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HomeMy WebLinkAbout1999.1216.TCREMP.Packet 4 AIN�l
� 41
o t NOTICE OF REGULAR AND EXECUTIVE SESSION
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FOUNTAIN HILLS TOWN COUNCIL
Mayor Morgan
Vice Mayor Apps Councilwoman Wiggishoff
Councilman Wyman Councilman Poma
Councilman Mower Councilwoman Hutcheson
WHEN: THURSDAY, 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.
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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.
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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.
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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
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YOU MU
ST NOTIFY THE DEPARTMENT OF LIQUOR OF ANY CHANGES OF BOUNDARIES,
ENTRANCES, EXITS, OR SERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM.
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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
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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.
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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
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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
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(Signature of TARP PUBLIC)
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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
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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
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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
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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 /���
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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
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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
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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.
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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.
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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. Prior to recordation of this plat all remaining improvement plan redlines and
comments shall be resolved
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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.
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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
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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)
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Applicant
Day Phone
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Addressq L { p G Cityit^ �[ // /ST Zip
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Owner Day Phone
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Address City ST Zip
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Signature of Owner I HERBY AUTHORIZE (Please Print) Date
_` l/ TO FILE THIS APPLICATION.
Subscribed and sworn ore me this day of , 19
My Commission Expires
Notary Public
(Seal) •
TFH Case Number
r'ee Schedule Attached c
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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a 'iij-i; TOWN OF FOUNTAIN HILLS
-44 COMMUNITY DEVELOPMENT DEPARTMENT
- - IS SEPERMIVAPPLICA?l4
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Subscribed and sworn before me this / ti day of Lce--
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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
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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.
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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.
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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
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Attachment "A"
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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.
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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.
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Rider Rezoning Request.doc Page 2 of 2
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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
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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 �'
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PROPERTY •�
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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.
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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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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.