquired by the Town or in the process of acquisition by the Town, for open space conservation by the Town. A map depicting the 190 acres is attached as Exhibit A to this Resolution and an approximate legal description of the 190 acres is attached as Exhibit B to this Resolution. 6;S:tFAIL . I — 1 — 5.9_, Resolution 1999-53 MOTION 0)_ °— SECOND COUNT —O 1 Section 3. That the use of said real property for open space is a public use and in the best interests of the citizens of Fountain Hills. Section 4. That the Town Manager, Town Clerk, and Town Attorney are hereby authorized and directed to acquire said real property by gift, purchase or eminent domain, and to do all acts and to sign all documents and pay all costs necessary to acquire said real property. Section 5. That the immediate operation of the provisions of this Resolution is necessary for the preservation of the public peace, health, safety and welfare of the citizens in that savings of time and expense are currently available to both the Town and property owners, and that the Council therefore declares an emergency to exist, and that this Resolution shall be in full force and effect from and after its passage by the Council, as required by law. PASSED AND ADOPTED by the Mayor and Common Council of the Town of Fountain Hills, Arizona this 21st day of October, 1999. FOR T TOWN OF FOUNTAIN HILLS: ATTESTED TO: Sharon Morgan, May Cassie B. Hansen, Town Clerk REVIE ED BY: APPROVED AS TO FORM: 72/1/,_ L et, Paul L. ordin, Town Manager William E. Farrell, Town Attorney L Resolution 1999-53 2 EXHIBIT "A" TOWN OF FOUNTAIN HILLS PROPERTY ACQUISITON PARCEL REA 99-53 PART OF SECTION 6, T. 3 N., R. 6 E. 36 31 McDOWELL MOUNTAIN PARK 31 31 N89'51'54"E .f. • 1 • : C4 5 `/ 6 6 .4 4 , (9 9 C6 0 UN SUBDIVIDED tri co , 4 A / -s F// A APPROXIMATE AREA TO BE o0 Z\ �s �� ACQUIRED 1190.29 ACRES) ,Aiiiiiiir .'� L20 1 6 L21 Q , 2 �ctt �s 0 I H yJI ,J1 O C� Av 3 U CC N < a Od 0coPoCC 15NORTH ,NSCALE: 1 : 700, DATE: 10-21-99 *POJz ,'b .1 <y N83'32'51"W-1015.49' d rn 146 L45 6 . 1 6 ,0 `„, /65 ��— — — N89'55'42"E-2• •.99' -�` 43 �� _ 12 7 OWNER: CITY OF SCOTTSDALE 7 7 8 N89'57'26"E-299.66' 280 ACRE PARCEL, ' N89'5726"E-1007.99' LN 962 MCR 98-0643985 SHEET 1 OF 2 EXHIBIT "B" DATA TABLES APPROXIMATE UNE TABLE UNE LENGTH BEARING L1 1856.10 500'05'19"E L2 495.21 589'51'54'W L3 323.54 N35'02'52'W L4 10.00 N3099'29'E L5 470.79 N07'30'53'E L6 69.52 N53'58'01'E L7 213.08 N5318'43"W L8 177.91 556'52'12'W L9 313.08 N5455'21'W L10 40.00 N4419'47'W L11 384.95 N0219'51'W L12 344.71 N10'42'15'E L13 395.82 562'35'34"W L14 303.67 N63'06'10'W L15 316.47 N12'4721'E L16 153.25 58757'37'E L17 39.97 N00'00'00'W L18 506.87 N3259'39'W APPROXIMATE L19 79.22 N570412'E CURVE TABLE L20 10.01 N44.06'39'W CURVE LENGTH RADIUS DELTA TANGENT L21 56.05 N4955'36'W L22 107.26 N55'06'01'W C1 92.70 40.00 132'46'36" 91.51 L23 124.02 N7250'42'W C2 97.81 50.00 112'04'38' 74.24 L24 190.07 S58'30'24"W C3 22.75 30.00 43'26'44" 11.95 L25 109.80 S01'49'09'W C4 122.42 270.00 25'58'44" 62.28 L26 373.81 N6114'30'W C5 49.56 180.00 15'46'27" 24.94 L27 192.09 N41'33'29'E C6 72.77 460.00 09'03'49' 36.46 L28 172.14 N5853'O6'W C7 30.14 20.00 8620'21" 18.76 L29 328.93 NO2'40'48'E C8 66.31 280.00 13'34'07" 33.31 L30 332.79 N2159'23'W C9 49.65 270.00 10'32'06" 24.89 L31 176.57 53011'18'W CIO 28.87 230.00 0711'33' 14.46 L32 278.49 N455012'W C11 140.12 110.00 7259'02" 81.37 C12 10.74 40.00 1523'25' S.40 L33 21.03 N511 5'02'E C13 45.02 180.00 1419'44" 22.63 L34 40.00 N38'44'58'W L35 320.71 N65'04'35'W C14 85.62 230.00 2119'46' 43.31 L36 390.04 N4059'08'W L37 187.17 S7017'15'W L38 446.45 N372736'W L39 283.04 N48'45'10'W L40 185.35 N2928'32'E L41 185.67 N3921'14'W L42 114.87 N00'00'04'W L43 1332.98 N8957'30'E L44 486.00 S4310'00'W L45 904.00 587'59'00'E L46 260.00 N81.35'00'E L47 380.00 560'18'00'E L48 620.00 508'30'00"E L49 420.00 N3918'00'E L50 184.00 572'32'00"E L51 212.00 51525'00"E L52 224.00 N7712'00'E L53 566.00 S01'03'00'W L54 167.00 S7650'00'E L55 339.94 S2211'07'W L56 1022.00 534'34'20"E L57 146.00 508'35'00"E L58 370.00 S7414'00'W L59 724.25 S70'45'20'E SHEET 2 OF 2 EXHIBIT "A" TOWN OF FOUNTAIN HILLS PROPERTY ACQUISITON PARCEL REA 99-53 PART OF SECTION 6, T. 3 N., R. 6 E. 36 31 McDOWELL MOUNTAIN PARK 31 31 N89'51'54"E ...f. is 1 C4 �/ 6 6 r,• //44 : 0 UNSUBDIVIDED E 1- ‘s3 of 3 N h n -s J F// � APPROXIMATE AREA TO BE Z\ ��� ACQUIRED 1190.29 ACRES) flitirt L20 1 \ 6L210 ( c» �e cn ��— W `�^o C)U ce N < a „in Z d 10 oCD 0 co ao W co C54 NORTH N W o ? SCALE: Ps 700' 3 a^a E C14 DATE: 10-21-99 44 0 12J i z 0 L52 T t�, /b L31 (so i y N83'32'51"W-1015.49' iv !`T9 d !�� w L46 L45 f 1 6 6 .9' `ram 6 5 ��_ — — N89'S542"E-2• •_99' �` 43 /� 12 7 OWNER: CITY OF SCOTTSDALE 7 7 8 N89'57'26"E-299.66' 280 ACRE PARCEL, LN 982 N89'57'26"E-1007.99' MCR 98-0643985 SHEET 1 OF 2 EXHIBIT "B" DATA TABLES APPROXIMATE LINE TABLE UNE LENGTH BEARING L1 1856.10 S00'0519'E L2 495.21 S8911'54'W L3 323.54 N35002'52'W L4 10.00 N3099'29'E L5 470.79 N0710'53'E L6 69.52 N5358101'E L7 213.08 N5318'43'W LB 177.91 S56'5212'W L9 313.08 N5415'21'W L10 40.00 N4499'47'W L11 384.95 N0219'51'W L12 344.71 N1042'15'E L13 395.82 S6215'34'W L14 303.67 N63'0610'W L15 316.47 N12'4721'E L16 153.25 S87'57'37'E L17 39.97 N00'00'00'W L18 506.87 N32'59'39'W APPROXIMATE L19 79.22 N57004'22'E CURVE TABLE L20 10.01 N44'06'39'W L21 56.05 N4915'36'W CURVE LENGTH RADIUS DELTA TANGENT L22 107.26 N55136'01'W C1 92.70 40.00 132'46'36" 91.51 L23 124.02 N7250'42'W C2 97.81 50.00 112'04'38" 74.24 L24 190.07 S5810'24'W C3 22.75 30.00 43'26'44' 11.95 L25 109.80 S01'49'09'W C4 122.42 270.00 25'58'44" 62.28 L26 373.81 N6194'30'W C5 49.56 180.00 15'46'27" 24.94 (111100* L27 192.09 N411319'E C6 72.77 460.00 09 03'49' 36.46 L28 172.14 N5813'06'W C7 30.14 20.00 86'20'21" 18.76 L29 328.93 NO2'40'48'E C8 66.31 280.00 1314'07' 33.31 L30 332.79 N2159'23'W C9 49.65 270.00 10'32'06" 24.89 L31 176.57 S301118'W C10 28.87 230.00 .0711'33" 14.46 L32 278.49 N4550'22'W C11 140.12 110.00 7759'02" 81.37 L33 21.03 N5115'02'E C12 10.74 40.00 15'23'25" 5.40 C13 45.02 180.00 1419'44" 22.63 L34 40.00 N38'44'58'W L35 320.71 N65•04'35'W C14 85.62 230.00 2119'46" 43.31 L36 390.04 N40'59'08'W L37 187.17 5701715'W L38 446.45 N377736'W L39 283.04 N48'4510'W L40 185.35 N2978'32'E L41 185.67 N397114'W L42 114.87 N00'00'04'W L43 1332.98 N89'57'30'E L44 486.00 S4310'00'W L45 904.00 587'59'00"E L46 260.00 N8115'00`E L47 380.00 56018'00"E L48 620.00 S08'30'00'E L49 420.00 N3918'00'E L50 184.00 S7212'00'E L51 212.00 S15'25'00'E L52 224.00 N7712'00'E L53 566.00 S01'03'00'W L54 167.00 S76'50'00'E L55 339.94 S2211'07'W L56 1022.00 534'34'20'E L57 146.00 S0815'00'E L58 370.00 S7414'00'W L59 724.25 570'45'20'E SHEET 2 OF 2 Town of Fountain Hills Memorandum DATE: October 21, 1999 TO: The orable ayor and Common Council FROM: Jeffr alder, mmunity Development Director THROUGH: Paul . , own Manager SUBJECT: Ordinan e 99-30 Councilmember Mower has requested that the Town Council review and consider a modification to Ordinance 99-30,which will be considered by the Council at tonight's meeting. Ordinance 99- 30 would amend Articles III and V of The Subdivision Ordinance of the Town of Fountain Hills and is the last item on tonight's agenda. The proposed modification consists of the addition of a new paragraph, Section 504(B)(3)on page 6 of the attached revised Ordinance 99-30. This language would allow the Town Council to approve,on a case-by-case basis, an alternative method of calculating the "Preservation Requirement"and the"Disturbance Allowance"as required in the subdivision ordinance. This proposed language is shown below: 3. In addition to the detailed information that is required to be provided to the Town to ensure compliance with this Article, as noted in Section 203(D)(9) of this Ordinance, the property owner may submit to the Town an alternative method of calculating the "Preservation Requirement" and the "Disturbance Allowance" as included in Section 504 (A). The Town Council may approve this alternative method of calculating the "Preservation Requirement" and the "Disturbance Allowance" at the time of preliminary plat consideration. Staff recommends Town Council approval of Ordinance 99-30, with the added language as shown in the attached revised ordinance. L TOWN OF FOUNTAIN HILLS ORDINANCE#99-30 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING ARTICLES III AND V OF THE SUBDIVISION ORDINANCE OF THE TOWN OF FOUNTAIN HILLS, TO CLARIFY THE MAXIMUM STREET GRADE FOR HILLSIDE LOCAL ROADS AND TO CLARIFY THE METHODOLOGY BY WHICH "PRESERVATION REQUIREMENT" AND DISTURBANCE ALLOWANCE" ARE CALCULATED. WHEREAS, The Town of Fountain Hills adopted Ordinance #90-8, on June 28, 1990, which adopted The Code of the Town of Fountain Hills,Arizona, and WHEREAS, The Town of Fountain Hills adopted Ordinance 96-XX on October 3, 1996 which adopted The Subdivision Ordinance of the Town of Fountain Hills, and WHEREAS, Chapter 15 of The Code of the Town of Fountain Hills, Arizona, is commonly referred to as The Subdivision Ordinance of the Town of Fountain Hills, and WHEREAS, The Town of Fountain Hills has made subsequent amendments to The Subdivision Ordinance of the Town of Fountain Hills, and WHEREAS, The Town of Fountain Hills has rewritten portions of Articles III and V of The Subdivision Ordinance of the Town of Fountain Hills in order to clarify several regulations contained therein, including but not limited to the maximum road slope for hillside local roads and the methodology by which "preservation requirement" and"disturbance allowance" are calculated. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA AS FOLLOWS: Section 1. Articles III and V of The Subdivision Ordinance of the Town of Fountain Hills are hereby amended as shown below. New language is shown as being double- underlined and language to be deleted is shown as being cro:tced out. NASS AIL MOTION .111.0. x ORDINANCE 99-30 SECOND J�—KA-CIA c S o� PAGE 1 OF 7 COUNT _ -0 ARTICLE III—SUBDIVISION DESIGN PRINCIPLES AND STANDARDS Street Design. Grades. 1. The maximum grade of a street is as follows: a. Arterial Streets: As determined by the Town Engineer. b. Major Collector Streets: Ten percent c. Minor Collector Streets: 12 percent d. Local Streets: 12 percent e. Hillside-local Streets: In subdivisions where the natural slope of at least 75 percent of the gross subdivision size is 10 percent or greater, and with the Town Engineer's approval, hillside local streets may be utilized. The maximum street grade shall not exceed mere—than-15 12 percent fef However, short road sections that are less than 400 feet long may have a continuous grade of between 12 and 15 percent. Those street grades and road sections lengths between sections of streets exceeding 12 percent, regardless of their length, shall not exceed 12 percent nor shall they be less than 400 feet in length. ARTICLE V- GRADING STANDARDS 502. Subdivision Grading Standards B. Grading for Parks and Golf Courses. The limitations in disturbance as specified in this section Article(including area of disturbance as well as height and detention of cut and fill) may be waived by the Town Council for the development of a park, golf course, trails or other recreational development that does not entail a building or buildings as the primary purpose of the development. C. Grading for Utility Lines. Utility lines,including water and sewer lines and laterals,must be placed within the allowed disturbance area and all disturbed lands shall be restored to the original grade and revegetated with vegetation indigenous to the site. Lots or parcels owned by utility companies which are regulated by the Arizona Corporation Commission are Qnly exempted from the hillside disturbance regulations of this ordinance if the development of the lot or parcel is solely for utility-related uses. L ORDINANCE 99-30 PAGE 2 OF 7 504. Hillside Disturbance. A. The purpose of these land disturbance regulations is to limit the amount of hillside disturbance within each subdivision. The amount of hillside area that may be disturbed shall be based on the severity of the slope. Hillside areas shall mean any area having slopes equal to or greater than 10 percent,as measured from a topographical contour map prepared and stamped by an Arizona-registered land surveyor. The Town requires the submission of topographic contour maps having contour intervals not greater than two feet and at a scale not smaller than 1" = 20' for sites less than 10 acres. Sites 10 to 100 acres may utilize contour intervals not greater than five feet at a scale not smaller than 1" = 50'. Sites over 100 acres may utilize contour intervals not greater than five feet at a scale not smaller than 1"=100'. Individual non-contiguous areas of hillside or non-hillside that are less than 500 square feet that are located within larger areas non-hillside or hillside, respectively, shall may be included with the larger area of non-hillside or hillside that surrounds it. Whether a subdivider chooses the Lot-by-Lot Hillside Protection Option or the Hillside Transfer and Protection Option, Tthe actual square footage of disturbance permitted within one slope interval may be transferred,but only into areas having a lesser degree of slope. The percent of slope shall be determined by the spacing between the contour lines ef as shown on the preliminary plat. Following are the land disturbance allowance of slope interval areas of 500 square feet or more: Percent of Preservation Disturbance Slope Requirement Allowance (%) (%) <10 0 100 10-<20 70 30 20-<30 80 20 30 and more 90 10 B. There are no exempted disturbance activities, except as otherwise specifically provided for in this ordinance. Any exempted disturbance activities shall be subtracted from the gross area of the subdivision, and the required "Preservation Requirement" and "Disturbance Allowance" areas, as noted above in Subsection A, shall be calculated from the net (gross area of the subdivision minus exempted disturbance activities) area of the subdivision, or that area remaining after the area(s)of exempted disturbance have been subtracted from the gross area of the subdivision. L ORDINANCE 99-30 PAGE 3OF7 For example, the following is an illustration of the correct method to calculate the "Preservation Requirement" and "Disturbance Allowance" for Happy Acres,, a fictional. 100 acre subdivision, having 25 acres in each percentage slope band, with_12 acres "exempted" for roadway construction. The ten acres of"exempted" disturbance activities are allocated evenly across the four percentage dope bands. The followin. .I - a of.- only acceptable methodoloev to calculate "Preservation Re uirement" and "Disturbance Allowance" under the Hillside Transfer and Protection Option, as described in Subsection A,above and subsection G.2. below: HAPPY ACRES SUBDIVISION Notes A 0-10% 10--20% 20-30% 30%+ Total • Total Land Area (In Acres) 25.00 25.00 25.00 25.00 100.00 C Exempt Areas(In Acres). 2.50 2.50 2.50 2.50 10.00 l2 Residual (Net) Total 22,.5.0] 2250 22 50 1 22.50 1 90.00 E Disturbance Allowance % 100% _3_0% 20% 10% E Maximum Disturbance Allowance in 220 6 4.50 2.25 36.00 Acres Preservation Requirement % 0% 20% 80% 90% • Minimum Preservation Requirement in 0 15.75 18.00 24.25 54.00 Acres I Proposed Disturbance in Acres 15.00 7.00 4.00 4.00 30.00 I Excess(Short). N/A (0.25) 0_50 (1 75) K Internal Hillside Transfers N/A 0.25 (0.25) 0 Required Size of Outside Sending Area N/A 0 0 17.5 A. The total gross subdivision size for the Happy Acres Subdivision is 100 acres. B. The total "exempt" areas for the subdivision total 10.0 acres. • Residual or "net" areas in the subdivision are derived by subtracting "Exempt Areas" from "Total Land Area", in each slope category. These net totals, in each slope category, are used to calculate Maximum Disturbance Allowance and Minimum Preservation Requirement in each slope category. D The maximum disturbance percentage in each slope category. E_ Derived by multiplying "Residual (Net)Total" by "Disturbance Allowance %." F. The minimum preservation requirement in each slope category. • Derived by multiplying "Residual (Net)Total" by "Preservation Requirement %." ORDINANCE 99-30 PAGE 4 OF 7 Lbw The developer of the Happy Acres Subdivision proposes to disturb, throug• •- •-v• •9 u-, • e subdivision. an amount of non-"exempted" land in each lone cateory in an amount noted on the table. I� Derived by subtracting "Proposed Disturbance in Acres" from "Maximum Disturbance Allowance in Acres." A (Short) in this row indicates that the proposed subdivision will disturb more land in that slope category than is permitted. In this case the subdivider can transfer an excess in the 20-30% slope category to compensate for the shortage in the 10-20% slope category, In the case of the "short" in the 30%+ slope category,the subdivider may either reduce the amount of disturbed land in that slope category or seek Town Council approval of a hillside transfer from outside the subdivision. If the subdivider chooses the Hillside Transfer and Protection Option, as has the subdivider for Hap•v Acres. hillsid- transfers from a steeper slope category to a lessor slope cat-gory are permitted within the subdivision. The subdivider has transferred .25 acres of the .5 acre excess in the 20-30% slope category to compensate for the .25 acres of non-permitted disturbance in the 10-20% slope category. Ks Derived by dividing any (short) acreage, after any internal hillside transfers, by the Disturbance Allowance %. If the subdivider did not desire to preserve the required amount of land in that slope category within the subdivision, and the Town Council approved of a hillside transfer from outside of the subdivision.this is the amount of land within that lone cateeory or a steeper dope category,that would need to be preserved within the "outside sendin• . - ." • •- . -. • . ••- . the subdivision from which the hillside transfer was originating. The following disturbance activities are exempted only from the horizontal Hillside Disturbance Regulations contained in this Section: Disturbance within street rights-of-way, tracts of land for private roads meeting public road standards, and any roadway grading required by the Town Engineer outside of street rights-of-way or tracts for private roads meeting public road standards, lz Utility lines or any other public improvements are not exempted from the requirements of this Section. However, Hhillside disturbance activities needed for the development of utility lines development and associated equipment outside of disturbances caused by other development activities are exempt from the regulations of this Section on land not owned by the utility if the utility company requires in writing that the utility line be located outside of other development activities and if the Town Council concurs with the need of the specific utility line and its alignment. L ORDINANCE 99-30 PAGE 5 OF 7 2, The following disturbance activities are specifically not exempted from the Hillside Disturbance Regulations contained in this Section: Disturbance activities for the development of any effluent watering field or any lake or pond intended for the storage of treated effluen, or any service and/or access road or any above or below • • _ I, - 'i- • utilit lines. whethe or not the development of such fields, ponds, lake service/access roads, pipelines or utility lines have been mandated or suggested by another governmental agency or Court. lz Any "utility" disturbance, other than for a utility line and associated equipment as described above in subsection lb. In addition to the detailed information that is required to be provided to the Town to ensure compliance with this Article, as noted in Section 203(D)(9) of this Ordinance, the property owner may submit to the Town an alternative method of calculating the "Preservation Requirement" and the "Disturbance Allowance" as included in Section 504 (A). The Town Council may approve this alternative method of calculating the "Preservation Requirement" and the "Disturbance Allowance"at the time of preliminary plat consideration. C. Any previously-disturbed hillside areas within a proposed subdivision, including but not limited to areas such as access roads, where the salvaging of landscape materials for revegetation purposes as described in Section 606 (C) of this Ordinance has occurred, shall be counted toward the total amount of hillside within the subdivision but shall not be accepted by the Town as undisturbed hillside areas. If an applicant desires to salvage landscape materials for revegetation purposes prior to Final Plat approval, the applicant may do so at the risk of non-compliance with this Ordinance and denial of the final plat. D. All grading and/or disturbance performed subsequent to September 20, 1991, or subdivision improvement grading (whichever date is most recent) is considered to be cumulative under this ordinance. In other words the topography of land within the Town as of September 20, 1991 is considered to be natural grade by this Ordinance. Grading and/or other disturbance activities conducted since September 20, 1991 shall not be exempted from the hillside disturbance regulations of this Ordinance and their cumulative hillside disturbance shall be offset at the time of subdivision approval pursuant to the regulations of this Section. L ORDINANCE 99-30 PAGE 6 OF 7 Section 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance or any part of the code adopted herein is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this twenty-first day of October, 1999. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: , 1 14 Sharon Morga , yor Cassie B. Hansen, Town Clerk V ' D BY: APPROVED AS TO FORM: (imp. Paul L Nordin, Town Manager. William E. Farrell, Town Attorney L ORDINANCE 99-30 PAGE 7 OF 7