HomeMy WebLinkAbout1999.1104.TCREMP.Packet w fp NOTICE OF REGULAR AND EXECUTIVE SESSION
a o�. OF THE
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FOUNTAIN HILLS TOWN COUNCIL
Mayor Morgan
Vice Mayor Apps Councilwoman Wiggishoff
Councilman Wyman Councilman Poma
Councilman Mower Councilwoman Hutcheson
WHEN: THURSDAY, NOVEMBER 4, 1999
TIME: 6:30 P.M.
WHERE: TOWN HALL COUNCIL CHAMBERS
16836 E. Palisades, Building B
RULES FOR ADDRESSING THE COUNCIL—ADOPTED 1/18/90
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—Cub Scouts from the Panther Patrol
• INVOCATION—Pastor Steve Gilbertson,Fountain Hills Community Church
• ROLL CALL
Consent Agenda:
All items listed with an asterisk (*) are considered to be routine, non-controversial matters and will be enacted by one
motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all
recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a
Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an
item on the consent agenda, they may request so prior to the motion to accept the consent agenda. The item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda.
Town Council Meeting Agenda Regular Session November 4, 1999
*1.) Consideration of APPROVING THE MEETING MINUTES of October 19 and 21, 1999.
*2.) Consideration of the SPECIAL EVENT REQUEST submitted by Gloria Crowell for the Fountain Hills
Women's Club for their annual Home Tour, Boutique, Luncheon, Bakesale and Raffle. The event, scheduled
for Saturday, November 6, 1999 from 8:00 a.m. to 5:00 p.m., will be held at the Community Center, 11445 N.
Saguaro,and various homes in the community. No street closures will be required.
*3.) Consideration of the PRELIMINARY AND FINAL PLAT preliminary plat for the 2-unit, .2537± acre
Gallery Homes Condominiums 6, located at 14046 Edgeworth Drive, Case Number S99-030.
*4.) Consideration of the PRELIMINARY AND FINAL PLAT for the 2-unit, .2479± acre Edgeworth Drive
Condominiums II, located at 14021 Edgeworth Drive, Case Number S99-031.
*5.) Consideration of the CONTRACT in the amount of $30,000 awarded to e-group, inc. for construction
inspection services at Fountain Park.
6.) Consideration of AUTHORIZING THE MAYOR to sign a proclamation at the November 17 reception
formally declaring the Town of Fountain Hills and Kasterlee,Belgium to be"Sister Cities".
7.) Consideration to APPROVE A LOCATION in Fountain Park for a Veteran's Memorial.
8.) Consideration of ORDINANCE 99-31 amending the Town Code, Chapter 12, Article 12-3, Parking; by
amending Section 12-3-8,Parking of Commercial Vehicles, to prohibit parking of commercial vehicles on any
street or lot within the Town between the hours of 9:00 p.m. and 6:00 a.m., with certain specified exceptions,
and establishing a permit process and permit criteria for overnight parking of commercial vehicles on public
streets in Industrial Zoned areas; renumbering and amending Section 12-3-10, Penalties, to provide that each
day that a violation of any provision of Article 12-3 continues shall constitute a separate offense; creating a
new Section 12-3-10, prohibiting the parking of any vehicle on or along any street or public right-of-way
within the Town for the purpose of sale or advertisement for sale of such vehicle; creating a new Section 12-3-
11, establishing the procedure for commencement of proceedings and service of citations for violation of any
provision of Article 12-3.
9.) Consideration of the PLAN OF DEVELOPMENT for a proposed mini-storage facility to be located at the
northeast corner of Saguaro Boulevard and Technology Drive, aka Plat 414, Lots 49 and 50, Case Number
PD99-04.for a mini storage.
10.) 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.
11.) Pursuant to A.R.S. §38-431.03.A.4., and A.R.S. §38-431.03.A.7., VOTE TO GO INTO EXECUTIVE
SESSION for discussion or consultation with the attorneys of the public body in order to consider its position
and instruct its attorneys regarding the public body's position in pending or contemplated litigation regarding
the Town versus MCO Properties; AND discussions or consultations with designated representatives of the
public body in order to consider its position and instruct its representatives regarding negotiation for the purchase
of lease of real property with regards to the possible acquisition of Chaparral City Water Company;respectively.
12.) RETURN TO REGULAR SESSION AND ADJOU ENT.
•
DATED this 3rd day of November, 1999. By: , QF J
Cassie B. ansen,Town Clerk
L. The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice)or 1-
800-367-8939(TDD)48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting.
Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office.
Town of Fountain Hills Page 2 of 2 Last printed November 3, 1999 1:49 PM
MEMORANDUM
TO: THE HONORABLE MAYOR AND TOWN COUNCIL
FROM: PAUL L. NORDIN, TOWN MANAGER
\-4&
DATE: OCTOBER 29, 1999
RE: MANAGER'S REPORT FOR THE NOVEMBER 4TH COUNCIL
MEETING
Reminders:
Town Hall will be closed in observance of Veteran's Day on Thursday, November 11th, and
will re-open for business on Friday, November 12th. Another Executive Session with Bill
Farrell is scheduled to immediately follow the Town Council meeting on Thursday.
CONSENT AGENDA:
There are five items on the consent agenda. Please review each item and contact me should
you determine any should be removed.
AGENDA ITEM # 6 - PROPOSED REVISIONS TO THE PARKING PROVISIONS
L SECTION IN THE TOWN CODE:
Public Safety Director Steve Gendler and Town Prosecutor Mark Iacovino have addressed
the proposed "parking provisions" of the Town Code in the enclosed report. Vice-Mayor
Apps, and Councilmen Mower and Poma have sponsored the potential revisions. The issues
addressed were as follows: addition of provisions covering privately owned parking lots,
issuing "overnight parking permits" to qualified residents, prohibiting sale of vehicles in the
highway right-of-way, and the addition of language to clearly allow enforcement notification
to be left with the illegally parked vehicle, rather than serving it on the party who parked the
vehicle. Both Steve and Mark will be present to answer any questions you may have. Steve's
report is attached.
AGENDA ITEM#7 - PROPOSED MINI-STORAGE FACILITY:
Council will consider the development plan for the proposed "Technology Drive Mini-
Storage" facility located at the northeast corner of Saguaro Blvd. and Technology Blvd., aka
Plat 414, Lots 49 and 50. According to the zoning ordinance, Council approval is required
prior to the issuance of a building permit. The Planning and Zoning Commission
unanimously recommended approval. Staff recommends approval, providing the stipulations
are met. Please refer to Dana's memo.
AGENDA ITEM#9- EXECUTIVE SESSION WITH TOWN ATTORNEY:
Bill Farrell will provide the necessary materials to you prior to the meeting.
Town Manager's Report
November 4,1999 Council Meeting
Page 1 of 1
L.
Interoffice Memo
To: HONORABLE MAYOR AND TOWN COUNCIL
From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATION
Date: October 27, 1999
Re: AGENDA ITEM #2—WOMEN'S CLUB SPECIAL EVENT REQUEST
AGENDA ITEM #2—WOMEN'S CLUB SPECIAL EVENT REQUEST
Th Club has submitted a special event request for their Annual Home
eLuncheon and Raffle to be held on Saturday, November 6, 1999 from
p. R rpose of the event is a fundraiser for scholarships and local
44, es:/ In addition,-to" e 1 omes on the tour, the other activities will take place at the
m • m� unity Ce _ter, 11445a. Saguaro Boulevard. No street closures are required and a signage
. .n is enclose ... Marshal Ge er s reviewed the request and endorses the event. A certificate
i cal- . s . = mends approval.
0
7
Page 1 of 1 Agenda Items Last printed October 27,1999 12:17 PM
November 4,1999
Fountain Hills Memorandum
TO: Cassie Hansen, Town Clerk
FROM: Steve Gendler, Town Marshal
DATE: October 19, 1999
SUBJECT: Special Event Request - Fountain Hills Woman's Club
The purpose of this memorandum is to endorse the attached special event request submitted by
Shirley Curry on behalf of the Fountain Hills Woman's Club. It is my understanding that this
item will be considered by the Council at their November 4th meeting.
The event involves the annual home tour which occurs in various neighborhoods as well as fund
raising activities that occur at the Community Center. In endorsing this request, I gave careful
consideration to the following factors:
1. The event takes place during daylight hours on November 6th, a Saturday. Therefore,
there will be no danger of reduced visibility due to darkness on neighborhood streets.
2. The event does not require any street closures, detours, or town resources.
3. The event will not conflict with commercial activities or other special events.
4. There is ample off-street parking for the main portion of this event at the Community
Center. The homes on the tour are located in residential districts with no restrictions on
street parking.
Based on the fact that this event has been held previously with no incidents, accidents, or
complaints, as well as the factors listed in the previous paragraph, I recommend approval by the
Council at their November 4th meeting.
Steve Gendler
Marshal
L
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
• /Q>--/-r-r- /6- is- f9
Si tore of Applicant or Agent Date of Application
. Name of Insurance Company: -57 ' � /� J �'' `e�� -
Policy# �-9/V--0 Policy Dates. 1-ot`ij 9¢ — /t,el od
(DO NOT WRITE BELOW THIS LINE - OFFICE USE ONLY)
Certificate of Insurance Filed: YES NO
Approval by Town Marshal. Date
Comments.
Notification of Local Fire Department Date:
Contact Name dr Title.
Arrangements Made:
Notification of Sheriffs Department: Date.
Contact Name & Title:
Arrangements Made:
Final val by To uncil:
By itle y `� is Y- Date•) - y _
FOUNTAIN HILLS WOMEN'S CLUB
* COMMUNITY CENTER
1 999 HOME TOUR 1 . 9436 LONGFEATHER
L2. 15204 SUNBURST
_ 3. 13410 GRANITE WAY
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STATE FARM
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INSURANCE
Fire Policy Status OCTOBER 18 , 1999
Ph. (000) 000-0000
FOUNTAIN HILLS WOMENS CLUB INC FIRE Policy: 93-04 -9154-2 F Yr issd: 1991
PO BOX 18271 Xref :
FOUNTAIN HILL AZ 85269-8271
Location : 11445, N SAGUARO BLVD
FOUNTAIN HILLS AZ 85268-5036
Term: CONT
Type : BUSINESS - MISC Renew date : MAY-24-00
Coverage information Premium: 316 . 00
B-BUSN PROP 2100
C-LOSS INC ACT LOSS
L-BUSN LIAB 1000000 Amount paid: 316 . 00
GEN AGGREGT 2000000 Date paid: APR-28-99
PCO AGGREGT 2000000 Bill to : INSD
M-MED/PERSN 5000
Prey prem: 315
Prey risk : 1 , 900
Deductibles applied : 250 ALL PER OTHER DED MAY APPLY
cry
Messages :
Year built : 1977 Constr : MASONRY
Zone : 27
Prot class : 4
STATE FARM JON E. KLESNER, Agent
C STATE FARM INSURANCE
®Q 16921 E.Palisades Blvd.,Ste 107
INSURANCE Fountain Hills,AZ 85268
Off: (602) 837-1616
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TOWN OF FOUNTAIN HILLS
MEMORANDUM
TO: The Honorable Mayor and Common Council
THROUGH: Paul L. Nordin, Town Manager
FROM: Dana Burkhardt, Planner
DATE: October 29, 1998
SUBJECT: Preliminary& Final Plat for"Gallery Homes Condominiums 6"
Staff has combined the reports for the Preliminary and Find Plats, there are no off-site
improvements or Improvement Plans needed for this plat. This plat is a request by Gallery
Homes, Inc. which would condominiumize two-units located at 14046 Edgeworth Dr.,aka
Lot 35, Block 5, Final Plat 104. Please refer to the attached Planning and Zoning
Commission &Staff report for additional details regarding this request.
L
L
TOWN OF FOUNTAIN HILLS
PLANNING&ZONING COMMISSION AND STAFF REPORT
November 4, 1999
CASE NO: S99-030
LOCATION: 14046 Edgeworth Dr., aka Lot 35, Block 5, Final Plat 104.
REQUEST: Consider the Preliminary and Final Plat for "Gallery Homes Condominiums
6", a 2-unit condominium project.
PROJECT MANAGER: Dana Burkhardt
DESCRIPTION:
OWNER: Gallery Homes, Inc.
APPLICANT: Tom Fredrickson
EXISTING ZONING: "R-2"
EXISTING CONDITION: Under Construction
LOT SIZE: 11,050 square feet
SURROUNDING LAND USES AND ZONING:
NORTH: Duplex; zoned "R-2"
SOUTH: Vacant; zoned "R-2"
EAST: Duplex; zoned "R-2"
WEST: Single-Family; zoned "R-2"
SUMMARY:
This request is for approval of the Preliminary and Final Plat"Gallery Homes Condominiums
6" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell
project. Due to the simplicity of this request and the fact that this project does not involve
any off-site public improvements, a "fast track" process is being allowed.
The owner, Gallery Homes, Inc., has chosen to convert a two-unit complex currently
under construction and record a Declaration of Condominium to sell the units individually.
The units will have a maximum livable area of 1,526.66 square feet, a minimum livable
area of 960.55 square feet and a covered patio. Each unit will have a two-car garage.
The applicant applied for his building permit, 99-635, on May 21, 1999 and received his
permit to build on July 8, 1999.
RECOMMENDATION:
Planning and Zoning Commission recommend approval of the Preliminary Plat and Staff
L. recommends approval of S99-030; Final Plat"Gallery Homes Condominium 6".
t _, TOWN OF FOUNTAIN HILLS
14..10, COMMUNITY DEVELOPMENT DEPARTMENT
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Date Filed / /9 Fee Pai if..-
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Attachments (Please list)
Signature of Owner I HERBY AUTHORIZE (Please Print) Date
CII-71„,"--- ��'v TO FILE THIS APPLICATION.
Subscribed and sworn before me this day of 19
My Commission Expires
Notary Public
(Seal)
TFH Case Number
Fee Schedule Attached S9 9 -63 0
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TOWN OF FOUNTAIN HILLS
MEMORANDUM
TO: The Honorable Mayor and Common Council
THROUGH: Paul L. Nordin, Town Manager
FROM: Dana Burkhardt, Planner .1
DATE: October 29, 1998
SUBJECT: Preliminary& Final Plat for"Edgeworth Drive Condominiums II"
Staff has combined the reports for the Preliminary and Final Plats, there are no off-site
improvements or Improvement Plans needed for this plat. This plat is a request by
Michael & Michelle Smith, which would condominiumize two-units located at 14021
Edgeworth Dr.,aka Lot 11, Block 9, Final Plat 104. Please refer to the attached Planning
and Zoning Commission &Staff report for additional details regarding this request.
L
L
TOWN OF FOUNTAIN HILLS
PLANNING&ZONING COMMISSION AND STAFF REPORT
November 4, 1999
CASE NO: S99-031
LOCATION: 14021 Edgeworth Dr., aka Lot 11, Block 9, Final Plat 104.
REQUEST: Consider the Preliminary and Final Plat for "Edgeworth Drive Condominiums
II", a 2-unit condominium project.
PROJECT MANAGER: Dana Burkhardt
DESCRIPTION:
OWNER: Michael & Michelle Smith
APPLICANT: Richard Erickson
EXISTING ZONING: "R-2"
EXISTING CONDITION: Under Construction
LOT SIZE: 10,797.6 square feet
SURROUNDING LAND USES AND ZONING:
4kow NORTH: Duplex; zoned "R-2"
SOUTH: Duplex; zoned "R-2"
EAST: Duplex; zoned "R-2"
WEST: Single-Family; zoned "R-2"
SUMMARY:
This request is for approval of the Preliminary and Final Plat "Edgeworth Drive
Condominiums II" Declaration of Condominium, which subdivides cubic airspace, and is
not a land sell project. Due to the simplicity of this request and the fact that this project
does not involve any off-site public improvements, a "fast track" process is being allowed.
The owner, Michael & Michelle Smith, have chosen to convert a two-unit complex
currently under construction and record a Declaration of Condominium to sell the units
individually. The units will have a maximum livable area of 1,172 square feet, a minimum
livable area of 1,172 square feet and a covered patio. Each unit will have a two-car
garage. The applicant applied for his building permit, 98-0807, on June 17, 1998 and
received his permit to build on August 12, 1998.
RECOMMENDATION:
Planning & Zoning Commission recommend approval of the Preliminary Plat and Staff
recommends approval of S99-031; Final Plat"Edgeworth Drive Condominiums II".
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TOWN OF FOUNTAIN HILLS
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MY CONIMiStiOr f / ".11
Hotta./ ire JAMES W. MOSEMAN ..
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.. MEMORANDUM
TO: Mayor and Town Council
THROUGH: Paul L. Nordin,Town M. a::o'
FROM: Robin Goo an,Director
Parks and R cr tion Department
DATE: October 29, 1999
RE: Inspection Services for Fountain Park(Bid#FP99-021)
Staff is requesting approval of a $30,000 Contract to be awarded to E Group, Inc. for inspection
services on Fountain Park (attached). Inspection services will complement those provided by Staff.
These services are concentrated in three areas:
Architectural Services 7,000
Engineering Services 11,500
Loy Landscape Services 9,000
Site Plan for Veteran's Memorial: 2,000
Reimbursables 500
TOTAL CONTRACT $30,000
Services will include attending weekly construction meetings, review of shop drawings and
submittals, and inspecting construction. Staff believes that by supplementing our inspection
services with outside professionals,the Town will receive a superior quality project.
Coucil Memo FP99-021.doc
TOWN OF FOUNTAIN HILLS •
CONSULTING CONTRACT NO.FP99-022
This contract made this 4th day of November 1999, by and between the Town of Fountain
Hills(herein after "Town") a municipal corporation of the State of Arizona and E Group Landscape
Architecture Environmental Design Land Planning (herein after"Consultant").
WITNESSETH
Whereas, the Town Manager of the Town of Fountain Hills is authorized and empowered
by provisions of the Town Code to execute contracts for professional services;
Now therefore, in consideration of mutual promises and obligations set forth herein the
parties hereto agree as follows:
Article 1.
SCOPE OF SERVICES
Consultant shall provide the services described in the attached Exhibit A. All work will be
reviewed and approved by the Contract Administrator to determine acceptable completion. Review
., and approval by the Contract Administrator shall not relieve Consultant of any liability for
improper, negligent or inadequate services rendered pursuant to this contract.
Article 2.
FEES
1. The amount paid to Consultant under this contract is for time and materials,
including reimbursable expenses not to exceed thirty thousand dollars (S30,000.00).
2. Monthly payments may be made to the Consultant on the basis of a progress report
prepared and submitted by the Consultant for the work completed through the last day of the
preceding calendar month. The Payment Schedule is attached as Exhibit B. The Contract
Administrator reserves the exclusive right to determine the amount of work performed and payment
due the Consultant on a monthly basis. Consultant shall maintain all books, papers, documents,
accounting records and other evidence pertaining to such monthly billings and shall make such
materials available at all reasonable times to the Contract Administrator. Monthly billings shall be
accompanied by such documentation as the Contract Administrator may require to make his/her
determination of work performed and payment due.
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Article 3.
TERM OF CONTRACT
1.This contract shall be in full force and effect only when it has been approved by the Town
Council of Fountain Hills,AZ and signed by its Town Manager as attested by the Town Clerk.
2. The Consultant shall proceed with the work immediately upon receipt of a notice to
proceed issued by the Contract Administrator. All work shall be completed and approved on or
before June 30,2000.
3. In the event the work cannot be completed within the time specified within
subparagraph 2 above, the Contract Administrator may approve a change order extending the time
for completion of the work for such period as the Contract Administrator deems reasonable. A
change order extending the time for completion of the work pursuant to this subparagraph shall not
entitle the Consultant to additional compensation.
Article 4.
TERMINATION OF CONTRACT
1. In the event the Town terminates this contract or any part of the services as herein
provided, the Town shall notify the Consultant in writing, and immediately upon receipt of such
notice,the Consultant shall discontinue all work under this contract.
2. Upon such termination or abandonment, the Consultant shall immediately deliver to
the Town all drawings, special provisions, field survey notes, reports, estimates and any and all
other documents or work product generated by the Consultant under the contract, together with all
unused material supplied by the Town. Consultant shall be responsible only for such portion of the
work, which has been completed and accepted by the Town. Use of incomplete data by the Town
shall be the Town's sole responsibility.
3. Upon receipt of notice of termination, Consultant shall appraise work it has
completed but has not yet been paid for and shall submit the work and appraisal to the Contract
Administrator for evaluation within 14 calendar days.
4. The Consultant shall receive as compensation in full for services performed to the
date of such termination or abandonment a fee for the percentage of services actually completed and
accepted by the Town. This fee shall be in an amount to be mutually agreed upon by the consultant
Page 2
and the Town, based upon the scope of work set forth in Exhibit A and the payment schedule set
for
th in Article 2 hereof. If mutual agreement cannot be reached after reasonable negotiation, the
Contract Administrator shall determine the percentage of satisfactory completion of each task set
forth in the scope of work contained in Exhibit A, the amount of compensation Consultant is
entitled to for such work, and the Contract Administrator's determination in this regard shall be
final. The Town shall make such final payment within 60 days after the Consultant has delivered
the last of the partially completed items.
5. If for any reason the Consultant fails to fulfill in a timely and proper manner its
obligations under this contract, or if the Consultant violates any of the covenants, agreements, or
stipulations of this contract the Town may withhold from payment due to the Consultant such
amounts as are necessary to protect the Town's position for the purpose of set-off until such time as
the exact amount of damages due to the Town from Consultant is determined by a court of
competent jurisdiction.
Article 5.
ALTERATIONS OR ADDITIONAL SERVICES
416, The total scope of Consulting services to be performed in accordance with this contract is
set forth in Exhibit A and, if the Consultant is asked to perform services which are not included in
this contract they will be considered additional services. The Consultant shall not perform such
additional services without written authorization in the form of an approved change order from the
Town. In the event the Consultant performs such additional services without written authorization
from the Town, is shall be presumed that the additional services were included in the scope of work
set forth in this contract and the fees specified herein and Consultant shall not be permitted to
request or receive any additional compensation for such additional services.
Article 6.
ASSIGNMENT AND SUBCONTRACTING
1. The contract may not be assigned in whole or in part without the prior written
consent of the Contract Administrator.
2. The Consultant may engage such sub-consultants or professional associates as they
may deem necessary or desire for the timely and successful completion of this contract. However,
the use of such sub-consultants or professional associates for the performance of any part of the
Page 3
work specified in Exhibit A shall be subject to the prior approval of the Town. Consultants will
submit a complete list of sub-consultants on Exhibit C. Employment of such sub-consultants or
professional associates in order to complete the work set forth in Exhibit A shall not entitle
Consultant to additional compensation beyond that set forth in Article 2 hereof for completion of
the work specified in Exhibit A. Consultant shall be responsible for and shall warrant all work
delegated to such sub-consultants or professional associates.
3. The general timefrarne for this project is shown in Exhibit D.
Article 7.
COMPLETENESS AND ACCURACY
The Consultant shall be responsible for and shall warrant the completeness, accuracy and
quality of all work done pursuant to the contract including, but not limited to reports, survey work,
plans, supporting data and special provisions prepared or compiled pursuant to Consultant's
obligations under this contract and shall correct at his expense all errors or omissions which may be
discovered therein. The fact that the Town has accepted or approved the Consultant's work shall in
no way relieve the Consultant of any of his responsibilities.
Article 8.
OWNERSHIP OF DOCUMENTS
All documents including but not limited to, data computation, studies, reports, field notes,
design notes and all original drawings which are prepared in the performance of this contract are to
be and remain the property of the Town and are to be delivered to the Contract Administrator
before final payment under this contact is made to the Consultant.
Such documents are not intended or represented to be suitable for any reuse by the Town or
other party, its departments or agencies on extensions of the project or on any other project. Any
reuse without written verification or adaptation by Consultant for the specific purpose intended will
be at the Town's sole risk and without liability or legal exposure to Consultant.
Article 9.
INDEMNIFICATION
The Consultant shall defend, indemnify and hold harmless the Town and any of its
departments, agencies, officers or employees from all damages, claims or liabilities and expenses
(including attorneys fees) arising out of or resulting in any way from the performance of
Page 4
professional services for the Town and caused by any error, omission or negligent act of the
Consultant or anyone for whose acts the Consultant is legally liable.
Article 10.
INSURANCE
1. The Consultant shall secure and maintain during the life of this contract, insurance
coverage which shall include statutory workman's compensation, comprehensive general and
automobile liability, and errors and omissions professional liability. The comprehensive general
and automobile liability limits shall be no less than one million dollars ($1,000,000) each. The
minimum amounts of coverage for Consultant's professional liability shall be one million dollars
($1,000,000). In other than errors and omissions professional liability and workman's
compensation, the Town of Fountain Hills shall be named as an additional insured. All insurance
coverage shall be written through carriers licensed in Arizona, or on an approved non-admitted list
of carriers published by the Arizona Department of Insurance, and possessing an A.M. Best rating
of at least B+. Should coverage be written on a claims-made basis, the Consultant shall provide,
• prior to commencement of any work, an initial certificate of insurance evidencing required
fkbir coverage limits from date of contract execution through date of policy expiration. Subsequently, a
certificate of insurance or a renewal quotation accompanied by evidence of premium payment shall
be presented a minimum of fifteen (15) days prior to date of expiration of current certificate. Such
certificate or evidence of continuous coverage shall be provided on a periodic basis for a minimum
of two (2)years after completion of contract, and shall contain a certification that the claim's period
for such insurance is retroactive to the effective date of this contract. In the event the Consultant
fails to provide such certificate of coverage retroactive to the beginning date of this contract, the
Town may,but shall not be required to, purchase insurance, if available to protect itself against any
losses which would have been covered by the errors and omissions policy Consultant is required to
maintain under this article. If the Town elects to purchase the insurance under this provision,
Consultant shall be liable to the Town for all costs incurred by the Town for purchasing such
insurance.
2. The Consultant shall submit to the Town a certificate of insurance evidencing the
coverage and limits stated in the foregoing paragraph within ten (10) days of award of this contract.
Insurance evidenced by the certificate shall not expire, be canceled, or materially changed without
Page 5
thirty (30) days prior written notice to the Town, and a statement to that effect must appear on the
face of the certificate and the certificate shall be signed by a person authorized to bind the insurer.
The amount of any errors and omission deductible shall be stated on the face of the certificate. The
Contract Administrator may require the Consultant to furnish a financial statement establishing the
ability of Consultant to fund the deductible. If in the judgement of the Contract Administrator the
financial statement does not establish the Consultant's ability to fund the deductible, and no other
provisions acceptable to the Contract Administrator are made to assure funding of the deductible,
the Contract Administrator may, in his sole discretion, terminate this contract without further
liability to the Town.
Article 11.
ATTORNEYS FEES
In the event either party brings any action for any relief, declaratory or otherwise, arising out
of this contract, or an account of any breach or default hereof, the prevailing party shall be entitled
to receive from the other party reasonable attorneys fees and reasonable costs and expenses,
determined by the court sitting without a jury, which shall be deemed to have accrued on the
commencement of such action and shall be enforced whether or not such action is prosecuted
through judgement.
Article 12.
CONFLICT OF INTEREST
Pursuant to the provisions of A.R.S. § 38-511, the Town may cancel any contract or
agreement, without penalty or obligation if any person significantly involved in initiating,
negotiating, securing, drafting or creating the contract on behalf of the Town is at any time while
the contract or any extension thereof is in effect an employee of any other party to the contract in
any capacity or a consultant to any other party to the contract with respect to the subject matter of
the contract.
Article 13.
PRIOR COMMITMENT
The contract constitutes the entire understanding of the parties and no representations or
agreements oral or written,made prior to its execution shall vary or modify the terms thereof.
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Page 6
Article 14.
GOVERNING LAW
This contract shall be governed and interpreted according to the laws of the State of Arizona.
Article 15.
AMENDMENTS
Any amendment, modification or variation form the terms of this contract shall be in
writing and signed by all parties hereto.
Article 16.
ADDITIONAL WARRANTIES AND DISCLOSURES BY CONSULTANT
1. The Consultant shall reveal fully and in writing any financial or compensatory
agreements which the Consultant has with any prospective contractor prior to the Town's
publication of requests for bids for construction.
2. The Consultant hereby warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the Consultant to solicit or secure this
agreement, and that the Consultant has not paid or agreed to pay any person, company, corporation,
individual or firm other than a bona fide employee working solely for the Consultant any fee,
commission, percentage, gift or any other consideration contingent upon or resulting from the
award or making of this agreement.
3. The Consultant shall comply with Executive Order No. 11246 entitle "Equal
Opportunity Employment" as amended by Executive Order No. 11375, and supplemented
Department of Labor Regulations 41CFR,Part 16.
Article 17.
COMPLIANCE WITH LAW
The Consultant specifically agrees that in the performance of the services rendered
hereunder by Consultant or anyone acting on their behalf, Consultant will comply with all state,
federal and local statues, ordinances and regulations, and will obtain all permits and licenses
applicable for performance under this agreement.
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Page 7
Article 18.
CONTRACT ADMINISTRATOR •
The Town's Contract Administrator for this contract shall be the Town Manager or his
designee(s).
In witness whereof, the parties hereto have executed this agreement on the date first written
above.
TOWN OF TAIN HILLS
By:
Paul L. din,Town Manager
ATTEST:
aAA/ 1 ' ^rAy^�•
Cassie B.Hansen,Town Clerk
REVIEWED BY:
7/1//:Stee4,.
p5:644.„
William E.Farrell,Town Attorney
REVIEWED BY:
Robin oodman
Director of Parks and Recreation
CONSULTANT:
E Group La scape Architecture
Env' o .1 Design Land Planning
Rob' ' ; ompson,Principal
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Page 8
Lie EXHIBIT A •
PARK DESIGN SERVICES
Project#FP99-022
Description of Project
This contract is inspection services and construction administration on a project called Phase I
improvements at Fountain Park. The project includes a 940 square foot restroom/control building,
two 550 square foot picnic ramadas, 35,600 square feet of DG/Asphalt walkway and 48,000 square
feet of concrete walkway, existing building demolition, performance pad and seatwalls, 16 (24"
box) trees, six picnic tables, landscaping, irrigation and other incidental items as shown on the
Plans and Specifications.
Scope of Services
1. All work will be billed hourly and frequency of visits will be determined by needs of the project
and approved by the Contract Administrator.
2. Architecture services including inspecting the building, reviewing submittals, shop drawings,
etc. It is anticipated that architect will visit the site once per week when the building is under
construction.
Approximately 78 hours x $90 hours=$7,000
verifyinglaygrades, field lights, and other general
3. Engineering services including veri m out, g
observations.
Approximately 150 hours x $81 hours=$11, 500
4. Landscape and irrigation services including facility layout, review of plant materials, and
sidewalk grades and materials.
Approximately 106 hours x $85 = $9,000
5. Create a site plan and associated sketches to build a Veteran's Memorial near the pumphouse.
6. There shall be an allowance of $500 for project related expenses. This includes CAD plots,
blueprinting, film and processing, xeroxing, courier services, mileage, and all other project
related expenses.
7. Summary of anticipated fees by discipline:
Architectural Services 7,000
Engineering Services 11,500
Landscape Services 9,000
Site Plan for Veteran's Memorial 2,000
Reimbursables 500
kelw TOTAL CONTRACT $30,000
Park Design Services-Page 1
8. E Group, Inc. representatives agreed to make site visits and attend weekly construction
meetings as required.
9. Any services not specifically included in the "Scope of Services" section shall be additional
services payable at an hourly fee at the following rates:
Principal $70/hour
Engineer $60/hour
Designer $50/hour
Draftsman $40/hour
Secretary $30/hour
9. All submittals shall be delivered to the Town as follows:
Ms.Michelle Carlson
Fountain Hills Parks and Recreation Department
Post Office Box 17958
Fountain Hills, Arizona 85269
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Park Design Services-Page 2
EXHIBIT B
.., PAYMENT SCHEDULE •
Project#FP99-021
Invoice No. Invoice Amount Invoice Date Date Check Cut
1 $4,500 December 10, 1999 December 24, 1999
2 $4,250 January 10,2000 January 25,2000
3 $4,250 February 10,2000 February 25, 2000
4 $4,250 March 10,2000 March 24,2000
5 $4,250 April 10,2000 April 25, 2000
6 $4,250 May 10,2000 May 25, 2000
7 $4,250 June 9,2000 June 26, 2000
8 FINAL(if necessary) July 10,2000 July 25, 2000
TBD—To be determined
Contract not to exceed$30,000
Guidelines
460, 1. Invoices need to be original and timely.
2. Billing statement should reference invoice number above and Town's Project Number.
3. Billing statement should be clear to read, show work performed, and balance remaining.
4. No additional work or contract amount will be honored without written authorization.
5. Mail billing statements to:
Ms. Michelle Carlson
Town of Fountain Hills
Parks and Recreation Department
Post Office Box 17958
Fountain Hills, Arizona 85269
6. Address billing questions to Michelle Carlson, Administrative Assistant, at (480) 816-5152, fax
(480) 837-6362.
L.
•
•
EXHIBIT C
LIST OF SUBCONTRACTORS
Project#FP99-021 •
Please provide a revised list of subcontractors including e mail address.
e group inc. ENGINEERING DESIGN CONSULTANTS
Landscape Architect Ltd.
817 North Central Avenue 2234 South McClintock Drive
Phoenix, Arizona 85004 Tempe,AZ 85282
Phone: (602)462-9000 Phone: (602)968-5105
Fax: (602)462-9001 Fax: (602)968-0899
E mail: mail@egroupinc.com (Electrical Engineer)
Contacts: Bob Thompson and David Case Ken Sykora-Contact
PROJECT ENGINEERING CONSULTANTS RICHARDSON OR RICHARDSON
Civil Engineer 1301 East Bethany Home Road
2320 E.Peoria Ave., Suite C-122 Phoenix,AZ 85014
Phoenix,Arizona 85029 Phone: (602)266-1301
Phone: (602)906-1901 Fax: (602)264-0757
Fax: (602)906-3080 (Graphic Wyfinding)
E mail: projeninengin@mci2000.com Forrest Richardson—Contact
Contact: Larry Maldonado
COATES IRRIGATION CONSULTANTS, BRUDER ARCHITECTURE
INC. Architect
Irrigation Designer 317 East LeMarche
4300 N.Miller Rd., Suite 104 Phoenix, Arizona 85022
Scottsdale, Arizona 85251 Phone: (602) 375-2186
Phone: (602)481-0682 Fax: (602) 547-9885
Fax: (602)481-0939 E-mail: bruder@ibm.net
E mail: none Contact: Joe Bruder
Contact: Alan George
MAXIM Technologies Inc.
7031 West Oakland Street
Chandler,AZ 85226
Phone: (602)961-1169
Fax: (602)940-0952
(Soil Engineer)
Tim Anderson-Contact
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Exhibit D
CALENDAR OF EVENTS
FOUNTAIN PARK
FP99-021
•
This Calendar of Events is an integral part of the Bidding Requirements and Contract Documents.
All times refer to Mountain Standard Time.
Event Item (Referenced Document) Date and Time
1 Advertisement for Bids Monday, October 18, 1999
Wednesday, October 20, 1999
Thursday, October 21, 1999
2 Pre-bid Conference Thursday,November 4, 1999
Fountain Hills Town Hall 9:00 a.m.MST
3 Bid Opening Tuesday,November 30, 1999
2:00 p.m.
4 Award Contract Thursday,December 2, 1999
Co, 5 Schedule of Values Due Friday,December 3, 1999
6 Notice of Award Friday,December 3, 1999
7 Contract Executed by Friday,December 17, 1999
8 Pre-Construction Meeting Tuesday,December 21, 1999
9 Notice to Proceed Thursday,December 30, 1999
10 Beginning of Construction Monday,January 3,2000
11 Bermuda Hydroseed Completed Friday,May 19, 2000
12 Project Substantially Completed Friday,June 2,2000
13 Project Completed(165 days) Friday,June 16,2000
14 All Project Closeout Materials Due Friday,June 30, 2000
Final Project Billing Submitted to Town no later than July 15,2000
Revised: 10/13/99
COE
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Memo
To: Cassie Hansen
From: Steve Gendler
Date: 10/26/99
Re: Revisions to Article 12-3 of Town Code
The purpose of this memorandum is to provide some background regarding proposed changes in
Article 12-3 of the town code. This article pertains to "parking provisions" and the revisions are
scheduled for consideration by the Council at their November 4th meeting.
Background Information: When the Council amended article 12-3 in July 1997, their intention was to
address commercial vehicle parking through addition of section 12-3-8. An unintended "loophole"
developed when the commercial vehicles began parking in privately owned business lots thereby
avoiding the provision pertaining to public streets.The Marshals Department attempted to address this
through persuasion, however, by February 1999, it became obvious that an ordinance change was
needed. In response to our request, Councilman Apps agreed to sponsor a minor revision to help close
this loophole.
At the same time, Fountain Hills residents who are owner-operators of commercial vehicles, had also
been seeking a method to remain within the code when returning home from over-the-road trips.
Typically, their vehicles would be in town for two or three days before leaving on another assignment.
Councilman Poma had pointed out a need for a location to accommodate these residents at the
Council meeting on July 3, 1997 when the ordinance was adopted. He suggested the portion of El
Pueblo which has since been renamed Desert Vista near the present day off-leash park. The resident
owner-operators had begun parking at that location after the Marshals Department asked them to leave
the privately owned parking lots. However, since a provision was not included in the ordinance, the
Marshals Department again asked the owner-operators to move from the Desert Vista site in response
to complaints. That led to the vehicles being parked on Shea near the Arby's Restaurant. Again in
response to complaints, the Marshals Department had them move from that location. Presently, they
are appearing in the industrial area south of Shea. The resident owner-operators have spoken with Al
Poma on October 7th and he agreed to sponsor a "permit' provision in Article 12-3 to address their
needs.
Another issue relating to parking which also began in February pertained to vehicles parked along the
Saguaro frontage road for the purpose of sale. In the February 17th edition of the Times a photo
appeared showing a line of cars parked for sale stretching from Desert Vista to Tower Drive.As long as
the cars were legally parked, there were no provisions for enforcement action. We eventually handled
this by having the Street Department designate the area as "temporary no parking". However, an
additional problem existed in September with cars being parked in front of Fountain Park for sale
purposes. Posting the area as "no parking"would adversely effect tourists, visitors, and park users so
there was no way to address the problem. Councilman Pen Mower, who was very concerned with this
issue, agreed to sponsor a possible change in Article 12-3 to make it consistent with state law
regarding sale of items in the highway right-of-way.
Proposed Changes: Since all three of the issues outlined above pertained to the same article in the
town codes, Paul Nordin suggested that we communicate these concerns to the town prosecutor, Mark
lacovino, and have him draw up proposed revisions. In the process, Mark lacovino also brought forth
an additional concern with the penalty provision and the service of enforcement action. This concern,
and the previous issues,are being addressed in the following manner:
Eliminating the"loophole"in 12-3-8:Addition of a provision covering privately owned parking lots
Parking of owner-operator commercial vehicles: Addition of a provision allowing the Engineering
Department to issue an "overnight parking permit"to qualified residents.This permit, modeled after the
existing permit for emergency response vehicles, would authorize the Engineering Department to
establish specific provisions such as location, duration, number,fees,and placards.
Prohibiting vehicles for sale in the public right-of-way: Addition of a provision similar to the state statute
in ARS 28-7053a(5) which prohibits sale of vehicles in the highway right-of-way. In this case, the
provisions would apply to public streets within the town limits.
Expanding the service of enforcement documents: Addition of language that would clearly allow
enforcement notification (citations)to be left with the illegally parked vehicle rather than serving it on the
party that parked the vehicle.
Observations and Comments: The proposed changes represent several far-reaching provisions that
have both pros and cons. The advantages are that these provisions would address a growing set of
parking problems resulting in citizen complaints. These complaints range from unsightly situations to
traffic safety concerns. The changes would also benefit a portion of the population (resident owner-
operators) and inconvenience others (residents attempting to sell their vehicles). Other disadvantages
include possible esthetic considerations relating to commercial vehicles parked in designated zones,
additional enforcement responsibilities,and unanticipated public opposition.
Both Mark lacovino who is drafting the ordinance changes, and I will be present at the November 4th
Council meeting to present these changes and address questions.
ORDINANCE 99- 31
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA,AMENDING THE TOWN CODE,
CHAPTER 12,ARTICLE 12-3,PARKING; BY AMENDING SECTION 12-3-8,
PARKING OF COMMERCIAL VEHICLES, TO PROHIBIT PARKING OF
COMMERCIAL VEHICLES ON ANY STREET OR LOT WITHIN THE TOWN
BETWEEN THE HOURS OF 9:00 P.M. AND 6:00 A.M.,WITH CERTAIN
SPECIFIED EXCEPTIONS,AND ESTABLISHING A PERMIT PROCESS
AND PERMIT CRITERIA FOR OVERNIGHT PARKING OF COMMERCIAL
VEHICLES ON PUBLIC STREETS IN INDUSTRIAL ZONED AREAS;
RENUMBERING AND AMENDING SECTION 12-3-10, PENALTIES, TO
PROVIDE THAT EACH DAY THAT A VIOLATION OF ANY PROVISION
OF ARTICLE 12-3 CONTINUES SHALL CONSTITUTE A SEPARATE
OFFENSE; CREATING A NEW SECTION 12-3-10,PROHIBITING THE
PARKING OF ANY VEHICLE ON OR ALONG ANY STREET OR PUBLIC
RIGHT-OF-WAY WITHIN THE TOWN FOR THE PURPOSE OF SALE OR
ADVERTISEMENT FOR SALE OF SUCH VEHICLE; CREATING A NEW
SECTION 12-3-11, ESTABLISHING THE PROCEDURE FOR COMMENCE-
MENT OF PROCEEDINGS AND SERVICE OF CITATIONS FOR VIOLATION
OF ANY PROVISION OF ARTICLE 12-3.
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 12-3, Parking (Contents), is
hereby amended to read as follows:
Article 12-3 PARKING
12-3-1 Method of Parking
12-3-2 Blocking Traffic
12-3-3 Parking Adjacent to Schools
12-3-4 Authority to Erect Signs Restricting Parking
12-3-5 Parking Vehicles on Sidewalks
12-3-6 Restricted Parking Areas for the Physically Disabled
12-3-7 Stopping, Standing or Parking Prohibited in Specified Fire Lanes
12-3-8 Parking of Commercial Vehicles
12-3-9 Trailer, Construction Equipment or Recreational Vehicle Parking
12-3-10 STOPPING, STANDING OR PARKING VEHICLES ON STREETS OR
RIGHT-OF-WAY FOR THE PURPOSE OF SALE
12-3-11 COMMENCEMENT OF PROCEEDINGS FOR VIOLATIONS
12-3-102 Penalties
Section 2. That the Town Code, Chapter 12, Traffic, Article 12-3, Parking, Section 12-3-8,
Parking of Commercial Vehicles, is hereby amended to read as follows:
12-3-8 Parking of Commercial Vehicles
No person shall stand or park a vehicle with a rated chassis in excess of 5,000 pounds,
gross vehicle weight or a tractor, semi-trailer,trailer or bus on any street OR LOT within
the town between the hours of 9:00 p.m. and 6:00 a.m., with the following exceptions:
A. During the process of loading or unloading of such vehicles providing delivery or
services;Of
B. During the unloading of personal baggage or temporary stop not to exceed two
hours; of
C. A VEHICLE SUBJECT TO THIS SECTION MAY BE PARKED BETWEEN THE
HOURS OF 9:00 P.M. AND 6:00 A.M. ON PRIVATELY OWNED PARKING
LOTS LOCATED WITHIN INDUSTRIAL ZONED DISTRICTS OF THE TOWN
IF THE PROPERTY OWNER HAS GIVEN PRIOR WRITTEN CONSENT FOR
SUCH PARKING TO THE OWNER OR OPERATOR OF SUCH VEHICLE;
GD. During such time as a validly issued overnight EMERGENCY RESPONSE
VEHICLE parking permit is in effect;
1. The town marshal shall issue an overnight EMERGENCY RESPONSE
VEHICLE parking permit for one emergency response vehicle upon
application.
2. The AN EMERGENCY RESPONSE VEHICLE PARKING permit shall
be valid for a period of one year from the date of issuance.
3. For purposes of this section, "emergency response vehicle" means a vehicle
designated by the applicant as "on call" which must be available to respond to
nighttime emergencies. "Emergency response vehicle" includes, but is not
limited to: tow trucks, ambulances and service vehicles.
4. The applicant shall identify, by physical description and license plate number,
any vehicle which may be designated as an"emergency response vehicle."
The applicant may designate more than one vehicle as an"emergency vehicle"
provided, however, that no more than one such vehicle may be parked
overnight upon the public rights-of way pursuant to a permit issued hereunder.
5. Any permit issued pursuant to this section shall be displayed on the driver's
side front windshield or dashboard of the "emergency response vehicle"at all
times while such vehicle is parked within the public right-of-way such that the
permit is clearly visible from the outside of the vehicle.
6. The town marshal may revoke a AN OVERNIGHT EMERGENCY
RESPONSE VEHICLE PARKING permit issued pursuant to this section for
failure to meet any of the conditions of this section.
E. ON PUBLIC STREETS IN INDUSTRIAL ZONED DISTRICTS DURING SUCH
TIME AS A VALIDLY ISSUED OVERNIGHT COMMERCIAL VEHICLE
PARKING PERMIT IS IN EFFECT.
1. FOR PURPOSES OF THIS SUBSECTION, "COMMERCIAL VEHICLE"
SHALL MEAN ANY VEHICLE WITH A RATED CHASSIS IN EXCESS
OF 5,000 POUNDS, GROSS VEHICLE WEIGHT OR A TRACTOR,
TRACTOR AND SEMI-TRAILER COMBINATION, OR BUS,NOT
DESIGNATED BY THE TOWN AS AN"EMERGENCY RESPONSE
VEHICLE."
2. THE TOWN ENGINEERING DEPARTMENT SHALL ISSUE AN
OVERNIGHT COMMERCIAL VEHICLE PARKING PERMIT FOR ONE
COMMERCIAL VEHICLE UPON APPLICATION. ELIGIBLE
APPLICANTS SHALL BE RESIDENTS OF THE TOWN, SHALL BE
THE OWNER AND OPERATOR OF THE COMMERCIAL VEHICLE FOR
WHICH THE PERMIT IS SOUGHT, AND SHALL CONSENT TO SAFETY
AND EQUIPMENT INSPECTION OF THE COMMERCIAL VEHICLE AT
ANY TIME DURING WHICH THE VEHICLE IS PARKED PURSUANT
TO THIS SUBSECTION.
3. AN OVERNIGHT COMMERCIAL VEHICLE PARKING PERMIT SHALL
BE VALID FOR A PERIOD OF ONE YEAR FROM THE DATE OF
ISSUANCE.
4. THE APPLICANT SHALL IDENTIFY, BY PHYSICAL DESCRIPTION
AND LICENSE PLATE NUMBER, THE VEHICLE FOR WHICH THE
PERMIT IS SOUGHT.
5. ANY OVERNIGHT COMMERCIAL VEHICLE PARKING PERMIT
ISSUED PURSUANT TO THIS SECTION SHALL BE DISPLAYED ON
THE DRIVER'S SIDE FRONT WINDSHIELD OR DASHBOARD OF THE
COMMERCIAL VEHICLE AT ALL TIMES WHILE SUCH VEHICLE IS
PARKED ON A PUBLIC STREET SUCH THAT THE PERMIT IS
CLEARLY VISIBLE FROM THE OUTSIDE OF THE VEHICLE.
6. NO PERSON SHALL STAND OR PARK A COMMERCIAL VEHICLE
FOR WHICH A PERMIT HAS BEEN ISSUED PURSUANT TO THIS
SUBSECTION WITHIN 300 FEET OF ANOTHER COMMERCIAL
VEHICLE DISPLAYING AN OVERNIGHT COMMERCIAL VEHICLE
PARKING PERMIT.
7. THE STANDING OR PARKING OF A COMMERCIAL VEHICLE FOR
WHICH A PERMIT HAS BEEN ISSUED PURSUANT TO THIS
SUBSECTION REMAINS SUBJECT TO ALL OTHER PROVISIONS OF
THIS ARTICLE.
8. THE APPLICATION AND ISSUANCE FEES FOR AN OVERNIGHT
COMMERCIAL VEHICLE PARKING PERMIT SHALL BE
DETERMINED, AND MAY BE REVISED FROM TIME TO TIME, BY
THE TOWN COUNCIL.
9. THE TOWN ENGINEERING DEPARTMENT MAY REVOKE AN
OVERNIGHT COMMERCIAL VEHICLE PARKING PERMIT ISSUED
PURSUANT TO THIS SECTION FOR FAILURE TO MEET ANY OF THE
CONDITIONS, OR COMPLY WITH ANY PROVISION OF THIS
SECTION.
Section 3. That the Town Code, Chapter 12, Traffic, Article 12-3, Parking, Section 12-3-10,
Stopping, Standing or Parking Vehicles on Streets or Right-of-Way for the Purpose of Sale, is
hereby created to read as follows:
12-3-10 STOPPING, STANDING OR PARKING VEHICLES ON STREETS OR
thiri RIGHT-OF-WAY FOR THE PURPOSE OF SALE
NO PERSON SHALL STOP, STAND OR PARK ANY VEHICLE, WHOLLY OR
PARTLY, ON ANY PUBLIC STREET OR RIGHT-OF-WAY WITHIN THE TOWN
FOR THE PURPOSE OF SELLING THE VEHICLE OR ADVERTISING THE
VEHICLE, OR ANY OTHER ARTICLE, SERVICE OR THING, FOR SALE.
Section 4. That the Town Code, Chapter 12, Traffic, Article 12-3, Parking, Section 12-3-11,
Commencement of Proceedings for Violations, is hereby created to read as follows:
12-3-11 COMMENCEMENT OF PROCEEDINGS FOR VIOLATIONS
A. AN ACTION TO HEAR AND DETERMINE AN ALLEGED VIOLATION OF
THIS ARTICLE SHALL BE COMMENCED BY ISSUANCE OF A CITATION
BY THE TOWN MARSHAL, DEPUTY TOWN MARSHAL OR OTHER
PEACE OFFICER OF THE STATE OF ARIZONA.
B. THE CITATION SHALL BE IN SUBSTANTIALLY THE FORM OF THE
ARIZONA TRAFFIC TICKET AND COMPLAINT PROVIDED FOR IN
ARIZONA RULES OF PROCEDURE IN CIVIL TRAFFIC VIOLATION CASES,
OR IN SUCH OTHER FORM AS MY BE PROVIDED FROM TIME TO TIME
BY RESOLUTION OF THE TOWN COUNCIL.
C. SERVICE OF ANY CITATION FOR VIOLATION OF THIS ARTICLE MAY BE
ACCOMPLISHED, AND WILL BE DEEMED PROPER AND COMPLETE, BY
ANY OF THE FOLLOWING METHODS:
1. BY HAVING THE DEFENDANT SIGN THE CITATION WITH A
PROMISE TO APPEAR IN COURT TEN OR MORE DAYS AFTER
ISSUANCE OF THE CITATION.
2. IF THE DEFENDANT REFUSES TO SIGN THE CITATION, BY HAND
DELIVERING A COPY OF THE CITATION TO THE DEFENDANT.
3. BY AFFIXING THE CITATION TO ANY MOTOR VEHICLE OWNED BY
THE DEFENDANT AND THE PARKING, LOCATION OR
ABANDONMENT OF WHICH CONSTITUTE THE OFFENSE CHARGED
IN THE CITATION.
4. IN THE EVENT SERVICE CANNOT BE ACCOMPLISHED AS SET
FORTH ABOVE, THE DEFENDANT MAY BE SERVED BY ANY
MEANS ALLOWED BY THE ARIZONA RULES OF CIVIL PROCEDURE
FOR THE SUPERIOR COURT.
Section 5. That the Town Code, Chapter 12, Traffic, Article 12-3, Parking, Section 12-3-10,
Penalties, is hereby renumbered as Section 12-3-12, and is amended to read as follows:
12-3-102 Penalties
Violations of this Article shall be punishable as set forth in Chapter 1, Article 1-8,
Subsection B, of this code. EACH DAY THAT A VIOLATION CONTINUES SHALL BE A
SEPARATE OFFENSE PUNISHABLE BY IMPOSITION OF A CIVIL SANCTION NOT TO
EXCEED THREE HUNDRED DOLLARS.
PASSED AND ADOPTED by the Mayor and Common Council of the Town of
Fountain Hills, Arizona this 4th day of November, 1999.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Sharon Morgan, Mayor Cassie B. Hansen, Town Clerk
REVIEWED BY: = APPROVED AS TO FORM:
L
Paul L. Nordin, Town Manager William E. Farrell, Town Attorney
ORDINANCE 99-33
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN
CODE, CHAPTER 12, ARTICLE 12-3, PARKING; BY AMENDING
SECTION 12-3-8, PARKING OF COMMERCIAL VEHICLES, TO
PROHIBIT PARKING OF COMMERCIAL VEHICLES ON ANY STREET
OR LOT WITHIN THE TOWN BETWEEN THE HOURS OF 9:00 P.M. AND
6:00 A.M., WITH CERTAIN SPECIFIED EXCEPTIONS, AND
ESTABLISHING A PERMIT PROCESS AND PERMIT CRITERIA FOR
OVERNIGHT PARKING OF COMMERCIAL VEHICLES ON PUBLIC
STREETS IN INDUSTRIAL ZONED AREAS; RENUMBERING AND
AMENDING SECTION 12-3-10, PENALTIES, TO PROVIDE THAT EACH
DAY THAT A VIOLATION OF ANY PROVISION OF ARTICLE 12-3
CONTINUES SHALL CONSTITUTE A SEPARATE OFFICE; CREATING A
NEW SECTION 12-3-10,PROHIBITING THE PARKING OF ANY VEHICLE
ON OR ALONG ANY STREET OR PUBLIC RIGHT-OF-WAY WITHIN THE
TOWN FOR THE PURPOSE OF SALE OR ADVERTISEMENT FOR SALE
OF SUCH VEHICLE; CREATING A NEW SECTION 12-3-11,
ESTABLISHING THE PROCEDURE FOR COMMENCEMENT OF
PROCEEDINGS AND SERVICE OF CITATIONS FOR VIOLATION OF
ANY PROVISION OF ARTICLE 12-3.
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 12-3, Parking (Contents), is hereby
amended to read as follows:
12-3 Parking
12-3-1 Method of Parking
12-3-2 Blocking Traffic
12-3-3 Parking Adjacent to Schools
12-3-4 Authority to Erect Signs Restricting Parking
12-3-5 Parking Vehicles on Sidewalks
12-3-6 Restricted Parking Areas for the Physically Disabled
12-3-7 Stopping, Standing or Parking Prohibited in Specified Fire Lanes
12-3-8 Parking of Commercial Vehicles
12-3-9 Trailer, Construction Equipment or Recreational vehicle Parking
12-3-10 Stopping, Standing or Parking Vehicles on Streets or right-of-way for the
Purpose of Sale.
12-3-11 Commencement of Proceedings for Violations
12-3-12 Penalties
Section 3. That the Town Code, Chapter 12,Traffic, Article 12-3, Parking, Section 12-3-10,
Stopping, Standing or Parking Vehicles on Streets or right-of-ways for the Purpose of Sale, is
hereby amended to read as follows:
12-3-10 Stopping,Standing or Parking Vehicles on Streets or right-of-way for
the Purpose of Sale.
No person shall stop, stand or park any vehicle, wholly or partly, on any public street or
right-of-way within the town for the purpose of selling the vehicle.
Section 4. That the Town Code, Chapter 12, Traffic, Article 12-3, Parking, Section 12-2-11,
Commencement of Proceedings for Violations, is hereby created to read as follows:
12-3-11 Commencement of Proceedings for Violations
A. An Action to hear and determine all alleged violation of this article shall be
commenced by issuance of a citation by the town marshal, deputy town marshal or
other peace officer of the State of Arizona.
B. The citation shall be in substantially the form of the Arizona traffic ticket and
complaint provided for in Arizona Rules of Procedure in civil traffic violation cases,
or in such other form as may be provided from time to time by resolution of the
Town Council.
C. Service of any citation for violation of this article may be accomplished, and will
deemed proper and complete, by any of the following methods:
1. By having the defendant sign the citation with a promise to appear in court
ten or more days after issuance of the citation.
2. If the defendant refuses to sign the citation, by hand delivering a copy of the
citation to the defendant.
3. By affixing the citation to any motor vehicle owned by the defendant and the
parking, location or abandonment of which constitute the offense charged in
the citation.
4. In the event service cannot be accomplished as set forth above, the defendant
may be served by any means allowed by the Arizona Rules of Civil
Procedure for the Superior Court.
Section 5. That the Town Code, Chapter 12, Traffic, Article 12-3, Parking, Section 12-3-10,
Penalties is hereby renumbered as Section 12-3-12, and is amended to read as follows:
12-3-12 Penalties
Violations of this Article shall be punishable as set forth in Chapter 1, Article 1-8,
Subsection B, of this code. Each day that a violation continues shall be a separate offense
punishable by imposition of a civil sanction not to exceed three hundred dollars.
Section 3. That the Town Code, Chapter 12, Traffic, Article 12-3,Parking, Section 12-3-10,
Stopping, Standing or Parking Vehicles on Streets or right-of-ways for the Purpose of Sale, is
hereby amended to read as follows:
12-3-10 Stopping,Standing or Parking Vehicles on Streets or right-of-way for
the Purpose of Sale.
No person shall stop, stand or park any vehicle, wholly or partly, on any public street or
right-of-way within the town for the purpose of selling the vehicle.
Section 4. That the Town Code, Chapter 12, Traffic, Article 12-3, Parking, Section 12-2-11,
Commencement of Proceedings for Violations, is hereby created to read as follows:
12-3-11 Commencement of Proceedings for Violations
A. An Action to hear and determine all alleged violation of this article shall be
commenced by issuance of a citation by the town marshal, deputy town marshal or
other peace officer of the State of Arizona.
B. The citation shall be in substantially the form of the Arizona traffic ticket and
complaint provided for in Arizona Rules of Procedure in civil traffic violation cases,
or in such other form as may be provided from time to time by resolution of the
Town Council.
C. Service of any citation for violation of this article may be accomplished, and will
deemed proper and complete, by any of the following methods:
1. By having the defendant sign the citation with a promise to appear in court
ten or more days after issuance of the citation.
2. If the defendant refuses to sign the citation, by hand delivering a copy of the
citation to the defendant.
3. By affixing the citation to any motor vehicle owned by the defendant and the
parking, location or abandonment of which constitute the offense charged in
the citation.
4. In the event service cannot be accomplished as set forth above, the defendant
may be served by any means allowed by the Arizona Rules of Civil
Procedure for the Superior Court.
Section 5. That the Town Code, Chapter 12, Traffic, Article 12-3, Parking, Section 12-3-10,
Penalties is hereby renumbered as Section 12-3-12, and is amended to read as follows:
12-3-12 Penalties
Violations of this Article shall be punishable as set forth in Chapter 1, Article 1-8,
Subsection B, of this code. Each day that a violation continues shall be a separate offense
punishable by imposition of a civil sanction not to exceed three hundred dollars.
r .
PASSED AND ADOPTED by the Mayor and Common Council of the Town of Fountain
Hills, Arizona this 4th Day of November 1999.
FOR THE T OF FO AIN HILLS: ATTESTED TO:
‘,4---- - dll.A.424..- ciO i...1,,,,_‘ ,,
Sharon Morgan, Mayor Cassie B. Hansen, Town Clerk
REV D BY: APPROVED AS TO FORM:
aZ �,/j///Z7`"�__ JJA.f.,-: J 'VA/CI
Paul L. Nordin,Town Manager William E. Farrell, Town Attorney
TOWN OF FOUNTAIN HILLS
MEMORANDUM
TO: The Honorable Mayor and Common Council
THROUGH: Paul L. Nordin, Town Manager
FROM: Dana Burkhardt, Planner 16
DATE: October 29, 1999
SUBJECT: Consider Plan of Development for Technology Mini-Storage.
This is a request for Plan of Development approval for a proposed mini-storage use to be
located on Plat 414, Lots 49 &50. Planning &Zoning Commission recommend approval of
the Plan of Development as presented with four stipulations. 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
November 4, 1999
REQUEST: Consideration of a Plan of Development for the Technology Drive Mini-
Storage Facility.
LOCATION: Lots 49 and 50, Plat 414, located west of the intersection of Technology
Drive and Saguaro Boulevard.
PROJECT MANAGER: Dana Burkhardt
DESCRIPTION:
APPLICANT: Seminole Construction
EXISTING ZONING: "IND-2 I.U.P.D."
EXISTING CONDITION: Undeveloped
LOT SIZE: 3.5271 Acres
SURROUNDING LAND USES:
NORTH: Existing mini-warehouse and recreational vehicle storage facility,
zoned IND-1.
SOUTH: Undeveloped commercially-zoned land in Plat 412-B, zoned "C-O".
EAST: Developed multi-family zoned land and a fire station in Plat 412-A,
zoned "R-3" and undeveloped industrially-zoned land in Plat 414,
zoned "IND-2 I.U.P.D."
WEST: Existing offices, showroom and shop area for Valley Framing in Rat
414, Lot 48, zoned "IND-2 I.U.P.D."
ANALYSIS:
This request is for Town Council approval on a Plan of Development for the Technology
Drive Mini-Storage Facility (See the attached site plan). Chapter 13 of The Zoning
Ordinance for the Town of Fountain Hills requires Town Council approval of a Plan of
Development for the site, prior to the issuance of a building permit. Sections 13.05 and
13.06 of the Zoning Ordinance state the requirement for the approval of the plan of
Development and are reprinted below:
CHAPTER 13
INDUSTRIAL ZONING DISTRICTS
13.05 Procedural Regulations.
cow A. An IND-1 Zoning District may be established and made a part of the
Planning &Zoning Commission and Staff Report
Mini-Storage Plan of Development
November 4, 1999
Page 2
Zoning District maps prior to the Town Council approving a Plan of
Development. The Plan of Development shall contain at least the
following:
1. The location and arrangement of the buildings, structures and
other improvements upon the land, including but not limited
to, preliminary grading and drainage plans, walks, roadways,
interior and boundary streets, vehicle parking areas, outside
storage areas, perimeter screening, lighting, landscaping
areas, and signs.
2. Specific site development plans shall include grading plans,
landscape plans and landscaping treatments, building
locations, vehicular ingress/egress and parking, off-site
improvements (such as street, curbs and sidewalks, screening
of outside storage areas, lighting, utility services and setbacks
of buildings or structures).
3. The plan shall show that the proposed use or uses would
conform with the requirements of regulations for the IND-1
Zoning District, and development of the subject parcel of
land shall be according to these requirements and the
approved plan.
B. An IND-2 Zoning District may be established and made a part of the
Zoning District maps prior to the Town Council approving a Plan of
Development. However, prior to any zoning clearances and
building permits being issued, the following actions need to take
place:
1. A Plan of Development must be prepared in accordance
with the site plan requirements detailed in Chapter 2, Section
2.04, herein;
2. This Plan of Development must be submitted to the Planning
and Zoning Commission for its review and report. The
Commission will file its report on the Plan of Development with
the Town Council;
3. The Plan of Development must then receive the approval of
the Town Council.
L
Planning &Zoning Commission and Staff Report
Mini-Storage Plan of Development
November 4, 1999
Page 3
13.06 Expiration of Approval. Approval of a Plan of Development by the Town
Council shall be valid for two (2) years, in which time construction of the
project shall commence and be pursued in earnest. If there is any lapse in
construction for a period of six or more months after construction has
begun, the Plan of Development will be considered abandoned and
resubmittal and review must take place. Prior to the expiration of the
approval, the developer may request an extension of time from the
Commission to initiate the project. The Commission upon a finding of
substantial grounds may grant an extension of time up to one (1)year.
Chapter 2, Section 2.04, which describes the site plan requirements for plans of
development, is reprinted below:
CHAPTER 2
PROCEDURES
2.04 Plan Review.
A. Purpose. The purpose of the plan review is to enable the Community
Development Department to make a finding that the proposed
development conforms with the intent and provisions of this ordinance and
all other town ordinances. The Department may be assisted in this
determination by engineering department, utility companies, fire district,
sanitary district, and other appropriate agencies in the form of written staff
recommendations or stamps of approval. The provisions of this section shall
apply to the permitted, temporary uses, and special uses as specified for
each zoning district.
B. Application For Plan Approval. A request for plan approval shall be filed
with the Community Development Director or designee, on a form
prescribed by the Community Development Director. The request for
approval shall be accompanied by two (2) identical copies of the plan.
Each copy shall be on one or more sheets of paper measuring not more
than twenty-four (24) by thirty-six (36) inches, drawn to a scale not smaller
than forty(40)feet to the inch, which show the following:
1. Lot dimensions.
L
REQUEST FOR
INDUSTRIAL UNIT PLAN OF DEVELOPMENT AND
ZONING CHANGE TO IND-2
FOR
FIREROCK CENTRE
Fountain Hills,Arizona
•
PREPARED BY:
G. William Larson Associates, Inc.
16212 Red Mountain Trail •
Fountain Hills, Arizona 85268
(602) 837-0837 ..
•
PREPARED FOR:
MCO Properties Inc.
16838 E. Palisades Blvd.
P. O. Box 17795
Fountain Hills, Arizona 85269
(602) 837-9660
DATE PREP
DATE REVISED. October tuber 7, 1988
88
2ND REVISION: November 2919988
3RD REVISION: December 12, 1988
..r
Attachment A
L
A. General Site Development Guidelines:
Building Coverage
Maximum allowable building coverage shall be 60% of lot area.
Grading and Drainage
Site grading shall be kept to a minimum and necessary drainage conveyance
systems shall be designed as to minimize any adverse effects on the .
environment. Paving, buildings and drainage shall be designed for maximum
preservation of natural grade and vegetation. Areas intended to be left in a
natural undisturbed state (outside the "Development Envelope") should be
fenced to prevent damage during construction.
Utilities •
•
All utility services shall be installed and maintained underground.
To minimize disturbance of the natural environment all site utility
service
access should be beneath or directly adjacent to vehicular drives where they
penetrate the front setback.
Transformers, electric or other meters shall be painted a standard color to
blend with the native environment and match the front monument sign or
architecture of the building.
Setbacks
The setback requirements for Firerock Centre are more restrictive than
County zoning ordinances and shall prevail in Design Committee review.
Unless otherwise specified in these guidelines, no structure shall be placed
within these setback lines. Should lots be combined under one ownership and
designed as one project, the resultant perimeter setbacks shall prevail and
• interior setbacks will be nullified.
L
Attachment A
• TYPICAL LOT DEVELOPMENT
TRANSPLANT SIGNIFICANT ROCK OUTCROPS ,
L. EES AND CACTI WASHES & HEAVILY VEGETATED
TO ACCOMODATE WELL AREAS TO BE MAINTAINED ---
INTEGRATED BUILDINGS
TYPICAL SCREENING FOR
- DUMPSTER USING
LANDSCAPE AND WALLS — ----
APPROPRIATE ENCROACHMENT
INTO 'GENERAL' PRESERVATION
AREA'AS DETERMINED BY
IN FIELD RECONNAISSANCE /40-44,16
,
10' I
i- • ' t�' ••• ' "i
TYPICAL :�: 4� .. ... .
BUILDING "'
SETBACK , s4 i "• :. .ikI�• J — . ./'�
Ja.• kg,101 i.-
' � '
t§ .1 ...• . :;. ett, . .. ...
``N \
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2_6 F -J " • • • � �
TYPICAL41 M ; • , • • •
SIGNAGE • 64' — • • ' • '
LOCATION 40-• • . • • •
PIC • f .�..I •. 1
• - • - KIN 1
-,.� • r-- • •
1.,1/4:21 20' 10'
46i
_ !62 ,ter •.
TYPICAL ACC SS � •. •' `+ >-
s 11"�7 vs r tmi epic j, .J
•
-10'
DEVELOPMENT ENVELOPE
SHOWN DASHED
NOTES: WHEN ADJACENT PARCELS ARE COMBINED, DEVELOP-
L MENT ENVELOPE MAY RUN UNINTERRUPTED '
BETWEEN PARCELS CONSISTENT WITH ENVIRON-
MENTAL CONSTRAINTS.
• Attachment A
a
C. Landscaping
The objective of landscaping at Firerock Centre is the utilization and
supplementation of the existing native high Sonoran desert vegetation using
low profile and low water use plants. Palms, pines, oleanders and green
fountain grass are specificly prohibited. Lawn, if used, must not be visible
from the street.
In order to provide streetscape continuity a limited streetscape plant palate has
been specified (see Appendix for a list of allowable plant materials).
The uses of decomposed granite is suitable for dressing disturbed areas as long
as sufficient revegetation is also provided; the color and size of the granite
must match and blend in with the natural material on the site. Colored lava or
extensive use of river rock is not allowed.
On property held for future development, the native desert vegetation shall
remain in its natural state. These areas shall not be used for construction or
other storage.
Landscaping shall use a dripirrigation s stem or shall be naturalized to adapt
P gY P
and survive in the desert climate.
Parking areas shall be screened from street visibility with low earthen berms
and/or desert vegetation. Large parking areas shall have sufficient planting to
break up the mass of paving. Loading docks and outdoor storage, if permitted,
must be adequately screened from view by means of walls and desert
landscaping.
Perimeter lot line walls are generally prohibited except as required for
screening, privacy or by code. They shall be compatible with the proposed
architecture in design, color and texture.
If the property owner wishes to make application to the County for an
appropriate variance to this code requirement in order to preserve the
quality of the desert environment, the Design Review Committee
would generally review this variance request positively.
Attachment A
WALL t iitik i MINT
• •.
i
Ate .
3ab
. 4:;7
-�
el, y ti / .
, ( • -41! se./1„, 4,:j i
!pt.*, pi ' • . Aa. LANDSCAPE
" • `, / UFFER- 4 e it . /941"
) 1 1. /
/ • 4. . LL JOGGED WA •
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Ix. j BREAKS—UP A
14 t • CONTINUOUS
-: WALL PLANE
-joy `"l •
/ K.i
•
_• , ly
r _„)
ice► .� b ../ ,
..
AVOID USE OF WALLS ADJACENT TO
•
AREAS OF SIGNIFICANT VEGETATION
.�►.- �� OR OTHER NATURAL FEATURES
\ z1 / \`. r
NipE
404 I ,
. ' 1 = \-\ r
L‘‘ ) r\i
NOTE: WALLS FACING LOTS 1-17 WILL BE
PAINTED A UNIFORM COLOR
Attachment A SNATURAL D TO BLEND WITH THE
ENVIRONMENT.
L
Light Industrial (IND-2 zoned lots)
front 40 feet along Saguaro Blvd.
25 feet along other streets
sideyard 10 feet
side st. 25 feet
rear 10 feet
between
bldgs. 10 feet
The following improvements are expressly excluded from these setback
restrictions: steps, walks, parking, driveway access to-the Site, landscaping,
earthen berms, planters not to exceed three feet in height or two feet in height
where they would interfere with the visual safety and site access points,
illumination and signage.
.
No truck, trailer, van or other high profile vehicle shall be permitted to park
within the front yard parking area and must be parked in rear areas or
approved sideyard screened area.
L
Height • _ __
.
The majority of lots (28-60 & 68, 69) are restricted to 22 feet. Lots (61-67)
backing to a natural landform are restricted to 35 feet. Lots 1-17 are limited
to 18 feet.
Lighting
All on-site lighting (parking, security and aesthetic) shall be designed so as to
shield the light source from all adjacent properties, including community open
space and public roadways. No neon lighting shall be permitted. Low profile
• lighting will be encouraged. Parking lot lighting fixtures shall not exceed 16
feet in height.
L
Attachment A
Planning &Zoning Commission and Staff Report
Mini-Storage Plan of Development
November 4, 1999
Page 4
2. Location, size, height, use, and exterior materials of all buildings and
structures.
3. Size and dimensions of yards and space between buildings.
4. Location and height of walls and fences.
5. Location, number of spaces, dimensions, circulation patterns, and
surface materials for all off-street parking and loading areas,
driveways, access ways, and pedestrian walkways.
b. The location, dimensions, area, materials and lighting of signage.
7. Location and general nature of lighting.
8. Street dedications and improvements.
9. Existing and proposed grades and drainage systems.
10. The size and locations of all existing and proposed public and private
utilities. All easements must be shown and given in writing.
11. Natural features such as mesas, rock outcroppings, or streams and
manmade features such as existing roads and structures, with
indication as to which are to be retained and which are to be
removed or altered.
12. Landscaping, including all surfacing material around buildings and in
all open spaces.
13. A vicinity sketch showing the location of the site in relation to the
surrounding street system. Adjacent properties and their uses shall
be identified.
14. A legal description of the land included in the site plan and of the
lot; the name, address and telephone number of the owner,
developer and designer.
15. Any other information which the plan checker may find necessary to
establish compliance with this and other ordinances.
C. Exception. When, in the opinion of the Community Development Director,
the nature of the permitted or special use is such that it would be
Planning &Zoning Commission and Staff Report
Mini-Storage Plan of Development
November 4, 1999
Page 5
unnecessary or economically unfeasible for the applicant to prepare a
plan in accordance with the above requirements, the Community
Development Director may waive certain of the above requirements, but in
all cases the applicant will be required to prepare and submit a site plan
drawn to scale.
D. Fee. The application for plan approval shall be accompanied by a filing
fee, which shall include engineering plan review time costs, in an amount
established by a schedule adopted by resolution of the Council and filed in
the offices of the Town Clerk. No part of the filing fee shall be refundable.
Payment of the filing fee may be waived when the petitioner is the town,
county, state, school district, or federal government.
E. Review Procedures.
1. The Community Development Department shall have five (5)
working days from the date of submission of a plan application to
review said plan and approve, conditionally approve, request more
time or reject said plan based on its compliance with all provisions of
this ordinance, all other applicable ordinances, and master plans of
the Town of Fountain Hills, and to notify the applicant of the
Department's decision in writing. If, however, the Community
Development Director wishes to obtain the opinion of the Planning
and Zoning Commission, the Director may forward the plan to the
Commission for action at its next regular meeting to be held at least
seven (7) days after such action. In such case, the Community
Development Director must render a decision within five (5) days
after Commission action. In the event of denial, the decision shall set
forth in detail the reasons for denial, or in the event of conditional
approval, the changes or additions which are necessary to make
the plan acceptable.
2. All copies of the approved plan, with any conditions shown thereon
or attached thereto, shall be dated and signed by the Community
Development Director. One copy of said approved plan and
conditions shall be mailed to the applicant, and one copy shall be
filed with the Building Inspector.
F. Appeals. Any applicant for plan approval who is dissatisfied or aggrieved
by the decision of the Community Development Director may appeal such
decision to the Board of Adjustment by filing a written notice of appeal with
the Community Development Department in accordance the procedures
outlined in Section 2.04 of this Ordinance.
Planning &Zoning Commission and Staff Report
Mini-Storage Plan of Development
November 4, 1999
Page 6
G. Expiration of Plan Approval.
1. One (1) year after the date of approval, a plan approval becomes
void if a building permit has not been issued.
2. If the applicant files for an extension prior to the approval becoming
void, an extension may be granted by the approving bodies.
H. Violation and Enforcement.
1. Prior to the issuance of a building permit, the Building Inspector shall
ascertain that the Zoning Administrator and other reviewing
agencies have approved the plans which are in conformance with
those presented with the building permit application and that the
time limitations imposed by this ordinance have not elapsed.
2. The Building Inspector shall ensure that all matters are undertaken
according to the conditions of the approved plan. In the event of a
violation, the Building Inspector shall notify the permittee, by mail or
written report, that he is in violation of the conditions of the
approved plan. If the violation is not cured or a cure is not
substantially begun in the opinion of the Building Inspector within ten
(10) days after notification, the building permit shall be revoked and
shall be null and void.
SITE PLAN:
The attached site plan for the Technology Drive Mini-Storage has been reviewed by staff
for compliance with the standards if the "IND-2 I.U.P.D." zoning on the site. The I.U.P.D.
requires that any development be consistent with the General Site Development
Guidelines that were approved as a part of the I.U.P.D.. The applicable portions of these
guidelines are attached as Attachment A.
The plan was found to be consistent with all of these guidelines. There is a forty (40) foot
setback along Saguaro Boulevard which is divided into two, twenty-foot wide
components. According to the I.U.P.D., the 20 foot wide area closest to Saguaro
Boulevard is restricted to the following improvements:
'The following improvements are expressly excluded from these setback
restrictions: steps, walks, parking, driveway access to the site, landscaping,
earthen berms, planters not to exceed three feet in height or two feet in
Planning &Zoning Commission and Staff Report
Mini-Storage Plan of Development
November 4, 1999
Page 7
height where they would interfere with the visual safety and site access
points, illumination and signage."
The County modified this statement in stipulation G of the Board of Supervisors Minutes
(See Attachment B) to exclude parking or paving other than driveway entrances within
this area. Although walls and wall heights are not expressly regulated in this statement,
staff believes that the intent of this regulation was to restrict any massing above three feet
in height within the full forty-foot setback along Saguaro Boulevard.
The County Board of Supervisors modified the guidelines to permit parking and paving
within the interior twenty-foot wide area within the forty-foot Saguaro Boulevard setback,
but maintained the forty foot setback did not permit "structures", as noted below in the
excerpt from the design guidelines:
"Setbacks
The setback requirements for Firerock Centre are more restrictive than County
zoning ordinances and shall prevail in Design Committee review. Unless otherwise
specified in these guidelines no structure (emphasis added) shall be placed within
these setback lines. Should lots be combined under one ownership and designed
as one project, the resultant perimeter setbacks shall prevail and interior setbacks
will be nullified."
Due to the fact that the Town considers walls in excess of 30 (thirty) inches to be
"structures", because building permits are required for walls over thirty inches in height,
and because staff believes that it was the intent of the I.U.P.D. to provide open,
landscaped or parking areas within the forty-foot setback in order to minimize any
massing along Saguaro Boulevard, staff believes that it was the intent of the I.U.P.D.
Guidelines to prohibit walls in excess of three feet within the full forty-foot setback along
Saguaro Boulevard.
However, the I.U.P.D. guidelines also provide language which is inconsistent with the
above-noted excerpts. The Guidelines also state that:
"Perimeter lot line walls are generally prohibited except as required for
screening, privacy or by code. They shall be compatible with the proposed
architecture in design, color and texture"; and,
"All parking areas adjacent to any abutting right-of-way shall incorporate
screening by use of vegetation and/or walls to a minimum of three feet in
height."
L
Planning &Zoning Commission and Staff Report
Mini-Storage Plan of Development
November 4, 1999
Page 8
On October 28, 1999 the Planning and Zoning Commission unanimously recommends
approval of the Plan of Development for Technology Mini-Storage. The Commission
added the stipulation that the building frontage on Saguaro Blvd. be reduced to a single
level or moved to the interior of the project.
Due to the inconsistent regulations in the I.U.P.D. guidelines regarding walls and wall
heights, staff recommends that the wall location and height regulations of the "IND-2"
base zoning district be utilized for the development. The "IND-2" Zoning District has front
and street side-yard setbacks of 25 feet. Therefore, staff recommends that no walls be
developed within 25 feet of the site's lot lines on Saguaro Boulevard and Technology
Drive.
On January 11, 1995 the Planning and Zoning Commission recommended Town Council
approval of the Plan of Development for the Armored Saguaro Mini-Storage facility with
the stipulation that no wall in excess of 3.5 feet be developed within 25 feet of the front lot
line. Council approved the Armored Saguaro Mini-Storage facility, however, a building
permit was not applied for within the two(2)year expiration limit.
The current application under consideration maintains a forty(40)foot landscaped buffer
along Saguaro Boulevard, a twenty-five (25) foot landscape buffer along Technology,
and ten (10)foot buffers on the side and alley lot lines.
RECOMMENDATION:
Staff and the Planning and Zoning Commission recommend approval of the Plan of
Development for the Technology Drive Mini-Storage Facility with the following stipulations:
1. That building permits be issued for the development if the plans are in
conformance with the Industrial Unit Plan Of Development for the site.
2. That the landscape plan conforms to Section 605.C.6. of the Subdivision
Ordinance of the Town of Fountain Hills and all other applicable ordinances.
3. That the 22 foot building "A" be reduced to a single story or moved into the
interior of the project.
4. A clear aisle of 3 feet shall be provided between any parking space and/or
structure allowing unobstructed access to all storage units.
7
L
•
CRITERIA FOR APPROPRIATE ENCROACHMENT INTO
"PRESERVATION AREAS"
I
• In-field reconnaissance that determines a more precise alignment
of the development envelope while still respectingenviro
constraints and qualities. nmental
• Combination of adjacent parcels while maintaining environmental
constraints and qualities.
• Architectural and/or engineering constraints deemed n
_-4 .to accomplish appropriate character and treatment, ecessary
• Allowance for pedestrian circulation between buildin s areas separated by a preservation corridor. •
g 'or other
• Transplanting of significant vegetation such as trees and cacti to
a location within the same property.
CRITERIA FOR PARKING DESIGN
• All parking areas and driveways shall be paved with a County
approved asphaltic or cement concrete surface. •
• Quantity provided shall be according to county standards.
• All parking areas adjacent to any abutting right-of-way shall
incorporate a landscape area with a minimum width of five feet.
• AlI parking areas adjacent to any abutting right-of-way shall
incorporate screening by use of vegetation and/or walls to a
•
minimum of three feet in height.
• All parking areas shall incorporate a 6-inch high curb or a wheel
barrier.
L
Attachment A
(ww
PLANNING AND ZONING CASES:
Z 88-55 G. William Larson, Assoc. and Commission Initiative for M.C.O.
Prop. , Inc.
Part of the South 1/2, Section 27, Township 3 North, Range 6
East , G&SRB&M which is 60.11 acres on-the North side of Saguaro
Boulevard and South of Shea Boulevard.
Request : From Ind-1 and Ind-1 P.D. to Ind-2 I.U.P.D. and Ind-2
P.D. I.U.P.D.
Commission Recommendation: Recommended for approval of I.U.P.D.
on all lots and Ind-2 on lots 28 through 39 and 51 through 69
subject to the following requirements:
a) Development in accordance with the Plan of Development
entitled, "Industrial Unit Plan of Development for the
Firerock Centre Business Park" consisting of 4 sheets
dated revised November 28, 1988.
b) Compliance with the provisions in the Narrative Report
entitled "Firerock Centre" dated revised December 12,
1988.
c) The minimum distance between buildings shall be 10 feet
as noted in the Narrative Report.
d) The discussion in the Narrative Report regarding Maricopa
County as a party to the CC&R's be deleted. Maricopa
County will not enforce the deed restrictions for this
project.
e) Approval of this I.U.P.D. shall permit administrative
approval of individual site plans based on the
information and material submitted as part of this
application. Each individual site plan shall be reviewed
to determine that it complies with both the spirit and
the letter of all the stipulations that are part of this
application. Any issues not resolved administratively
will be formally submitted to the Planning and Zoning
Commission and the Board of Supervisors.
f) Major changes to this Industrial Unit Plan of Development
with regard to use and intensity must be processed as a
revised application with approval by the Board of
Supervisors upon recommendation of the Commission. Minor
changes to the Industrial Unit Plan of Development may be
administratively approved by the Department of Planning
and Development.
EXTRACTS FROM THE BOARD OF SUPERVISORS MEETING OF APRIL 17, 1989
Case Number 2:$$-55
Page / of 1 PagesAttachment B
•
L
g) There shall be no parking or paving other than driveway
access to the site within the forty (40) foot setback
from Saguaro Boulevard.
h) The CC&R's submitted as part of this application shall be
recorded prior to the issuance of Zoning Clearance for
any new industrial use on any lot in the subject
property.
i) Lots along Saguaro Boulevard shall have front yards on
Saguaro Boulevard.
The Clerk reported that the case had been continued from the
meeting held April 3, 1989.
Supervisor Bruner stated support for the application and asked if
the applicant objected to any of the stipulations.
Bill Larson, representing the applicant, requested the following:
area to
1) That the i n c 1 de lots 240-50 Pwhich.D. e hads been designated
ud d the
by entire
Planning
and Zoning Commission.
2) To amend stipulation "g" to read ". . . within the twenty
(20) foot setback from Saguaro Boulevard." (Underlined text
represents the change.)
3) To include an additional stipulation "j" to read "that
building coverage shall not include covered parking
structures."
Chairman Koory asked if the proposed "j" is normally included.
Don McDaniel , Assistant County Manager,
General Services,
advised that the Board could require "j."
In response to no. "1)" above,
Mr. McDaniel explained that the Commission had excluded ltsL40-50 base n and dton
n
discussions that occurred between the Commission , Mr.
Homeowner's Association who had voiced concerns about this are
Howriever,
Mr. McDaniel said the Association now supports the applicant's
request. Mr. McDaniel believed that the Commission would not have excluded
the lots nor amended "g" if the area resident's had not been concerned.
Supervisor Bruner said that typically, residents are concerned
with Ind-2 because of the uses woullowed. However, he d be enforced by thesresidentsC&R's would
limit the uses and the CC&R
Supervisor Freestone said he was not concerned about the Ind-2
zoning for lots 40-50 because of the CC&R's.
EXTRACTS FROM THE BOARD OF SUPERVISORS MEETING OF APRIL 17, 1989
Case Number z Sk g Page Pe 2 of L Pages Attachment B
•
L
Chairman Koory asked if the Planning and Zoning Commission should
reconsider this case relating to lots 40-50 now that the residents have
withdrawn their opposition.
Mr. McDaniel said only if the opposition had continued would he
have recommended that the case go back to the Commission.
In answer to a question by Supervisor Bruner, Mr. McDaniel did not
object to the applicant's proposed stipulation "j."
Supervisor Bruner said he had visited the area , met with the
residents, and had received no letters in opposition to the request.
Motion was made by Supervisor Bruner for approval11 of the request
from Ind-1 and Ind-1 P.D. to Ind-2 I .U.P.D. and Ind-2 P.D.h I U.P.D.
through
including lots 40-50, subject to stipulations "a" through "f";
"i" • and "g" and "j" as follows:
g) There shall be no parking or paving other than driveway
access to the site within the twenty (20) foot setback from
Saguaro Boulevard.
j) Building coverage shall not include covered parking
structures.
Supervisor Carpenter expressed concern about the close proximity
of the proposed Ind-2 zoning to residential areas.
Supervisor Bruner ssti dctathe since
use of the &so's uthernld be lots.
enforced by
the residents, they could re
Supervisor Carpenter stated concern about the CC&R proposal
for
because residents would be responsiblelitigation costs
the
restrictions were violated.
In answer to a question by Supervisor Carpenter, Mr. McDaniel
explained that staff's recommendation was based solely on the opposition.
In addressing Supervisor Carpenter's concerns, Mr. Gilbert
explained how the Homeowner's
Ase violated.oionwould collect litigation costs
from MCO if the restrictions
Supervisor Carpenter asked if the P.D. would be required even if
lots 40-50 were excluded.
Mr. Gilbert discussed how the applicant volunteered to propose the
P.D. requirement.
EXTRACTS FROM THE BOARD OF SUPERVISORS MEETING OF APRIL 17, 1989
Case Number Z$$"SJ
Page of Pages Attachment B
L
Supervisor Freestone stated support for the application and said
the proposed zoning would be improvement from the existing one.
Motion carried with Supervisors Bruner, Freestone, Pastor and
Chairman Koory voting "aye" and Supervisor Carpenter voting "no" for the
reasons stated in the record.
Attachment B
EXTRACTS FROM THE BOARD OF SUPERVISORS MEETING OF APRIL 17, 1989
Case Number
Z 158_5 s Page l of 4 Pages
TOWN OF FOUNTAIN HILLS
v.Ise."0d COMMUNITY DEVELOPMENT DEPARTMENT
L
*Additional checksheet required
Date Filed Fee Pakp - Not Applicable- Accepted By
/ /0/77 4f /0 0 C.el 1
Plat Name/Number Block Lot(s)
-EL2ftn'Ess r"� k LA-T gig Z81 l (L1c 4S°)
Parcel Size Number of Lots
3 . -11 .Es +/- I
Number of Tracts Zoning
T.—/J -
General Plan Land Use Designation --
N\ t n) - STvQ."1,0re
Density Requested(Dwelling Units Per Acre)
Applicant Day Phone
' , Nose Lc.) 0 (LioS) ?CIO- 9S-0 8
Address _ City ST Zip
D, aD zd ? Ebrviok.)D Dic_ 7So93
Owner Day Phone
S�aM� (b ci(S—S`tZ(
Address City ST Zip
Please describe the intended use for this property
M•n�i -
Signatur,`I Owner I HERBY AUTHORIZE (Please Print) Date
it
TO FILE THIS APPLICATION.
Subscribed and sworn before me this day of , 19
My Commission Expires
Notary Public
(Seal)
TFH Case Number
L
Saguaro Mini-Storage
Project Narrative
August 5, 1999
w
WESTAR
The proposed site is located at the northeast corner of Saguaro Blvd. and
Technology Drive in the Town of Fountain Hills,Arizona.
•
The following is a summary of our request:
1. The proposed development will consist of a multi-story low
intensity,controlled access self storage facility, with five
buildings totaling approximately 82,576 SF of storage area. The
two story building will include a 1500 SF office area along with a
24 hour security surveillance system. The operating hours will be
7:00 am to 7:00 PM daily.
Coy
2. The existing property is currently zoned IND-2 I.V.P.D.,which
allows for the proposed self storage use. The property contains a
gross area of 4.1 AC. and a net area of 3.37 AC.,with a
building coverage of 39%.
Additionally,this project and a similar site layout was approved
by the Planning&Zoning Bd. along with the City Council in
1996.
3. The surrounding land use and zoning pattern for the subject site
is,IND-I to the north,C-O to the south,R-3 &IND-2 I.U.P.D. to
ARCHITECTURE
P the east and IND-2 I.U.P.D to the west. The proposed land use
PROJECT MANAGEMENT and zoning is compatible with the surrounding elements based on
the intent of the classification as defined by the zoning
WESTAR ARCHITECTURAL GROUP ordinances.
INCORPORATED
4700 E.THOMAS ROAD
SUITE 203
PHOENIX,ARIZONA 85018
TEL 602-840-4900
FAX 602-840-0667
4. The building heights for the north, west and portions of the east
W ARCHITECTURAL GROUP will be 10'-8"and a max. height of 22'-0"to the south at the two
INEVADA,INCORPORATED
3900 MEADOWS LANE
SUITE 220
LAS VEGAS,NEVADA 89107
TEL 702-878-0000 50( q '
FAX�7l1�.R7R.Rd ill
.
story building. The building setbacks are 10'-0"at the north and
west property lines,25'-0"at the east property line and 40'-0" at
the south property line.
5. To the best of our knowledge and belief the subject site is not
contained within the limits of a special use or study area. The
subject approval is in accordance with the goals and objectives of
the General Plan and promotes good planning principals such to
provide limited access development onto major arterial roadways
while buffering low density districts from the subject traffic
impacts of higher intensity industrial/commercial uses. •
L
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