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HomeMy WebLinkAbout1999.1216.TCREMP.Packet 4 AIN�l � 41 o t NOTICE OF REGULAR AND EXECUTIVE SESSION o a = g. OF THE 4 c' 1 sc lyss `40thatis , 4a• FOUNTAIN HILLS TOWN COUNCIL Mayor Morgan Vice Mayor Apps Councilwoman Wiggishoff Councilman Wyman Councilman Poma Councilman Mower Councilwoman Hutcheson WHEN: THURSDAY, DECEMBER 16, 1999 TIME: 6:30 P.M. WHERE: TOWN HALL COUNCIL CHAMBERS 16836 E. Palisades, Building B RULES FOR ADDRESSING THE COUNCIL—ADOPTED 1/18/90 it is the Council's desire to hear public comment on agenda items. As it is important to maintain order duringthe meeting,please g P c)dhere to the following rules of order if you wish to speak: All citizens wishing to speak must first be recognized by the Mayor. 2) The Mayor will not call for public comment on an item until after a motion has been made and seconded and the Council has had adequate opportunity to discuss the item. 3) Please stand,approach the microphone and state your name and address after being called on to speak. 4) All comments must be directed to the Mayor. 5) TIME LIMIT—THREE(3)MINUTES PER PERSON PER ITEM. 6) Statements should not be repetitive. 7) Persons or groups wishing to make longer presentations should see the Town Clerk prior to the meeting. • CALL TO ORDER—Mayor Morgan • PLEDGE TO THE FLAG— • INVOCATION—Pastor Scott Von Lanken,Fountain Hills First Assembly of God 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 Leitem 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 December 16, 1999 *1.) Consideration of APPROVING THE MEETING MINUTES of December 2, 1999. *2.) Consideration of the SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Keith Bowman for the American Legion Post 58, located at 16850 Avenue of the Fountains. The special event license is a fundraiser for the Legion's building fund and would be held in conjunction with the Silver Car Auction scheduled for Friday, Saturday, and Sunday,January 14, 15, and 16. The event area will be totally enclosed. *3.) Consideration of the LIQUOR LICENSE APPLICATION submitted by Randy Nations for the FireRock County Club located at 16000 Fire Rock Country Club Drive. The application is for a Series 6,Bar License. *4.) Consideration of RESOLUTION 1999-59 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easement located along the northeasterly property line of Plat 605C, Block 4, Lot 7 (11214 N. Pinto Drive) as recorded in Book 164 of Maps, Page 14 records of Maricopa County, Arizona. (Alan and Kristie Miller) *5.) Consideration of RESOLUTION 1999-60 abandoning whatever right,title,or interest the Town has in certain public utility and drainage easement located along the northeasterly property line of Plat 506C, Block 1, Lot 40 (14821 Cerro Alto Drive) as recorded in Book 159 of Maps, Page 31 records of Maricopa County, Arizona. (Linda F. Moore) *6.) Consideration of a STREET NAME CHANGE from Valleyview Lane to Palisades Boulevard (within FireRock Country Club Master Plat). *7.) Consideration of RESOLUTION 1999-62 abandoning all right, title or interest in portions of a certain public right-of-way known as the portion of the alley abutting the northeast property lines of Lots 3 through 5, Block 1,Plat 302 and Lot 7A,Block 1, of the final replat for Plat 302. *8.) Consideration of RESOLUTION 1999-61 adopting a shared parking agreement between the Town and Victoria Properties, Inc. for the proposed Plaza Fountainside(Village Bazaar)development. *9.) Consideration of an INTERGOVERNMENTAL AGREEMENT with Maricopa County regarding the use of County animal shelters. *10.) Consideration of a FINAL PLAT for Villas Estates a 46 unit condominium project located north of El Lago Boulevard and west of La Montana aka Lot 5,Town Center II. Case#S99-004 *11.) Consideration of the FINAL PLAT for the Eagle Mountain Parcel 13 subdivision, a 40-lot, 25.22 acre single- family subdivision located at the far southeastern corner of the Eagle Mountain development, Case Number S98-050. *12.) Consideration of the PRELIMINARY PLAT for the 9-lot, 8.230 ± acre Firerock Country Club Parcel N subdivision,located in Firerock Country Club, south of Shea Boulevard, Case Number S99-028. *13.) Consideration of the PRELIMINARY PLAT for the 4-lot, 6.917 ± acre Firerock Country Club Parcel Q-3 subdivision, located in Firerock Country Club, south of Shea Boulevard, Case Number S99-029. 14.) MONTHLY REPORT by Magistrate Stuart Shoob. 15.) PUBLIC HEARING on a SPECIAL USE PERMIT for a Wireless Communications Facility in the C-1 Zoning District, located in Tract B,Plat 430, adjacent to the SRP Glenbrook Substation Case#SU99-10. (This public hearing was continued at the December 2, 1999 Council meeting.) 16.) Consideration of a SPECIAL USE PERMIT for a Wireless Communications Facility in the C-1 Zoning District, located in Tract B, Plat 430, adjacent to the SRP Glenbrook Substation Case #SU99-10. (This item was continued at the December 2, 1999 Council meeting.) Town of Fountain Hills Page 2 of 3 Last printed December 10, 1999 3:59 PM Town Council Meeting Agenda Regular Session December 16, 1999 17.) PUBLIC HEARING on ORDINANCE 99-35 rezoning 2.61 acres of land, in Plat 412B,Block 6,Lots 5 &6, located south of Shea Boulevard, east of Cereus Wash and North of Firebrick Drive from the "R1-43" Single- Lay Family Residential Zoning District to the"C-1"Commercial Zoning District, Case Number Z99-23. 18.) Consideration of ORDINANCE 99-35 rezoning 2.61 acres of land, in Plat 412B, Block 6, Lots 5 & 6, located south of Shea Boulevard, east of Cereus Wash and North of Firebrick Drive from the "R1-43" Single-Family Residential Zoning District to the "C-1"Commercial Zoning District, Case Number Z99-23. 19.) Consideration of INITIATING AN AMENDMENT to The Zoning Ordinance for the Town of Fountain Hills to amend Section 11.03 to provide the Town Council the discretion to modify building setbacks for non- residential buildings as a part of a Special Use Permit. 20.) 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. 21.) Pursuant to A.R.S. §38-431.03.A.3., A.R.S. §38-431.03.A.4., and A.R.S. §38-431.03.A.7., VOTE TO GO INTO EXECUTIVE SESSION for discussion or consultations for legal advice with the attorney or attorneys of the public body regarding the Los Arcos Multipurpose Facilities District and the Barclay Group; AND discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position in pending or contemplated litigation 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 or lease of real property with regards to the possible acquisition of Chaparral City Water Company;respectively. 22.) RETURN TO REGULAR SESSION. 23.) ADJOURNMENT. DATED this 10th day December, 1999. laiArts By: CoAL `YJ Cassie B. Hansen,Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice)or 1- 800-367-8939(TDD)48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting. Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office. L Town of Fountain Hills Page 3 of 3 Last printed December 10, 1999 3:59 PM MEMORANDUM TO: THE HONORABLE MAYOR AND TO O I FROM: PAUL L. NORDIN, TOWN MANAGE'' DATE: DECEMBER 10, 1999 RE: MANAGER'S REPORT FOR THE DECEMBER 16TH COUNCIL MEETING Reminders: Two public hearings are on this agenda. We will hold an Executive Session immediately following the regularly scheduled council meeting. This is a reminder that a short Special Council Session is scheduled for Monday, December 20th at 2:00 p.m. in Conference Room C for a liquor license approval. Town Hall will be closed in observance of the Christmas holiday on Friday, December 24th, and closed on Friday, December 31st, in observance of the New Year's holiday. You are invited to attend the annual staff holiday party will take place on Thursday, December 23rd, at 11:00 a.m. in the Council Chambers/Court room. A buffet lunch will be served. We can also look forward to the gift exchange festivities after lunch. CONSENT AGENDA: There are fourteen items on the consent agenda. Please review each item and contact me should you determine any should be removed. NOTE: Consent Agenda Item # 8 (Resolution 1999-61) shared parking agreement language was not ready at the time this packet was distributed. This information will be available for your use early next week or the item will be removed from the agenda. AGENDA ITEM# 15 - COURT ACTIVITY REPORT: Judge Shoob will discuss the November 1999 court activities. He will be pleased to answer any questions you may have. Please see the attached court report. AGENDA ITEMS# 16 & # 17 - PUBLIC HEARING/SPECIAL USE PERMIT/ WIRELESS COMMUNICATIONS FACILITY/GLENBROOK SUBSTATION: This item was continued from the last council meeting to allow staff to clarify ownership of Tract "B". A public hearing is scheduled to gather input concerning the consideration of a special use permit for a stealth wireless facility at the Salt River Project, Tract "B". The Town Manager's Report December 16,1999 Council Meeting Page 1 of 2 Planning and Zoning Commission unanimously recommended approval on December 9`'' Geir's memo is attached. cie AGENDA ITEMS # 18 & # 19 - PUBLIC HEARING/ORDINANCE 99-35/REZONE 2.61 ACRES FROM R1-43 TO C-1: A second public hearing is on the agenda for comments regarding the rezoning application from Rider Land & Development, L.L.C. The applicant intends to develop the site with a combined office and retail project. The Planning and Zoning Commission unanimously denied this rezone application. Staff recommends reconsideration of this rezoning after the commercial development of the Town Center area is completed. Staff has received a sufficient number of protest letters to require a super-majority (6 votes) to pass the ordinance. See Dana's attached report. AGENDA ITEM#20 - CONSIDERATION OF INITIATING AN AMENDMENT TO THE ZONING ORDINANCE: A resident has requested that Council consider the initiation an amendment to the zoning ordinance to allow the Council to modify setbacks on a case-by-case basis as part of the special use permit process. Staff recommends council initiation. Jeff s memo is attached. AGENDA ITEM#22 - EXECUTIVE SESSION: Town Attorney Bill Farrell will provide the information prior to the meeting. L L Manager's Report December 16,1999 Council Meeting Page 2 of 2 (kw Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATION Date: DECEMBER 10, 1999 Re: AGENDA ITEM #2—AMERICAN LEGION SPECIAL EVENT LIQUOR LICENSE AGENDA ITEM #3— FIREROCK LIQUOR LICENSE APPLICATION AGENDA ITEMS #2—AMERICAN LEGION SPECIAL EVENT LIQUOR LICENSE At tk a December2-47H "m �� the Council approved the Special Event Request for the Silver Car ' is;aenda sinclu the American Legion's request for the special event liquor license ' t� „ Thovide. alco c the event scheduled for Friday, Saturday and Sunday, January 14 through-16, 2000. 0 W " ►e°tlAmerican Legion, 16850 East Avenue of the Fountains, has requested the special event liquor ,, license under�their non-profit status. Benefits from the sale of alcohol will go to their building fund. Th have geed to � . d their.#14 liquor license while the special event license is in effect. effective off c n w d be 8.00 a.m. to 11:00 p.m., Friday and Saturday, and from 1.0:00 a it to '" 001= . Sunday r ght. Security will be stationed at all exits/entrances to the �1 fenced area to insure�thaall ,alcohol remains within the event area. Staff recommended that the '��hi event°coordinators use a wristband system to easily identify participants eligible to consume alcohol; This system world well at the Octoberfest event. Marshal- GeridI has r • ed the request, performed his investigation and forwards a favorable recommendation. commends approval. AGENDA ITEM #3— FIREROCK LIQUOR LICENSE APPLICATION Mr. Randy Nations has submitted a liquor license application for the new Fire Rock Country Club that will be located at 16000 Fire Rock Country Club Drive. The request is for a Series 6 Bar License that will allow the on premise sale of alcohol in and around the clubhouse area and golf course. There is a quota on the number of Class 6 licenses allowed in the State of Arizona and as a result, this license will be transferred from the Radisson Hotel Midtown currently located at 401 West Clarendon, Phoenix. Marshal Gendler has performed his background investigates and forwards a favorable recommendation. The premise was posted for the statutory twenty-day period and no written arguments were received at Town Hall. Staff recommends approval. ,,, Page 1 of 1 Cassie Hansen Last printed December 10, 1999 1:35 PM December 10,1999 Fountain Hills Memorandum TO: Cassie Hansen FROM: Steve Gendler DATE: November 30, 1999 SUBJECT: Special Event Liquor License - American Legion The purpose of this memorandum is to endorse the attached special event liquor license submitted by the American Legion Post of Fountain Hills. It is designed to coincide with the Car Show and Auction scheduled on the same dates. It is my understanding that this issue will go before the Council at their meeting on December 16th. I am recommending approval based on the following factors: 1. The American Legion Post has a valid class 14 (club license) in place at 16850 Ave of the Fountains. According to the state liquor department, organizations with a class 14 license are permitted up to 10 days per year in which they are eligible for a special event license allowing public liquor sales. At all other times, the class 14 allows sale to members and Loy guests only. A review of the record indicates that this will represent only the first three of the 10 allowed in 2000 under the exemption provisions. 2. During the 8am-11pm time frame, the permit covers only the area specified in the application. This is an important point since the diagram specifies the fenced parking area in plat 208 with two specific public entrances and security provisions. This parking lot is not normally included under their class 14 license. 3. In previous investigations, we have found that the American Legion has met all the legal requirements under the Arizona Revised Statutes for a liquor license and temporary permit. This included covert monitoring by state liquor agents and overt monitoring by the Marshals Department to ensure compliance with provisions of the special event license. Based on compliance with the provisions of the liquor regulations, the controlled access plans enumerated in the application, and the fact that there have been no violations during previous special event requests from the American Legion, I recommend approval by the Council at their December 16th meeting. Steve Gendler Marshal Form 106 2/95 ARIZONA DEPARTMENT OF LIQUOR LWErtil l5 CONTROL `' ''- 800 W. Washington 5th Floor NOV 2 9 1999 400 W. Congress #150 (iw ,> Phoenix, AZ 85007 Tucson, AZ 85701 ouNTA1N HILLS (602) 542-5141 Q. � F TOWN oi.EAK (602) 628-6595 APPLICATION FOR SPECIAL EVENT LICENSE Fee= $25.00 per day, for 1-10 day events only. PLEASE NOTE: THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. 1. Name of Organization: J 41 F 1(' b- ti ( %' S i 2. Non-Profit/I.R.S. Tax Exempt Number: Y‘' — 3. The organization is a: (check one box only) ❑ Charitable El Fraternal (must have regular membership and in existence for over 5 years) ❑ Civic ❑ Political Party,Ballot Measure, or Campaign Committee ❑ Religious 4. What is the purpose of this event? M (�- 6 F L' ti, D (.0, 19 5. Location of the event: / se-7 G t /Art /9/, S 5• ' Address of physical location(Not P.O.Box) City COUNTY Zip 6. Person making application: tit � 1 ,u vc7 %7, t l /)'C'//// Last First Middle Date of Birth 7. Applicant's Mailing Address: / 96 7 (_°/1 l-!. C Pr!-c; (?G ) 1 tiV ,..j,I L 5 r? .s= Street City State Zip *IMPORTANT* 8. Phone Numbers Only: (.s(c) S' ,) (4s'c)` 3 2- i 8 (rt(�n) CLij 7•- 4 ) "3— Site Owner# Applicant's Business# Applicant's Home# 9. Date(s)&Hours of Event: (Remember:you cannot sell alcohol before 10:00 A.M.on Sunday) Date Day of Week Hours from A.M./P.M. To A.M./P.M. (Ex: 01/01/95 Sunday 10:00 A.M. 1:00 A.M.) Day 1: /// ►�/c t'' / F A-1,1 // ;ec✓^ 1 Day 2: i/i S/c C S i T 'SY, el OM //, r c Day 3: i//e/ n G 5 LI '✓ /G'. d tit 7 c 9 Day 4: Day 5: Day 6: Day 7: • Day 8: Day 9: _ Day 10: NOTE: Contact your local city or county jurisdiction as there may be additional licensing fees and applications to be completed before approval may be granted. r 20. I, � E.�,'.i,'e T H �: 1.5 r , being first duly sworn upon my oath, hereby depose, swear and (Print full name) decl e, under penalty of perjury,that I am the APPLICANT making the foregoing application as listed in Que tion 6, and that the application has been read and that the contents thereof and all statements contained rein are true, correct and complete. X 2 SUBSCRIBED IN MY PRESENCE AND SWORN TO before me (Signature) Th ( 1 this (0 day of 1l COL�.Q�YYI Y��`�- 19 . jtTrl�r "OFFICIAL SEAL" My c•; 1.treviwi �ti. Notary Public-Arizona (Signature of/40TAR PUBLIC) \,;( Maricopa County `tiSf►' My Cnmmiecinn Fmirac 1211112fY11 LOCAL GOVERNMENT APPROVAL 21. I, ,5 jet a.rn.. nr) Or-,�a r� , t r' , hereby recommend this special event (Government Off cial) it ) application on behalf of I h o (n � OA"),4 (ipo (City,Town or County) (Signature of OF IAL) (Date) FOR DEPARTMENT USE ONLY Department Comment Section: (Employee) (Date) ❑ APPROVED ❑ DISAPPROVED BY (Title) (Date) *Disabled individuals requiring special accommodations, please call the Department. ..1111,, R'���'- AMERICAN LEGION Pam, a2�= POST#58 )/,,r) FOUNTAIN HILLS, ARIZONA `k4 , - -✓� 16850 Avenue of the Fountains (602)837-5958 TO WHOM IT MAY CONCERN. The following businesses located at 16850 Ave of the Fountains have no objections to the American Legion being granted an extension of premises for a special event on the following dates : 17� , / i.5 / ocsp SHEAR POINT HAIR DESIGN (1210 TIME -IN RESIGN L - AMERICAN LEGION P ''�; �2�= POST #58 �� �� �, FOUNTAIN HILLS, ARIZONA 16850 Avenue of the Fountains %,111 AO— (602)837-5958 Arizonia , Dept. of Liquor Licenses . . The American Legion Poet 58 agrees to suspend their Liquor License 14 for the period ///it/ 1/15 f//i adc'o Richard La Penta Club Mgr. L L Marshals Department L Memo To: Cassie Hansen From: Steve Gendler Date: 12/07/99 Re: Liquor License Application—Fire Rock Country Club The purpose of this memorandum is to provide information regarding a liquor license application for the "Fire Rock Country Club" to be located at 16000 Fire Rock Country Club Drive. The application is scheduled for consideration at the December 16th council meeting. Background Investigation The application is for transfer of an existing class 6 "bar license" under the specifications of ARS 4- 101.23.A class 6 license allows both on premise and off premise sale of liquor.The on premise sale is (urpe allowed anywhere in the accompanying clubhouse diagram. Under ARS 4-207, a class 6 license is prohibited within 300' of a church or school. Since this is a new development,there are no churches or schools in the immediate area. Once the license is granted,the country club will be"grandfathered"in the event a school or church is later erected in the area. A class 6 license is known as a"quota" license under ARS 4-203 which means only a limited number are issued based on the population of the county. Therefore, these licenses become commodities which are frequently bought, sold, or transferred.This application is for a transfer of license#06070610 from the "Radisson Hotel Midtown" to the "Fire Rock Country Club". The agent, Randy Nations, is acting on behalf of the"Fire Rock Assets LLC"and its board of directors. According to the State Liquor Department,they procured fingerprints from all members of the board which they have submitted to the FBI for review. Therefore, the Marshals Department has simply run a routine "wants and warrants" check on the board members rather than the normal criminal history records inquiry. A check with the state corporation commission indicated that this partnership is a legitimate corporation authorized to do business in Arizona. Recommendation Based on a review of the state liquor license statutes I found this a straightforward transfer of an existing class 6 liquor license.The license classification is appropriate for the intended use and there is nothing that would indicate a problem with the location,the corporation,or the board of directors. I recommend approval L Cc. A I ONA DEPARTMENT OF LICENSES LIQUOR fL �� Q S S & CONTROL 800 W Washington 5th Floor t ~ , RECEIVED 400 W Congress#150 itiPhoenix AZ 85007-2934 NOV�' yY `:. 1 7 1999Tucson AZ 85701-1352 (iiv (602) 542-5141 1 r e "`' � (520) 628-6595 FOUNTAIN HILLS TOWN CLERK APPLICATION FOR LIQUOR LICENSE —r� - -06 TYPE OR PRINT WITH BLACK INK Notice: Effective Nov.1,1997,All Owners,Agents,Partners,Stockholders,Officers,or Managers actively involved in the day to day operations of the business must attend a Department approved liquor law training course or provide proof of attendance within the last five years. See page 5 of the Liquor Licensing requirements. S,) -i— D,�t . I.l�.9 ypSECTION 1 This application is for a: SECTION 2 T e of ownersplikj4' 4' I�'g.41 To C,ot,i.rx c.a. ❑INTERIM PERMIT Complete Section 5 ❑J.T.W.R.O.S. Complete Section 6 13—I 4—q o NEW LICENSE Complete Sections 2,3,4,13,14,15,16,17 ❑INDIVIDUAL Complete Section 6 D PERSON TRANSFER(Bars&Liquor Stores ONLY) ❑PARTNERSHIP Complete Section 6 Complete Sections 2,3,4,11,13,15,16,17 ❑CORPORATION Complete Section 7 ()CATION TRANSFER(Bars and Liquor Stores ONLY) R l LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2,3,4,12, 13,15,16,17 0 CLUB Complete Section 8 ❑PROBATE/WILL ASSIGNMENT/DIVORCE DECREE ❑ GOVERNMENT Complete Section 10 Complete Sections 2,3,4,9,13,15,17(fee not required) 0 TRUST Complete Section 6 0 GOVERNMENT Complete Sections 2,3,4,10,13,15,16,17 0 OTHER Explain SECTION 3 Type of license and fees: LICENSE#: 06070610 1. Type of License: Series 06 2.Total fees attached: $ 2 9 2 .0 0 APPLICATI...„ .ON FEE AND INTERIM PERMIT FEES (IF APPLICABLE)ARE NOT REFUNDLE. N A service fee of$25.00 will be charged for all dishonored checks(A.R.S.44.6852) SECTION 4 Applicant:(All applicants must complete this section) t" C, 1. Applicant/Agent's Name:. N a t ions R and y D. =c -• (Insert one name ONLY to appear on license) Last First Middle a, 4.0 2. Corp./Partnership/L.L.C.: Fire Rock Assets LLC (Exactly as it appears on Articles of Inc.or Articles of Org.) 3. Business Name: Fire Rock Country Club (Exactly as it appears on the exterior of premises) 4. Business Address: 16000 Fire Rock Country Club Dr.Fountain Hills Maricopa 85269 (Do not use PO Box Number) City COUNTY Zip 5. Business Phone:( 4 8 0) 8 3 6—4 9 8 9 Residence Phone: (4 8 0 ) 813—13 6 4 6. Is the business located within the incorporated limits of the above city or town? !DYES ONO 7. Mailing Address: 15925 E . Shea Blvd . Fountain Hills Az. 85269 City State Zip 8. Enter the amount paid for a 06,07,or 09 license: $ 58 , 500 . 00 (Price of License ONLY) ) DEPARTMENT USE ONLY Accepted by: Date: I ( t C� � � I Lic.# 6 l t' Fees: /N (tlit 7 $ 8&1 Application Interim Permit Agent Change Club F.Prints TOTAL (Iiirr PROCESSING APPLICATIONS TAKES APPROXIMATELY 90 DAYS,AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WAITING PERIOD. You ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING,ETC.,BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. LIC 0100 05/1999 *Disabled individuals requiring special accommodation,please call the Department. SECTION 7 Corporation/Limited Liability Co.: , EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FES FOR EACH CARD. ❑ CORPORATION Complete questions 1,2,3,5,6, 7,8. ,L.L.C. Complete questions 1,2,4,5,6, 7 and attach copy of Articles of Org.and Operation Agreement. 1. Name of Corporation/L.L.C.: t l it-cck 0 ss (Exactly as it appears on Articles of Inc.or Articles of Org.) 2. Date Incorporated/Organized: I a - i -(4`1 State where Incorporated/Organized: 3. AZ Corporation Commission File No.: Date authorized to do business in AZ: 4. AZ L.L.C.File No: j_ O2610(4 3-5 Date authorized to do business in AZ: I 0 (3-'R 5. Is Corp./L.L.C.non-profit? 0 YES kiNO If yes,give IRS tax exempt number: 6. List all directors/officers in Corporation/L.L.C.: Last 1J First Middle Title Residence Address City State Zip l(e. Rc CMG LL.l_., n l ✓'M 1 5q 2 S . 5 ll e Gz l3l trek EZa.n (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders or controlling members owning 10%or more: First Middle %Owned Residence Address City State Zip ll % I►'L.KGC 1L li-C 1 l'X� Sarn c a S cjoc v-e- % 5Pp 1 f- -Ckt-t % % (ATTACH ADDITIONAL SHEET IF NECESSARY) 8. If the corporation/L.L.C.is owned by another entity,attach an ownership,and director/officer/members disclosure for the parent entity. Attach additional sheets as necessary in order to disclose real people. SECTION 8 Club Applicants: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT' TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. 1. Name of Club: Date Chartered: (Exactly as it appears on Club Charter) (Attach a copy of Club Charter) 2. Is club non-profit? ❑YES ❑NO If yes,give IRS tax exempt number: 3. List officer and directors: Last First Middle Title Residence Address City State Zip (ATTACH ADDITIONAL SHEET IF NECESSARY) 3 , FireRock LLC Executive Committee Last First Middle Title Residence Address City State Zip Bielli Gregory S. Member 13309 N. 101 Place, Scottsdale,AZ 85260 f Flynn James G. Member 10409 N. Indian Wells,Fountain Hills,AZ 85268 Lickman Henry (Hank) Member 15804 E. Sunburst,Fountain Hills,AZ 85268 Croteau Richard L. Member 806 Brazos Drive, Southlake,TX 76092 Frame David L. Member 330 Chickering Lake Court,Roswell, GA 30075 / Vaughn Patrick S. Member 1040 N. Tabor Drive, Castlerock, CO 80104 y. ..P L. 4.0 .ip L. QARealpass\LKBU389mis9.vr3.wpd SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE. 1.1f Tent Business Name and Address: R ad t S S W k I at 4W %woody as it appears on license) I LV. Ctc-veAriclofv. Ake, Ph t( `- J O 13 2. New Business Name and Address: `t"il--e- (OCV. 0ott ifrt1 01 e-i. (Do not use PO Box Number) 1 t ne.)c) ' 'r Rod i 00- it f-f 0,4119 Or. Eu.- -41,I1 's2 ? 3. License Type: 0(z License Number: 0(DO-7 DLO 10 Last Renewal Date: 1 "3/. 2C00 4. What date do you plan to move? l► I (I I What date do you plan to open? UtOtilri C.p pr1 tole I SECTION 13 Questions for all in-state applicants: f c ,,+ 1. Distance to nearest schootA)._31.5 ft. Name/Address of school: E7 Ti A/1(2A?,1�//2X i. /g/-I NCO (regardless of distance).5rr». Z_&eo E PAL 15AbES LV� 2. Distance to nearest church:j ,,5 & ft. Name/Address of church: 6daiee'ki 1 r 77 L A('F1VSlOK/ (regardless of distance) rr-)i. /;/ /5 kJ- 1=Orjr,4ii1/44 141n.C5 £1.t 3. ?lin the: 0 LESSEE D SUBLESSEE EP,OWNER 0 PURCHASER(of premises) 4the premises is leased give lessors name and address: N JA 4a. Monthly rental/lease rate$ KL/A . What is the remaining length of the lease? / 1/ A yrs. mos. 4b. What is the penalty if the lease is not fulfilled? $ N4/A or other (give details-attach additional sheet if necessary) 5. What is the total business indebtedness of the applicant for this license/location excluding lease? $ //AOC) 0/9l) AS OF/0-31.41 Does any one creditor represent more than 10%of that sum? IA YES 0 NO If yes,list below. Total must equal 100%. Last First Middle %Owed Residence Address City State Zip 5007n-I o/ cr 7 41J i< OF T l(i&5 1)'D A ii./ () P Cr QM P d1`J RW.S1AI ( 7742 j (ATTACH ADDITIONAL SHEET IF NECESSARY) 6. What type of business will this license be used for?(BE SPECIFIC) COD V' C LJ/L)JJ F GOLFateSt- 7. Has a license,or a transfer license for the premises on this application been denied by the state within the past one(1)year? 0 YES NO If yes,attach explanation. 8 -)es any spirituous liquor manufacturer,wholesaler,or employee,have any interest in your business? DYES 10NO 9 the premises currently licensed with a liquor license? ❑YES VI NO If yes,give license number and licensee's name: # (Exactly as it appears on license) 5 SECTION 14 Restaurant, or Hotel-Motel Applicants: 1. Is there a valid restaurant or hotel-motel license at the proposed location? ❑YES 0 NO If yes,give licensee's name: and license#: Last First Middle 2. If the answer to Question 1 is YES,you may qualify for an Interim Permit to operate while your application is pending;consult A.R.S.Section 4-203.01;and complete Section 5 of this application. 3. All restaurant applicants must complete a Restaurant Operation Plan(Form LIC0114)provided by the Department of liquor. 4. Do you understand that 40% of your annual gross revenue must be from food sales? 0 YES ❑NO SECTION 15 Diagram of Premises: (Blueprints not accepted, diagram must be on this form) 1. Check ALL boxes that apply to your licensed premises: '®,Entrances/Exits fa Liquor storage areas O Drive-in windows 0-Patio enclosures O Service windows 6 Under construction:estimated completion date 'C:t.112 2000 2. Restaurants and Hotel/Motel applicants must explicitly depict kitchen equipment and dining facilities. 3. The diagram below is the only area where spirituous liquor is to be sold,served,consumed,dispensed,possessed,or stored. Give the square footage or outside dimensions of the licensed premises. ,' t�-�.�..w" DO NOT INCLUDE PARKING LOTS,LIVING QUARTERS,ETC. ,,-Dee, f.1.TTtct,ke L YOU MU ST NOTIFY THE DEPARTMENT OF LIQUOR OF ANY CHANGES OF BOUNDARIES, ENTRANCES, EXITS, OR SERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM. 6 4 , , . , . . . , .. .. ._ p .p , „: p ., p___--p, f! . :-----__ 4,:k --,, . ...,,, : • . r • , •• ' 7 y �� i / ^r J \tea \\ '' i ,,,1. 11 I /-.� \ I 'r.. \ \ /> °"w ' y 1Up„ , i i i . .1` `mow .'/ \\\; �`� !Ai ' ,./r' n\� f Fp 4 y:I�!.I , \1* = 1 /I 7. '„b�r.,\ '` "' .\ Spp :,�Pj J, _ � , �� : \\ �r't ,P I \� _ I/ \l.; rC[(,'yQ�gNi 'Y �, • ( � / i t j �.,.T l ., `.-.--- ' �°"0 Al-\, I ' ' ,e,f--1 -4, , .Q.r• .��+'` J •, ,�...�_'�'CI.-'/.- � .'-`. , '-. rr , • '" r!✓ \Ib, .� . ''"' lit':°- -ya-.+ , \` I. • °- r "R / of r .,, . tog � v 1.ENERAL-NOTE3. ti -i OFIRST�FLOOR PLRN L (MO . ' . ,,"..' ..,';,..-."r. ; .'r ...'''..-':.,;rr'.:2-.r ': ..,-:-:.-.:.''`.....'-,',.<1 'Iii,' '''(---)..-...::- '',•-:-'1...-11,_.),,;) ' ', ' '',.'. ,-....9.(-.C'z'-'4::‘ 17:- ..,„. . �L. Cal -� ' o ' \. .. \ \NI _, '.- ,g '' ` / - ° 7,, \--, ,\�;•. ',°n o'D' r•.- ® \l 1. TSB. �� a & ., �;,ab Atk `\ if °,---, .-,...0..,-% >/' ,� ram' o, • `--"i ; \ % / � ice' , 'V'! '� I -C 2 © { O '- /1'�� \'`tom ' . 1 , -: ,, .., -,........-. .. \.,. , . ....„ ,. ,,. .;,.-.=- ..,iii.,-.-:,,,,—.-\ ,.., ... . ...:..,... .: .., -,_.-,!-,-..-,,,,. , . _,— ..,--- , i ,—,,...,...,. ---..;--i ,., • . . . . 1-- • •, yam, ;:�. \ % \ / / ;{,� A OBEGOND FLOOR PLAN 1 • • Le ____.____ 4,_..,..... .. .... .,. §.46; • . . . 1. Is there a valid restaurant or hotel-motel license at the proposed t YES Q NO .If yew give licensee's name: Lsst Fuss — and license#: -- -. I+Ld�e 2. If the answer to Question ' ,you may qualify for an Interim Permit to operate while your application is pending;consult A.R.S.Section 4- .and can:pieta Section 5 of this application. 3. All res applicants roust complete a Resmurant Operation Plan(Form LIC0114)provided by the Deparunenr of Liquor. 4u/derstand that 40% of your U ECTION 15 Diagram of Premises: (Blueprints not accepted, d}� , Ingram must be on this form) I. Cheek ALL boxes that apply to yotrt licensed prEn t ses: Entrances/Exits Liquor storage areas Drive-in windows Patio enclosures Service windows Under construction:estimated completion date slilyRvt� X� _ C71- gtces' 1. 2. Restaurants and Rotel/Motel applicxus must explicitly depict kitchen equipment and dining facilities. t� i etc; -- iC-a Ca..2�t 3. The dia�m►ra a row is the only area where spirituous liquor ism be sold served.consul d,dla •'� 4 pfl , or stared. Q Give the sq cage or outside d mans of the licensed premiers .e r N DO NOT INC..UDE PARKBVG WrTS,LNING QUARTERS,ETCH� r rS-!' Fivor _ (.�J CJ y. A -1169 - r nr vvo ,7,....1 oil, ........ mr; sAckck ec,,_ #040 k—--. s, 1....1,,c;or 1....0.Avv.„. d (R.,11. Fkaw) ifi..3 .1.4,1 76.....-._, c_.,,. (a. 0- L • , • as, 7 55set S� 0-411\ Ern Fla')C ` rn;s -ct 13j96S sc��t• - r - i t";"-t. - 3,4 s� . ' LnacIS I ce t4ct E 6 at_c Ccs .4. tJpw le a 6 A1MUS7 NOTIFY THE DEPARTMENT OF U 5 au ) `~1 `JTRANC>rS, EXITS OR QUOR OF ANY CHANGES OF BOUNDARIES, ERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM. ••• .,..:-. -. T. 1.. i.•2 7.•-:-Ii.,:...fki ' • j u i,.•-• qt7.-:-., , • • il! • .; • 41"7"-..../k11-') " s iil• iffidi a iv au ri ., .•.. ;,,, .; ..:. - __.....• • . r.••:" 9 • • ...AAA-- tz.........,,--... :I• 6.,, s ,....a..•-, • .i. 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' • '-• -'."....:_.,,•9":•'•±:f. •17:-;--•:,••:.•••••:.;-..-t;;-:./, .sr , 11111 . •-:-. ..:1.%':7.ft's,1-.1.. : ; \ ...e.. . it et Ti- . --•—• , -•:•••-i...7%.c.:• ::::;..;;: - ., -..,.....-.i• iih P:bj •.:!.,: •-...0••• i,,,,r ""•ty:Jri ' 1,._•.-4- •, ---..4.7.:•••••`•:)-,,,-;•;: :-.-1"....•7 • :IP.-* . • •"..? -.,•••./••/'-,C.ti.:.•;;-:. • '''.: ', s 0 •4•;•....•.::•1-•:•-k .1,:,;;,..•,,4:.., . .:.‘..: 'i:'-'7,..f;4.Ii...$3.4;;..,-;;;..1., •i .•i L i. ''••:.' ••-51•1<•..i.' . ,......, e- .• .ra-i n >,. 7 .....1, . .!:,-..„..:.;.... ......x,.,....;?. - --, • ,•,-,*. , . - i., ... ' .. ..::.j.-fi:-'--..":•.iiris‘i • •. 1 .. .. • . • SECTION 16 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. Cbelow the exact names of all churches,schools,and spirituous liquor outlets within a one half mile radius of your proposed location. 1. Nb NE `"' 2. Ni' 3. 4. 5. 6. 7. 8. ler 9. CAD 10. (.K 11. 0_0 Nil" 12. 13. 14. (100f.. ACH ADDITIONAL SHEET IF NECESSARY) A=Your business name and identify cross streets. SECTION 17 Signature Block: I, Randy D. Nations ,declare that: 1)I am the APPLICANT(Agent/Club Member/Partner),making this (Print name of APPLICANT/AGENT listed in Section 4 Question 1) application;2)I have read the application and the contents and all statements are true,correct and complete;3)that this application is not being made to defraud or injure any creditor,taxing authority,regulatory authority,or transferor,4)that no other person,firm,or corporation,except as indicated, has an interest in the spirituous liquor license for which these statements are made; and 5) that none of the owners, partners, members,offi cers,directors or stockholders listed have been convicted of a felony in past five(5)years. State of County of AZIA-4-1' X _ The fore g instrument w acknowledged before me this •is ;1= Notary Public st21e of Arizena day of , / �ii) • MARICOPA COUNTY Day M Year "Iv My Gotta.EXPkes A140.30.2002 Mycommission expires on: a4 P (Signature of TARP PUBLIC) c 7 EixtsLV1rA vrirAtt.11V1i,1N1 Ur LIQUUR LICENSES & CONTROL 800 W Washington 5th Floor � = '� .�c� 400 W Congress #150 Phoenix AZ 85007-2934 .ti„ •�" Tucson AZ 85701-1352 (602) 5 42- 4 51 1 ii (520) 628-6595 L QUESTIONNAIRE READ CAREFULLY,THIS INSTRUMENT IS A SWORN DOCUMENT An extensive investigation of your background will be conducted. False or incomplete answers could result in criminal prosecution and the denial or subsea ient revocation of a license or permit. TO BE COMPLETED BY EACH OWNER AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN"APPLICANT"TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE There is a$24.00 processing fee for each fingerprint card submitted. A service fee of S25.00 will be charged for all dishonored checks(A.R.S.44.6852) TYPE OR PRINT WITH BLACK INK 1. Check appropriate ❑ Owner,Agent,Partner,Stockholder,Member or Officer [Yil Manager(Only) box (Complete Questions 1-16&20) (Complete All Questions except#10,l0a&21) Licensee or Agent must complete#21 for Manager i Licensee or Agent must complete#21 la. Name: Cst.lt'Ack\tO EN-� �O Dark of Birth: 9"vRe- Last Fire re1 5 2. Name of Licensed Premises: I i E /eOC..k a v bJ-re' C(.-U A _ Premises Phone:( 'in ) $1(0 - y 91 9 DD ,cwin-riu.sc42 3. Licensed Premises Address:Ito coo 4.7aexrCA2r cc Clavnfrr- GI113 l)2. S?.4 9 Liquor��,, Lice #49 4G 74369 i a Street Address (Do not use PO Box#) City County Zip (R this lc. on is clicensed) �4, Drivers License it ° l 4 4-)el 6�? iiate R 3 -residence Phone: (4,9 ) 1,. 7 ifci ,-- „t-ieight: ..7 /Q Weight: 3\_ 0 ,_Eyes: / ?r/'Thir L '7 Place of Birth: ( Y7 dVI City 5. Name of Spouse: /V�1/ Date of Birth: g/ Nast Fist Middle Maiden •ta.20 r_ ,,_ 6. You are a bona fide resident of what state? /Yr/ '7,CI'Z? If Arizona,dare of residency: 7. If you have been a resident less than three(3)months,submit a copy of driver's license or voter registration card. tan 8. Indicate your employment or type of business during the past five(5)years,if unemployed part of the time.so state. List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (Give street address,city,state&zip) CURRENT yrr}Ilt cc� / /ai'ock-krzccp, cccta cci cC ,� //? 9/7 (ou p7 -e 0640 6�2 ,yt- ctcac i �,;l�.� _ / 6 c,1d rc I(c' G' //9(74 / y D(� �r Y) (ATTACH ADDITIONAL SHEET IF NECESSAR ,l. `9.Indicate your residence address for the last five(5)years: FROM TO RESIDENCE Month/Year Mmrh/Year r Street Address City StStateZap g.5 iVI�, (cuf .r c_ J St , h 2 CURRENT 6,•fb�t r : 3 _ )',l4rkt - 3.3 //ciy /R191 ."2 -7 145Tci Dr: f' (se .. . uc 0101 05n999 Disabled individuals requiring special accommodations please call(602)542-9051 44IC:ER�?cK (re • Monday 10/25/99 To whom it may concern: In response to question number 16 on the questionnaire,I was listed as the Manager on the liquor license for the following business in Arizona: Red Mountain Ranch Country Club 6425 East Teton Mesa,AZ 85215 (480)981-6501 I was the General Manager of RMRCC from 1/97 until 9/99. I accepted the position of General Manager at FireRock Country Club in 9/99. Sinc , i y J. arin 44 y les � P .-a n , 15925 East Shea Boulevard Post Office Box 19840 Fountain Hills,Arizona 85269 Phone (480) 836-0112 Fax (480) 836-0938 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL .0,1444 800 W Washington 5th Floor «� 1,," 400 W Congress #150 P ,, ►.�� Tucson AZ 85701 Phoenix AZ 85007 ,, �1: ^e' (602) 542-5141v • (520) 628-6595 44110.0w440,Nre:POorPor'.'E "+ m � „ 4 • m m pq���.. ,�/.yam , :. t. :"f'�/.,/.' i:>� .. . :•r L•%.ho. '::i!:%:.o r`Y.:hR'/..;... :.•t'gt.t V:a1.: OBTAIN ORIGINALS OF THIS FORM FROM DLLC-DO NOT PHOTOCOPY,DOCUMENT IS COMPUTER SCANNED. TYPE OR PRINT WITH BLACK INK. y.g;u+�:a;.v,., :,W,:;.:<;•.•:. �.�,'..�.��.�i,�'.�;.':�:.'.'.^�',�,:x.,,:ii:}::y::.:r..: ..F0,,. 0 �..:k.uu.......y;;::::.a R...h.0#4 : . ��6/ /4,t .a VI - Individual Name(Print) Individual Signature / TYPE OF TRAINING COMPLETED p..,o 0 BASIC ,1 ON SALE Date Training Completed ❑ MANAGEMENT ❑ OFF SALE BOTH 'RCA. T\A-C7CA_VrtrAs.k1/1 9\0y1Clit 4 I atk\C$ If employed by a licensee,Name of the Licensee by whom the individua is employed. Oa ,x g A t r Arizona Alcohol Education Consultants Company or Individual Name tJS 1212 W.Morelos Address Chandler AZ 85224 602-440-9623 City State Lip Phone I Certify the above named individual has successfully completed the specified program(s). Lauren K.Merrett M.Ed. Trainer Name(Print) Xia-of er Signature ate Trainer give original of completed form to trainee, photocopy and maintain completed document for your records. Mandatory Liquor Law Training for all new applications submitted after Nov.1,1997. A.R.S.Section 4-112(G)(2). Completion of the Liquor License Training Courses is required at the issuance of a license. The person(s)required to attend both the Basic Liquor Law and Management Training,(either on-sale or off-sale),wiN include all of the following: owner(s),licensee/agent or manager(s)WHO ARE ACTIVELY INVOLVED IN THE DAY TO DAY OPERATION OF THE BUSINESS. f of attendance within the last five years for the required courses must be submitted to the Department before the license application Is considered lete. ore acceptance of a Manager's Questionnaire and/or Agent Change for an existing license,proof of attendance for the Basic Liquor Law and Management Training(either on-sale or off-sale)will he required. LIC 1021 01/98 Disabled individuals requiring special accommodations please call(602)542-9051 ,.....r--vo-i»> .r•tic rRvrr r cRRnDRVVN IV t.V I V('dUU r.lowkaD ARIZONA DEPARTMENT OF LIQUOR LICENSES& CONTROL • 1,,,,.r, "ram'' 400 W Con ss#150 800 W Washington 5th Floor II LI::',,��- Tucson AZ 85701-1352 Phoenix AZ 85007-2934 \: (602)542-5141 �l104 (520)628-6595 ODUUSTIONNAIRE AD CAREFULLY, INSTRUMENT IS A SWORN DO CENEYr An extetnive invdt*ion of your background will be conducted. Palse or inoompide answers could resole hi priming pra�oo the denial or went revocation of a lice or oermft. 10 HE OWNER.LETED BY EA& AGENT; Mori OR MOAN 1.40B4 CR OFFICER OR MAN.VAX ALSO DM PAWN COAtr.srl wt THE FORM mow SUUMt1 AN`Apec.raNr"TYPE MCMURT YYCARD MUCH MAY BR ORTAIILPD AT TIRE DRPT. FINGERPRINTING MIST BE DONE BT Amu.ra7EIAwEM 1$CT AGENCY.ISEDElA TManDO S bertreuvmEms SERV= There IsaB24.40..11rauseint Mee fbr endkfiegegledli card man& Awn4efasin alwi16e hr#N allielnree ender(A.ILL MAUI . TYPE OR PRINT WITH Bugg INK 1. Check appcvp►fists 00 Owner,Agent.Partner,Staddsolder,Member or Order 0 Mas sr(Oaty) box (Complete Qoesdons 1.16&20) (CotapIete All Questions=opt#*10a&21) Llama or Agent mutt complete d 21 for Manager Licensee or Agent mead eoaptde#21 la_ Name; V 0U614t0 r'A'T"Tt1 CV, "1-,e'PW EP Daft of Birth: t'o I 1 Lan Fins NM 2. Name of L]oease d Premiers Et (r��E ( OUC a u nt+i9 Calm Ronne's Phone:( `H O) V C co—:: 119 i ci • rt-ou prryNsts mac, A Z 3.Licensed Premises Address Ikg 0 OD G„i Al rtt y r- ) �c ZI 0 c ��rlltor Licen a e- 1-6r SonsAdsas mists®PDsacM QgCam ?Sp Min loeaioannese q►Gcomer . a Drina License tr. C1 A- 39 - 55 start Mae(3°3 j C. 8 yci _ N ' 8x c's 4 wet& 4 4,0 Eyes 13Ia.xt HairbLsaAc. Place of Rink _ '1°t.I-so., r x A 5. MEW of Spanse: V U A R ety Gt.vJ tiit A �a2.L, CaLWE —I-I .AN J Dane of Blab: -�/‘/ c7 Les FT= Cache MMus 6. You are a bona fide midair of what sraee? CO l 13 If Arizona.daas of zesidney. �1 P3 7. If you have been a nesi dent Jess than three(3)mouths,Saimaa copy of driver's license a voter n gistraoott card. 8. 1ndicaie your employment a type of business dud= dt five(S) f parr of thrtime.so state. Liu most max tat FROM 70 DESCRIBE P0SMON EMPLOYERS NAME OR PIAME Or BUSINESS ManilYQr Moab/Yew OR BCS (Cnwran ones.pint cane&en) CURRIDif 3 iq7 ?atavPrtN L.�V3eftz4 1"\gra+rv""c,.T�`1 t.A--C . / s-7 Nri }� 7+Loc5 E 4e.AF 4o€ EN6LETAOd D GO ' 8ott1 tATrACH ADDL17oNAL Mil1HE'3F NF.LF-SSHRYI 1 9. In�cale Ave mono address for the last five(S1 _ sumq 10 RESIDENCE IMdddYes Anal= SeonAnkaa Car Sine ED elict(O =ma' ‘,ri0 Ni .1ACaart.. D2tvc� C•Rs'R. -- Q:3 C-I1 Co solo`! ^4t8`t `1 /q6. 13 CAN3Rut,_ 5Ta. 1 • r1 tr It Lricazni omen Disbied in r idaale eetien eg sly accosunancleanna plasm call(edal 9051 3c 1 k '3`Nv€tZuc3 S t.+u*e`/ -S —)-tl sty 1l.S TOTAL P.05 E+JG t_LL O / C' a A 112_ 1-V0-1777 1(•.1.1 r mull I C.IV[1-1131-CUUN s IU Loloraao akteit tweed the_PdMr box on the neat ot duo irirm nivro•1 I __________ 10. As an(Moor.Agent.Pam=Stockholder.M sonter .or .will you be physically view,and°penning LTYES14.NOw. the licensed prems?if you answered YES.how many Insiday?.._, 4/11bidat. If NO.skip to#11. loa.gays you mended a ppm=approved Liquor Law Tu‘ing Course within the last 5 yes& (Mast ptuvide proof) El YES ONO V the answer to It 10a is 44Cr.cause must be completed before kolionee of a Dow ken e or OPPIsool on on oxisdog deem lissmia . -.4•••• LeHave yOU EWA been dening6_eited,urnIgai brdiaid fir agoomoodinro wan for violation of 6,g&law or El Yla SOO Oldirmome(napless or dm disposition even if dismissed or esPerslied)? Foe waffle ohtioeio Moe Ma wary airokoloydfor dyne Wait , 12.Have you EYRbeeiz.WdallniftflOdborol-boargiored w droOdald-k—fteRatil ta*---1---M•ire 13 YES)1010 aglogtaigeeed ialkigilMo rylurtle or vioistbxt ofX law or ordinance(reprdles of the disposition even if dismissed or e:tpungedr For auflVe jji offie thole rher vier(okoholeifig 13.Ate theca An adinioisnadve law citations,compliaace auk=Or COMM enteral=OM incrialoens or DYES)440 summons= DING against you orisn entity in which you are now braved? 14.Have you or ray sudsy in winch you have held ovionalip.Main OffiCar,Illerninle•director or tosuager ant CI YES XNO had a businem professional or war hiffirrigii(49R LICENSE rein*dialed revolimA saomaied or aged inlitiS or msy odor awe? 15.Has mow gym filed:ma or,~altilkingitt saatitrwe In acia action.the subject of vault CI vas*km broavedftaterietormusgioutMimaasernigad-orfiguor&ware 16.Are you blar_or have you MB held ownmship,been an officer,molter,direcoror manager on ow other DYES.9010 §SWENCORN in this or soty other stoo? l'.1.7umll'armtyl".answtia tO entiti011n.1 irSt9Ugh 16 is "MI"M._ _."111...AITIST attach a tiffs-4-Tigingentgiving i aggEkaULL220- affiNglijitvoived and ozOons. ("7' . - ,,m.,..mmoi.....— !fro dredurg the Miniger him oa doe bon of this ism,01 hi 017-19 mud 20,dl Won eldp do fienswine hos(17-19)mod In*040 P ........, ,,,,—.........• - . HTr—t------tve you wended a Department approwd Liquor Law T-.-.:, • - "- . ,•,- 1 .. — .. 0 1 -, •, • .7, •-•• irs •-,= LI a Ir the=ewer to.11 WNW OM=IOUS ,- -, • - , :1-1-/.8 IL 1,'; A .6 au new license MalPROVAL on an mdstig ice* L:g. Do you usits . ,,.._ :. ,. ., —. __?0 YES 0 NO 'ryes",how Touch?$4..„,_per month. To to tal debt 11Celliee S.- 0'YES 0 NO if"yes",aavei a copy al=chasms= ... ,_•................~ .----. 20. I. -P45--rn 04 ..gTeriA afro,v N-0,61.44,) .hereby declare that I am the APpucANT filing this CinntiOnortile. (Me=umeoriolikse) I haw tead this quesientedre and-the tears and all statements are true.correct and compfere. '\ ii ggige of.L.4ci ,z 4,•-..;• Courly of j‘va.„.c; 1_;' / _______ - . _ The foregoing instrumentwat hOiroOorledged V- ,Uke this (room eApkegis) ..... ay/12 Cift -(. _ 10 C .,0.0....„,„ by duos Mod* TIE _fr. ‘ . iat ,., ,v,, ,_2,IL;,.. ,,,,cc.C‘ .-1,e,i ,- ., .--- 4-44-Z.._, ;(0„eciTAitp% ti. allieek ?Amu 'I= (Sum=,EIF PAY MILE) i ..'FILL IN'AA ____' G A MANAGER APPLICATION , : SE 4 •N ONLY ll?YOU ARE A LICENSEE OR AGENT APPROVING # —t $ i • 1 ,# Mama or Animal of MAIM i I, • i • :0 5 it 4 Ts j - 's Nies): - t 1' ••.4, /Addle -- 1. • e "' —-,4‘;_ .:.:;:o .'':itppliCali to aet as meager for the tatotd liquor license. - State of. County of__ Tbe foregoing inunzont was sclenowledged belts ma this ___________________ darot Cirasseari.CMOWAGEM Menai IWO Taw kiLawly COSImiss' ima expires on: ---... - -- DewarMoigli Mesh Yes_ faxes=antOTAItY?MO— . �_, .... --.-•. ..... .-..- ... .... ... __ 'YJ VVL ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 4, "-y- 400 W Con61-1352 #150 800 tin Washington 5th Floor A '. • � Tucson AZ i. ,,,,, Phoenix AZ 85007-2934 �• ' .=z.. 520 628-65 5 (602) 542-5141 �en ( 9 7ms STIONNAIRE READ CAREFULLY, INSTRUMENT IS A SWORN DOCUMENT An extensive investigation of your background will be conducted. False or incomplete answers could result in criminalprosecution and the denial or subsequent revocation of a license or permit TO BE COMPLETED BY EACH OWNER. AGENT PARTNER. STOCKHOLDER (10% OR MORE). MEMBER. OFFICER OR MANAGER ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN-APPLICANT-TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT TIM DEFT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY. THE DEPARTMENT DOES Sal PROSE THIS SERVICE ere is a 524.00 processing fee for each fingpurint card submitted. A service fee or MOO mil be emerged far all dishonored derides(A.RS 44.61521 TYPE OR PRINT WITH BLACK INK Check appropriate [y Owner,Agent.Farmer,Stockholder,Member or Officer 0 Mauager(Only) box (Complete Questions 1-16&20) (Complete All Questions except#10,10a&21) Licensee or Agent must complete#21 for Manager, Licensee or Agent must rnplete 21 a. Name: rR i�'! �,4 Y i — /.--o root w e.. I Dace of Barth: 0�3 Lass Fuse Middle 0 "0 ..T. Name of Licensed Premises: �leock ( Qurlfr2'Y C L I.I R Premises Phone:(4'3 b) ?7 4 (-ur �s 3. Licensed Premises Address:/(50°0 -gEeaG u/UTJCY CLOG{ i _ A•2- ,Slag Iigtior License# i ) Snete.A�esa (Do=urePO Bea*) C4y�y rip (Weds lonis wsseadyBosoeed) a� 0 rives License# ' f� 0 3 7 Stste Residence Phone:(Z 1 O) 9 9 $ - (a 3() c �.-i//i eight 19,( /3Z, ✓ / ' - : I 16J�i A- Eyes: Hair Place of Birth_ �/7 i'! /% �L� LIl'/t/ " �,�/�/O Da a of Birth: �/ 4/ - '>. Name of Spouse: 11 / Lem rim Mrkile Maiden You are a bona fide resident of what state? E'0 ✓'.5I °-- If Arizona.date of residency. _ If you have been a resident less than three(3)months.submit a copy of driver's license or voter registration card_ LIIndicate Your employment or type of business during the past five(5)Xears.if unemployed part of the time_so state. List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Mpsh/Ycar Marsh/Year OR BUSINESS — (Give serves nicks&dry.sum&rip) 10/ ti 7 cualuirr 1 *{-- ,t..}- ,�'v c&. i lcj vvJ,) �,.j_ ��Y V<' L,7t"vE' C3 C.1/.Yl F,lam\ (�.�J .. ! `it_^''->c L Ii T c-t-,c .�.1 , I-)„A l)$4.35) !)( r7C:32. 4 /17/1/ 1 Ph 2 _ /1 r f /PO& 47, 1-3,e 4 40/1/ /71. S - A / (ATTACH ADDITIONAL SHEET IF NECESSARY) 1 ). Indicate your residence address for the last five(5)years: _ FROM TO RESIDENCE Mash/Year MosstiThirSr =Address City _ Sraae Tip 3/g( _ CURRENT t' ,��_'•c 1 -ev;,r\c,_ ),._c�r,_ �',O; U -}- . c�S u3 ci\ G_°V-1 3c0'75 J , , rC' Cry . �h�C LI - t,5 .5 e 1( 2 4 &.,.0`?5 411-441 /9_7z77.4. I c otot os/1999 ro Disabled individuals requiring special accommodations please call(602)5424051 ------- __._ `e:I oval 'ou checked the Manager box on the Iron!or this rurm skio to o L 1 NO 1 . As an Owner.Agent.Partner.Stockholder,Member or Officer.will you be physically present and operating ID YES the licensed premises? If you answered YES.how many lin;day? ,.am�wer#IQa low. If NO.slap to#11. 'a.Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) 0 YES CO NO r the answer to 4*l0a is"NO".course must be completed before issuance of a new license or approval on an existing license. p`you EVER been detained cited arrested,indicted or su m�tined into court for violation of ANY law or ❑YES)(NO ordinance(regardless of the disposition even if dismissed or expunged)? Forfl is violations,include only hose that were alcohol and/or drug related. 'l. Have you EVER been convicted fined pled bond_been ordered to deposit hakinwriconed_had_senrence ❑YFS*NO pispended,placed on probation or parole for violation of ANY law or ordinance(regardless of the disposition even if dismissed or expunged)? For traffic violations.include onto those that wer,�oicohol and/or drugreloted 3. Are there ANY administrative law citations,compliance actions or consents,criminal arrests,indictments or 0 YES (NO summonses PENDING against you or an entity in which you are now involved? 4. Have or youentity in which you have held ownership,been an officer,member,director or manager EVER CI YES NO any had a business,professional or liquorAPPtJCATTON OR LENS reie ed denied revoked s ended or fyred in this or any other stare? 15. Has anyone EVER filed suit or obtained a iudernentaeainst you in a civil action,the subject of which ❑YES NO involved fraud or ntisrepresentation of a business,professional or liquor licence? f Are you NOW or have you OM held ownership.been an officer.member.director or manager on any other b Nq, liquor licence in this or any other stare? t-) f 16 is "YES" YO MUST attach a siened statement giving comalett det .. If any answer to Questions 11 through � 'lease_be sure to induct males. en ' s involved and drsvositio 0 f you checked the Manager box on the front of this form,f111 in#'17-19 and 20,all others skip the following box(17-19)and g6►> — - 1-11 :z "•on ` i you attended a Department approved Liquor Law T'- . - - lave - pmo NO if the answer to#17 is"NO"co , EFORE ISSUANCE of a new license OR APPROVAL on an evwfing license. 18. Do you censee? 0 YES 0 NO If' es",how much?5 per month. Total debt to licensee S 19 o mein tweet you and the licensee relating to the operation or 0 YES ❑NO If"yes",anach a copy of such agreement ,(6. I, %91/./j0P 1.. ' Ij 4 hereby declare that I am the APPLICANT filing this questionnaire. Mita full I have read this ••nn-' "tss me of !omen) _ • the contents and all statements are awe,correct and complete. State of ( ? 'c ' , c.L County of k c.,1 The foregoing instrument was acknowledged before me this s ..) / i /9,962 (s edAPPt�i Clay of ,,l° t 12 E' l' , 1 %% t.. McDo%%% r d Yew My cornrnission expires on:ic<V' >�'✓` 1 s Z >�d Maw Year ;V „,,,...„4"..,(Signanne of NOTARY PUBLIC lite APPROVING A MANAGER APPLICATION FILL IN 1HIIS SECTION ONLY IF YOU ARE -� A . msee; A-'i1;.' '. • .,2 ,, ' ' L• r 4. I °°®;ek4L6 COJ ', 0.P(�' . . °•44+N CO' 21. I, n[Licensee/AgenC's Name):.,--_Liz M➢dme Fus Hereby authorize the applicant to act as manager for the named liquor license. (Po' l State of County of The foregoing instrument was acknowledged before me this X day of . (Signeae aLCENSIFFJAGENT) Dowd Moir Moe Ye r My commission expires on: c , ,rrao7AUY r� Dayc( Mtooh _ Y� PU !—L -• ..,-. vv ia.vv .aaaa IiJGVIJf VG aA& Aa IN(a 11OO4 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor ~�� 400 W :j� Congress#150 Phoenix AZ 85007-2934 '���'"� �= Tucson AZ 85701-1352 (im,,. (602) 542-5141 -!'a ,s�` (520) 628-6595 QUESTIONNAIRE , READ CAREFULLY, INSTRUMENT IS A SWORN DOCUMEYr An extensive investigation of your background will be conducted. F'atse or incomplete an mess could malt in criminal prosecution and the denial or subsequent revocation of a license or permit,TO BE COMPLETED BY EACH OWNER AGENT. PART\ER. STOCKHOLDER (10% OR MORE). MEMBER. OFFICER OR.MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN"APPLICANT'TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEpr. HNGFRPAINffiNG Mllsr BE DONE BYA BONA FIDE LAW ENFORCEMENT AGENCY.THEDEPARTMENTDOES Int PROVIDE THIS SRVIIE. There is a 624.00 oroceurine fee for each&ngerprint card submitip A aax:iae fee otS11O0 wit be claimed tbradl diabomtnd dgdoo(AILS.i&hU2) TYPE OR PRINT WITH BLACK INK 1. Check appropriate Ori Owner,Agent.Partner,Stockholder,Member or Officer ET Manager(Only) box (Complete Questions 1-16&20) (Complete All Questions except#10,l0a&21) Licensee or Agent must complete#21 for Manager Licensee or Agent mast complete#21 111. Name: Croteau Richard Laurent 1/3/52 Lan F Addle of Birth: 2 Nand of licensed PTettkseS Firerock Country Club � siosone: 80 ) ,E3 i f9 ci 3. Licensed Premises Address: j 47 00(0 E 4 c;C eo V"I u (&(),� _L__ 8c Z 9quor mac--�—'--- saeetAadtes (Do ortoaPPO Boa#) (tFnttIoLract<se#'t tiv 4. Drivels License# 14719495 TX t*n Stang Residence Phone 8( .2 ) 3 2 9 _ 0 7 0k f -Hen 6 2" ...... L, . 200. Brown Black �� Eyes: ' Place ofBirtb: Providence, RIU r-- --v Some n 5. Nar"•of spouse: Croteau Kathleen Francis Cunningham 1City 2/3/5 Las F� Muddle Ms;� Dare of Birch can co 6. You are a bona fide resident of what state? Texas If Arizona.dare of residency: 7. If you have been a resident less than three(3)months,submit a copy of driver's license or voter registration card. 8. Indicate your employment or type of business during the oast five(5) ears,if unemployed parr of the time.so state. List most recent 1st.FROM TO DESCRIBE POSrITON EMPLOYER'S NAME OR NAME OF BUSINESS Mriif Year Mash/Year OR BUSINESS (Giro urea Jukt ear,city,sty&sip) 12/96 CURr Seas Vice tate President/ esterra Management,LLC 3030 LBJ Freewav,#1500, Dallas,TX 75234 10/78 12/96 Vice President/Real Estat Mobil Land Development Company Gallows Road, Fairfax. VA L (ATTACH ADDITIONAL SHEET IFNECESSARY) ,� 9. Tndirare v our residence address for the last five(5)years: FROM TO RESIDENCE Me.,1JYeta- Moab/Yea SausAddrcsis City I Sere mp 7/94 ctJRRDT 806 Brazos Dr. , Southlake, TX 76092 Southlake ITX 76092 (bw ' ucOrol 05/1999 Disabled individuals requiring special accommodations plea call(602)542.9051 eavvv if you c.Itecked the Manager box on the Cron or tins tor m sdp_to u 11 NO I^�. As an Owner.Agent.Farmer.Stockholder.Member or Officer.will you be physically present and operating the licensed premises? If you answered YES.how many hra/day? ' .answer.110a below. If NO.slip to#11. 10a.Have you attended a Department approved liquor Law Training Course within the last 5 years? (Must provide proof) ❑YES [X NO If the answer to#10a is"NO",course must be completed before issuance of a new license or approval on an existing license. 1 you EVER been detained cited,arrested:indicted pr summoned into court for violation of A ICY law or ❑YES 110 NO ordinance(regardless of the disposition even if dismissed or expunged)? For traffic violations,include onto those that were alcohol and/or drur retorted 12. Have you EVER been convicted.lined posted bond been ordered to deposit bail,imprisoned bad sentence 0 YES Xi NO tuspendedzulaced on probation_or prole for violation of ANY law or ordinance(regardless of the disposition even if dismissed or expunged)? For traffic violations,include only rhdwe that were atcahal and/or drug related 13. Are there ANY administrative law citations,compliance actions or consents,criminal arrests,inrt;ct*rwnts or ❑YES$NO tenses PENDING against you or ANY sty in which you are now involved? l4. Have you or any entity in which you have held ownership.been an officer,member,director or manager EVE Q YES kNO had a business,professional or liquor APPLICATION OR LICENSE reiected denied revoked susvended or ri in dais or any other state? 15. Has anyone ER riled suit or obtain 1I a iudement against wain a civil action,the subject of which 0 YES J NO involved fraud or misrepre entatk n of a businezip_turessioncd or liputor license? 16. Are you NOW or have you EVER held ownership.been an officer,member,director or manager on a ry other itt YES 0 NO gorier license in this or any other state? If any answer to Questions 11 through 16 is "YES" YOU MUST attach a signed statement giving complete details. I Pleqw be ar to include dates,agencies involved and dispositions. . If you checked the Manager boa on the front of this form,fill in#17-19 and 20,all others skip the following box(17-19,ud®i to 020 ___---_____ Manager Serf on -- Have you attended a Department approved Liquor Law Training Course wi . usrprovi ee proof) YES [ NO answer to#17 is"NO"course' usst be completed B CE of a new license OR_APPROVAL on an Ong Were 18. Do you make payments to the licensee' NO If"yes",how much?$ per month. Total debt CO lice1 a$ r:7 19. Is there a formal - you on or management of ❑YES Q NO If'yes",attach a copy of r 1.3 20. I. Richard L. CJ-o t eau ,hereby declare that I am the APPLICANT filing this questionnaire. (Prins full naaz of Applicant) I have read this questionnaire the contents and all statements are true.correct and complete. j� l cisr-".51. DONNA M.WILLIAI a 0t -rt. X L e 3 COiulry of L J�t 4� .5 f =:i i°' ate of Tale bregoing instrument was acknowledged before me this (spume c'App ) My Commission Expires 03-17, -1-\ n ➢ r_ C� I day of c., C. \,)' . i� �i diktats Mash Yaw My commission expires on: 7 H' t 7 ) A,1 7 J -260,.�2 � '.A._'� �� ) z\ .� a_ �-)t-: Day cf M Mush You- (Sigma=of NOTARY PUBLIC) FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPROVING A MANAGER APPLICATION Licensee or Agent Approval of Manager 21. I,(Print Licensee/Agent's Name): - - - Loa Middle Fast Hereby authorize the applicant to act as manager for the named liquor license. - State of County of illire The foregoing instrument was acknowledged before me this day of ._.. (Si$a=cfLI ENSEWAoENT) omit r ma moo Yar My commission expires on . 121ealf M h Plash Year_ (Sipe of NOTARY PUBLIC) EXHIBIT A L I have been Vice President of ArrowCreek Golf Holdings, L.L.C., a Delaware entity which holds a Nevada liquor license from February 1, 1999 to the present. The license was issued by the Washoe County Nevada Community Development Department pursuant to a state statute. Richard L. Croteau 0 Y,. r..1 TJ r r -v n L e\mwat\exhibit a-arrowcreek A1%1LJV1\rw Ll'J1 Al‘.11•11J11 J. 1_11' L1N V VI LiVL'111.)1J43 41.. Ul11 1I'UL ApolLthrf + y. 400 W Congress#150 800 W Washington 5th Floor � •�__ Phoenix AZ 85007-2934 � ' Tucson AZ 85701-1352 (602) 542-5141 4ny0 (520) 628-6595 QUESTIONNAIRE READ CAREFULLY,THIS INSTRUMENT IS A SWORN DOCUMENT An extensive investigation of your background will be conducted. False or incomplete answers could result in criminal prosecution and the denial or subsequent revocation of a license or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER STOCKHOLDER (10% OR MORE), MEMBER. OFFICER OR MANAGER ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN"APPLICANT'TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY. THE DEPARTMENT DOES NN.T PROVIDE THIS SERVICE There is a$24.00 processing fee for each fina_erprint card submitted. A service fee of$25.00 will be charged for all dishonored checks(A.RS.44.6852) TYPE OR PRINT WITH BLACK INK 1. Check appropriate Owner,Agent,Partner,Stockholder,Member or Officer ❑ Manager(Only) box (Complete Questions 1-16&20) (Complete All Questions except#10,l0a&21) Licensee or Agent must corn lete#21 for Manager Licensee or Agent must complete#21 la. Name: L/�'K ire , I/c, �{ 64,1A) Date of Birth: .4 J(o—T 3 Last First Middle 2. Name of Licensed Premises: >% <e ?/A 0411tiT.e°y Cc,UA Premises Phone:( q )S/iv - 9 Fovnl-nla F}st1•sl p . 3. Licensed Premises Address: /(p°°v Fr E /pp)C k (A11 4Y CC-U 3 DR• Szc.1 Liquor License# O6%()7()l<a!O Streett Address (Do um use PO Box#) City County rip (If this location is currently ently licensed) 4. Drivers License#: /✓ /3/0% / State � Residence Phone:( ) /3 7 - y3�e.3 Height:(0 3 1 Weight: . • Eyes: $. Hair. Place of Birth: i ek)&4)( 1' 014:- Cy • City State 5. Name of Spouse: Date of Birth: l W Last First Middle Maiden r-' 6. You are a bona tide resident of what state? /¢/'/2-41,1 A If Arizona.date of residency: J` .'ls' 5 o r- 7. If you have been a resident less than three(3)months,submit a copy of driver's license or voter registration card. 8. Indicate your employment or type of business during the past five(5) ears,if unemployed part of the time.so state. List Hist recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (Give street address,city,state&zip) CURRENT l/dvE "046-s/..DE.t1T .Glee) f0,eDPE•er/ESA ,,ii(. /J /la J13 FD!/N TA AO ///i-I S, ,i9 ISa L f (ATTACH ADDITIONAL SHEET IF NECESSARY) • 9. Indicate your residence address for the last five(5)years: FROM TO RESIDENCE Month/Year Month/Year Street Address City State Zip /- QC CURRENT /5'aoD`�E, S iA"3 r ON�. i zs f42- dal L LIC 0101 05/1999 Disabled individuals requiring special accommodations please call(602)542-9051 c O r'b J �, o fD C et 0• 0 a o `•) h tt n et ° CIV t; CD to moi eto c.") .-... E o 2 = A; ".1 :I' a C 0 a a t. 0 " cao o C7 '� o a) d . y o pt. A co o oT .,,,,, ? o ° �' O co to Costl -yy Fu CD o P. r* G �, c) T i., cam, Saocu Gd ra. CD cp Pa rD CD CD 0 CD o a 0 CD N hy G p 1 � av' o • CD cba `DN ° o O ,_ .cDC1 IiI o teG CA o c o , 5o coo O" ( � co -, v, co CD G r. o NCA o � cD w NON •a w a � � r . 7 O CD tri H !. j C � � • o Ot~ a � 6, N O Gn H a, O" '..33i' s. CD co a. O oY M tro CD co w • N ° G o .CM oN G CO co Ca hST v 'o E 0 . Z. Q po orC Qo 4 p a. 4 `� r"a cy co • w • o clo " .• n � �` L0 a . � ag � � oQ c s9 C �.2 - CD c .2 cr E. — N to CD C �. 0 cai o 15) G '-. v, o' a, o 0co < o wb �� 'nn IHI o0 `° `° °: I N a s a o o XI G a ° o v o co 0 (� CD `. "�' ' N fi'd vi coo '* .. G to '+ co 75 go ° a N a'- vi o 00. p 0 ts 0.< no 'rs co cn S o dCDAw1 5bcD oofD a. co fD 0 oa • . a ► � � co co a o 0 � b - cD o � o o P.! • ' OO co7ziGo v a o wMqy ti mnw� 0 cY a5 a. • o wa b � urn y y PD 0 0 0- � co G 5 O `o v 'ss . :n VI o e. � po Egg �v \r"' M w Pzil 5 y .+ o w. o 0 a ia.--.v•.a a - , ia.ia.++•i vi iliV Vi\Liv1J1\UliU %X <.Vi' 1 IVUJ..J 800 W Washington 5th Floor .., '� 400 W Congress#150 �, �:�: ! Tucson AZ 85701-1352 Phoenix AZ 85007-2934 (602) 542-5141 � (520) 628-6595 QUESTIONNAIRE READ CAREFULLY,THIS INSTRUMENT IS A SWORN DOCUMENT An extensive investigation of your background will be conducted. False or incomplete answers could result in criminal prosecution and the denial or subsequent revocation of a license or permit TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER. STOCKHOLDER (10% OR MORE), MEMBER OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN"APPLICANT'TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEFT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE There is a$24.00 processing fee for each fingerprint card submitted. A service fee of$25.00 will be charged for all dishonored checks(A.R.S.44.6852) TYPE OR PRINT WITH BLACK INK 1. Check appropriate Owner,Agent,Partner,Stockholder,Member or Officer ❑ Manager(Only) box (Complete Questions 1-16&20) (Complete All Questions except#10,10a&21) Licensee or Agent must complete#21 for Manager Licensee or Agent must complete#21 la. Name: ;/'� 2i-1-44e-s /g'-'+ei) Date of Birth: V/i-5/ Last First Middle 2. Name of Licensed Premises: T E /C oc.0 L t/Arrie.q CC. ' / Premises P one: ( Yd ) / 9S 9 7 i5(/N7 1-1 .3e Z— 4V Ylr' 3. Licensed Premises Address:/6'00 o � ammev C�'E 3 5 2.L, 9 Liquor License#0 x ! 4/) Street Address (Do nee use PO Box#) City County Tap (If this location is currently licWad) 4. Drivers License#: //162,i-f 471-3 State AL-2- Residence Phone:( ) 3 7-172 Height: I) f f Weight: !!S Eyes: I 'Y Hair. G'EY Place of Birth: City cc) State (1.1111K ane of Spouse: 14"2_,y ,r 41 4/J4- zeec c,w Date of Rirth: x// / z Last First Middle Maiden r 6. You are a bona fide resident of what state?_A.,2 r Ze 4/ If Arizona.date of residency: .1 a./7 7. If you have been a resident less than three(3)months,submit a copy of driver's license or voter registration card. 8. Indicate your employment or type of business during the past five(5) ears.if unemployed part of the time.so state. List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (Give street address.city,state&zip) CURRENT J /o 8.4 b' E- . f��'Z .ss- 7//9 Co-f5ci�� A,/: <" I 'off ie-rrE-s Ga✓�rT z t s A-z- /0/2S//2- b//3a1i L..�X.L`t YI L22- ea 4 s . tf erzo /-7,e,,,,r7.4,"; 17/LL3 /JZ. i (ATTACH ADDITIONAL SHEET IF NECESSARY) .�. 9. Indicate your residence address for the last five(5)years: FROM TO RESIDENCE Month/Year Month/Year Street Address �— City State Zip // 9fi CURRENT ir'O iU 1n1�.4'.1 hit L1.s �7 1`c'4fl4Ha /--7rl rr L .1-26.f L t.IC 0101 05/1999 Disabled individuals requiring special accommodations please call(602)542-9051 414rRII\EROCK, L November 1, 1999 To whom it may concern: In response to question number 16 on the attached questionnaire: 1. I served as an officer for Tierra Del Sol Country Club, Inc., a Delaware corporation, which corporation held a liquor license issued by the State of New Mexico's Alcohol and Gaming Division,for use in conjunction with its golf course/country club operations at Tierra Del Sol Country Club. This license was sold in 1993. 2. I served as an officer for Horizon Properties Corporation, a Delaware corporation, which corporation held a liquor license issued by the State of Texas,for use in conjunctionAith its golf course/country club operations at Waterwood Resort. This license was sold in2991. 3. I served as an officer for MCO Properties Inc., a Delaware corporation, which corporation;._ held a liquor license issued by the State of Arizona,Department of Liquor License Cctrols,A for use in conjunction with its bar operation at The Village Pub in Lake Havasu Cite This r" license was sold prior to 1986;however,the undersigned has no knowledge as to the Me of° that sale. , cry To the best of my knowledge, the information contained herein is true and correct. ames G.Flynn,Executive Committee Member of FireRock, LLC H:1WPU.413MIS9.WPD 15925 East Shea Boulevard Post Office Box 19840 Fountain Hills,Arizona 85269 Phone (480) 836-0112 Fax (480) 836-0938 ._.. vi...c-i. LiJI L11\A IV Aral 1 1 yr I-11V u lilt 1..111;I dNStS & CONTROL 80 .. :... . 0 W Washington 5th Floor )41, 400 W Congress#150 Phoenix AZ 85007-2934 i;,'"` Tucson AZ 85701-1352 ti (602) 542-5141 - (520) 628-6595 L QUESTIONNAIRE READ CAREFULLY,THIS INSTRUMENT IS A SWORN DOCUMENT An extensive investigation of your background will be conducted. False or incomplete answers could result in criminal prosecution and the denial or subsequent revocation of a license or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER OFFICER OR MANAGER ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN"APPLICANT'TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. There is a$24.00 processing fee for each fingerprint card submitted. A service fee of$25.00 will be charged for all dishonored checks(A.R.S.44.6852) TYPE OR PRINT WITH BLACK INK 1. Check appropriate X] Owner,Agent,Partner,Stockholder,Member or Officer 0 Manager(Only) box - (Complete Questions 1-16&20) (Complete All Questions except#10,l0a&21) //�� Licensee or Agent must complete#21 for Manager Licensee or Agent must complete#21 la. Name: ►�SE(_LZ C- f Er 0 a_q_ SC 0 I'r Date of Birth: l,211 !L 0 Last First Middle 2. Name of Licensed Premises: FE DQE (f.UC.-Ic. CO t i&J1• J ._C L.41[3 Premises Phone: (tit 0 )7/(,, - y 9 79 /J 60,074sl1 •J!- ri/4 Z 0 3. Licensed Premises Address: /Co 0 00 caXe )C k `O() I'tP' 8 I S S Z to 9 Liquor Licer1 0'7 Y i a Street Address (Do not use PO Box#) City County Tip (If this location is cunentl}gliansed) N 4. Drivers License#: ,6/2 J 9 SD 4(, State 4 2- Residence Phone:( 470) g(�O - 04 y Y, Height: S`// Weight /-7 8--- Eyes: ,4ZEL Hair &A-01 Place of Birth: //=738z G /"t {• city vc. tate .Tame of Spouse: 6TELL2"-- V t, r A/0VAlC /(f 0(//}k Date of Birth: Z i o 2 Last First Middle Maiden 6. You are a bona fide resident of what state? /174.-X7..-6 Air}' If Arizona,date of residency: /619 7. If you have been a resident less than three(3)months,submit a copy of driver's license or voter registration card. 8. Indicate your employment or type of business during the past five(5) ears,if unemployed part of the time.so state. List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/YearOR BUSINESS (Give street address,city,state&zip) CURRENT /S9'25— E , Si - di tad. 6l/c 9 PRocrt-cr MA-016EL ( C e4 Aoc-/C , L-LG houni..,- zl w 4u,,ts A? 2s2(cc, AA/ 15 ,0 99 l-eEcaor 0i (,aMM9t`irZC.T)L MCo ,pRR/ S z Wc.1euwr �, aisa&4 /3iv4. / / , Gou�rr�,zs!/bus /lz ��t.Q (ATTACH ADDITIONAL SHEET IF NECESSARY) 9. Indicate your residence address for the last five(5)years: FROM TO RESIDENCE Month/Year Month/Year Street Address City State Zip /0 9/ CURRENT 1330 q /o/ / '/&c c, , orrrIsItt 4 Z gsu.o (kw _ , c.uc 0101 osi1999 Disabled individuals requiring special accommodations please call(602)542-9051 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL • - ���'r 400 W Congress#150 800 W Washington 5th Floor �r'; '� Phoenix AZ 85007-2934 � ,„At ,�1`� Tucson AZ 85701-1352 (602) 542-5141 \� � (520) 628-6595 QUESTIONNAIRE READ CAREFULLY,THIS INSTRUMENT IS A SWORN DOCUMENT An extensive investigation of your background will be conducted. False or incomplete answers could result in criminal prosecution and the denial or subsequent revocation of a license or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN"APPLICANT'TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. There is a$24.00 processing fee for each fingerprint card submitted. A service fee of$25.00 will be charged for all dishonored checks(A.R.S.44.6852) TYPE OR PRINT WITH BLACK INK 1. Check appropriate Et Owner,Agent,Partner,Stockholder,Member or Officer ❑ Manager(Only) box (Complete Questions 1-16&20) (Complete All Questions except#10,l0a&21) Licensee or Agent must complete#21 for Manager Licensee or Agent must complete#21 la. Name: /V 4%/0 As...S ,_ /7A 1/77. Ae2 Date of Birth: ` 6/.4/,9r Last First Middle ./,� i. /Q 2. Name of Licensed Premises: /,2£/0 u C it G� %9Z y C v4 Premises Phone:( ) - Q C 3. Licensed Premises Address: /�,7 cs c0 /-//i' Z c)c.e_, _ 'u--,f/it/ 6-4 6//3 A& Liquor License#0G c S/- Street Address (Do not use PO Box#) City County Zip (If this location is currently licensed) 9 4. Drivers License#: 4 ''/?6' 7J2 State (%5..)) Ps? - /2( V Residence Phone: r It CIeight: �' / Weight: 2/J Eyes: //-ZG Hair:igi.A et Place of Birth: /'7.ca -L /;c'C / /7Z_ City State 5. Name of Spouse: .A/ /, Date of Birth: Last First Middle Maiden 6. You are a bona fide resident of what state? /jPA/ 2,i-/ If Arizona,date of residency: 7. If you have been a fesident less than three(3)months,submit a copy of driver's license or voter registration card. 8. Indicate your employment or type of business during thepast five(5)rears,if unemployed part of the time,so state. List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (Give street address,city,state&zip) CURRENT /41/2.v/``✓� L/a 'J'. /,C/,O!/J i%/L% �..„,./J.�e/m4'; /l 9.3 ,',,zisA f%iy 3/5/ I # 4ys1'/ -z1.. e 4-:i4 c 1-t..-—92-- (ATTACH ADDITIONAL SHEET IF NECFSSARY) I 9. Indicate your residence address for the last five(5)years: FROM TO RESIDENCE Month/Year Month/Year Street Address City State Zip //�:/c CURRENT 3/i/ `C TyJ1�U .ff4 A 1. . ✓e, 6./4/. x.,t r� /9 L i-3 4.35, (kr, 3/uJ /%/5 S`— J 36 ? r/ _Ifs/y., ds c. Si.,G. ii 40'.4i,,--1 49G. 1 Ai'' uC 0101 05/1999 Disabled individuals requiring special accommodations please call(602)542-9051 • This addendum is written in response to questions 13, 14, 15, and 16 on the QUESTIONNAIRE. In response to question 13, my company is contracted with over two hundred(200) liquor establishments state wide. Depending on when this document is reviewed, its possible that there may be a pending administrative citation, compliance action, arrest or summons against one of them. In response to question 14, since I began ALIC in April of 1993,I have been associated with hundreds of liquor establishments and liquor licenses. Several of them have received citations and in one instance a three day suspension. I work with the compliance officer on a regular basis acting as a representative for those who utilize my contract service. I do not however, have anything to do with the actual operation of any liquor establishment in this or any other state. Therefore, none of violations I've just referred to can be associated to me personally. Additionally, it would be almost impossible for me to give you a reconciliation of these violations as I have been associated with so many licenses for so many years. Question 15. In early 1995, I was involved in a litigation over the sale of a class six(6)' �"° liquor license. The seller in this case presented documents to me, you(DLLC),and the � 6 Arizona Department of Revenue, showing him as the president of a corporation which w ,-- owned a liquor license. He requested my assistance in selling this license as I am a liquor..ti, 5 license broker. The license was brokered and sold by me. Some weeks later I discovered that the individual selling the license on behalf of the corporation was a fraud, therefore t the sale of the license illegal. After notifying the purchaser(victim), he instigated a law suit against both me, and the escrow company used to consummate the sale of the license. The litigation against me and my company was later dropped,I did however have to pay the buyer's attorney's fees. Additionally, I prepared a felony complaint, took it to prior police associates at the Arizona Department of Public Safety and we obtained a five count Grand Jury Indictment and six year prison conviction against the fraudulent seller. Question 16. I am currently the Administrative Agent on numerous liquor licenses throughout the State of Arizona. I have also owned liquor licenses which were purchased for resale only. Respectfully Submitted, Randy Nations President ALIC MEMORANDUM Chron 290 TO: Honorable Mayor and Town Council FROM: Art Candelaria, Engineer/Plan Reviewe�E REVIEWED: To ord cting for Town En i ,, ,�j .r , Town Manager �'"� ' THROUGH: Pau DATE: Dece ::•r 3, 999 RE: Easement Aban nment 99-24; Resolution 1999-59 11214 N. Pinto Drive Plat 605C, Block 4, Lot 7 Alan and Kristie Miller This item on the Town Council's agenda is a proposal to abandon the ten (10)foot public utility and drainage easements located at the southwesterly (rear) property line of Lot 7, Block 4, Plat 605C, (11214 N. Pinto Drive), as shown on Exhibit"A". The property owners of Lot 7 desires the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. Staff has received no comments to date from the adjacent property owners. The southeasterly 20' of the southwesterly(rear) 10' public utility easement will be retained for existing and potential future utility boxes. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 7 are required to pass the developed flows generated by the upstream lots across their property. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. Staff recommends adoption of Resolution 1999-59. cc: Alan & Kristie Miller Homeowner: 11057 Buffalo Drive (,, Homeowner: 11220 N. Pinto Drive G_\Easement Memo\EA99-24,Alan&Kristie Miller,Plat 605C,Blk 4,Lot 7.doc TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 605C BLOCK 4 LOTS 7 Clay ti� PLAT 605C 5 e-\ B00K 164 ti 1� A' PAGE 14 if. 1'R °°4 '4. \\\ O EDO 17 6 \ �`1�p °.. \ 4 \ , 0 \\ \ (y00 •°°, \ \ \-\°` \ \ \ LOT 7 �. \ \ o•oo o" g \ 00 R/=20.00' 7 4). /L =31.42' Ir ABAND• \ ==°3 ppp�' 4P 10' P0BLIC UTILITY\ �y A b DRAINAGE \ • �'� -ASEMENT \ �S QV \ van.9 8 \ r'■Ia.0, cr /��� \°. ' RETAIN /5UBLIC UTI Y EASEMENT ABANDO 1 / DRAIN • ' E EASEMENT ei5, - \\ \ \ / ,Q `�,S- \\ \ BLOCK 3 4 \ \ \ \ SCALE: 1"=40' 29 \\ \ DATE: 12-8-99 \ \ \ \Iirpe \ \ \ \ Chron 292 MEMORANDUM TO: Honorable Mayor and Town Council FROM: Art de aria, Engineer/Plan Reviewer�� REVIEWED: To W d, Ling for Town Engi r:Avei THROUGH: Paul , Town Manager DATE: Dece r 7, 1 RE: Easement Abandonment 99-26; Resolution 1999-60 14821 Cerro Alto Drive Plat 506C, Block 1, Lot 40 Linda F. Moore This item on the Town Council's agenda is a proposal to abandon the ten (10) foot public utility and drainage easements located at the southwesterly(rear) property line of Lot 40, Block 1, Plat 506C, (14821 Cerro Alto Drive), as shown on Exhibit"A". The property owner of Lot 40 desires the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. Staff has received no comments to date from the adjacent property owners. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner of Lot 40 is required to pass the developed flows generated by the upstream lots across their property. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. Staff recommends adoption of Resolution 1999-60. cc: Home Owner: Lot 41 - 14829 Cerro Alto Drive Home Owner: Lot 39 - 14813 Cerro Alto Drive Lot Owner: Lot 48 - 16384 Dryad Place Lot Owner: Lot 50 - 14810 Golden Eagle Blvd. L G:\Easement Memo\EA99-26,Linda F.Moore,Plat 506C,Blk 1,Lot 40.doc When recorded, return to: Lngineering Department own of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 1999-60 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT,TITLE, OR INTEREST IT HAS IN A PORTION OF THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE SOUTHWESTERLY (REAR) LOT LINE OF LOT 40, BLOCK 1, OF PLAT 506C, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 159 OF MAPS, PAGE 31, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real property located in the Town of Fountain Hills, may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, The Town Council of the Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and IHEREAS, All present utility companies have received notification of the proposed abandonment; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That the certain ten (10)foot public utility and drainage easements, located along the southwesterly (rear) property lot line of Lot 40; of Plat 506C, Block 1, Lot 40, Fountain Hills, Arizona; as recorded in book 159 of maps, page 31 records of Maricopa County, Arizona; are hereby declared to be abandoned by the Town of Fountain Hills. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner of Lot 40 is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting therefrom or existing previous to any action by the Town. Resolution 1999-60 Page 1 of 2 -ASS till \ -9 fd � SECOND &- COUNT '• PASSED AND ADOPTED this 16 day of December 1999. ("ATTEST: FOR THE TOWN OF FOUNTAIN HILLS C4/t IL Lam. Cassie B. Hansen, Town Clerk Sharon Morgan, ay r REVI D BY: APPROVED AS TO FORM: e/.///7( t.'--- --.,,/ // 91.---(----6.-L-44,6, ,--L-t., t.-i,...-c, aul L. Nor i , Town Manager William E. Farrell, Town Attorney ‘110" Resolution 1999-60 Page 2 of 2 ' - /\3\- 6 \ 1%','.a' N - o ,� _ of e \ . 00 40 '2'!a J • 1 ^ - z J��'oo,& - N _ Q1 pzo,�E.caE o0 00 In OC �v m H p 0p"�. c� c� N 2 2.0 \ ; A=a CV : ' IOC'- : ,0). .� yo E •0 ' 4 • 5 E^ '• • 1\ h/ m 0io'll o• p �� tiQp \ i 2� " . ^ z . _ ZZDpOC N z PI' Q. 1144 0) 'z •. - \ \ . op.\6. . fell? fzr.t1'.11°,. N N \0 0� �% h`• 9 r i5 6" • o - h y�00 o 0 `�-oo - e* p\ ,h\ t' gq' - Q •y,y 'L "q• p , oo� %O.SI S• ''-o /y22 p• o Y OtE S�9 �M 0 52 0o s�°�i •. 4• �%I. 9' o , z •o s i \ 00 v LC)l o tti t'i Q _Vl 00 0- j N m c 3711. O r oO �L -) ao • Cs, \v / N N e°¢2%G�3 Q �w . .00 o, /_ \ • 0000 • 0o s�9,. T,. �►v fOO.08 _ . "oosrS `► 00 \00 N y� G.65u \ o �°9., . �' •�' 00 �3 o r.o W. .1Z. o y \ A %o 0 0 0� 1 '8 c9 a1 l.1 .000 !� `r4 �s e %, DO �- 0, -' 0 6 D p0 Ono 00'w • • ... in in ‘ • i -'7'0 \ - . - li.:g,.., co vA 0.ti:1-:;*757 00. , 0 I C` '- �'I 2.00.00 w• o..• �g P A •�o.00 0 o sr -J 9,.... y Q 0' 4 oo�0/ % Q 'o o CS=n as:%All: fil • Q \h o� 0 ',y•, CO o- o �,H °� do ��A f 9g.72 o 2 / \1' boo poi �,��� � ' • P 35¢.3/ —J/ o N 00 S °9%y �� 9°¢ w NIf_ aI, Q�1 a fi. R v a \• o o O Q h cc\j v. �\ " N cvl t O "Opus/ o \ M y s � oos �. o Ni N \ :tea�,o� ►� *0- if IBC Oo �,, • , ��e:oy�\ �y �, o ZO;y 'r. o•Ss/ \00 At v% A • ki k. 0 y e o .. o 0 o o '� o • i �� r`� �� �°OCrO a eN •• ,�h 00 �o •o os� tx o o a, '/ Chron 288 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Hono :ble Ma •r and Council FROM: o THROUGH: Pais DATE: November 0, 1999 RE: Street Name Change Valleyview Lane within FireRock Country Club Master Plat to Palisades Blvd FireRock LLC is the owner of the affected properties on the street. Valleyview Lane ties into the intersection of Shea Blvd and Palisades Blvd. This street intersection will be a 4-way arterial signalized roadway with the development of FireRock Country Club and the continuous extension of Palisades Blvd south leg of Shea Blvd. There are two existing arterial roadway intersections along Shea Blvd (Eagle Mountain Parkway-Crestview Drive and Fountain Hills Blvd- FireRock Country Club Drive) with north and south legs continuous, with different existing street names. This change will minimize the possible confusion and mixed street names along Shea Blvd. FireRock LLC is in agreement with this request. Staff will notify all affected utilities, emergency services, and other governmental agencies if this street name change is approved. Engineering Department and Community Development staff recommend approval of the street name change from Valleyview Lane to Palisades Blvd. L FCC Street Name Change.doc Town of Fountain Hills Memorandum DATE: December 10, 1999 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder,Community Development Direc THROUGH: Paul L. Nordin,Town Manager SUBJECT: Ordinance 1999-62, abandoning a portion of the alley southwest of Desert Vista Park. Staff has been working with the property owners of three lots located along the Saguaro Boulevard service road between Desert Vista and Tower Drives. They will soon be developing a very nice office/retail development on Lots 3 through 5 and Lot 7A in Block 1 of Plat 302. There is currently a 30-foot wide unpaved alley that separates their property from the Desert Vista Park. The property owners are very interested in utilizing the alley for vehicular access for their proposed development, and the Town is interested in utilizing this right-of-way for park-related parking and for public access to Desert Vista Park. Staff is interested in providing the property owners an incentive to articulate and landscape the rear elevation of the proposed commercial development that will abut and face the Park. Staff is also interested in only paving a twenty-foot wide access aisle,instead of a 30-foot wide pavement section, to facilitate a driveway aisle for both Park patrons and the customer/service traffic generated by the commercial development. In order to encourage the articulation on the rear elevation of the commercial building, staff has agreed to facilitate a reduction of the street side setback for the commercial development along the alley frontage to 5 feet instead of 10 feet. Staff and the property owners have agreed to the following: 1. The property owners will provide extraordinary landscaping, conforming to the Town Center Commercial Zoning District landscaping regulations,including landscaping along the rear elevation of the commercial buildings. 2. Only 50% of the rear building frontage will be allowed a 5-foot setback. The remaining 50%of the rear-building frontage will be required to maintain a 10-foot setback. 3. The Property owners will pay for the development of 50% of the cost of a 20-foot wide driveway aisle, including vertical curb and gutter, from the northern corner of Lot 3 to Desert Vista Drive. 4. The Town will abandon the alley right-of way or otherwise facilitate the property owners ability to observe a 5-foot setback along the alley frontage,as described in number 2,above. 5. Prior to the recordation of the abandonment resolution, the property owners shall provide to the Town appropriate no build, access and other easements both on the property owners land and on the right-of way that would be conveyed to the property owners to set forth the agreed-upon usage and maintenance of those lands. 6. The Town of Fountain Hills would be responsible for the costs of developing the balance of the driveway improvements between Tower Drive and Desert Vista Drive. Staff recommends Town Council approval of Resolution 1999-62. When recorded,return to: Engineering Department Town of Fountain Hills P.O.Box 17958 Fountain Hills,AZ 85269 RESOLUTION 1999-62 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA PURSUANT TO A.R.S § 28-7201 ET.SEQ.ABANDONING ALL RIGHT,TITLE, OR INTEREST IN A PORTION OF A CERTAIN PUBLIC RIGHT- OF WAY KNOWN AS THE ALLEY LOCATED NORTHEAST OF ABUTTING LOTS 3 THROUGH 5 IN BLOCK 1 OF PLAT 302, FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 156 OF MAPS, PAGE 45, RECORDS OF MARICOPA COUNTY, ARIZONA AND LOCATED NORTHEAST OF ABUTTING LOT 7A OF THE FINAL REPLAT OF PLAT 302, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 516 OF MAPS, PAGE 43, RECORDS OF MARICOPA COUNTY,ARIZONA. tiow WHEREAS, A.R.S. § 28-7201 et. semC.provides for the disposition of unnecessary public roads;and WHEREAS, The Town Council of the Town of Fountain Hills,as the governing body of the Town; and NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That a portion of the alley as shown in Exhibit A, located northeast of and abutting Lots 3 through 5,Block 1,Plat 302,Fountain Hills,Arizona, and located northeast of and abutting Lot 7A of the Final Replat of Plat 302,Fountain Hills,Arizona, as recorded in book 156 of maps, page 45, and in book 516 of maps, page 43, respectively, records of Maricopa County,Arizona; are hereby declared to be no longer necessary for public use as a right-of- way. SECTION 2. That the Council determined that this property can be best be used to protect the public health, safety and welfare of the adjacent property owners and the citizens of the Town and therefore declares that the value of the property is de minimis and that no compensation is required from the adjacent property owners pursuant to A.R.S. § 28-7201 et. seg.. SECTION 3. That upon recordation of this resolution in the office of the Maricopa County Recorder, title to the property shall vest in the owners of record of the adjacent property as determined by the records of the Maricopa County Recorder on the day of recordation. Resolution 1999-62 _1 Page 1 of 2 ASS AIL OTION np..1.25 SECOND 't'6m(-- COUNT �`� PASSED AND ADOPTED this 16th day of December, 1999. L. FOR THE TOWN OF FOUNTAIN HILLS: ATTEST: /11%"°4 a4.------ t/)..JA-L4 )dfiA /4_—) Sharon Morgan,Mayor Cassie B. Hansen Town Clerk REVIEWED BY: APPROVED AS TO FORM: , / 1' .//71A- __.-—-- il , / 'i Kt-t..-,., .tr, i / ::;e i-11; Paul L. o din William E.Farrell Town Manager Town Attorney L Resolution 1999-62 Page 2 of 2 TOWN OF FOUNTAIN HILLS RIGHT-OF-WAY ABANDONMENT EXHIBIT A PLAT 302 BLOCK 1 LOTS 3 THRU 7 L ,cgill , �<o o r 0,6 F.H. STREET A DEPT. YARD �`� F[ Q'oo DESERT VISTA PARK y\ 4 BLOCK 1 ,Di �'7� A=90.00'00" LOT 9 L=31.42' R= ' ,hN / 0 9 f�8��20.000 4 o y / o 00 ♦♦i♦i 90•��, ��'��0 2 0 0 ,�0��♦�i♦♦ 696 NsB� moo 74•�-•0- L000 0.00, �,' � 3 00 000♦♦�♦ `� o • S 700 "��`'0 4 Al 1000 ti 9�� F 00 `� o 00 0 ♦!♦♦i 9oq ,000 �,�'�'`4'0 5 0�, ♦�1♦♦i ° 53S �� oo 7/.�♦♦� PARCEL , S,q 00, �0000' �� \�0 7A ��i4. 8 9� E ,`r/ \q9O 1 ' VNAE (PROP. 2s\ - Ski TRANCE EXEMPT) �p i� ,, / 4 P6 ��� q9 ��� �^��•h�00 8 IP ey 0 o� & SIDEWRLCA K ESMT. • j, O \ / / 7 13 •4 \\ L. SCALE: 1"=140' DATE: 12-10-99 Town of Fountain Hills Memorandum DATE: December 16, 1999 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder, Community Development Director THROUGH: Paul L. Nordin,Town Manager SUBJECT: Village Bazaar Shared Parking Agreement Councilmember Poma requested that language be added to the Agreement to clarify the types of commercial businesses and their respective parking rates in the Project, to ensure that adequate Park and Project parking is provided at all times. Staff requests that the Council add the following section to the Village Bazaar Shared Parking Agreement agendized for your consideration tonight: 1.5 Commercial Space Usage and Parking. Notwithstanding any other language or exhibits contained in this Agreement, the permitted distribution of commercial uses in the Project shall not require more than 294 parking spaces, to be calculated as follows: The required number of parking spaces for office and retail uses shall be one parking space per 250 square feet of gross leasable space. The required number of parking spaces for restaurant uses shall be one parking space per 50 square feet of usable floor area, plus one parking space per two employees at peak times. This language would enable the Town to regulate the types of commercial uses proposed in the Project in the future. It would enable the Town to deny commercial uses with high parking rates, such as restaurants, in the event that more high parking rate uses were proposed than originally contemplated in the Agreement. Staff recommends Town Council approval of Resolution 1999-62, with the addition of Section 1.15, as written above. (11rr Town of Fountain Hills Car Memorandum DATE: December 15, 1999 TO: •- o : able Mayor and Common Council FROM: Jeffre Va : ,Community Development Director THROUGH: ''•u ` +i Town Manager SUBJECT: Reso t on 99-61 dopting the Village Bazaar Shared Parking Agreement Resolution 1999-61 is a resolution that would adopt a shared parking agreement between the Town and the Victoria Properties, Inc., the developer of Plaza Fountainside. Plaza Fountainside is the name of the commercial development that will be built at the Village Bazaar, located on the northeast corner of Saguaro and El Lago Boulevards. The developer is proposing to pay for an enlarged parking lot for Fountain Park. Some of the parking spaces in the enlarged parking lot would then be counted towards the commercial development's on-site parking requirement. The development of the enlarged parking lot includes filling a portion of the drainage channel that now exists between the Village Bazaar and the existing Fountain Park parking lot. The Town would otherwise be responsible for paying for the development of a smaller parking lot, as shown on the Fountain Park Master Plan. The developer has been in contact with the Town's park designers, and will coordinate with them and the Town accordingly. Please read the attached agreement. There are provisions for the shared usage of not only this parking lot, but also for the Town's usage of the project parking lot during special events. The developer may also contribute towards the development of a "raised grade activity area" north of the proposed Fountain Park parking lot. I apologize for the lateness of these documents. I will contact each of the Councilmembers individually to answer any questions before tomorrow night's meeting. Staff recommends Town Council approval of Resolution 1999-62. L RESOLUTION 1999-61 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ADOPTING THE VILLAGE BAZAAR SHARED PARKING AGREEMENT. WHEREAS, The Town of Fountain Hills is located in Maricopa County,Arizona;and WHEREAS, Title 9, § 500.5 of the Arizona Revised Statutes allows a municipality such as the Town of Fountain Hills to enter into a development relating to a property in a municipality, such as the Village Bazaar,AKA Plaza Fountainside property;and WHEREAS, The Village Bazaar Shared Parking Agreement is consistent with the Town of Fountain Hills General Plan. NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That, pursuant to Title 9, § 500.5 of the Arizona Revised Statutes, the Town of Fountain Hills hereby adopts the Village Bazaar Shared Parking Agreement, as shown in Attachment "A",incorporated herein by reference. SECTION 2. That the Town Manager, Town Attorney, and the Town Clerk are hereby authorized and thaw directed to take any and all actions and to sign any documents necessary to execute the Village Bazaar Shared parking Agreement. PASSED AND ADOPTED this 16th day of December, 1999. FOR THE TOWN OF FOUNTAIN HILLS: ATTEST: (1/ ./),It� Sharon Morgan,Ma r Cassie B. Hansen Town Clerk REVIEWED BY: APPROVED AS TO FORM: trs / , -1c--P.: 1 • —_ 1. /1 . ' �i..:....k%. Paul L.Nordin William E.Farrell `j Town Manager Town Attorney Resolution 1999-61 Page 1 of 1 WHEN RECORDED, RETURN TO: TOWN OF FOUNTAIN HILLS 16838 East Palisades Boulevard Fountain Hills, Arizona 85268 VILLAGE BAZAAR SHARED PARKING AGREEMENT THIS SHARED PARKING AGREEMENT ("Agreement") is entered into this 16th day of December, 1999, by and between TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation (the "Town"), and Victoria Properties, Inc., an Arizona corporation (the "Developer"). RECITALS : 1. The Developer is the owner of certain real Property located within the Town of Fountain Hills, Arizona consisting of approximately 5.9224 acres and legally described on Exhibit "A" hereto and commonly known as the Village Bazaar(the "Property" or the "Project"). 2. The Developer is the owner of certain real Property located within the Town of Fountain Hills, Arizona consisting of approximately 1.3246 acres and legally described on Exhibit "B" hereto and commonly known as the "R-190 Zoned Land." 3. The Town is the owner of certain real Property located within the Town of Fountain Hills, Arizona consisting of approximately 63.45 acres and legally described on Exhibit"C" hereto and commonly known as Fountain Park (the "Park"). 4. The Developer and the Town are entering into this Agreement pursuant to the provisions of A.R.S. §9-500.05 in order to facilitate the development of the Property by providing for, among other things, conditions, terms, restrictions and requirements for the construction and installation of infrastructure improvements, dedications from the Developer to the Town, permitted uses for the Property, modified parking regulations and any and all other matters set forth within the body of this Agreement and as more particularly identified and described on the Plan of Development, dated December 7, 1999 as prepared by Patrick Hayes Architecture and as attached as Exhibit "D" hereto. 5. The Developer and the Town acknowledge that the ultimate development of the Property within the Town is of such magnitude that the Developer requires assurances from the Town of the Developer's right to complete the development of the Property pursuant to the Plan of Development before it continues to expend substantial efforts and costs in the development of the Property; and the Town requires assurances from the Developer that when it develops the Property, it will do so in accordance with the Plan of Development and terms and conditions of this Agreement. Attachment "A" 1 6. The Town acknowledges that the development of the Property pursuant to this Agreement will result in significant aesthetic, planning and economic benefits to the Town and its residents by increasing revenues to the Town based on improvements constructed on the Property and in the Park and by creating employment through the development of the Property. Further, the Town acknowledges that significant benefits are provided to the Town by Developer's development of the Property in accordance with the Plan of Development including(i)the dedication to the Town of all R-190 zoned land within the Project, and(ii)the development of a parking lot within the Park, and (iii) the possible future contribution to the development of a raised-grade activity north of the proposed Park parking lot within the Park. 7. Developer acknowledges that the development of the Property pursuant to this Agreement will result in significant benefits to the Developer by providing assurances to the Developer that it will have the ability to develop the Property in accordance with an approved Plan of Development and the use of Town-owned property to satisfy Project parking requirements. NOW,IN CONSIDERATION of the foregoing and the mutual promises and agreements set forth herein, the parties agree as follows: AGREEMENT : 1. DEVELOPMENT PLANS. 1.1 Plan of Development.The Documents referred to in Recital 4 and the various exhibits attached thereto this Agreement and this Agreement collectively constitute a "Plan of Development"for the Property. It is the intent of the parties that the development is to be constructed in accordance with the Plan of Development and as further clarified herein. To the extent there is conflict between the various documents making up the Plan of Development and the various ordinances of the Town of Fountain Hills, such development standards as are required to develop the Property in general accordance with the Plan of Development shall be applied and shall govern and control. 1.2 General Plan. The Town and Developer agree and acknowledge that the Plan of Development is consistent with the adopted general plan of the Town of Fountain Hills as it exists on December 16, 1999. Developer and Town agree that at any point in the future and during the term of this Agreement that the Developer may seek an amendment to the Plan of Development, but that any amendment to the Plan of Development must also be consistent with and in basic harmony with the then adopted General Plan of the Town. 1.3 Minor Amendments.The Plan of Development presently indicates the amount and location of building area and the minimum number of parking spaces to be developed on the Property and in the Park and the general nature of commercial and other uses and their associated minimum parking requirements for the Project. So long as the amount and type (ie. office, retail or restaurant)of building area constructed as specified in the Plan of Development is not exceeded and the minimum number of parking spaces is maintained,the Developer may apply to the Town Council for minor changes to the Plan of Development affecting part or parts of the Property. The Town 2 Council shall consider such applications as administrative amendments to this Agreement. In rendering its decision whether to grant or withhold approval of such applications, the Council may take into account such factors as it deems relevant including by way of example only, the market conditions then in existence, street circulation patterns and parking utilization and capacity. 1.4 Regulation of Development. The Town and Developer agree and acknowledge that the ordinances, rules, regulations and policies of the Town applicable to and governing the development of this Property shall be those ordinances, rules, regulations and officially adopted policies (with current interpretation and practices) which are in existence and in force for the Town as of the date of the recording of this Agreement as varied, waived or clarified hereunder. 2. CONSTRUCTION OF INFRASTRUCTURE IMPROVEMENTS. 2.1 Developer's Construction. All infrastructure improvements as defined in the Plan of Development and required to be installed and constructed by the Developer shall be done in accordance and as set forth in the Plan of Development. All infrastructure requirements shall be constructed in a manner and under the terms and conditions of all applicable standards,codes,rules or regulations of the Town or other Governmental agencies as they exist at the time this Agreement is entered. Upon permit approval,the Town grants the Developer the right to enter and remain upon and cross any Town easements, rights-of-way and/or property, except as noted below, within or immediately adjacent to the Project to the extent reasonably necessary to facilitate the construction of additional infrastructure or to perform any necessary maintenance or repairs of said infrastructure provided that the Developer shall not impede or adversely affect the Town or the public's use and enjoyment thereof and provided that the Developer shall restore such easements, rights-of-way and/or property to their prior condition upon completion of construction, repair or maintenance. Except with specific Town Council approval, there shall be no right of the Developer to enter, remain upon, cross or in any way utilize or disturb any hillside protection easement on the Property. 2.2 Dedication and Maintenance of Public Rights-of-Way and Parks. Ownership of all completed portions of the public right-of-way and Park improvements and other dedications, including the dedication to the Town of the R-190-zoned portion of the Project and the development of the parking lot in the Park shall be dedicated, if need be, to the Town by instrument in form and content acceptable to the Town. So long as such infrastructure improvements are constructed in accordance with plans and specifications approved by the Town, as verified by inspection of the completed improvements by the Town's Engineer,the Town shall accept such dedications and shall, beginning twelve (12) months from the date of acceptance, at its own cost and expense, maintain, repair and operate such public improvements in accordance with its customary standards. From the date the Town accepts the improvements and for a period of one (1) year thereafter,the Developer shall, at its sole cost and expense, maintain and repair such improvements. 3 2.3 Dedication of the R-190-Zoned Land. The R-190-Zoned Land, located north of the Property, shall be dedicated to the Town either as a part of a subdivision approval or by separate instrument. This dedication shall occur prior to any building permit approval on the Property. The Town will maintain this area as a part of Fountain Park. 2.4 Park parking lot. The Developer shall develop, at its sole cost and expense, the Park parking lot as shown in the Plan of Development and as modified herein with a number of parking spaces not less than 111 spaces. The Developer shall modify the design of the Park parking lot so that there is a twenty(20) foot landscaped buffer on the south side of the parking lot, abutting the El Lago Boulevard right-of-way, exclusive of any bumper overhang. All parking spaces in the Park parking lot shall be designed so that bumper overhangs do not reduce abutting sidewalk widths to less than eight (8) feet. The Park parking lot shall be redesigned so that a two-way driveway (right-in, right-out turns only) is developed at the western side of the parking lot where it abuts El Lago Boulevard. It is understood and accepted by both parties that the physical location and orientation of the Park parking lot will be shifted northward to the extent necessary to provide the landscaped area described in the previous sentence. All landscaping shall conform to the landscaping standards of the Town Center Commercial Zoning District. No occupancy permit shall be issued by the Town for Building `B", as shown on the Plan of Development, until the Park parking lot is completed and landscaped to the satisfaction of the Town. The Park parking lot shall be developed to the satisfaction of the Town prior to either the issuance of any occupancy permit for Building `B" or by January 1, 2003, whichever occurs first. 2.5 Parking Lot Usage.The Park parking lot will provide parking for Park patrons and overflow parking for Project patrons. The use of the Park parking lot by Project patrons will be unrestricted, except for special park or Town-approved events. The Project parking lot will provide parking for Project patrons, which may include joint Project-Park patrons. Restricted-use covered parking spaces may be developed in the Project parking lot at a number not to exceed the amount required for the office-space component of the Project. However,these covered parking spaces must be available and signed for general parking on weekends and holidays and after 6:00 PM on weekdays. The Project parking lot must be made available for unrestricted public parking for not more than fifteen (15) Town-approved special (in most cases multi-day)events per year, an annual list of which can be provided in advance to Developer. 2.6 Good faith contribution. As a part of this Agreement the developer is committing to develop the Park parking lot, including the extension of two 4-foot by 10-foot box culverts to the northern edge of the Park parking lot. The developer is also proposing to build two five-foot high terraced retaining walls along the property's easterly property line, beginning near the northern terminus of the proposed extension of the aforementioned box culverts to near the property's northeastern property line. It is also agreed that the development of a raised-grade (turf) activity area located north of the proposed Park parking lot will benefit the Project. The costs of the proposed box culvert extensions, the terraced retaining walls, and the value of the abutting raised grade activity area to the Project can be agreed upon by the Town and the Developer. In the event that studies show that less expensive construction methods can be utilized to convey water in the drainage area, the developer shall, in good faith, redirect those funds to the development of all or a portion of a raised-grade activity area north of the proposed Park parking lot. The Developer need 4 only redirect those funds that make up the difference between the cost of the box culverts and any less-expensive method of water conveyance, the cost of any eliminated retaining walls due to the development of a raised-grade activity area, and the added value that a raised-grade activity area would have on the Project. 3. COOPERATION AND ALTERNATIVE DISPUTE RESOLUTION. 3.1 Appointment of Representatives. To further the commitment of the parties to cooperate in the implementation of this Agreement, upon the request of either the Developer or the Town, the Town and the Developer each shall designate and appoint a representative to act as a liaison between the Town and its various departments and the Developer. The initial representative for the Town (the "Town Representative") shall be the Town Manager, and the initial representative for the Developer shall be its Project Manager, as identified by the Developer from time-to-time (the "Developer Representative"). The representatives shall be available at all reasonable times to discuss and review the performance of the parties to this Agreement and the development of the Property pursuant to the Plan of Development. The representatives may recommend amendments to the Plan of Development or this Agreement which may be agreed upon by the parties. 3.2 Expedited Town Decisions. The implementation of the Plan of Development shall be in accordance with the development review process of the Town. If at any time the Developer believes that an impasse has been reached with the Town staff on any issue affecting the Property, the Developer shall have the right to immediately appeal to the Town Representative for an expedited decision pursuant to this paragraph. If the issue on which an impasse has been reached is an issue where a final decision can be reached by the Town Staff,the Town Representative shall give the Developer a final decision within fifteen (15) days after the Developer's request for an expedited decision. If the issue on which an impasse has been reached is one where a final decision requires action by the Town Council, the Town Representative shall be responsible for scheduling a Town Council hearing on the issue at the next regular meeting of the Council after the Developer's request for an expedited decision; provided, however, that if the issue is appropriate for review by the Town Planning and Zoning Commission, the matter shall be submitted to the Commission first, and then to the Town Council. If the issue on which an impasse has been reached is one where a final decision requires action by the Board of Adjustment, the Town Representative shall be responsible for scheduling a Board of Adjustment hearing on the issue within the applicable period provided by law for such a decision. Both parties agree to continue to use reasonable good faith efforts to resolve any impasse pending any such expedited decision. The foregoing expedited review process shall always be subject to notice and hearing procedures required by law. 3.3 Default. Failure or unreasonable delay by either party to perform or otherwise act in accordance with any term or provision of this Agreement for a period of thirty (30) days (the "Cure Period") after written notice thereof from the other party, shall constitute a default under this Agreement. Said notice shall specify the nature of the alleged default and the manner in which said default may be satisfactorily cured, if possible. In the event such default is not cured within the Cure Period, the non-defaulting party shall have all rights and remedies which may be available at law or in equity. 5 4. NOTICES AND FILINGS. L 4.1 Manner of Service. All notices, filings, consents, approvals and other communications provided for herein or given in connection herewith shall be validly given, filed, made, delivered or served if in writing and delivered personally or sent by registered or certified United States Mail, postage prepaid, if to: The Town: Personal Delivery: Town Clerk Town of Fountain Hills 16838 East Palisades Boulevard Fountain Hills, Arizona 85268 With a copy to: William E. Farrell, Town Attorney 10135 East Via Linda, Suite 220 Scottsdale, Arizona 85258 The Developer: Mr. Mike Gustafson Victoria Properties, Inc. 549 South 48th Street, Suite 108 Tempe, Arizona 85281 With a copy to: Mark D. Dioguardi Tiffany & Bosco Fifth Floor Viad Tower 1850 North Central Avenue Phoenix, Arizona 85004-0103 or to such other addresses as either party hereto may from time to time designate in writing and deliver in a like manner. 4.2 Mailing Effective. Notices, filings, consents, approvals and communication given by mail shall be deemed delivered seventy-two (72) hours following deposit in the United States Mail, postage prepaid and addressed as set forth above. 5. GENERAL. 5.1 Waiver. No delay in exercising any right or remedy shall constitute a waiver thereof, and no waiver by the Town or the Developer of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. L 6 5.2 Headings. The descriptive headings of the paragraphs of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. 5.3 Exhibits. Any exhibit attached hereto and the documents constituting the Plan of Development, shall be deemed to have been incorporated herein by this reference with the same force and effect as if fully set forth in the body hereof. 5.4 Further Acts. Each of the parties hereto shall execute and deliver all such documents and perform all such acts as reasonably necessary, from time to time, to carry out the matters contemplated by this Agreement. Without limiting the generality of the foregoing,the Town shall cooperate in good faith and process promptly any request and applications for plat or permit approvals or revisions, and other necessary approvals relating to the development of the Property by the Developer and its successors. 5.5 Time of Essence and Successor.Time is of the essence of this Agreement. All of the provisions hereof shall inure to the benefit of and be binding upon the successors and assigns of the parties. 5.6 Term. The term of this Agreement shall commence on 16th day of December, 1999 and shall run perpetually unless terminated by the written mutual agreement of both parties or their successors in interest. 5.7 No Partnership; Third Parties. It is not intended by this Agreement to, and nothing contained in this Agreement shall,create any partnership,joint venture or other arrangement between the Developer and the Town. No term or provision of this Agreement is intended to, or shall, be for the benefit of any person, firm, organization or corporation not a party hereto, and no such other person, firm, organization or corporation shall have any right or cause of action hereunder. 5.8 Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. All prior and contemporaneous agreements, representations and understandings of the parties, oral or written, are hereby superseded and merged herein. 5.9 Amendment. No change or addition is to be made to this Agreement except by a written amendment executed by the parties hereto. Within ten (10) days after any amendment to this Agreement, such amendment shall be recorded in the official Records of Maricopa County. L 7 5.10 Names and Plans. Subject to the provisions of the "Public Records and Documents" laws of the State of Arizona, the Developer shall be the sole owner of all names, titles, plans, drawings, specifications, ideas, programs, designs and work products of every nature at any time developed,formulated or prepared by or at the instance of the Developer in connection with the Property; provided, however, that in connection with any conveyance of portions of the Property to the Town, such rights pertaining to the portions of the Property so conveyed shall be assigned, to the extent that such rights are assignable, to the Town. Notwithstanding the foregoing, the Developer shall be entitled to utilize such materials described herein to the extent required for the Developer to construct, operate or maintain improvements relating to the Property. 5.11 Good Standing and Authority. Each of the parties represents and warrants to the other(i)that it is duly formed and validly existing under the laws of Arizona,with respect to the Developer, or a municipal corporation within the State of Arizona,with respect to the Town, (ii)that it is a Arizona corporation or municipal corporation duly qualified to do business in the State of Arizona and is in good standing under the applicable state laws, and (iii) that the individual(s) executing this Agreement on behalf of the respective parties are authorized and empowered to bind the party on whose behalf each such individual is signing. 5.12 Severability. If any provision of this Agreement is declared void or unenforceable, such provision shall be severed from this Agreement, which shall otherwise remain in full force and effect. If an applicable law or court of competent jurisdiction excuses the Town from undertaking any contractual commitment to perform an act hereunder, this Agreement shall remain in full force and effect, but the provisions requiring such action shall be deemed to permit the Town to take such action at its discretion. If, however, the Town fails to take the action required hereunder, the Developer shall be entitled to terminate this Agreement. 5.13 Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona. In particular, this Agreement is subject to the provisions of A.R.S. §38-511. 5.14 Recordation. This Agreement shall be recorded in the Official Records of Maricopa County no later than ten (10) days after this Agreement is executed by the Town and the Developer. Town and Developer agree that only Exhibits "A" and"B" hereto will be recorded with the Agreement and that all other documents constituting the Plan of Development and other exhibits will be maintained in a permanent file in the office of the Town Clerk. 5.15 No Developer Representation. Nothing contained herein or the Plan of Development shall be deemed to obligate the Town or the Developer to commence construction on or complete any part or all of the development of the Property; provided, however, any development that is undertaken by the Developer shall be done in accordance with this Agreement and the Plan of Development, as the Plan of Development may be amended from time to time. 8 INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND MARICOPA COUNTY REGARDING THE USE OF COUNTY ANIMAL SHELTERS This agreement made and entered into this day of , 199_ by and between Maricopa County (COUNTY), a political subdivision of the State of Arizona and the TOWN of Fountain Hills, a municipal corporation of the State of Arizona (TOWN). The COUNTY and the TOWN are authorized pursuant to A.R.S. § 11-952 and A.R.S. §11-1005 to enter into this agreement. TOWN is authorized, pursuant to A.R.S. § 9-240(B)(16) to regulate, by ordinance, animal control. TOWN has undertaken all responsibility within its boundaries for rabies and animal control except for the operation of a pound and is exempt from the provisions of Title 11, Chapter 7, Article 6 of the Arizona Revised Statues. NOW, THEREFORE, the parties mutually agree: RESPONSIBILITIES OF MARICOPA COUNTY 1. COUNTY shall impound and quarantine in accordance with A.R.S. § 11-1014, any animal suspected of having rabies and delivered by TOWN or any resident of TOWN to a county animal shelter; 2. COUNTY shall keep and maintain, at a county animal shelter, stray dogs and stray cats not suspected of having rabies, and delivered by TOWN or any resident of TOWN to the animal shelter for a minimum of 72 hours unless claimed by their owners. COUNTY may place any dog or cat not redeemed by its owner for sale or may dispose of the animal in a humane manner in accordance with law. COUNTY may destroy impounded animals which are sick or injured whenever necessary to prevent inhumane, unhealthy or dangerous conditions or circumstances; 3. COUNTY shall bill TOWN on a quarterly basis for services rendered; 4. COUNTY agrees to indemnify and hold TOWN including its agents and employees, harmless for all damages, injuries, and losses resulting from the negligent or willful acts of COUNTY, including its employees, agents, or volunteers. L RESPONSIBILITIES OF TOWN 1. TOWN shall pay COUNTY the sum of $7.00 per day for each animal impounded by COUNTY, pursuant to this Agreement; 2. TOWN shall pay COUNTY the sum of $3.00 for each animal destroyed by COUNTY pursuant to this Agreement; 3. TOWN shall pay COUNTY the sum of $7.00 per day for each animal impounded by COUNTY upon the request of any resident of TOWN. 4. TOWN shall make payments promptly upon receipt and verification of COUNTY invoice, no less than quarterly. 5. TOWN agrees to indemnify and hold COUNTY including its agents and employees, harmless for all damages, injuries, and losses resulting from the negligent or willful acts of TOWN, including its employees, agents, or volunteers. 6. TOWN shall pay COUNTY the sum of $10.00 for each animal submitted to the Arizona State Laboratory for rabies testing on behalf of TOWN or any TOWN resident. TERM OF AGREEMENT This Agreement shall be in effect until June 30, 2000. This Agreement may be renewed for subsequent one-year terms. Either party may terminate this agreement at any time by giving notice 90 days prior to the actual date of termination. Any renewal of or modification or amendment to the terms and conditions of this agreement shall be in writing and duly approved by both parties. L MARICOPA COUNTY TOWN OF FOUNTAIN HILLS a„__ Chairman,Board of Supervisors Mayor ATTEST: ATTEST: (1_ 1 Clerk, Board of Supervisors Town Clerk i /dt,ty, County Attorney own Attorney L The above intergovernmental agreement by and between Maricopa County and the TOWN of Fountain Hills has been reviewed for compliance with A.R.S. § 11-952, pursuant to paragraph D thereof and is determined that the agreement is in proper form and within the powers and authority granted under the laws of this state to the COUNTY and the TOWN. L TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Geir Sverdrup, Senior Plan DATE: December 10, 1999 SUBJECT: S99-004 Final Plat for Villa Estates at Town Center II Condominiums. This request for Final Plat is by Ty Coffindaffer of Visser Development. The applicant is requesting approval of the final plat for Villas Estates at Town Center II Condominiums. A Special Use Permit allowing multi-family residential in the "C-2" Zoning District AKA Town Center II, Lot 5 and the preliminary plat were approved by the Council on May 6, 1999. Please see the attached staff report for details. L TOWN OF FOUNTAIN HILLS STAFF REPORT December 16, 1999 CASE NO: S99-004 LOCATION: Final Plat Town Center II,Lot 5 REQUEST: Consider a Final Plat for "Villa Estates at Town Center Condominiums" ( aka Villas of Fountain Hills Condominiums) , a 46- unit condominium project. DESCRIPTION: APPLICANT: Ty Coffindaffer,Visser Development\ OWNER: Janez Investment L.L.C. EXISTING ZONING: "C-2" EXISTING CONDITION: Vacant PARCEL SIZE: 9.65 acres. SURROUNDING LAND USES AND ZONING: NORTH: U.S. Post Office, zoned "C-2"; SOUTH: Single Family (Crystal Ridge),zoned "R1-10 R.U.P.D.". EAST: Vacant(Future Community Center),zoned "C-2". WEST: Vacant, zoned "C-2". SUMMARY: This request is for approval of a final plat for the "Villa Estates at Town Center Condominiums" Declaration of Condominium, which subdivides cubic airspace,and is not a land sell project. The Town Council approved a Special Use Permit which allows for multi- family residential uses to be permitted in the existing "C-2" Zoning District and approved the preliminary plat at the Councils May 6, 1999 meeting. The request is located in the Lot 5,Town Center II subdivision plat. EVALUATION: The plan proposes 46 units on 9.65 acres at a gross density for the site of 4.76 dwelling units per acre. The proposed lot coverage is 32%. A landscape plan needs to be submitted for the site showing compliance with the requirements set forth in the Subdivision Ordinance Article VI. Accordingly staff requires a detailed landscape plan prior to the vesting of the special use. The proposed use is in compliance with the intents stated in the General Plan for this area . S99-004 Villa Estates at Town Center II Staff Report Page 2 o 2 The applicant, Visser Development., has chosen to convert a proposed multi-family complex into an 46-unit condominium and record a Declaration of Condominium to sell the units individually. The units will have a maximum livable area of 2000 square feet, a minimum livable area of 1,600 square feet, and a covered patio. Each unit will have a two-car garage. As of the writing of this report, Visser Development has not applied for a building permit. Staff reviewed this application against the M-1 Zoning District standards. The applicant is proposing a density of 46 single story units where, utilizing M-1 standards, the applicant could realize 77 units and be two stories (30 feet). The proposed lot coverage is 32% in lieu of the maximum 50% allowed by M-1 standards. This final plat is in conformance with the approved preliminary plat. ISSUES: Offsite improvements including landscape plans were submitted by Visser Development and reviewed by staff, there are no major outstanding issues. All remaining redlines and comments are minor informational items and will be corrected prior to recordation of the plat. Recommendation: Based on the Town of Fountain Hills General Plan land use designation, the current zoning, special use permit and the proposed subdivision design, and that the Town Council approved the Final Plat for the Villa Estates at Town Center II Condominiums on May 6, 1999, staff recommends approval of the final plat subject to the following stipulations: 1. 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A1 M]N]1N 11112 An CO M Z 011.0 O 0N (1 ' O 0 14( mzlilio W • W I_� i a L_ 11:1:11 HZ ril �.t11 1., C %Z. = Y DoAlre I 6 CI elk ■ FOCI. �NN 199Y oI ,19O l AI O m TIE,�A I H Al 111112H ,11.0:11 49'92 ,1 1'01 z.009a0e O O oure O Eill O Q I 00 Q y0� o.no CC) L 0ordw (.�,/ N—LI] ZII/� I I_Le.01 >— (n•- I 1 I OLLYd F— 4 z Nooua'reI H L— Al ON Ma PI 1 ]n'1 • Ism um 69 9 IL se—OI—zI e.PY9-3A Town of Fountain Hills Memorandum DATE: December 10, 1999 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder,Community Development Directo�. l� THROUGH: Paul L. Nordin,Town Manager SUBJECT: Eagle Mountain Parcel 15 Final Plat Eagle Mountain Investors,LLC is the applicant for this 40-lot, 25.22-acre single family subdivision. Parcel 13 is located at the far northeastern corner of the Eagle Mountain Development. Staff recommends Town Council approval of the final plat,Case Number S98- 050,with all of the stipulations listed in the staff report. L L TOWN OF FOUNTAIN HILLS STAFF REPORT DECEMBER 10,1999 CASE NO.: S98-050 LOCATION: Eagle Mountain Parcel 13, south of the Eagle Mountain Parcel 10 and 11 subdivisions and north of the Salt River Pima-Maricopa Indian Reservation. REQUEST: Consideration of the Final Plat of the Parcel 13 at Eagle Mountain subdivision. DESCRIPTION: OWNER: Eagle Mountain Investors L.L.C. APPLICANT:Eagle Mountain Investors L.L.C. EXISTING ZONING: "R1-10A" PARCEL SIZE: 25.22 Acres PROPOSED NUMBER OF LOTS: 40 SURROUNDING LAND USES AND ZONING: NORTH: Platted land within the Eagle Mountain Parcel 10 and 11 subdivisions, zoned "R1- 6A"and hole Number 2 of the Eagle Mountain Golf Course,zoned"OSR." SOUTH: The Salt River Pima-Maricopa Indian Reservation. EAST: Hole Numbers 5,6 and 7 of the Eagle Mountain Golf Course,zoned"OSR." WEST: Hole Number 3 of the Eagle Mountain Golf Course,zoned"OSR"and the Firerock Country Club development. SUMMARY: This request by Eagle Mountain Investors L.L.C. is for approval of a preliminary plat for the 25.22, 40 lot Parcel 13 at Eagle Mountain subdivision. The following staff report will review several aspects of the project, including the subdivision's design and its conformance with the Subdivision Ordinance and the Zoning Ordinance. Subdivision Design GENERAL DESCRIPTION: The site has not been previously disturbed. The subdivision will take its only access from the extension of Eagle Mountain Parkway, which will be developed to a collector road standard. The original application indicated that all of the proposed lots would be sold as ungraded custom lots. The applicant has revised the application to proposed to pregrade (fill) the anticipated pad locations on many of the downhill lots in the subdivision in order to dispose of extra fill being generated by other developments in the Eagle Mountain development. L Staff Report Eagle Mountain Parcel 13: S98-050 December 10, 1999 Page 2 All of the proposed lots conform to the "R1-10A" zoning district standards for size and lot width, except as noted in stipulation Number 11. All of the proposed roadways conform to those agreed upon in the Los Altos Hills (Eagle Mountain)Development Agreement. Recommendation Staff recommends Town Council approval of the final plat for the Parcel 13 at Eagle Mountain subdivision,Case Number S98-044,with the following stipulations: 1. Who will be responsible for developing and when will the Parcel 10 and 1 lroad alignment match Parcel 13. 2. Submit documentation (in the form of concept site plans) that Lots 2 and 13 are buildable without variances. These lots have uniformly steep slopes that abut the road and assess drives may be difficult to develop in keeping within a maximum 18% grade and retaining wall maximum heights in the front yard setback of 3.5 feet. Show that a single-family house can be developed on each of these lots without a cut/fill waiver, with a driveway not exceeding 18% slope,within the setbacks, etc. 3. Comply with the Town's technical comments on the Final Plat/Improvement Plans. 4. Prior to final plat recordation, provide subdivision construction assurances to the satisfaction of the Town Engineer. L O• N N g m P 1 th;a=; z i tlFx - §' z " m ejR; o _ O s .. a t° a. £Y F F 4 =Y .pip, V # d` $ zSli ,`�' z a «No `k'oF oa�uWt5.5 ��iR 1' _ Li W 67,-� C ■ >• F Yo z a W.: Wg .=� =Y90 4 s■ • z W O Ow iT'L &�^g igYo y M N '� Ws. $ Q F . fikW V Y_'.. � g� 71 �� F z ' z `: z kW �j: ";�"moo m ' - ! 6 ! I= ys so N u W O „,, w --- ;:id€, 00 ?gk8N z QE. .2 .7 Ng t%--; k y rs. 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A. - .�rL4 C/1 p lm g - -1L ILI T. _ `rJ '9'tSjO o - G Gp �7 W •r� 4 - a 60 Zn/1: 'I'CA UU5p3.�) C rINce 1 a m j1) ).S<v , y i rZ N aQ ¢m I w GGG ,aorw UZ-UJO ¢wwix ~ • fi<H Y 7 a, • w w co Z R .L9t a.9L.2 .00 - 2a' 1-Oo dC SL• a tr cc N o a X„ N ct • < 3t A 1- y1 t N z V .,e in $ C. 1 W o¢W 2 N ji n z^ _ ,r D 'i __ mom___ NJ6`t,4Ji ,.,, _ __ pp6[S+1,i Si n, 'S3 ', w x.W.60.59GGU1 `,�Js& )t 88 Lt0 010 -- n rd s ;-%,c'''' anon �J_ gMELVIEW ---_'.mni—'3 pn): a.no.00.ms .xm00.pe5• R '°°st`--- mg CZJ cr` ______AD•CL�___ ___ce 8Zm < : t wUm060 FnI 1 Yy Y .W� "E ^I osin1-co %age ,�)� N o82 ^ N N ;--_:_ n S`c n _ RWCm N^ g' a a. v inr. D.C1b1.695 �_ .Si L9C -� .SZ ffi L�SLi- a1 St -- .z1 Stt Ly. I N011tl Ai1353li NtlldNl tld iftlW Wild 83n18 11tl5 5 zouoroi-3.91 u61,,,,X'C01 p\661'&g—N 3110 OS1 290xB6S�x-313 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin,Town Manager FROM: Geir Sverdrup, Senior Planne DATE: November 24, 1999 SUBJECT: Preliminary Plat for FireRock Country Club Parcels "N&Q-3" (S99-028 &029). Please find attached staff reports for the FireRock Country Club Parcels "N & Q-3". The preliminary plat was recommended for approved by the Planning and Zoning Commission on December 9, 1998. Please refer to the attached staff reports for additional details regarding this request. L L TOWN OF FOUNTAIN HILLS PLANNING & ZONING COMMISSION REPORT DECEMBER 16, 1999 CASE NO.: S99-028 LOCATION: West of FireRock Country Club Drive, located within the Fire Rock Country Club Area Specific Plan. REQUEST: Consideration of the Preliminary Plat of FireRock Country Club Parcel "N" Subdivision, which is a 8.23 acre, 9 lot, 1 tract subdivision. DESCRIPTION: OWNER: Fire Rock L.L.C. APPLICANT: Dan Kelly for Fire Rock L.L.C. EXISTING ZONING: "R1-35 P.U.D." PARCEL SIZE: 8.23 Acres PROPOSED NUMBER OF LOTS: 9 lots, 1 tract SURROUNDING LAND USES AND ZONING: NORTH: Vacant, zoned "OSR P.U.D." (F.C.C.A.S.P.) SOUTH: Vacant,zoned "R1-35 P.U.D." (F.C.C.A.S.P.) EAST: Golf Course; zoned "OSR P.U.D." (F.C.C.A.S.P.) WEST: Vacant, zoned "R1-18 P.U.D." (F.C.C.A.S.P.) SUMMARY: This request by FireRock L.L.C. is for approval of the Preliminary Plat for the FireRock Country Club Parcel "N" Subdivision located west of FireRock Country Club Drive. The following staff report will review several aspects of the project, including the following: 1. A review of the FireRock Country Club Area Specific Plan, and the development's conformance with this plan. 2. The subdivision's design and its conformance with the Subdivision Ordinance and the Zoning Ordinance. Conformance with Fire Rock Country Club Area Specific Plan: The adopted General Plan Land Use Map was amended by GPA 97-01; Fire Rock Country Club L. Area Specific Plan. This area was designated for "Single-Family/Low" density land uses, with a unit range of 9-18 units and a proposed unit count of 9 units. Parcel "N" proposes 9 lots. The P&Z Commission Report FireRock Country Club Parcel "N" December 16, 1999 Page 2 proposed preliminary plat is in conformance with the FireRock Country Club Area Specific Plan and the adopted development agreements. After staffs review of the proposed Preliminary Plat Fire Rock Country Club Parcel "N" Subdivision, and the FireRock Country Club Area Specific Plan, staff believes that the proposed subdivision is in conformance with the FireRock Country Club Area Specific Plan. Subdivision Design GENERAL DESCRIPTION: The topography of the property for Parcel "N" is sloping hillside with areas of moderate to severe slopes, (exceeding 25%). Slopes of 20-30% and 30%+ are predominate in the proposed subdivision. There are few areas of less than 10% and 10-20% slopes, these are located in lots 1-3 and lots 7-9. The subdivision proposes no new streets off of the future FireRock Country Club Drive. All of the lots meet the "R1-35 P.U.D." zoning district's lot dimension requirements, including those for size and lot width. GRADING: The proposed subdivision complies with the Land Disturbance Standards of the Supplemental Development Agreement for FireRock Country Club. The applicant is providing projected disturbance limits on a lot by lot basis. The Supplemental Development Agreement for FireRock Country Club allows the applicant to provide the required amount of non-disturbance required by the subdivision ordinance in any slope category. Therefore the applicant has conducted a hillside analysis by slope bands and has determined the amount of required preservation. This amount will be distributed on each lot on the Final Plat. The numbers provided by the applicant are their current projected allocations for the disturbance area's lot by lot. Current projections for disturbance in Parcel "N" are above the disturbance limits projected by the development agreements, however every plat to this point has been below projected disturbances to allow for transfer to other parcels. This is the first such case. There are no off-site subdivision improvements associated with this plat. ISSUES: The Subdivision Technical Review Committee met with the applicant to discuss the preliminary design of the subdivision on October 27, 1999. The applicant has made changes to the original subdivision design which was reviewed by the Committee. The Subdivision Technical Review Committee issues are as follows with the applicant's response following: Community Development Department P&Z Commission Report FireRock Country Club Parcel "N" December 16, 1999 Page 3 1. Resubmit plan having a minimum scale of 1" =40' (Sec 203.A.1). RESPONSE:Plans have been revised to the new scale. 2. Provide the name of the contact person for subdivider under"Developer" on the Plat (Sec 203.C.2 & 3). RESPONSE: See revised plat. 3. Tie by course and distance two corners of the subdivision to separate section or quarter section corners on the plat map. RESPONSE: Two corners of plat are now tied to two separate section corners. 4. Typical plan and section needs to be revised to show max 18% slope not 21%. Section must show 10'cut/fill lines matching existing grade not an average grade. Draw to a scale that can be reviewed. (60 RESPONSE: See revised plat. 5. The required amount of natural preservation as required by the supplemental Development Agreement must be included on the plat on a lot by lot basis. Please provide a table with the required square footage for each lot. The Town is in possession of the amount of transferable hillside disturbance eligible from the 386 acres in each of the four slope categories as agreed to in the Development Agreement. The Town will track on a project-by-project basis these amounts of hillside disturbance transfers. It is the responsibility of the developer to leave adequate amounts of allowable hillside disturbance for later subdivisions to allow for their developability. RESPONSE:As in all the previous final plats in FireRock, the final plats for N and Q3 will contain a table indicating the allowed disturbance on a lot by lot basis. A preliminary list has been provided to the planning department. 6. Indicate all areas of significant vegetation and/or rock outcroppings and provide Hillside Protection Easements for each. RESPONSE:Agreed. 7. Submit concept site plans and conceptual Hillside Protection Easement locations P&Z Commission Report FireRock Country Club Parcel "N" December 16, 1999 Page 4 showing that a single family house can be developed on each of these lots, Parcel N lots 6-9, Parcel Q-3 lots 3-4, without a cut/fill waiver, with a driveway not exceeding 18% slope, within the setbacks, and in conformance with Section 504 of The Subdivision Ordinance for the Town of Fountain Hills. RESPONSE:Additional exhibits have been submitted to the planning staff showing how the lots can be accessed without a 10'cut/fill waiver and without exceeding 18%slope. 8. Banks shown for FireRock Country Club Drive appear to make several lots inaccessible. Show, in conjunction with comment#7, that a driveway can be cut into the banks with terraced retaining walls no taller than 42 inches and separated by at least 42 inches. RESPONSE: Lots 2, 3 and 4 in Q3 present the most difficult terrain. Lots 2 and 3 will have a common access way. Exhibits for the driveways on Lots 3 and 4 have been provided to planning staff. 1111r 9. Corner lots require a no-build easement or comparable easement (Sec 308.F) along street side yards if a non-buildable parcel, easement or additional right-of- way equal to the street side setback of the zoning district or twenty(20) feet, whichever is greater. Provide these easements or parcels of land as required in Sec 303.B.6. RESPONSE:Agreed; see revised preliminary plat. Fountain Hills Engineering Department General Comments 1. Show all easements (PUE, S/W, De, VNAE, etc.). RESPONSE:Agreed; see revised plat. 2. Plat bearings and distances are to match legal descriptions. RESPONSE: See revised plat. Preliminary Plat- Sheets 1 and 2 P&Z Commission Report FireRock Country Club Parcel "N" December 16, 1999 Page 5 Sheet 1 of 2 1. Require a metes and bounds legal description. RESPONSE: See attached plat. The legal description is the referenced master plat. The bearings and distances on the exhibit now match the FireRock Master Plat. 2. Correct notes as shown. RESPONSE: See revised plat. 3. Revise legend as indicated. Include building setback line (BSL). RESPONSE: See revised plat. 4. Revise street cross-sections as shown. Sidewalk is per MAG Std. 230. Revise cross-section A-A to show correct slope ratios and percent grades. RESPONSE: Street section along frontage of N is a local road. Sheet 2 of 2 1. See comment. Provide all bearings and distances for each lot. RESPONSE: See revised plat. 2. Show correct street names. RESPONSE:All known street names are correctly stated. Parcel 02 has not been platted. 3. Show/label all scuppers on FireRock Country Club Drive located near Lot 9. RESPONSE: See revised plat. 4. Show contour index labels. RESPONSE: See revised plat. 5. Does solid line within Lot 1 represent a building set-back line or retaining wall? Please clarify. P&Z Commission Report FireRock Country Club Parcel "N" \rr December 16, 1999 Page 6 RESPONSE: Building setback line. Line has been revised. BSB line and NBE line coincide. 6. Show roadway cut slope ratios (2:1 and 3:1) for lots along FireRock Country Club Drive. RESPONSE: See revised plat. 7. Provide 1'NVAE along front property line within Lot 4, 90' long measured from the northwest property corner. This prevents ingress/egress traffic from encroaching too close to the proposed sidewalk ramp. RESPONSE: Agreed; see revised plat. 8. Provide 1'NVAE along the FireRock Country Club front property line of Lot 1 measured from the corner curb return for a length of 50'. This is an area of transition from a minor collector to a local road standard. RESPONSE:Agreed; see revised plat. 9. Provide a drainage easement for channel flow through all lots, especially in Lot 9 near the scupper outlet area draining to Tract C. RESPONSE:A note exists on a cover page that states lot to lot drainage. A drainage easement has been added to take FireRock Country Club Drive flows through Lot 9. 10. Show Tract C (O.S. and D.E.). See FireRock Country Club Phase II Infrastructure plans. RESPONSE: Tract C has been revised to Tract A and a OS and DE called out for that tract. FireRock Country Club Drive Phase II plans will be revised to agree. 11. Submit a detailed plan proving that Lots 7 and 8 are buildable. There is an existing 42% cut slope on the frontage of both lots. Show proposed retaining walls, driveway locations and slopes (18% max). RESPONSE: Existing section/exhibit clearly allows for building driveway without exceeding 18%slope or 10' + waiver. Additional exhibits have been provided verifying these lots are buildable. P&Z Commission Report FireRock Country Club Parcel "N" December 16, 1999 Page 7 Fountain Hills Sanitary District This proposed subdivision appears to meet the requirements of the District. Planning and Zoning Commission: The Commission heard this request for preliminary plat approval at their December 9, 1999 Commission meeting. The Commission unanimously recommended approval of this preliminary plat Recommendation Based on the FireRock Country Club Area Specific Plan land use designation, the current zoning, and the proposed subdivision design, the Planning and Zoning Commission recommends that the Town Council approve the Preliminary Plat for the FireRock Country Club Parcel "N" subdivision. L 'THIN oJ� Itz TOWN OF FOUNTAIN HILLS 14.0, COMMUNITY DEVELOPMENT DEPARTMENT Date Filed 1 Fee Paid Accepted:I S-e(�l-t t 1..« �, /�1l ,t�e)0C /ter •� /e i�rrj/ Plat Name/Number FT-IZ PcJC" Kl c-Pcx rc I Al Parcel Size Number of Lots Number of Tracts Zoning General Plan Land Use Designation S %N Fhlvlr�� cc Density Requested (Dwelling Units Per Acre) le I lA /CZ Applicant Day Phone Ri I C'C k- L L ( `1 c '- 736 G'/// Addressq L { p G Cityit^ �[ // /ST Zip S/a &,?5 S c / 1 j('� I-i a ex //?ye; /—p U.V Tct,.�l//,/L/s Owner Day Phone /�:i-►= oc k LLC 5L 1- 7-36 r// Address City ST Zip ) 5 Fr's/ .s%eu ttl P c• go/ / � �, ;:: Ads � Attachments(Please list) :R C' S f is c4 Pct '"," u 19/Q f ti y u �yx� - f .,z 6- Se.21- C4 �a ti"A-1/ 1/ Re kr kICS / / /A, / �vv�/-1 �'t�c vsp , cT.., �ra i.�r� oArc( S. j/s �v.r Signature of Owner I HERBY AUTHORIZE (Please Print) Date _` l/ TO FILE THIS APPLICATION. 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''•••:-;,, %,;:-;',...:,1•'-'-'..".".e'-i—C::-.--- 4":::/' ,,'711-.;.•',.. ".,,,,;-•,:—:-..:•:!.:;41e/.;.:;.?../.../ .....--;.;.:/,. ..<) '.'.' •/:;-;--.-1::-...;-.:--:::--',/,'63.—"-•7:-".-..'"-//4,1'.'I.,/'P':: ... ,Ef••:.:-.:-.., i:t'.4.4-'''-: ''V 4 li::-....--'::::-...:".i';2.-- -:•,,::,,i,5-"-:_,;,7,:-'---•.;-''.."...-.:•::::--.*:/:::•:,.'...,;•//,,J,, ', :,,'\....M4:::•-;-,--- '•!.:•:::`'".: /.....;.,7,7'../%24,i 1.I''1,1'..it•:*:,‹C,-:=:,.....2)).... ,.:',;;." 7.";;;.....:... :,,.'//7,2'..;.•I..,. .. .I 412'- ..,....te '4.:;,...,•.......--,.;!. ;;-:.'-'-'.....././//,::::-::.':1•••,7/1/ 4111iire . ,///..-:-:::.•-, ,'i ;i: -:./ ,),.... .!(0i7,!_..),:;7/ ::::•;•." • ‘••:;!" :::i :-......,..,*•.:-'''' li r, *--_:z• --7: . _....._. • — -:---• ,.. .......— TOWN OF FOUNTAIN HILLS PLANNING AND ZONING COMMISSION REPORT DECEMBER 16, 1999 CASE NO.: S99-029 LOCATION: South of FireRock Country Club Drive, located within the Fire Rock Country Club Area Specific Plan. REQUEST: Consideration of the Preliminary Plat of FireRock Country Club Parcel "Q- 3" Subdivision, which is a 6.91 acre,4 lot,0 tract subdivision. DESCRIPTION: OWNER: Fire Rock L.L.C. APPLICANT: Dan Kelly for Fire Rock L.L.C. EXISTING ZONING: "R1-18 P.U.D." PARCEL SIZE: 6.91 Acres PROPOSED NUMBER OF LOTS: 4 lots SURROUNDING LAND USES AND ZONING: NORTH: Vacant, zoned "R1-18 P.U.D." (F.C.C.A.S.P.) SOUTH: Golf Course, zoned "OSR P.U.D." (F.C.C.A.S.P.) EAST: Golf Course; zoned "OSR P.U.D." (F.C.C.A.S.P.) WEST: Vacant, zoned "R1-18 P.U.D." (F.C.C.A.S.P.) SUMMARY: This request by FireRock L.L.C. is for approval of the Preliminary Plat for the FireRock Country Club Parcel "Q-3" Subdivision located west of FireRock Country Club Drive. The following staff report will review several aspects of the project, including the following: 1. A review of the FireRock Country Club Area Specific Plan, and the development's conformance with this plan. 2. The subdivision's design and its conformance with the Subdivision Ordinance and the Zoning Ordinance. Conformance with Fire Rock Country Club Area Specific Plan: The adopted General Plan Land Use Map was amended by GPA 97-01; Fire Rock Country Club Area Specific Plan. This area was designated for "Single-Family/Low" density land uses, with a Le„, unit range of 14-32 units and a proposed unit count of 4 units. Parcel "Q-3" proposes 4 lots. The P&Z Commission Report FireRock Country Club Parcel "Q-3" December 16, 1999 Page 2 proposed preliminary plat is in conformance with the FireRock Country Club Area Specific Plan and the adopted development agreements. After staffs review of the proposed Preliminary Plat Fire Rock Country Club Parcel "Q-3" Subdivision, and the FireRock Country Club Area Specific Plan, staff believes that the proposed subdivision is in conformance with the FireRock Country Club Area Specific Plan. Subdivision Design GENERAL DESCRIPTION: The topography of the property for Parcel "Q-3" is sloping hillside with areas of moderate slopes. Slopes of 20-30% are predominate in the proposed subdivision. There are few areas of less than 10% and 10-20% slopes, these are located in lots 1 & 2 . The subdivision proposes no new streets off of the future FireRock Country Club Drive. All of the lots meet the "R1-18 P.U.D." zoning district's lot dimension requirements, including those for size and lot width. GRADING: The proposed subdivision complies with the Land Disturbance Standards of the Supplemental Development Agreement for FireRock Country Club. The applicant is providing projected disturbance limits on a lot by lot basis. The Supplemental Development Agreement for FireRock Country Club allows the applicant to provide the required amount of non-disturbance required by the subdivision ordinance in any slope category. Therefore the applicant has conducted a hillside analysis by slope bands and has determined the amount of required preservation. This amount will be distributed on each lot on the Final Plat. The numbers provided by the applicant are their current projected allocations for the disturbance area's lot by lot. Current projections for disturbance in Parcel "Q-3" are right at the disturbance limits projected by the development. There are no off-site subdivision improvements associated with this plat. ISSUES: The Subdivision Technical Review Committee met with the applicant to discuss the preliminary design of the subdivision on October 27, 1999. The applicant has made changes to the original subdivision design which was reviewed by the Committee. The Subdivision Technical Review Committee issues are as follows with the applicant's response following: Community Development Department 1. Resubmit plan having a minimum scale of 1" =40' (Sec 203.A.1). P&Z Commission Report FireRock Country Club Parcel "Q-3" December 16, 1999 Page 3 RESPONSE: Plans have been revised to the new scale. 2. Provide the name of the contact person for subdivider under"Developer" on the Plat (Sec 203.C.2 & 3). RESPONSE: See revised plat. 3. Tie by course and distance two corners of the subdivision to separate section or quarter section corners on the plat map. RESPONSE: Two corners of plat are now tied to two separate section corners. 4. Typical plan and section needs to be revised to show max 18% slope not 21%. Section must show 10'cut/fill lines matching existing grade not an average grade. Draw to a scale that can be reviewed. RESPONSE: See revised plat. 5. The required amount of natural preservation as required by the supplemental Development Agreement must be included on the plat on a lot by lot basis. Please provide a table with the required square footage for each lot. The Town is in possession of the amount of transferable hillside disturbance eligible from the 386 acres in each of the four slope categories as agreed to in the Development Agreement. The Town will track on a project-by-project basis these amounts of hillside disturbance transfers. It is the responsibility of the developer to leave adequate amounts of allowable hillside disturbance for later subdivisions to allow for their developability. RESPONSE:As in all the previous final plats in FireRock, the final plats for N and Q3 will contain a table indicating the allowed disturbance on a lot by lot basis. A preliminary list has been provided to the planning department. 6. Indicate all areas of significant vegetation and/or rock outcroppings and provide Hillside Protection Easements for each. RESPONSE:Agreed. 7. Submit concept site plans and conceptual Hillside Protection Easement locations showing that a single family house can be developed on each of these lots, Parcel N lots 6-9, Parcel Q-3 lots 3-4, without a cut/fill waiver, with a driveway not MEMORANDUM L TO: Mayor& Council FROM: Stuart J. Shoob, Presiding Jur ge DATE: December 10, 1999 SUBJECT: Accounts Receivable Attached you will find the monthly Court report. It was an extremely busy month with 555 cases filed. In addition, we received new computers from the Supreme Court, along with upgraded software that has required intensive staff training. The Court has continued to phase out the old software we have been using since 1990, and this will be completed by December 31, 1999. In transferring files from the old to the new, we have made a painful discovery. We have been servicing approximately 124 files, dating from 1991 to 1997 for which there is no hope of ever collecting the default judgments. This is due to the fact that the tickets contain insufficient information to ever contact the defendant(i.e. no social security numbers, no driver's license numbers, no employment information and no telephone numbers). Attached hereto are examples of these tickets (each of you has a different ticket example). While we have tried to pursue collection of these cases, it is to no avail (see the second sheet which is a log of any Court action taken). This shows a complete dead end. Thus, in light of the fact that any further efforts to contact and/or collect on these cases is a complete waste of time, is extremely labor intensive and will result in no actual return, I have ordered the following procedures to be implemented: 1. Default judgments previously entered are to be set aside. This collective figure is approximately $90,000 (this is reflected on the November report). 2. These defendants driving privileges will remain suspended. 3. These files will be placed in an"inactive" file, but will not be dismissed. Should the defendant show up at the Court in the next millennium, due to a twinge of conscience, we will then pull that file and graciously accept payment. As a further action to eliminate this problem on citations, I have met with the Fountain Hills Marshall's Department and the Maricopa County Sheriff's Department in an effort to encourage deputies to obtain more information and even cite individuals for"Failure to Produce ID", a Class 2 Misdemeanor, when appropriate. Then if a defendant fails to appear, a warrant can be issued for their arrest (a warrant cannot be issued for a civil traffic offense). L The Court is presently developing a procedure to deal with those 1997 to 1999 cases, to eliminate uncollectible citations, and a procedure to deal with new citations where there is insufficient information to justify collection efforts, so that within 30 days these cases can moved to "inactive" status and our collection efforts can be better applied to finding and collecting from the bad guys we can actually find. I will be present at the council meeting to answer any questions or comments you may have. L Fountain Hills Municipal Court Monthly Report November 1999 CASES FILED MONTH FYTD COURT DPS MCSO FHMD PROS Civil Traffic 441 1,731 0 3 256 182 0 Criminal Traffic 47 232 0 1 32 14 0 Misdemeanor 65 238 0 0 39 14 12 OOP/IPH 2 31 2 0 0 0 0 November 1999 555 2,232 2 4 327 210 12 November 1998 386 2,363 28 0 279 71 8 CASES TERMINATED MONTH FYTD Civil Traffic 332 1,619 Criminal Traffic 36 196 Misdemeanor 39 232 OOP/IPH 2 31 L. November 1999 409 2,078 November 1998 305 1,957 HEARINGS/TRIALS HELD MONTH FYTD Civil Traffic Hearings 17 73 Traffic/Criminal Trials 2 5 Juvenile Hearings 10 49 PTC/OSC/SR Hearings 42 296 OOP/IPH Hearings 1 3 November 1999 72 426 November 1998 64 342 November 1999 Revenue Received $34,455 99-00 Fiscal Year to Date $ 193,330 November 1998 Revenue Received $ 29,018 98-99 Fiscal Year to Date $ 162,963 1999 Outstanding Balance $281,664 1998 Outstanding Balance $295,123 • . .State •dfrT e 9f Arizona ' Maricopa County Sheriff's Office //e) f , • Vs. ARIZONA TRAFFIC TICKET AND COMPLAINT COMPLAINT SSN MIUTARY 0 ACCIDENT 0 COMMERCIAL DR NUMBER A8 7 6 1 0 16 , ❑ FATAUTY 0 HAZ MATERIAL DRIVERS UCENSE NUMBER •! STATE CLASS ENDORSEMENTS ,0 MHNP• T X D . FIRST MIDDLE LAST EN DA NT l Crtgi-OS h'!Nil s— LADM RESIDENTIAL ADDRESS CITY STATE ZIP CODE TELEPHONE %lo L . 0 Vet K Kc ,,, A-Z- U►.IK 'y , P.O.BOX CITY STATE ZIP CODE SEX WEIGHT HEIGHT EYES HAIR ORIGIN DATE OF BIRTH RESTRICTIONS M 5(s k cL () t-il 2_ii- BUSINESS ADDRESS CITY STATE ZIP CODE TELEPHONE �4 �' �,, C1 -6a9/ COLOR YEAR MAKE MODEL STYLE LI PLATE CE SE STATE EXPIRATION VEHICLE IJ By t3 h c i4 z�- K3 5--Li Az H"PR- 955 REGISTERED OWNER V {«` ADQ S VEHICLE ID_EwNpRCA MBER r I 34. . :; n 0 NI �4tK S (�u4 ccOtq U�4�7 cl aLf33L 1 ) THE UNDERSIGNED CERTIFIES THAT: D�1 TIME POSTED ON `` llO et SPEED APPROX / R&P J SPEoED �UREMENT DEVICE DIRE OF TRAVEL LOCATION o / AT 51,,(,a fectpofrild MARICOPA COUNTY, ARIZONA THE DEFENDANT COMMITTED THE FOLLOWING: SECTION AR VIOLATION }�� 0 DOMESTIC ❑ CRIMINAL ❑ CRIMINAL TRAFFIC A q,C6 1,1,l Pc cc N (�J \�it-ct/> -( VIOLENCE �f ❑ MUNICIPAL CODE DOCKET NUMBER DISP.CODES DATE OF DISPOSITION ON Q 5-Ty17. �' 7 155 p1r_Kr 45 4•I Z•� Z� •CIVILTRAFFlC 0 PETTY OFFENSE SECTION Wt/ -'V AR VIOLATION 1 lf/ ❑ DOMESTIC ❑ CRIMINAL ❑ CRIMINALTRAFFlC `� N 3 O. ' Ifi eNk n r 1-T y ` VIOLENCE `'9 (` AIYIt�l7( V�� t"`�N ❑ MUNICIPAL CODE • KET NUMBER DISP.CODES DA OF DISPOSITION SANCTION . ^s rr -3q6^v C'li< �j b��c C[ -I t�J S 41 CIVIL TRAFFIC 0 PETTY OFFENSE SE1lCTIOO�N(�C.((�/ VV(J �(J AR VIOLATION_` ( 1 j� w 0 DOMESTICE ❑ CRIMINAL ❑CRIMINAL TRAFFIC Z O I CC C Piet LU D1"S ,) L UL/C DJ ❑ MUNICIPAL CODE C DOCKET NUMBER asfi12,349 cv QIS� CODES q OF DISPOSITION SANG_ TIQN �C t�C.GJ (_ / .G/!�) f J CB CIVIL TRAFFIC 0 PETTY OFFENSE — ON VIOLATION rnQrS4AJC ❑ uI�M EI CIE ❑ CRIMINAL ❑ CRIMINAL TRAFFIC V�) •0 Hfsb ` t-oof pe 'ri ❑ MUNICIPAL CODE DDOCKET NUMBER DISP.CODES DATE OF DISPOSITION ANCTION q J 7,,.s C`C / cr(_ / 393 t �j S'"' CIVIL TRAFFIC 0 PETTY OFFENSE SECTION �J(Jl V ARS VIOLATION`�J(`'`,f' utJ ❑ DOMESTIC ❑ CRIMINAL 0 CRIMINAL TRAFFIC VIOLENCE CC 0 MUNICIPAL CODE E DOCKET NUMBER DISP.CODES DATE OF DISPOSITION SANCTION M_` Q' 0 CIVIL TRAFFIC El PETTY OFFENSE JUDGE: 511066 066 eJ 3-7--�a� COURT: 4.l I e to YOU MUST V COURT NUMBER (6 51 APPEAR AT -->ADDRESS: 3,r 0 io c ( (�( 7 CITY: /I ka.As ARIZONA ZIP CODE {�'.J 16 _ V`I "1 / MONTH DAY YEAR TIME AT THE DATE AND TIME INDICATED --> Pru& 29 I.)" OEr'54:1 PM CRIMINAL: 0 Without admitting guilt,I promise to appear as directed herein. VICTIM NOTIFIED? 0 Yes 0 No CIVIL: 'v Without admitting responsibility,I acknowledge receipt of this complaint. I certify upon reasonable grounds,I believe the person named above committed the JUVENI . 0 Bring one arent acts described I have served a copy of this complaint upon the defendant. i e .(! )/JI LL (DJ, DEPUTY SERIAL NO. at t9 CCGIDEL 8500({ CC;;NIP-AIN; COPY ,._ ...__ I , • .. , - . . . , (ii,....., rill i favriarltiS-Loi A i,Raix_ 17ANT•443tiA-) L,4,t)1- STATUS 4 ,‘; :,..,,, .,.,,, ,s;:,,,,,,,a,,,, -,is zoi(cif o_ , , . pttiftALA to 1;199 . T (2.1ct 1 trL(A,-f- _ 9-. ittf NI UD OD Mr;u4-• . ) qi2i[cf f"-- 12122 :,,,r47; ,,,,,,,,,-..y1:42,,,,..,,t,„,,,, ,,,,.„ ,-. :., ,f,i MatT.6'4:-71,,clarlaiiiit'is i;;; , ", . - ,:-7.11.1riill *-; 'Li) ,".„: , i'4,,‘ '-';k_ .'. ''if— .ilt' ° CCI1A/Lt- . , 1 2z, 75 cot ,,,' "17,-''' -':. ,•'-',-.', 1-- ."..,''' ititi i i iv Au_ AND L E Fr A s te SS"AO E r a it --Alg,ft 4,50uT LIC. 5U.SP-. AND 7a 1-411/ 4 Cu. 7 .,..,;..,,,..' 4 ,'" .. '' T71 t4 q51 - 6,0i i , -st c Ai ,, , ,L .._ 4l, ,,.. , I74 lir is „ : ..... e.' ', l A/0 j 1..‘T/4/e.,- /I&' t 22 eis/r c p 4-61S- - 76r). L • 3 c - - ..-ro.--d--0 ,4 C-e-7 .25_1, 2 ,211S1/.C,. /.vT0 .4fr 7—,14.s. -r-r-..-.6=- 4/2z/1.9 we iiz 04,/4J• cc• •Ttr L TOWN OF FOUNTAIN HILLS MEMORANDUM L TO: The Honorable Mayor and Town Council THROUGH: Paul Nordin,Town Manager FROM: Geir Sverdrup, Senior Plan DATE: December 10, 1999 SUBJECT: Consideration of a special use permit application for a stealth wireless communications facility for Salt River Project to be located in Tract"B",Plat 430 and the SRP Glenbrook substation site. This request for special use is by Salt River Project. The Planning and Zoning Commission heard this application at the December 9, 1999 Planning and Zoning Commission meeting. The Commission unanimously recommended approval. Please see the attached Commission report for further details. L L TOWN OF FOUNTAIN HILLS PLANNING AND ZONING COMMISSION REPORT December 16, 1999 L CASE NO: SU99-10 LOCATION: East of Fountain Hills Blvd.,north of Glenbrook Blvd. and west of Ivory Dr.. REQUEST: Consider a Special Use Permit, which would allow a new wireless communication facility on an existing 65' high tower PROJECT MANAGER: Geir H. Sverdrup, Senior Planner DESCRIPTION: APPLICANT: Angela Castellano for SRP OWNER: Salt River Project EXISTING ZONING: "R-2" EXISTING CONDITION: Developed with a SRP substation & wireless facility (SU98- 03), Tract "B" is vacant with the exception of SRP power poles PARCEL SIZE: 67,430.88 square feet(1.548 acres). SURROUNDING LAND USES AND ZONING: NORTH: Vacant & single family, zoned "Rural —43 " (State Trust Lands)& "R1-8" SOUTH: Multi-family, zoned "R-2". EAST: Multi-family, zoned "R-2". WEST: Commercial, zoned "C-1". SUMMARY: This request was continued from the November 16, 1999 Commission meeting to the December 9, 1999 Commission meeting, to allow staff and the applicant to clarify the issue of ownership of tract "B". After several discussions with the applicant and the Town Attorney it has been discovered that the owner of record id the Plat 430 Property Owners and they are a defunct organization. There are back taxes due and the Town or the applicant may wish to pay the back taxes and file a quite title action to obtain ownership. None the less it is the opinion of the Town Attorney that this application may proceed through the public hearing process. Staff would request only that the issue of ownership be finalized prior to the vesting of the Special Use Permit. The request is for approval of a Special Use, which would allow a new wireless communication facility to be placed on an existing 65' high tower. SRP successfully applied for a special use permit for a wireless facility on the 70' pole directly south of this pole approximately one year ago. Wireless communication facilities are permitted in residential zoning districts with an approved Special Use Permit. The following is Chapter 2. Section 2.02 regarding Special Use Permits and Chapter 17 of the Town of Fountain Hills Zoning Ordinance, which states the Town's regulations regarding wireless communication facilities. P&Z Commission Report SU99-10 SRP Wireless December 16, 1999 Page 2 of 20 CODE REQUIREMENTS: CHAPTER 2 PROCEDURES 2.02 Special Use Permits. A. Purpose. Every zoning district contains certain buildings, structures and uses of land which are normal and complementary to permitted uses in the district, but which, by reason of their typical physical or operational characteristics, influence on the traffic function of adjoining streets, or similar conditions, are often incompatible with adjacent activities and uses. It is the intent of this ordinance to permit special uses in appropriate zoning districts, but only in specific locations within such districts that can be designed and developed in a manner which assures maximum compatibility with adjoining uses. It is the purpose of this section to establish principles and procedures essential to proper guidance and control of such uses. B. General Regulations. 1. Zoning district regulations established elsewhere in this ordinance specify that certain buildings, structures and uses of land may be allowed by the Town Council as conditional uses in a given district subject to the provisions of this section and to requirements set forth in district regulations. The Town Council is empowered to grant and to deny applications for use permits and to impose reasonable conditions upon them. 2. Any building, structure or use existing on the effective date of this ordinance which is reclassified as a special use by this ordinance for the district in which it is located shall be considered as meeting the conditions which would otherwise be imposed upon such use by this ordinance, and its continuance shall not be subject to issuance of a special use permit; provided, however, to the extent that such use fails to conform to the requirements of this ordinance, it shall be considered nonconforming as described in section 4.01, and its continuance shall be governed by all nonconforming use regulations applicable thereto. 3. Every special use permit issued shall be applicable only to the specific use and to the specific property for which it is issued. Upon completion and final inspection by the Zoning Administrator of any authorized structures, signifying that all zoning and site development requirements imposed in connection with the permit have been satisfied, the special use permit shall thereafter be transferable and shall run with the land, whereupon the maintenance of special conditions imposed by the permit, as well as the compliance with other provisions of this ordinance, shall become the responsibility of the property owner. P &Z Commission Report SU99-10 SRP Wireless December 16, 1999 Page 3 of 20 C. Special Use Permit Application. Application for a use permit shall be filed with the Community Development Department on a form prescribed by the Community Development Director. The application shall be forwarded to the Planning and Zoning Commission by the Zoning Administrator, and when required by the Zoning Administrator, shall be accompanied by a detailed site plan prepared in accordance with Section 2.04 showing all information necessary to demonstrate that the proposed use will comply with all special conditions as well as other regulations and requirements of this ordinance. An applicant shall furnish the Commission with any additional information it may consider relevant to investigation of the case. D. Commission Action and Findings. 1. It is the express intent of this ordinance that any use for which a special use permit is required shall be permitted in the particular zoning district, provided that all special conditions and requirements of this ordinance are met. Therefore, the action of the Commission shall be one of recommending approval or denial to the Town Council based upon its judgment as to whether the specified conditions have been or will be met. The Commission shall consider not only the nature of the use and the special conditions influencing its location in the particular district, but also the proposed location of buildings, parking and other facilities within the site, the amount of traffic likely to be generated and how it will be accommodated, and the influence that such factors are likely to exert on adjoining properties. The Commission may make such suggestions to the Town Council concerning ways a proposed project may be acceptable and compatible to the area. 2. Notice of the nature of the special use permit application and the date of the meeting at which it will be considered shall be posted on the property and shall be mailed to the owners of all real property within three hundred (300) feet of the external boundaries of the property for which application is made. The applicant shall be responsible for providing the names and addresses of these owners. *1 3. The Commission shall consider the application at the first regular meeting after the proper advertising procedures and period have been completed. The Commission, at this regularly scheduled meeting, shall either(1) make a recommendation to the Town Council, or continue the matter to a specified date (hut not longer than sixty (60) days from the date of the original hearing). Within sixty (60) days after the date of the original hearing, the Commission shall render its decision in the form of a written recommendation to the Council. The recommendation shall include the rationale for the recommendation. However, if the Commission is not able to make a recommendation to the Council at the continued meeting and the applicant does not consent to a further continuance, the matter shall be automatically forwarded to the Council with a recommendation for denial P &Z Commission Report SU99-10 SRP Wireless December 16, 1999 Page 4 of 20 4. It shall be the responsibility of the applicant to maintain the posting. The notice shall set forth the time and place of the hearing and include a general explanation of the matter to be considered and a general description of the area affected. 5. In order to recommend approval of any use permit, the findings of the Commission must be that the establishment, maintenance, or operation of the use or building applied for will not be detrimental to the public health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, nor shall it be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the town. 6. The Commission may recommend to the Town Council such conditions in connection with the use permit as it deems appropriate to secure the intent and purposes of this ordinance and may recommend such guarantees and evidence that such conditions are being or will be followed. 7. If the Commission finds that the application and supporting data do not indicate that all applicable conditions and requirements of this ordinance will be met, it may recommend denial of the special use permit. The Commission recommendation shall be mailed to the applicant at the address shown on the application. 8. Upon conclusion of the Commission's hearing, the Commission's recommendation shall be forwarded to the Town Council along with the application materials, staff report, written comments from the public, and minutes of the hearing. E. Council Action and Findings. 1. When the Town Council receives a recommendation from the Planning and Zoning Commission concerning a Special Use Permit application, it shall hear the request at the scheduled date and time specified in accordance to the Arizona Open Meeting Law, but no later than the next regularly scheduled meeting held at least eight (8) days after the Commission recommendation is received. The Council may adopt the Commission's recommendation, approve the Special Use Permit request with the conditions it deems appropriate, or deny the Special Use Permit. 2. The Council's decision shall be final and shall become effective immediately. Notice of the decision shall forthwith be mailed to the applicant at the address shown in the application. P&Z Commission Report SU99-10 SRP Wireless December 16, 1999 Page 5 of 20 *3 F. Time Limits. 1. The Council may establish a time limitation for special use permits. A building permit for the construction of any improvements allowed by any special use permit issued by the Town Council shall be secured within six (6) months from the date of approval. Any lapsing of the building permit prior to completion of the improvements will cause the Special Use Permit to become null and void. Prior to the termination of this time limit, the applicant may make a written request to the Town Council and the Council may reconsider said use permit to determine if the permit should be reissued for an additional time period or be terminated. There shall be no use permit fee for this extension request. 2. No person shall reapply for the same or substantially the same use permit on the same or substantially the same plot, lot, or parcel of land within a period of one (1) year from the date of denial of said use permit. G. Revocation. 1. Special use permits granted in accordance with the provisions of this ordinance may be revoked by the Town Council, if any of the conditions or terms of the permit are violated or if any law or ordinance is violated in connection therewith. The Zoning Administrator shall notify the permittee of a violation of a special use permit, in writing. If the violation is not remedied or the remedy is not substantially begun in the opinion of the Zoning Administrator within ten (10) days after notification, the owner/tenant should be notified that the Town Council will consider revocation of the permit at its next meeting. 2. Any special use permit issued by the Town Council shall be considered null and void if construction does not conform to the originally approved site plan. Any requests for deviations from the originally approved site plan shall be processed as a new use permit. H. Fee. The application for a special use permit shall be accompanied by a filing fee in an amount established by a schedule adopted by resolution of the Council and filed in the office of the Town Clerk. No part of the filing fee shall be refundable. Payment of the filing fee shall be waived when the petitioner is the town, county, school district, state or federal government. P &Z Commission Report SU99-10 SRP Wireless December 16, 1999 Page 6 of 20 CHAPTER 17 WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS 17.01 Purpose The purpose of this ordinance is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this ordinance are to: (1) protect residential areas and land uses from potential adverse impacts of towers and antennas; (2) encourage the location of towers in non-residential areas; (3) minimize the total number of towers throughout the community; (4) strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; (5) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; (6) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; (7) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; (8) consider the public health and safety of communication towers; and (9) avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, Town of Fountain Hills shall give due consideration to the Town of Fountain Hills General Plan, the Town of Fountain Hills Zoning Ordinance, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas. 17.02 Definitions As used in this ordinance, the following terms shall have the meanings set forth below: Alternative tower structure: means man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers. Antenna: means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. Backhaul network: means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network. Existing Structure: means light poles, power poles, chimneys, billboards, and other similar P &Z Commission Report SU99-10 SRP Wireless December 16, 1999 Page 7 of 20 structures which are placed within the Town at the time of adoption of this Chapter, except existing buildings. FAA: means the Federal Aviation Administration. FCC: means the Federal Communications Commission. Height: means, when referring to a tower or other structure, the vertical distance measured from the natural grade level to the highest point of the structure directly above the natural grade when such structure is not located in a platted subdivision. If the structure is located in a platted subdivision, the height shall be the vertical distance measured from the finished grade as shown on the subdivision grading plans or finished grade as shown on the individual lot's grading plans, (whichever is lower), to the highest point of the structure directly above the finished grade. In the event that terrain problems prevent an accurate determination of height. the Zoning Administrator shall rule as to height and appeal from that decision shall be to the Board of Adjustment. Pre-existing towers and preexisting antennas: means any tower or antenna for which a building permit has been properly issued prior to the effective date of this ordinance, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired. Tower: means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term also includes the structure and any support thereto. 17.03 Applicability. A. New Towers and Antennas. All new towers or antennas in Town of Fountain Hills shall be subject to these regulations. B. Exceptions. 1. Amateur Radio Station Operators/Receive Only Antennas. This ordinance shall not govern any tower, or the installation of any antenna, that is under the maximum building height of the zoning district in which such structure is located and which is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only operations. 2. Preexisting Towers or Antennas. Legally established preexisting towers and preexisting antennas shall not be required to meet the requirements of this ordinance, other than the requirements of Sections 17.04(F) & (G). P &Z Commission Report SU99-10 SRP Wireless December 16, 1999 Page 8 of 20 3. AM Array. For purposes of implementing this ordinance, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right. 17.04 General Requirements. A. Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. B. Lot Size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations. including but not limited to setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot. C. Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Community Development Director an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Town of Fountain Hills or within one mile of the border thereof, including specific information about the location, height, and design of each tower. Each applicant shall also provide a one-year build-out plan for all other wireless communications facilities within the town. The Community Development Director may share such information with other applicants applying for administrative approvals or special use permits under this ordinance or with other organizations seeking to locate antennas within the jurisdiction of Town of Fountain Hills, provided, however that the Community Development Director is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. D. Aesthetics. Towers and antennas shall meet the following requirements: 1. Towers shall, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness. 2. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials. colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings. 3. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. P &Z Commission Report SU99-10 SRP Wireless December 16, 1999 Page 9 of 20 E. Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. F. State or Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense. G. Building Codes; Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Town of Fountain Hills concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty(30) days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner's expense. H. Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Town of Fountain Hills irrespective of municipal and county jurisdictional boundaries. I. Not Essential Services. Towers and antennas shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities. J. Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Town of Fountain Hills have been obtained and shall file a copy of all required franchises with the Community Development Director. K. Public Notice. For purposes of this chapter, any special use request shall require public notice pursuant to Section 2.02 (C) of this Zoning Ordinance except that the notice required shall include posting of the property, and mailing to all property owners within 300 feet of the proposed use, and publication in a newspaper of general circulation regardless of any expression to the contrary in Section 2.02. P &Z Commission Report SU99-10 SRP Wireless December 16, 1999 Page 10 of 20 L. Signs. No signs shall be allowed on an antenna or tower. M. Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Section 17.08. N. Co-location and Multiple Antenna/Tower Plan. The Town of Fountain Hills encourages tower and antenna users to submit a single application for approval of multiple towers and/or antenna sites and to submit applications which utilize co-location with an existing wireless telecommunications provider. Applications for approval of multiple sites or for co- location with an existing provider shall be given priority in the review process. O. Security fencing. Towers shall be enclosed by security fencing not less than six (6) feet in height and no more than eight (8) feet in height, shall be constructed of a block or masonry, and shall be equipped with an appropriate anti-climbing device; provided however, that the Town Council may waive such requirements as it deems appropriate. P. Landscaping. The following requirements shall govern the landscaping surrounding towers; provided, however, that the Town Council may waive such requirements if the goals of this chapter would be better served thereby. L 1. Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from residential property. The standard buffer shall consist of a landscaped strip at least four (4) feet wide outside the perimeter of the compound. 2. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived. 3. Existing mature plant growth and natural land forms on the site shall be preserved to the maximum extent possible. 17.05 Permitted Uses. A. General. The uses listed in this Section are deemed to be permitted uses and shall not require administrative approval or a special use permit. B. Permitted Uses. The following uses are specifically permitted: Antennas or towers located on property owned, leased, or otherwise controlled by the Town of Fountain Hills provided a license or lease authorizing such antenna or tower has been approved by the Town of Fountain Hills. No such license or lease shall be issued for a tower located within three hundred (300) feet of any residentially zoned property until a public hearing has been held at a regular or special Town Council meeting. P &Z Commission Report SU99-10 SRP Wireless December 16, 1999 Page 11 of 20 17.06 Special Use Permits. A. General. The following provisions shall govern the issuance of special use permits for towers or antennas by the Town Council: 1. If the tower or antenna is not a permitted use under Section 17.05 of this chapter, then a special use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts. 2. Applications for special use permits under this Section shall be subject to the procedures and requirements of Chapter 2, Section 2.02, of this Zoning Ordinance, except as modified in this Section. 3. In granting a special use permit, the Town Council may impose conditions to the extent such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties. 4. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by an Arizona licensed professional engineer. 5. An applicant for a special use permit shall submit the information described in this section and a non-refundable fee established pursuant to Section 2.02 (H) of this Zoning Ordinance. 6. A Special Use Permit issued under this Chapter shall be conditioned upon verification by the Town Engineer or designee that such tower structure is structurally sound. Such verification shall be received by the applicant prior to submission. B. Towers. 1. Information required. In addition to any information required for applications for special use permits pursuant to Chapter 2, Section 2.02 of this Zoning Ordinance, applicants for a special use permit for a tower shall submit the following information: a. A Plan of Development as required in Section 2.04 plus zoning, General Plan classification of the site and all properties within the applicable separation distances set forth in Section 17.07(B), adjacent roadways, proposed means of access, elevation drawings of the proposed tower and any other structures, and other information deemed by the Community Development Director to be necessary to assess compliance with this chapter. P &Z Commission Report SU99-10 SRP Wireless December 16, 1999 Page 12 of 20 b. The setback distance between the proposed tower and the nearest residential unit and residentially zoned properties. c. The separation distance from other towers described in the inventory of existing sites submitted pursuant to Section 17.04(C) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known. d. Method of fencing, and finished color and, if applicable, the method of camouflage and illumination. e. A description of compliance with Sections 17.04(C), (D), (E), (F), (G), (J), (L), and(M), (N), (0) and (P), 17.07(A), 17.07(B) and all applicable federal, state or local laws. f. A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users. g. Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality. h. A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower. i. A description of the feasible alternative location(s) of future towers or antennas within the Town of Fountain Hills based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected. j. A statement of compliance with Federal Communications Commission (FCC)Radio Frequency (RF)exposure standards. 2. Noise. No permit shall be issued for any facility which generates a noise level greater than fifty decibels (50 db) as measured at the edge of the property upon which such facility is sited. 3. Factors Considered in Granting Special Use Permits for Towers. In addition to any standards for consideration of special use permit applications pursuant to Chapter 2, Section 2.02 of this Zoning Ordinance, the Town Council shall consider the following factors in P &Z Commission Report SU99-10 SRP Wireless December 16, 1999 Page 13 of 20 determining whether to issue a special use permit, although the Town Council may waive or reduce the burden on the applicant of one or more of these criteria if the Town Council concludes that the goals of this ordinance are better served thereby: a. Height of the proposed tower; b. Proximity of the tower to residential structures and residentially zoned district boundaries; c. Nature of uses on adjacent and nearby properties; d. Surrounding topography; e. Surrounding tree coverage and foliage; f. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness. g. Proposed ingress and egress; and h. Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in Section 17.06(B)(4) of this chapter. 4. Availability of Suitable Existing Towers, Other Structures,or Alternative Technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Town Council that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's a proposed antenna. An applicant shall submit information requested by the Town Council related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following: • a. No existing towers or structures are located within the geographic area which meet applicant's engineering requirements. b. Existing towers or structures are not of sufficient height to meet applicant's engineering requirements. c. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. d. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna. P &Z Commission Report SU99-10 SRP Wireless December 16, 1999 Page 14 of 20 e. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable. f. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable. g. The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low- powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable. 17.07 Minimum Setbacks and Separation A. Setbacks. The following setback requirements shall apply to all towers: provided, however, that the Town Council may reduce the standard setback requirements if the goals of this chapter would be better served thereby: 1. Towers must be set back a distance equal to at least one hundred percent (100%) of the height of the tower from any adjoining lot line. Provided, however, that separation distances from residential uses shall be in accordance with Table 1 set forth below. 2. Accessory buildings must satisfy the minimum zoning district setback requirements. B. Separation. The following separation requirements shall apply to all towers and antennas provided, however, that the Town Council may reduce the standard separation requirements if the goals of this chapter would be better served thereby. 1. Separation from off-site uses/designated areas. a. Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1. b. Separation requirements for towers shall comply with the minimum standards established in Table 1. L P &Z Commission Report SU99-10 SRP Wireless December 16, 1999 Page 15 of 20 Table 1 Separation Requirements From Offsite Uses/Areas Off-site Use/Designated Area Separation Distance Single-family or duplex residential units 200 feet or 300% of tower height, whichever is greater Vacant single-family or duplex residentially 200 feet or 300% of tower height, whichever is zoned land which is either platted or greater has preliminary plat approval which is not expired Vacant unplatted residentially zoned lands; 100 feet or 100% of tower height, whichever is greater Existing multi-family residential units greater 100 feet or 100% of tower height, whichever is than duplex units greater Non-residentially zoned lands or non- None, only setbacks apply residential uses 2. Separation distances between towers. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2. *1 Includes modular homes and mobile homes used for living purposes. *2 Separation measured from base of tower to closest building setback line. *' Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan and any multi-family residentially zoned land greater than a duplex. L P &Z Commission Report SU99-10 SRP Wireless December 16, 1999 Page 16 of 20 Table 2 Separation Distances Between Towers Monopole 65 ft. in Monopole less Monopole less height or than 65 than 40 greater ft.in ft. in height height but greater than 40 ft. in height Monopole 65 ft. in 2,000 feet 1,500 feet 1,000 feet height or greater Monopole less than 65 ft. in 1,500 feet 1,500 feet 1,000 feet height but greater than 40 ft. in height Monopole less than 40 ft. in 1,000 feet 1,000 feet 750 feet height 17.08 Buildings or Other Equipment Storage. A. Antennas Mounted on Structures or Rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following: 1. The cabinet or structure shall not contain more than one hundred-twenty (120) square feet of gross floor area or be more than eight (8) feet in height and shall be located on the ground. 2. Equipment storage buildings or cabinets shall comply with all applicable building codes. P &Z Commission Report SU99-10 SRP Wireless December 16, 1999 Page 17 of 20 B. Antennas Mounted on Utility Poles, Light Poles, or Towers. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following: 1. In residential districts, the equipment cabinet or structure may be located: a. In a required front yard or required street side yard provided the cabinet structure is no greater than three and one-half(3.5) feet in height or twenty (20) square feet of gross floor area and the cabinet/structure is located a minimum of three (3) feet from all lot lines. The cabinet/structure shall be screened by sight-obscuring landscaping which obscures at least ninety- five percent (95%) of the structure at planting and throughout the duration of the cabinet or structure's existence with an ultimate height not to exceed forty-two (42) inches. b. In a required rear yard, provided the cabinet or structure is no greater than five (5) feet in height or one hundred-twenty (120) square feet in gross floor area. The cabinet/structure shall be screened by sight-obscuring landscaping which obscures at least ninety-five percent (95%) of the structure at planting and throughout the duration of the cabinet or structure's existence with an ultimate height of six (6) feet. c. The entry or access side of a cabinet or structure shall be gated by a solid, sight-obscuring gate that is separate from the cabinet or structure. 2. In commercial or industrial districts the equipment cabinet or structure shall be no greater than fourteen (14) feet in height or three hundred (300) square feet in gross floor area. The structure or cabinet shall be screened by sight-obscuring landscaping with an ultimate height of sixteen (16) feet and a planted height of at least six (6) feet. The entry or access side of a cabinet or structure shall be gated by a solid, sight-obscuring gate that is separate from the cabinet or structure. Such access way shall not face residentially zoned property. C. Modification of Building Size Requirements. The requirements of Sections 17.08(A) through (C) may be modified by the Town Council in the case of uses permitted by special use to encourage collocation. 17.09 Co-Location. L A. Good Faith. Applicants and permittees shall cooperate and exercise good faith in co- locating wireless telecommunications facilities on the same support structures or site, if P &Z Commission Report SU99-10 SRP Wireless December 16, 1999 Page 18 of 20 the Town so requests. Good faith shall include sharing technical information to evaluate the feasibility of co-location, and may include negotiations for erection of a replacement support structure to accommodate co-location. A competitive conflict to co-location or financial burden caused by sharing such information normally will not be considered as an excuse to the duty of good faith. B. Third Party Technical Review. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the Town may require the applicant to obtain a third party technical study at the applicant's expense. The Town may review any information submitted by the applicant and permittee(s) in determining whether good faith has been exercised. C. Exceptions. No co-location may be required where the shared use would or does result in significant interference in the broadcast or reception capabilities of the existing wireless telecommunications facilities or failure of the existing wireless telecommunications facilities to meet federal standards for emissions. D. Violation; penalty. Failure to comply with co-location requirements when feasible may result in denial of a permit request or revocation of an existing permit. L 17.10 Removal of Abandoned Antennas and Towers. Any antenna or tower that is not operated for a continuous period of ninety (90) days shall be considered abandoned, and the owner of such antenna or tower shall remove the same within ninety (90) days of receipt of notice from the Town of Fountain Hills notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said ninety (90) day period shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower for the prescribed period. 17.11 Nonconforming Uses. A. Not Expansion of Nonconforming Use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure. B. Pre-existing towers. Pre-existing towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this chapter. P &Z Commission Report SU99-10 SRP Wireless December 16, 1999 Page 19 of 20 C. Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Notwithstanding other provisions of this chapter, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain a special use permit and without having to meet the separation requirements specified in Sections 17.07(A) and 17.07(B). The type. height, and location of the tower onsite shall be of the same type and intensity as the original facility approval; provided, however, that any destroyed lattice or guyed tower shall be replaced with a monopole structure only. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within ninety (90) days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Section 17.10. EVALUATION: SRP proposes to utilize an existing 60' tall tower in the community. This meets many of the goals stated in Section 17.01, specifically (3) minimize the total number of towers throughout the community; (4) strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; (5) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; (6)encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design...; (7) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; (8) consider the public health and safety of communication towers; and (9) avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. Goals (3 & 4) are met by utilizing the existing facility. Goals (5 & 6) are met by minimizing the visual impact by using panel antennas. Goal (7) is met by the existing 70' tower height reducing the need for future towers which would be shorter and not providing the coverage area that this tower can provide. Goals (8 & 9) are met by the fact that the existing tower is engineered and designed to carry power lines and distribute power. Section 17.08.B specifically addresses antennas mounted on utility poles. The SRP sub-station has one 70 tower on the site which already house a wireless antenna array, for a total of 80' in height, and this 65' tower to the north along the Town's northern boundary line (located in tract "B" of Plat 430). The proposed structure is typical antenna array and will match the existing array to the south. The array will increase the height of the pole to 75'. The structure will be mounted to the top of the existing tower and consist of lattice to which the panel antennas will be attached. This application meets the requirements for separation of cellular towers. The supporting building to house the related equipment will be located on the north side of the substation, adjacent to the existing wireless equipment yard. and is proposed to be enclosed with a 10' high wall to match the existing facility wall. As staff has reviewed the Ordinance a 6' high wall is the maximum permitted in residential zoning districts. Walls as tall as 8' are permitted for screening of outdoor storage in commercial and industrial zoning districts. As the site is proposed a 6'high wall would compromise the security and safety of the adjacent substation. A 10' high wall P &Z Commission Report SU99-10 SRP Wireless December 16, 1999 Page 20 of 20 would provide adequate. Staff has discussed the wall height with the Town Attorney's office during the last wireless special use permit for this site and stated that the special use process. as a legislative act, may provide the Town Council the ability to waive the lower wall and approve the proposed 10' high wall. Chapter 17 requires that the tower facilities be landscaped. The existing tower is located adjacent to the alley on the west side of the site and landscaping would serve no purpose. The related facilities are adjacent to residential properties across Caliente Wash. A landscape plan for the wall and building housing the cabinets needs to be submitted for review and approval by staff. PLANNING AND ZONING COMMISSION: The Commission held a public hearing on this request at the December 9, 1999 meeting. There was no one from the public who wished to address this request. One commissioner was concerned about the issue of ownership. The stipulation crafted by staff addressed the commissioners concerns. The application was unanimously recommended for approval. RECOMMENDATION: Staff recommends approval of SU99-10, Special Use Permit to permit a new wireless communication facility on the existing 65' high tower, with the requirement that a landscape plan for the wall elevation along Caliente Wash be submitted for review and approval by staff prior to installation of the antenna array and subject to the stipulation that the issue of ownership be solved either by submittal of a title report showing SRP as the owner or by letter of authorization from an established owner. L a 'iij-i; TOWN OF FOUNTAIN HILLS -44 COMMUNITY DEVELOPMENT DEPARTMENT - - IS SEPERMIVAPPLICA?l4 Filed L 1 (� j Fee Paid (..A din!2,r1 ! Accepte• :`:/ Type of Special Use Requested �� `� I / /�� 6 reGLAt- a-7 te't't tT' Tv at.Thil A 14 IKELEgS car-,r-, . Fisctu ry oil 4.1 S\qTt 136 6(.;' Address of Subject Property Zoning w� t.z Legal Description: Plat Block Lot(s) Applicant SALT n 1V Day Phone I� a'� P(' £cT ; c% Ie&ELA QASTE Lt,AnIo (va2) 23� 2 Address MAIL STA . PAS - , F.O. c20zS J City PNol:N he STA 2 J ZIs07 2 Owner Day Phone SA(,T (Zt\iEr-- FC03 r- Address c-, ��E R S J City ST I Zip Signature of Owner I HERBY AUTHORIZE(Please Print) Date Omps4 0.,,,,,A-„,,- ,_, uV TO FILE THIS APPLICATION. Subscribed and sworn before me this / ti day of Lce-- ,02_ 1 , 1999 y Commission Expires /Ci -,--22 7- 9 ; Notary Publik 1 r•^ I SEAL i4* 1R;MARTNEY Please Provide the Following (attach additional sheets): y)) "' , ;�' rcorwcouxty (f L; MY comm.expires Oct.25.1999 1. Mailing labels with names and addresses of all property owners within 300 feet of the external boundaries of the subject property. 2. 3 full size prints (preferably 24"X36") of the site plan showing minimum zoning requirements and the proposed development if the Special Use Permit is granted, as well as the exterior elevations. 3. 1 8.5" X 11" photostatic reduction of each of the above referenced exhibits. 4. Describe the proposed use, the operations of the use, and the facilities proposed for the land use. 5. A narrative describing any adverse impact the proposed land use may have on the surrounding properties and on the neighborhood and what steps will be taken to avoid these adverse impacts. TFH Case Number Schedule Attached r,~'' e o o - IA € si 9 ale .• Q -=1 jo mom i _ ' 3 3 a WI(00, le. a 2 . 2; : a, 2 IIIW �s y 5 bi gums, ! 7 .Zog_ 1 i 12 c9-,...2 . — b y 2 h ..,..,„7. ,. ,, ,, ME a W ...-. ' ° z.- ae a ILO t, ca .3 f1yp QC '� W 0 D. ). �'- !fy!y z 7 �d .103 W . ♦'` co LL -Q 0z 1 i (DO N e • ` — t 4 s ts ti % - 1 i/ /,y�-!b, 3 8 O jf, � / i I y2 j/ i 2. . o j I <1 %• !(' c 4 = �P i o u. _ k, %/ 311] �t' I !2 � •.. 770M ... /_• I GPv / o i _ i f i i i" .- IIi/ — U " ;iL } W C-Y d '� r.,i ,sc ,sc— 1 izza: K I� i I 0070 }4—,21 7 -..d 1 r 1 II. 1 ! ,0-,ZCZ d 1 I d:o a i 1 TS I Le. "4.1. *,,f1- -—•-----------•—•-------------------------------------•OA78 S77/H NIV1NPO — ——— ————— L_ TOWN OF AIN IIILLS .V\ � .� , " _. 77 a rVy .- _ 1- l - < c / .. A ('- �w f AAA AAA A ei, 7��.R T J7 1 1 t\ '' l t x. r a• i j— — — - - — ' -µ ----- ' - — r r' 1 1 + ����- { ® I rr q ]t A `• l 1 _ � q A AA 1 A } 6A� s' \-- .\>,- - ''''''-'''''''''''','''';z A t a 2 1 A 5 \ a r { %- 1 I : , 1 A• { 1 - ' Art 1 is l I LL9EED A A kr, TRAKIC LIGHT STANDARDS �A EXISTING HIP POLES EXISTING* PLATFORMS FOR f WIRELESS TELECOMMUNICATIONS " ® EXISTING MDOOLES/TGVERS 11 ENN- /'V,1 G'�IV1 GRAPHIC BCALX ANATC IRRCRTT P SSS PARAIw LGT LIDR STAAmARDSI T t T T. T T 40 *PLATFORMS LOCATED IN SECTION 28 ARE ,.N _ ATHLETIC rzu LIGHT STANDARD EXPECTED TO BE REMOVED AND THE UTILITY N STREET LIGHT STANDARD LINES UNDERGROUNDED. 0 VATER INK Town of Fountain Hills Memorandum DATE: December 10, 1999 TO: The Honorable Mayor and Common Council FROM: Dana Burkhardt, Planner TRHOUGH: Paul L. Nordin,Town Manager SUBJECT: Ordinance 99-35, Rezone for Lots 5 and 6 , Block 6, Plat 412B from "R1-43" to "C-1", Case Number Z99-23. Rider Land and Development LLC has applied to rezone Lots 5 and 6, Block 6, in Plat 412-B from the "R1-43" to the "C-1" Zoning District. On August 6, 1998 the Town Council amended the Future Land Use Plan Map of The Fountain Hills General Plan to redesignate the site from the "Single-FamilyNery Low" (SFNL) to the "General Commercial/Retail" (C/R) land use designation. On December 9, 1999 the Planning and Zoning Commission recommended Town Council denial of the proposed rezone, on a 6-0 vote. On October 30, 1998 Town Council denied the first request to rezone this property. The site is located on the southwest side of Shea Boulevard, northeast of Firebrick Drive and southeast of the Firerock Resort Casitas Condominiums. The"C-1"Zoning District would permit a variety of commercial retail and office uses on the site. Please see the staff report for a complete listing of these possible uses. Staff has received the necessary letters of protest to require a super-majority vote(six of the seven Councilmembers)of the Council in order for Ordinance 99-35 to become effective. Staff recommends that the Town Council should reconsider the rezoning of this site until after the commercial development in the Town Center area is completed. Please see the staff report for further details. L TOWN OF FOUNTAIN HILLS PLANNING & ZONING COMMISSION AND STAFF REPORT DECEMBER 16, 1999 CASE NO.: Z99-23 CASE MANAGER: Dana Burkhardt,Planner LOCATION: Immediately southwest of Shea Boulevard, northeast of Firebrick Drive and southeast of the Firerock Resort Casitas Condominiums. The property included in this rezone consists of Lots 5 &6,Block 6,Final Plat 412-B. REQUEST: Consideration of a rezoning application to rezone Lots 5 & 6, Block 6, Final Plat 412-B from "R1-43" Residential Zoning District to "C-1" Neighborhood Commercial and Professional Zoning District. DESCRIPTION: OWNER: Rider Land&Development L.L.C. APPLICANT: Stephen J. Ventre, Adolf Schiller, Victoria I. Schiller, Trustee,Donald D. Gheens,Juana J. Gheens EXISTING ZONING: "R1-43" PROPOSED ZONING: "C-1" PARCEL SIZE: 2.61 Acres SURROUNDING LAND USES AND ZONING: NORTH: Existing developed and undeveloped commercial lots in Plats 704 and 705 (Texaco gas station)zoned"C-2" and Cereus Wash, zoned"R-5" SOUTH: Existing developed and undeveloped single-family lots within Plat 412-B, zoned"R1-43" and the Salt River-Pima Indian Reservation. EAST: Partially-developed commercial uses in the crossroads Convenience Center (Wendy's, Arby's and Taco Bell), zoned"C-2". WEST: Existing developed and undeveloped single-family lots within Plats 412-B, zoned"R1-43" and the Firerock Resort Casitas Condos, zoned"R-5". SUMrv1ARY: This request by Rider Land & Development LLC is for approval of a rezone for the site from the "R1-43" to the "C-1" Zoning District. On August 6, 1998 the Town Council approved an amendment to the Future Land Use Plan Map of the Fountain Hills General Plan that redesignated the site from the "Single-Family/Very Low" to the "General CommercialfRetail" land use designation. Planning&Zoning Commission and Staff Report Rezone: Z99-23 December 16, 1999 Page 2 The applicant has indicated to staff that he intends to develop the site with a combined office and retail project. The contemplated uses include general highway oriented retail, restaurant, and general professional office uses. A conceptual site plan has been submitted. This conceptual plan has not been reviewed to determine if the site plan is in conformance with applicable zoning standards. On December 9, 1999 the Planning and Zoning Commission recommended denial of this rezone application due to the existing over abundance of commercially zoned property and the adjacent low density single-family housing. Staff has received the necessary petition of protest to require a super-majority vote (six of the seven Councilmembers) of the Council in order for Ordinance 99-35 to become effective. APPLICABLE ZONING REGULATIONS: The following uses are permitted in the "C-1"Zoning District: A. Uses Permitted in the C-O Zoning District. 1. Any business office in which chattels or goods, wares, or merchandise are not commercially created, repaired sold or exchanged. 2. Offices for: a. accountant b. advertising agency c. architect d. business association e. chiropodist f. chiropractor g• collection agency h. dentist i. engineer j. geologist k. insurance broker 1. lawyer m. labor union n. marriage counselor o. minister p. naturopath Planning&Zoning Commission and Staff Report Rezone: Z99-23 December 16, 1999 Page 3 q. optometrist r. osteopath s. physician t. private detective u. private employment agency v. professional membership organization w. public stenographer x. real estate broker y. surgeon z. surveyor aa. talent agency bb. telephone message service other similar professional and semi-professional work. 3. Banks, building and loan associations, savings and loan associations, credit unions, finance companies, and investment companies. 4. Studios for photography, fine or commercial arts or other professional work. 5. Medical and clinical laboratories. 6. Post office. 7. Pharmacy, when in conjunction with a medical center consisting of offices occupied by five (5) or more doctors provided that there shall be no outside entrance for business purposes, and that no sign or display be located so as to be visible from a public thoroughfare or adjacent property. *4 B. Uses Permitted in C-1, C-C, C-2, and C-3, Zoning Districts are as follows: 1. Commercial Uses a. Amusement arcades b. Bakeries c. Banks d. Barbershops e. Bookstores, other than adult bookstores f. Child care centers g. Delicatessens, No Alcoholic Beverages Planning&Zoning Commission and Staff Report Rezone: Z99-23 December 16, 1999 Page 4 h. Dry-cleaners and self-serve laundries i. Dry-goods and notions j. Florists (retail) k. Food Stores 1. Gift Shops m. Hardware stores n. Insurance agencies o. Mortuaries p. Pharmacies q. Photo shops r. Photo studios s. Real estate offices t. Restaurants, No Alcoholic Beverages u. Variety stores v. Wearing apparel stores. 2. Professional Office Uses a. All professional uses permitted in a C-O Zoning District. b. Land surveyors c. Dental and related health professional offices d. Medical laboratories e. Private schools for academic instruction f. Veterinary clinics, no outdoor facilities Other similar professional offices. 3. Public and Quasi-Public Uses a. Churches b. Golf courses including club houses located thereon, but not including miniature courses or practice driving ranges operated for commercial purposes c. Libraries, museums, parks, playgrounds, and community buildings. d. Public Schools e. Publicly or privately owned or operated fire stations, and publicly owned or operated police stations and post offices *9 f. Utility Services, but not including offices, waste water treatment plants, generating plants, and wireless communication towers and antennas, unless otherwise specifically permitted elsewhere in the Planning&Zoning Commission and Staff Report Rezone: Z99-23 December 16, 1999 Page 5 ordinance. Because no list of uses can be complete, decisions on additional uses will be rendered by the Community Development Director with appeal to the Town Council. ANALYSIS: On August 6, 1998 the Town Council voted 6-0 to amend the General Plan land use designation for the site from"Single-family/Very Low"to "General Commercial/Retail" land use designation. Staff believes that there are six issues to consider. They are: 1. Should the Town create additional commercially-zoned land ? 2. Will the commercial development be a detriment or a benefit to the residential areas south and east of the project site ? 3. Will commercial development on this site further the Town's goals of providing an attractive entryway into the Town or will it be objectionable? 4. Will commercial development on the site create additional traffic congestion and new safety concerns for those traveling on Shea Boulevard ? 5. Is it possible for the property to be developed residentially,as currently zoned ? If not, is it the Town's responsibility to act, by rezoning the site, to ensure the land's economic viability ? 6. Will commercial development on the site be an economic benefit to the Town ? The General Plan clearly identifies the fact that the Town contains an overabundance of commercially zoned land. The Plan also is very focused on encouraging viable commercial development in the Town Center area, and discourages the development of secondary commercial nodes that could detract from the future viability of the Town Center. However, the Economic Development Element includes language calling for the additional commercial development on Shea Blvd. for larger commercial developments that would not be viable in the Town Center. 1. Will the commercial development be a detriment or a benefit to the residential areas south and east of the project site ? The development of the site, as shown on the conceptual site plan (attached), shows that all access will be from Shea Blvd. The applicant has verbally offered to provide the Town with f a non-vehicular access easement along Firebrick Drive that would ensure that sole access to f „„ the property is taken from Shea Blvd. If the site were developed commercially, the Town Planning&Zoning Commission and Staff Report Rezone: Z99-23 December 16, 1999 Page 6 would require a six-foot solid wall, 25 feet from the Firebrick right-of-way that would act as a buffer between the commercial development and the residential uses south and east of the site. Prior to the first hearing for this rezone, heard by the Planning and Zoning Commission on October 16, 1998, staff had met with several property owners in the Firerock area of the Town. Staff had received numerous telephone calls from nearby residents regarding the proposed rezone. All of these residents have voiced opposition to the proposed rezone. Staff had also received a formal petition from a group of abutting property owners. 2. Will commercial development on this site further the Town's goals of providing an attractive entryway into the Town or will it be objectionable ? The conceptual site plan does not show any type of entry or monument signage. The General Plan specifically addresses the issue of creating attractive entryways to the Town. The rezone would result in the further commercialization of Shea Boulevard with strip retail/commercial development. The Commission and Council need to decide whether such a development will be more attractive and welcoming than three single-family homes. 3. Will commercial development on the site create additional traffic congestion and new safety concerns for those traveling on Shea Boulevard ? There is currently a non-vehicular access easement along Shea Boulevard prohibiting the three existing single-family lots from taking access to Shea Boulevard. The retention or removal of this easement is at the sole discretion of the Town. The Town Engineer has identified several traffic/circulation issues that will need to be resolved if the Town desires to remove the non-vehicular access easement after the approval of the rezone. The applicant has submitted a traffic study for the site. Possible mitigation measures by the developer to address the anticipated circulation issues include but are not limited to the following: •. Constructing a third travel lane on Shea Boulevard, •. Constructing an additional acceleration/deceleration lane on Shea Boulevard, •. Severely limiting the number of driveways into the development, •. Construction of a traffic signal at the driveway entrance, •. Improving the Cereus Wash box culvert for the additional Shea Boulevard improvements, and •. Improving the Shea Boulevard median to facilitate a left turn lane. 4. Is it possible for the property to be developed residentially, as currently zoned ? If not, is it Planning&Zoning Commission and Staff Report Rezone: Z99-23 December 16, 1999 Page 7 the Town's responsibility to act, by rezoning the site, to ensure the land's economic viability? The property currently consists of three single-family zoned lots, all of which exceed one acre in size. All three lots have rolling terrain and are generally situated lower than Firebrick Drive, but generally higher than Shea Boulevard. The lots abut Shea Boulevard,much like the existing residential lots and homes along Trevino Drive, west of Saguaro Boulevard. It is staff's opinion that these lots are developable for single-family land uses. 5. Will commercial development on the site be an economic benefit to the Town ? The commercial development of the site will economically benefit the Town by adding to the Town's sales tax revenue. Staff does not have any sales tax revenue projections. RECOMMENDATION: There are many significant issues relating to this application that the Planning and Zoning Commision and Town Council should review. The Town Council has amended the General Plan to enable commercial development on this site, and the proposed rezoning is now consistent with the General plan.There has been, however, significant neighborhood opposition to the proposed rezone and the possibility that the rezoning will be a detriment to the full commercial development in the Town Center. Staff recommended denial of the proposed general plan amendment and the previous rezoning requests largely based on our belief that additional non-highway oriented commercial development (such as the proposed smaller-scale retail and office uses that are permitted in the "C- 1"Zoning Districts) would negatively impact the amount of commercial development that could be sustainable in the Town Center. The main benefit to the Town in rezoning this land to the "C-1" Zoning District is the increase in sales tax revenue received by the Town. If the Town delayed the rezoning of the site until after the development of the Town Center, the Town would forego some sales tax revenue in the intervening period, but it would give the Town Center its best chance for success. If the commercial development of this site is still practical after the development of the Town Center area, the Town could rezone the site at that time. Based on the findings listed in this report and the existing surrounding development, staff and Planning and Zoning Commission recommend to the Town Council DENIAL of the proposed rezoning. Planning&Zoning Commission and Staff Report Rezone: Z99-23 December 16, 1999 Page 8 If the Town Council approves the proposed rezoning, staff recommends the following stipulations: 1. Prior to building permit approval, the property owner shall submit and gain approval of a set of improvement plans for improvements within and abutting the Shea Boulevard right-of- way to the satisfaction of the Town Engineer. Those stipulations are attached in Randy Harrell's October 22, 1998 memorandom, and Jim Luebners December 4, 1999 memorandum. 2. Prior to any Certificate of Occupancy for the site , all required public improvements in and along the Shea Boulevard right-of-way shall be completed and accepted by the Town. 3. The applicant shall apply for and gain Town Council acceptance of a Non-vehicular Access Easement for the Firebrick Drive frontage of the property and the abandonment of the Non- vehicular access Easement along the properties frontage on Shea Boulevard. L L FL\ \ ft - q � TOWN OF FOUNTAIN HILLS ORDINANCE 99-35 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, AMENDING THE OFFICIAL ZONING DISTRICTS MAP OF THE TOWN OF FOUNTAIN HILLS, ARIZONA BY DESIGNATING 2.61 ACRES OF LAND, AS GRAPHICALLY SHOWN IN ATTACHMENT "A" AND AS LEGALLY DESCRIBED AS LOTS 5 AND 6, BLOCK 6, ARIZONA FINAL PLAT 412B, FROM THE "R1-43" SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT TO THE "C-1", NEIGHBORHOOD COMMERCIAL AND PROFESSIONAL ZONING DISTRICT. WHEREAS, The Town of Fountain Hills adopted Ordinance #93-22, on November 18, 1993, which adopted the Zoning Ordinance for the Town of Fountain Hills; and, WHEREAS, Chapter 2, PROCEDURES. Section 2.01, Amendments or Zone Changes. establishes the authority and procedures for amending the zoning district boundaries; and, WHEREAS, Chapter 3, ESTABLISHMENT OF ZONING DISTRICTS AND BOUNDARIES likkr THEREOF, Section 3.02 Boundary Lines on the Zoning District Maps establishes the "Official Zoning District Maps"; and, WHEREAS, Public hearings were advertised in the November 24, 1999, December 1, 8 and 15, 1999 editions of The Times of Fountain Hills and Rio Verde, pursuant to Arizona Revised Statutes §9-462.04, and, WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission on December 9, 1999 and by the Mayor and Common Council on December 16, 1999. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Section 1. The "Official Zoning District Maps" shall be amended to change the Zoning District Designation of 2.61 acres of land, which is graphically depicted in Attachment "A" and legally described as Lots 5 and 6 Block 6, Fountain Hills, Arizona Final Plat 412B from the "R1-43" Single-Family Residential Zoning District the "C-1" Neighborhood Commercial and Professional Zoning District. PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Ordinance 99-35 Page 1 of 2 Fountain Hills, Arizona, this 16th day of December, 1999. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Sharon Morgan, Mayor Cassie B. Hansen, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Paul L. Nordin, Town Manager William E. Farrell, Town Attorney L Ordinance 99-35 Page 2 of 2 4 Yr 7- 2X9412\ \ 60 .. PROPOSED REZONING 4 (..... - 3A 11t - 64 R1 _ 43 TO c _ i 65 4 3B 24, 66 69° 68 67 Or N'XiA as 1111 , W & —Y CEREUS WASH s i. . . CP, ile 4 s',,\,\\:(w>•,,,, >, Life .>: (hoe' rbyt,Q, / ,-.. Li 111Cif N • >, • \'•\ ,, 1.19:P\III 1 6 • ,..„ . imrsz , „ . , , II i If 1111 7 ' i 11 , -,-,_ <<` 7 20 I , , . • - \Aims , LEGEND 11 AREA TO BE / /- / 1":200' REZONED // , // ////LI - - Attachment "A" r TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Dana Burkhardt FROM: Jim Leubner 3Z&- DATE: December 4, 1999 RE: Z99-23, First submittal of conceptual site plan The Engineering Department has reviewed the most recent site plan and traffic report (9-14-98) of the proposed development of Plat 412B, Lots 5 and 6, and recommends the following stipulations as outlined in this memo. Please note that all previous stipulations for the prior re-zoning application as submitted by the Town Engineer (Randy Harrel) on October 22, 1998 are still applicable and required for any future development of these lots. I have attached Randy Harrel's previous comments and stipulations and added the following stipulations as part of the first review of this proposed conceptual site plan (10-27-99). New stipulations (12-4-99 - Jim Leubner): • Revise the traffic report. The east entrance to Parcels 6 and 7 shall need to be analyzed and studied in reference to the allowed number of lanes both for ingress and egress. The Town's initial response prior to a revised traffic report, is to only allow one right-in lane and one right-out lane. • All parking aisles need to be 26' wide. • Revise the plan to show MCDOT's approved Shea Blvd alignment and new street section width. • Other engineering site review comments will be addressed at a later date. bb att. L Rider Rezoning Request.doc Chron TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Jeff Valder FROM: Randy L. Harrel, Town Engineer \' Affl)\ DATE: October 22, 1998 RE: Rezoning Request for Rider Land & Development, LLC Plat 412-B, Block 6, Lots 5, 6, and 7 Recommended Stipulations As requested, the applicant has made a first submittal of a Traffic Impact Analysis for the above site. The report indicates that: • The site will generate 772 vehicles per day, including 122 vehicles in the peak hour. • The current satisfactory levels of service will not be significantly reduced at the Saguaro, Monterey, or Beeline Highway intersections with Shea Blvd. • Neither a traffic signal nor an all-way stop will likely be warranted at the project driveway. • No traffic safety concern was revealed. • No access should be permitted at Firebrick Drive. The Engineering Department has reviewed the report and returned its first submittal comments to the applicant's traffic engineer. Based on the proposed sketch site plan and the Traffic Impact Analysis, the Engineering Department would recommend the following stipulations for the rezoning: • The applicant should obtain an abandonment of the "No Vehicular Access" restriction along Shea Blvd from the Town Council (the applicant has applied for this abandonment). • A l' V.N.A.E. should be granted along the Firebrick Drive frontage. • The applicant should construct the third eastbound through lane on Shea Blvd on the property frontage. [Note: This widening is currently being designed for the Town, through MCDOT, and is scheduled for construction in mid-1999. If that roadway project precedes this proposed commercial project, reimburse the Town for its costs along the property frontage.] • Construct an eastbound right-turn deceleration lane for the west driveway. • Construct a westbound left-turn lane into the existing landscaped median for the east driveway. • Revise the east driveway location to align with the Crossroads Convenience Center driveway. Modify the median noses to fit that driveway location. • Revise the west driveway for a narrower opening onto Shea Blvd. Rider Rezoning Request.doc Page 1 of 2 Chron 33s • If a traffic signal is warranted at the easterly driveway within 5-years after final acceptance of the project improvements, participate 50% in its cost. The Town will not require a bond for the signal (since it is not thought likely to be needed), but will reserve lien rights on the property for this work. • Construct a 3" traffic signal conduit across the proposed east driveway, and a ?" traffic signal coordination conduit across the full Shea Blvd frontage, with #5 pull boxes. • Extend the Cereus Wash box culvert as required, and construct a lightwell in the culvert at the center median. • Construct a 6' meandering concrete sidewalk in the Shea Blvd right-of-way from the Texaco Station parking lot into this project. • Construct an 8' concrete bike/pedestrian way from the project site into the Cereus Wash box culvert (this would allow pedestrians to cross under Shea Blvd.) • Construct a 5' sidewalk along Firebrick Drive from the Mirage Resort Casitas into the project. • Landscape the Shea Blvd and Firebrick Drive right-of-ways. • Provide scour protection and native landscaping for the east half of the adjoining Cereus Wash property (Town-owned). • The Engineering Department does not see any need for a "Welcome to Fountain Hills" sign on this property. There is more than ample room in the Shea right-of-way if desired, but this property is on the wrong (left) side of Shea Blvd for entering, westbound traffic. • Place 2 fire hydrants at 1,000' ±spacing along Shea Blvd, in addition to any other hydrants needed for on-site fire protection. • Connect an 8" water line to the waterline at the Firebrick/Last Trail intersection if needed for fire flow or reliability. bb L Rider Rezoning Request.doc Page 2 of 2 ''r is / ' 2 rr _ S '\ / December 2, 1999 %ii...- PETITION le: Zonin Case Z99-23. Lots 5 & 6, Block 6, Plat 412B. 2.61+ Acres. Ale the undersigned, to the best of our knowledge, own property within 300 feet of the subject property and do hereby' protest the rezoning of this property to commercial/retail from R1 -43 . Dur reasons will be voiced individually to the town council by letter, E-mail, fax and/or by personal appearance before the Council meeting. The reason for this petition is to assure that the Town Council will invoke the "super" vote rule as stated in House Bill 2621 enacted in 1998 , which simply states that if 20% of the property owners protest a zoning application, then it will require a 75% majority of council members voting to approve said zoning. It is our belief that the signatures herein exceed the requiired 20% needed to enact the "super" vote law and we hereby request that this "super" vote be required on this issue. NAME ' ADDRESS PROPERTY *7e/. ', Fo gh ,v, 11- rtellr/ c/c l of is ¢/Z.8 ,8/o cc 5 96c/6 (;-772, .e,,,L . ti/4)-- .y/c2.6) .4/ce/(J u.�L 90 FO 1, V �`' /� a� s ' P ' 600' , N-k. 9eto ,u1 yeA.Mi_4A., Adi,6 •/4, i-// 45 66.cx- s- , (a./t.,,.: Li 4, j:._ 1L9 -1 :. , .i,f LA- /*,- iT %1-< icy (� Lv17ti��� C i ___ 6)L' L/9 i.:% y''`Y L. Z. ;C'4_ t f-L �. C ir, l C�' ( j 7 t t — _ r , =/ r i L `„ KA7F -2._ W L ? 1, December 2, 1999 PETITION le: Zonin Case Z99-23. Lots 5 & 6, Block 6, Plat 412B. 2.61+ Acres. We the undersigned, to the best of our knowledge, own property within 300 feet of the subject property and do hereby' protest the rezoning of this property to commercial/retail from R1 -43 . Our reasons will be voiced individually to the town council by letter, E-mail, fax and/or by personal appearance before the Council meeting. The reason for this petition is to assure that the Town Council will invoke the "super" vote rule as stated in House Bill 2621 enacted in 1998, which simply states that if 20% of the property owners protest a zoning application, then it will require a 75% majority of council members voting to approve said zoning. It is our belief that the signatures herein exceed the requiired 20% needed to enact the "super" vote law and we hereby request that this "super" vote be required on this issue. L or/7 1Locz S NAME "/ /61146G /e ADDRESS 4 CZ /�i� 964.4 /t) 7`"/�c�,e/(C4 �' �� �jZ g PROPERTY •� / /ws ie � -7-pG7.J /eV d t�Si er26s /42 aS • L ett/�� t TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT Date filed 1 Fee Paid Accep k) NOV qci Location of Subject Property Lvp Legal Description: Plat 4// n Block Lot(s)�. Applicant/Owner ] � � /� � �, Day Phone Address c4si"+vy4i Pm/a o/1 - '� .L•� 6oz• &12 ,840Z /s 7o 5 Rjt gC eizip Ave., Citypoa 494•i, v STAZ Zip85-2448, Current Zoning Proposed Zoning General Plan Land Use Classification `" / C-/ G c Ieect _ Proposed Land Uses Acres Units Gross Density Single Family Multi-Family Commercial 'L• (P ',l 24 D Sc, 1 g1. •� d1 D 'ndustrial dging Other 1. Describe the current water service serving the area. /711 1, s11 &UP - 6 " /,) 7 e Z 2. Describe water service infrastructure improvements needed to serve the area. /4- 3. Describe current sewer system serving the area. Se gun/ 4. Describe the sewer system improvements needed to serve the area. / � 5. Describe the existing street system that would provide vehicular access to the area. Citrree Ace,ess s' A-pa---qoAre---- 6. Describe any new streets needed or anticipated in the area or as a result of the proposed rezoning. N/A TFH Case Number (Attach additional sheets if necessary) Page 1 of 2 - November 5, 1999 Rezoning request Land Use Plan a1 . The problems that exist under the current zoning ",, classification are as follows: _z a. The topography is such that the lots are cut off `f' from the neighborhood and are oriented towards Shea Blvd. They sit significantly lower than the existing Fire rock Drive, and consequently any housing constructed can `3 only be oriented to the Shea Blvd. commercial corridor, or v would require extensive re-grading and filling to orient the 4 housed to Fire rock drive.. Tr b. Access and egress from Fire rock Drive will require z extensive grading and paving for single family housing. im_ii •u c. The proximity to such a busy street could pose a C Lr, hazard to children and pets if the lots are developed as Z single family housing. CDo d. The ever increasing noise level from the Shea Blvd. U traffic is a definite deterrent to development of the lots as il L single family homes. c_, o The proposed rezoning would permit low density co commercial development both physically and aesthetically isolated 'i�':'bN„ i from the abutting neighbors to the south. By re-grading the lots A _l . lower than they now are, and placing a landscape buffer along .. t,t_ is Al' o Fire rock Drive, the proposed development will be completely �t, � � screened from the adjacent housing, effectively forming a barrier --` 0 p between the neighborhood and the busy Shea Blvd. corridor. fy 5 2. The existing Land use designation is General Commercial. This designation was approved by the City Council in 1998. 15705 E. Richwood Avenue Q 3. The proposed land use does not alter the general plan's Fountain Hills,Arizona land use of the area, merely inserts a buffer zone between single 11 L'lfamily residential and the busy Shea Blvd. corridor. Direct[602] 692-8412 2 Fax [480] 837-8154 4. The vegetative features are noted on the land plan and are Ue-mail rlandd@aol.com consistent with the surrounding area. 1 on the web @ rideriand.com 5. A slope analysis is attached hereto. Li 2993 • 6. Circulation Plan: Attached hereto The traffic flow at the site is primarily one of commuters and recreational traffic passing through the area. The development of the site should not appreciably alter the Traffic flow, merely provide an opportunity to interrupt the flow as people take advantage of the convenience of shopping on their way to and from. It would also put a halt to the neighborhood practice of exiting on to Shea blvd. Illegally from Lot # 7. Proposed uses for the site, are designed to take advantage of the existing traffic flow rather than create a destination. A definitive traffic study has been completed by CK Engineering, Inc. Showing no quantifiable impact for the proposed project. 7. Parks, Recreation and Open Space Plan: These considerations are generally not addressed by the proposed development. This area is designated on the land use plan as landscaped area. B. Infrastructure Impact: Water and sewage services would be greater than those required of three single family homes, however it would be consistent with the development along Shea Blvd. and would not exceed the capacity of the services available in the area. 9. Tax Impact: The resulting completed development would increase both the property tax, and the sales tax revenue for the Town of Fountain Hills. Rezoning Request: Zoning Classification - Neighborhood Commercial and Professional Zoning District. C-1 General statement: The developer intends to create a combined office and retail project, that will be consistent in quality and design, with the successful project constructed by the developer, across the street on Plat 706 at 1 71 00 e. Shea Blvd. The contemplated uses include general highway oriented retail, restaurant, and general professional office uses. These uses are expected to take advantage of the existing east bound commute and recreational traffic already on Shea Blvd. Tentative development schedule Upon receipt of the rezoning, the developer anticipates a period of approximately six to nine months to complete preliminary leasing and working drawings, a period of approximately six months for building permits to be processed then construction could start, one phase at a time with an eventual completion approximately three years from the start of construction. Respectfully submitted, n Stuart L. Rider Managing Member Rider Land & Development LLC. 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R ! i ii ; ill 1fl , • aut Ea.l weoo..R Rwa i` ' ,1 v%,4 TOPOGRAPHC Anderson - Nelson, Inc. ....N....le.n .soa w S `;•� ` E�wrq"dowdy.sky....Nrr..4dl+a"r1Arwkpwrf•*Avid, (002) 273-1850 .." ._- . CanbrrNbn Yry,�m�nf-CarnprAw SNrie r rw ii'� ibii us qu __, I. Ii Al , - 0 �, \ y, i' i �'� I• /: r a i / /N� � / _ / oed�a / /, /" i VV. _ 7- ' E g i 7 - .. T Hai 0 9 88. 8'Di 8�O v'. O 88'S ,S Y. ate; • r,.. 1_1. ii LOTS 56. GIi1! - ; E ANALYSISConstruction wMwmnnf-Computer Swerve Irow CNA AZ wa 114-1172 AZ1Wl1 1137.6412 Town of Fountain Hills Law Memorandum DATE: December 10, 1999 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder, Community Development Directoit� THROUGH: Paul L. Nordin,Town Manager SUBJECT: Zoning Ordinance amendment initiation to give the Council the ability to modify building setbacks for non-residential buildings in multi-family zoning districts through the Special Use Permit process. Staff has been contacted by a resident who would like the Town Council to consider initiating an amendment to Section 11.03 of The Zoning Ordinance for the Town of Fountain Hills that would give the Town Council the ability to modify building setbacks for non-residential uses in some of the Town's multi-family zoning districts. The Council would be able to modify setbacks on a case-by-case basis as a part of a Special Use Permit. The resident,Mr. Art Ursu,desires to build a nursing home at the intersection of El Lago Boulevard and Verde River Drive. Mr. Ursu's building permit for the nursing home expired Caw about one year ago. In order for the same or a similar development to be permitted under today's more restrictive multi-family setback regulations,the Council could,if this amendment were approved and if a future Special Use Permit approved,enable the approval of a new building permit for the nursing home. The following is the proposed amendment to Section 5.06 of The Zoning Ordinance for the Town of Fountain Hills(New text is shown as double-underlined): 11.03 Uses Subject to Special Use Permit in an M-1, M-2, M-3, R-3, R-4, and R-5 Zoning District are as follows: A. Hotels and motels in an R-5 Zoning District only. B. Nursing homes,convalescent homes and homes for the aged. *7 C. Non-residential building over 30 feet in height,but not to exceed 40 feet in height. D. Required setbacks for non-residential buildings may be modified at the discretion of the Town Council. All uses subject to a special use permit are subject to the lot coverage, setback, density and other requirements stated in Chapter 11, Section 11.09, of this Ordinance. Sign regulations for a C-1 Zoning District are applicable for a hotel/motel use in an R-5 Zoning District. Staff recommends Town Council initiation.