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HomeMy WebLinkAbout2000.0203.TCRMP.Packet ��TAIN
4,o 4 NOTICE OF REGULAR SESSION
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g• OF THE
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� tst
4�. FOUNTAIN HILLS TOWN COUNCIL
that is .
Mayor Morgan
Vice Mayor Apps Councilwoman Wiggishoff
Councilman Wyman Councilman Poma
Councilman Mower Councilwoman Hutcheson
WHEN: THURSDAY, FEBRUARY 3, 2000
TIME: 6:30 P.M.
WHERE: TOWN HALL COUNCIL CHAMBERS
16836 E. Palisades, Building B
(bw
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 during the meeting,please
adhere to the following rules of order if you wish to speak:
1) All citizens wishing to speak must first be recognized by the Mayor.
2) The Mayor will not call for public comment on an item until after a motion has been made and seconded and the Council has had
adequate opportunity to discuss the item.
3) Please stand,approach the microphone and state your name and address after being called on to speak.
4) All comments must be directed to the Mayor.
5) TIME LIMIT—THREE(3)MINUTES PER PERSON PER ITEM.
6) Statements should not be repetitive.
7) Persons or groups wishing to make longer presentations should see the Town Clerk prior to the meeting.
• CALL TO ORDER—Mayor Morgan
• PLEDGE TO THE FLAG—
• INVOCATION—
• ROLL CALL
Consent Agenda:
All items listed with an asterisk (*) are considered to be routine, non-controversial matters and will be enacted by one
motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all
recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a
Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an
item on the consent agenda, they may request so prior to the motion to accept the consent agenda. The item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda.
Town Council Meeting Agenda Regular Session February 3,2000
*1.) Consideration of APPROVING THE MEETING MINUTES of January 18 and 20,2000.
*2.) Consideration of the SPECIAL EVENT REQUEST submitted by the Fountain Hills Chamber of Commerce
for the Annual Great Fair. The event will be held Friday and Saturday,February 25th and 26th from 10:00 a.m. to
5:00 p.m.; and Sunday,February 27th from 8:00 a.m. to 5:00 p.m. The event will require the closure of Saguaro
Boulevard between El Lago and Parkview from 5:30 p.m. Thursday, February 24th thru 6:00 a.m. on Monday,
February 28`h. The Avenue of the Fountains will be closed at 5:30 p.m. on Thursday,February 24t.
*3.) Consideration of the PRELIMINARY PLAT for the 15.26± acre, 10-lot, 2-tract, Firerock Country Club
Parcel P-1, located in the Firerock Country Club Subdivision south of Shea Boulevard, Case Number S99-046.
*4.) Consideration of the PRELIMINARY PLAT for the 6.58± acre and the 15.58± acre, 21-lot, 1-tract,Firerock
Country Club Parcels P-2 and Q-1, located in the Firerock Country Club Subdivision south of Shea Boulevard,
Case Number S99-047.
*5.) Consideration of the PRELIMINARY PLAT for the 6.70± acre, 10-lot, Firerock Country Club Parcel M-1,
located in the Firerock Country Club Subdivision south of Shea Boulevard,Case Number S99-034.
*6.) Consideration of AWARDING THE CONTRACT for Fountain Park Phase I Improvements Re-bid to (to be
announced following the bid opening on 2/1/00)in the amount of(to be announced 2/1/00).
7.) DISCUSSION AND POSSIBLE INITIATION of an amendment to Section 603.E of the Zoning Ordinance
that would permit off-premise non-directional signs within Town rights-of-way by Special Use Permit.
8.) Consideration of RE-APPOINTING Mr. Bud Ohsman to the Board of Adjustment for an additional two year
term.
9.) PRESENTATION on possible traffic calming solutions for Blackbird Drive with possible direction to staff
on implementation.
10.) PUBLIC HEARING on ORDINANCE 00-03 approving a text amendment to the Zoning Ordinance for the
Town of Fountain Hills allowing the Town Council to approve modified setbacks for non-residential buildings
in multi-family zoning districts by Special Use Permit,Case Number 77.00-01.
11.) Consideration of ORDINANCE 00-03 approving a text amendment to the Zoning Ordinance for the Town of
Fountain Hills allowing the Town Council to approve modified setbacks for non-residential buildings in multi-
family zoning districts by Special Use Permit, Case Number ZZ00-01.
12.) PUBLIC HEARING on a SPECIAL USE PERMIT application for the Fountain View Nursing Care Center,
a 43,100 square foot nursing, convalescent care and assisted care facility on 2.03 acres located in Plat 207,
Block 1,Lots 8— 10 at the intersection of El Lago Boulevard and Verde River Drive. The Special Use Permit
would also allow for the building to exceed the 30-foot height limit and for the building to observe less than
the required side and street side-yard setbacks, Case Number SU99-14.
13.) Consideration of SPECIAL USE PERMIT application for the Fountain View Nursing Care Center, a 43,100
square foot nursing, convalescent care and assisted care facility on 2.03 acres located in Plat 207, Block 1,
Lots 8 — 10 at the intersection of El Lago Boulevard and Verde River Drive. The Special Use Permit would
also allow for the building to exceed the 30-foot height limit and for the building to observe less than the
required side and street side-yard setbacks,Case Number SU99-14.
14.) PUBLIC HEARING on a SPECIAL USE PERMIT application to permit a golf ball fence along a portion
L of the western boundary of the Desert Canyon Golf Course driving range, aka Final Plat 401B, Parcel "D", an
"R1-10 RUPD"Zoning District, Case Number SU99-12.
Town of Fountain Hills Page 2 of 3 Last printed January 28,2000 4:51 PM
Town Council Meeting Agenda Regular Session February 3,2000
15.) Consideration of a SPECIAL USE PERMIT application to permit a golf ball fence along a portion of the
western boundary of the Desert Canyon Golf Course driving range, aka Final Plat 401B, Parcel "D", an "R1-
10 RUPD"Zoning District, Case Number SU99-12.
16.) PUBLIC HEARING on a SPECIAL USE PERMIT application to permit a golf ball fence on Lot 42,Block
6,Final Plat 401B, aka 16850 E. Nicklaus Drive, Case Number SU99-13.
17.) Consideration of a SPECIAL USE PERMIT application to permit a golf ball fence on Lot 42, Block 6, Final
Plat 401B, aka 16850 E.Nicklaus Drive, Case Number SU99-13.
18.) Consideration of a CUT AND FILL WAIVER application for the Firerock Country Club Parcel M-2, located
in the Firerock Country Club Subdivision south of Shea Boulevard, Case Number FHCFW00-01.
19.) Consideration of the PRELIMINARY PLAT for the 17.78± acre, 22-lot, 3-tract, Firerock Country Club
Parcel M-2, located in the Firerock Country Club Subdivision south of Shea Boulevard, Case Number S99-
035.
20.) PUBLIC HEARING on ORDINANCE 00-04 approving a text amendment to the Zoning Ordinance for the
Town of Fountain Hills restricting the size and height of building identification signs in the "C-2", "C-3",
"Ind-1"and"Ind-2"Zoning Districts, Case Number ZZ00-02.
21.) Consideration of ORDINANCE 00-04 approving a text amendment to the Zoning Ordinance for the Town of
Fountain Hills restricting the size and height of building identification signs in the "C-2", "C-3", "Ind-1" and
"Ind-2"Zoning Districts, Case Number ZZ00-02.
22.) 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.
23.) ADJOURNMENT.
DATED this 27th day of January,2000.
By:
Cassie B. Hansen,Director of Administration/Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice)or 1-
800-367-8939(TDD)48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting.
Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office.
L
Town of Fountain Hills Page 3 of 3 Last printed January 28,2000 4:51 PM
MEMORAND
TO: THE HONORABLE MAYOR AND CO C L
FROM: PAUL L. NORDIN, TOWN MANAI
DATE: JANUARY 29, 2000
RE: MANAGER'S REPORT FOR THE FEBRUARY 3RD COUNCIL
MEETING
Reminders:
Five public hearings are on this agenda. No executive session is scheduled.
CONSENT AGENDA:
There are six items on the consent agenda. Please review each item and contact me should
you determine any should be removed.
AGENDA ITEM#7 - DISCUSSION OF ALLOWING PERMANENT SIGNS IN
TOWN RIGHT-OF-WAY:
Councilmember Wyman sponsored this agenda item. This proposed text amendment would
allow the Council to approve or deny proposed signage within a right-of-way with a special
use permit. Please note that the requested action would only begin the amendment process.
Jeffs report is enclosed.
AGENDA ITEM#8 - BOARD OF ADJUSTMENT APPOINTMENT:
Two Board of Adjustment memberships will expire on January 31st It is recommended that
Bud Ohsman be re-appointed for another term. The second position will remain open at this
time. Please see Joan's memo.
AGENDA ITEM#9- PRESENTATION ON POTENTIAL TRAFFIC CALMING
SOLUTIONS FOR BLACKBIRD DRIVE:
Larry Woodlan from the engineering firm of Burgess & Niple will discuss the available
alternatives and impact of the traffic calming methods for Blackbird Drive. Please note that
we do expect a crowd for this item. Please see Tom's memo.
AGENDA ITEMS# 10 &# 11 - PUBLIC HEARING/ORDINANCE 00-03/
ALLOWING COUNCIL APPROVAL OF MODIFIED SETBACKS:
The first public hearing is on the agenda to gather input regarding a zoning ordinance
amendment. This amendment would give the Council the ability to modify building setbacks
Town Manager's Report
February 3,2000 Council Meeting
Page 1 of 2
in multi-family zoning districts by special use permit. The Planning and Zoning Commission
unanimously recommended denial of this request at last night's meeting. Jeff's report is
enclosed.
AGENDA ITEMS# 12 &# 13 - PUBLIC HEARING/SPECIAL USE PERMIT/
FOUNTAIN VIEW NURSING CENTER:
The next public hearing concerns Art Ursu's special use permit request for the Fountain View
Senior Care Center. This site is located on the northwest corner of El Lago Blvd. and Verde
River Dr. The Planning and Zoning Commission and staff recommend approval with several
significant stipulations. Jeff s report is attached.
AGENDA ITEMS# 14 &# 15 - PUBLIC HEARNG/SPECIAL USE PERMIT/GOLF
BALL FENCE AT DESERT CANYON DRIVING RANGE:
Another public hearing will gather comments regarding a proposed golf course net along the
Desert Canyon driving range. Three letters of opposition were received. This item was
unanimously recommended for denial by the Planning and Zoning Commission. It was also
recommended for denial by Town staff. Please refer to Dana's enclosed memo.
AGENDA ITEMS# 16 &# 17 - PUBLIC HEARING/SPECIAL USE PERMIT/GOLF
BALL FENCE ON NICKLAUS DRIVE:
This public hearing will discuss a resident's request for a special use permit to erect a golf
Lio course net at 16850 E. Nicklaus Drive. The Planning and Zoning Commission recommended
denial (5-1) at last night's meeting. Staff recommends approval of the special use permit,
with stipulations. See Dana's attached report.
AGENDA ITEMS# 18 &# 19 - CUT AND FILL WAIVER/PRELIMINARY PLAT/
FIREROCK PARCEL M-2:
The 17.78-acre, 22-lot subdivision known as Parcel M-2 in the Firerock Country Club Plan
cut and fill waiver and preliminary plat requests are believed to be in conformance with the
Area Specific Plan. The Planning and Zoning Commission unanimously recommended
approval of both requests. Geir's memo is enclosed.
AGENDA ITEMS#20 & #21 - PUBLIC HEARING/ORDINANCE 00-04BUILDING
IDENTIFICATION SIGNS:
The last public hearing concerns a text amendment change to reduce the allowable
identification sign area for a building complex. This amendment was initiated by the
Planning and Zoning Commission to make sign sizes consistent with all other permitted
freestanding/monument signs. Staff recommends approval. Geir's memo is attached.
L
Manager's Report
February 3,2000 Council Meeting
Page 2 of 2
(kw
Interoffice Memo
To: HONORABLE MAYOR AND TOWN COUNCIL
From: CASSIE HANSEN, DIRECTOR OF ADMINIST N
Date: JANUARY 28, 2000
Re: AGENDA ITEM #2—GREAT FAIR SPECIAL EVENT REQUEST
The Fountain Hills Chamber of Commerce has submitted the special event request for the Annual
Great Fair, scheduled for Friday, Saturday and Sunday, February 25th, 26th and 27th. Times of
operation are :00 a.m. to 5:00 p.m. on Friday and Saturday; 8:00 a.m. to 5:00 p.m. on Sunday.
Th sure of Saguaro Boulevard from El Lago Boulevard to Parkview and the
,er o nta . Saguaro to La Montana. Barricades would be put in place at 5:30
a , e r 1 and removed at 6:00 a.m. Monday, February 28th. A map included
it a-req t ows -e area that includes the west side of Fountain Park that will be
6skd/fOr the riF arrival=,an 1.he alLoon lift on Sunday morning. The Chamber has obtained the
s from the rk Recreation Department for the use of Fountain Park and from
Lt:,,,, essry per_
the 208_ Pro arty`? r rs for a ii of the 208 parking lots. A signage plan is also included with
cket
a ge q cos with the Chamber, MCSO and the Fire Department to insure
al ticipant,pedestr1ar i v uiar safety. (Please see attached memo from Steve.) A certificate
insurance is on file. mends approval.
Loy Page 1 of 1 Cassie Hansen Last printed January 28,2000 1:12 PM
January 28,2000
TO: Cassie Hansen
FROM: Steve
Gendler
DATE: January 28, 2000
SUBJECT: Special Event Request- 2000 Great Fair
The purpose of this memorandum is to endorse the attached special event request from the Fountain
Hills Chamber of Commerce. The request covers the annual Great Fair scheduled for February 25th
through 27th. It is my understanding that this will be considered at the Council session on February
3rd. I am recommending approval of this request based on the following factors:
1. Sharon Morgan, Event Coordinator for the Chamber of Commerce, has arranged for all
insurance and liability coverage consistent with previous years. A copy of the insurance
certificate will be forthcoming.
2. I have met with fire officials to work out an emergency medical services plan to include in
recommendations to the Chamber of Commerce. All public safety provisions will be
addressed under that plan and I am satisfied with its components.
3. Traffic and parking provisions have been arranged in conjunction with the Sheriffs Office.
The Marshal's Department will provide traffic control in the area around the event with help
from the Posse, and handle parking in the north lots. A private vendor will handle parking in
the south lots.
4. Security along the Avenue of the Fountains will be provided by the Marshal's Department
while MCSO personnel will be stationed in the park and on Saguaro under a law
enforcement plan being submitted to Sharon Morgan, event coordinator. In addition, the
Marshal's Department will assume overall responsibility for all security at the event.
5. Sharon Morgan has made arrangements to contract for a sign and marking program which
will direct visitors to the event. This has been reviewed and approved by my department.
6. Provisions have been made with Pat Harvey for traffic barricades to close Saguaro at El
Lago and Parkview. In addition, Avenue of the Fountains will be closed at Verde River
Drive and La Montana Thursday,Friday and Saturday nights.
In addition to the items outlined above, the Chamber of Commerce has secured concurrence from
the plat 208 property owners association for use of their parking lot, secured a permit for use of the
park, and has notified their members whose businesses will be effected by street closures, detours
and parking.
I believe the event is well planned, will reflect credit on our community, and represents an
opportunity for civic clubs, social groups, and town merchants to benefit. I recommend approval.
`)� k� r 411
Br" 1141 `l�® ®¢ IN® ca InIlIls
ao = of RECEIVED
'Pr w ten+ �` Special Event Request
mare a>O JAN 1 0 2000
FOUNTAIN HILLS
TOWN CLERK
Name of Even Coordinator S h aV o n Morgan
Event
Address: Box 1'7
SRC?
Fo uwr►ta a n I-1 4 k Az gi;,voti
Telephone: (residence) 8'3 7 -ea(o4 (business) P3 7_1 ID 54-
If the event is designed to be held on behalf of any person other than the applicant,the applicant
shall supply written authorization from the organization sponsoring the event,dated not more than
90 days before the application,authorizing the applicant to apply for the permit on the sponsor's
behalf.
Name of Organization•F-11 Cha mh Pr f eOWP ?VTP . Telephone g3 7-11o5c
Address of Headquarte • '
Description of Event Pthnuai ( ri- 'tr'
Purpose of Event- RIM ra ey
Location of Event: Av of +he FQ Q•h i S Sai V Qp D 6v
(Attach map or diagram of area to be used for event)
Date of Event:R?b a15•47a Beginning Time: Ending Time: S:00 ' hi-Sat t orti n f t, oadway, ' a y, will th ev gt c , , N
`rt��pw ti ores eats idgt�e5 ,a 44 M LD /Kara , triP ' V o a'
C -0144t.
1
Estimated number of persons, vehCDvehicles (and types, i.e. cars, trucks), animals, etc. P P g:artici a n`g: "D
13D,DQ75 Art-ids aZ0 rad (D11(lcld1 S
Do you anticipate a need for the Town to provide any of the following:
Please Note The Town Marshal(or designated official)may establish requirements that may include
(but are not limited to)personnel for emergency,traffic and crowd control,traffic control
devices,and other services and equipment deemed necessary for the protection of event
attendees as well as the community as a whole.
Personnel. Twit itiarshaL / rtment
Supplies and Services:AV 0f 1 owiilV 1YI5 S W t' ,b e.PorI ¢ a r�
evt 1i-- Thwrcaal1 A.m. i/a�L/ N� nda/ , a/ag
Vehicles and Other Equipment.
Special Event Request
Page 2 of 2
LIABILITY RELEASE AND INDEMNIFICATION AGREEMENT
AND AGREEMENT TO FURNISH INSURANCE
As a condition to, and in consideration of the issuance of this requested permit, the applicant
hereby agrees to procure and maintain insurance coverage protecting all aspects of activities
involved in the permit. Such insurance shall cover public liability and property damage,
including product liability if applicable,and shall include coverage for owned and non-owned
autos,for all claims for damages for personal injury or death and property damage arising out
of the activities for which this permit is issued. Such insurance to be in limits of not less
than $1,000,000 combined single limit personal injury and property damage. The certificate
of insurance reflecting this coverage shall name the Town as an additional insured as respects
this Special Event Permit.
6"."11/41-1-' A0*/
Signature of Applicant or Agfnt 'j Date of Application
Name of Insurance Company PCCOIciI(
Policy#N P 07IW Io R I- Policy Dates- 7/31/Qa 1131
/ OQ
(DO NOT WRITE BELOW THIS LINE - OFFICE USE ONLY)
Certificate of Insurance Filed: YES —• NO
Approval by Town Marshal Ly Date•
3
Comments•
Notification of Local Fire Department: Date
Contact Name &Title-
Arrangements Made:
Notification of Sheriffs Department: Date-
Contact Name & Title:
Arrangements Made:
Fin A r T
B . Title- 0.430 r Date- -3— 00
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Eagle MountainIITS 6Golf Course L
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t-f;—LI t � IN Si &O
(s CAI- y - cl �J
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PERMIT
for USE OF PRIVATE LAND OWNED BY
TRACT 208 PROPERTY OWNERS ASSOCIATION, INC.
Name ��-- 1 �M.r _e_
of
Organization/Party: !'Q�- �,'+-
Contact Person: 2 �V/
Address: p. 0, 13,,' /75? , FPIAAeY-a w, o, i Y5 4`I
Telephone: ���3��54
Purpose:
Date: r.GC as R41 a7 02000
Area Required: 02°8 `1/1-e 4j 4
Concessions: Yes No X
List:
Special Information on Event:
L
Special Provisions: 77.ti5 Peoz•iir- is APPROVep ecoArrm140,0raN 77Fe cH4 e / &.'o,N6 So1,7w7Y7,e. /MV
TNd/R Pekv R' Wyk R F-EE 7c7NE. C ArvieeR tP AID Mate 77AAIV It/,gW.ao P4yaam By $oarPArr'epoi...fo
niE CN4'c e.
I (We) agree to abide by the recorded"Declaration of Reservations"of Tract 208 Property Owners'
Association, Inc., any rules and regulations developed by the association, special provisions listed
herein, and will be responsible for the conduct of the above listed group and any damages as a result
of such use. I (We) agree to hold Eagle Property Management, Inc., and Tract 208 Property Owners'
Association, Inc. harmless from any accident or injury claims that arise from our use of the premises.
Prior to any use, a certificate of insurance, in an amount not less than $2,000,000, naming the
Association and its agents as additional insureds, shall be submitted to: Eagle Property Management,
Inc. 3875 Nort 4 th Street, S • 02, Phoenix, AZ. 85018.
Signed. f`tDate: /,I Z /
Approved: Lab— 4 Date: 000
This permi i r vocable at any tim by act 208 Property Owners' Association, Inc., or their
authorized representative.
Fee for use of the area(s) of$ /,300, 00 received on , 199_
by: . Copy of this form shall act as a receipt.
L
•
oogr Town of FOUNTAIN HILLS 2 0 7 3
Parks and Recreation Department •
_,.. _ Facility Use Request
r• ett,s� 4' 16836 East Palisades Botilevard•P.O.Box 17958•Fountain Hills,AZ 85269
'4tbatisAso' Telephone •(480)816-5152 ' Fax•(480)837-6362
PLEASE PRINT
FACT REQUEST; j / 1 2; SPECIFIC ��� � ) 6
USE DATES))) HOURS(Include set-up and take-down time)
O1 .7 ----21 ,� Q FROM1$ 4M TO /If/O IT
EVENT PL t a // NO.ATTENDING(Include full attendance for length of event)
/- /A - / 1 alOe Ago ivT El.
ORGANIZATION/GROUP/ ed-7,7//zb---zee-
RESPORSIBLE (#�� �� ��PARTY PHONE(Home) PHONE(Work)
m it) 7dcl —f0/‘ V /I/
ADD &k // ✓ / U CITY/ , ZIPP (J V 9
Will there be an admission fee,donations taken,tickets sold,or items or services sold?
alYES NO If YES,explain FIi �`�GY$5"vim C2/4''4If 04C- 60 7' _ e
Will there be any large equipment moved onto the park premises
(i.e. tables,stage,trailers,other)? 1/
MI YES NO If YES,explain tF1 `D V 5#/e1 C-s /1Z .e1'r1l 1L/7/4Zigufzz
Will alcohol be served? El YES 71 NO Will alcohol be sold? YES n NO
If YES,explain ,/
Will vendors be used? Fl YES NO If YES,explain ext • y /cT?/f 64` e "
(ie,caterer,band,other)
I have read,understood, and agre ide by the T of FOUNTAIN HILLS Park Rules outlined
on the reverse side.
SIGNATURE OF RESPONSIBLE PA ORGANIZATION ��e:
FOR OFFICE USE ONLY
Use Fees:
Area to be left clean and damage free.Facilities to be claimed within 30 minutes of requested start time.
Alcohol Permit(s):$10.00 per sold separately.One permit valid for up to 50 drinking adults;different individual.
NO GLASS CONTAINERS.
Staff Comments
LD
Approved Date
Director of Parks and Recreation
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White-Office Log Canary-Field Supervisor Pink-Parks Operations Gold-Customer ,_
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CHAMBER OF
COMMERCE
THE GREAT FAIR IS HELD ANNUALLY. LOCATED IN THE PARK WILL BE
CARNIVAL RIDES, FOOD CONCESSIONS AND THEIR RELATED VEHICLES.
SET UP WILL BE WEDNESDAY (2/23/00). THE FAIR WILL BEGIN ON 2/25/00
AND WILL BE BROKEN DOWN ON MONDAY, 2/28/00.
SUNDAY, 2/27/00 APPROXIMATELY 40 HOT AIR BALLOONS WILL LIFT OFF
AROUND 7:00 A.M.. THERE WILL BE APPLICABLE CARS AND TRAILERS IN
THE PARK. ALSO, DURING THE ENTIRE TIME FRAME THERE WILL BE
ONE OR TWO GOLF CARTS IN USE BY THE EVENT STAFF. ALSO IN
PLACE, IN THE PARK, DURING THE FAIR WILL BE 10 PORT-A-JONS.
IT IS UNDERSTOOD THAT THE CHAMBER WILL ASSUME RESPONSIBILITY
FOR ANY BROKEN OR DAMAGED SPRINKLER HEADS THAT OCCUR
DURING THIS TIME FRAME IN THE PORTION OF THE PARK WE HAVE
RESERVED.
WE WILL NEED THE SPRINKLERS, IN THE PART OF THE PARK
REQUESTED, SHUT OFF AT MIDNIGHT 2/22/00 AND THEN BACK ON AFTER
MIDNIGHT 2/28/00.
THE FOUNTAIN SHALL BE OFF DURING THE LIFT OFF OF THE BALLOONS.
THE ONLY CHANGE TO THIS WILL BE MADE BY THE EVENT PRODUCER IN
CONJUCTION WITH THE BALLOONMEISTER.
THE CHAMBER EVENT STAFF WILL BE AVAILABLE TO MEET WITH THE
PARK SUPERVISOR PRIOR TO THE FAIR AND DISCUSS ANY DETAILS OR
CONCERNS HE MIGHT HAVE.
L
Fountain Hills Chamber of Commerce • P.O. Box 17598 • Fountain Hills,Arizona 85269-7598 • (480) 837-1654 • FAX(480) 837-3077
TOWN OF FOUNTAIN HILLS
cro MEMORANDUM
TO: The Honorable Mayor and Common Council
THROUGH: Paul L. Nordin,Town Manager
FROM: Geir H. Sverdrup, Senior Plary�
DATE: January 28, 2000
SUBJECT: Preliminary Plats for FireRock Country Club Parcels "M-1, P-1 & P-2/Q-1" (S99-
034,046&047).
Please find attached staff reports for the FireRock Country Club Parcels "M-1, P-1 & P-2/Q-1".
The preliminary plats were recommended for approved by the Planning and Zoning Commission on
January 27, 2000. Please refer to the attached staff reports for additional details regarding these
requests.
L
L
TOWN OF FOUNTAIN HILLS
PLANNING AND ZONING COMMISSION REPORT
February 3,2000
CASE NO.: S99-034
PROJECT MANAGER: Geir H. Sverdrup, Senior Planner
LOCATION: West of Fireridge Trail. and north of the Salt River Pima Maricopa Indian
Reservation., located within the Fire Rock Country Club Area Specific Plan.
REQUEST: Consideration of the Preliminary Plat of FireRock Country Club Parcel "M-
1" Subdivision which is a 6.70 acre, 10 lot, 1 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."
SURROUNDING LAND USES AND ZONING:
NORTH: Vacant,zoned "R1-18 P.U.D." (F.C.C.A.S.P.)
SOUTH: Vacant, Salt River Pima Maricopa Indian Reservation
EAST: Vacant, zoned "R1-18 P.U.D." (F.C.C.A.S.P.)
WEST: Vacant,zoned "O.S.R. &R1-10A." (Eagle Mountain)
SUMMARY:
This request by FireRock L.L.C. is for approval of the Preliminary Plat for the FireRock Country
Club Parcel "M-1" Subdivision.
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. The M-1 area was designated for "Single-Family/Low" density land uses and
was designated for a unit range of 16-36 units with a proposed unit count of 10 units. Parcel "M-
P&Z Commission Report; S99-034
FireRock Country Club Parcel "M-1"
February 3, 2000
Page 2
1"proposes 10 lots. This request 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 "M-1"
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 "M-1" is sloping hillside with areas of moderate slopes.
Slopes of 10-20% are predominate in the proposed subdivision, slopes of 30%+ occur on few lots
and are not significant. There are few areas of less than 10% % slopes, these are located along the
ridge lines and in the washes. Slopes of 20-30% are scattered throughout the proposed plat. The
subdivision proposes no new streets. All of the lots meet the "R1-18 P.U.D." zoning district's lot
dimension requirements,including those for size and lot width respective to their plats.
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 "M-1" are right at the proposed the allowable disturbance limits. The on and off-site
subdivision improvements associated with this plat are shown in the Fireridge Trail. construction
plans currently under review.
ISSUES:
The Subdivision Technical Review Committee met with the applicant to discuss the preliminary
design of the subdivision on November 18, 1999. The Subdivision Technical Review Committee
issues are as follows:
P&Z Commission Report; S99-034
FireRock Country Club Parcel "M-1"
February 3, 2000
Page 3
Community Development Department:
1. 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
2. Title needs to note that this is a replat of the FireRock Country Club Master Plat
3. 5-foot contours are not adequate for review, provide 2-foot contours and a slope analysis
map.
4. Indicate all areas of significant vegetation and/or rock outcroppings and provide Hillside
Protection Easements for each.
5. Note zoning of all adjacent plats, tracts,etc.
Fountain Hills Engineering Department:
General
1. Provide soils report with final plat submittal.
Sheet 2 of 2
1. Provide missing southeast boundary to check boundary closure data.
2. Show proposed cross % slope of pavement and sidewalk on FireRidge and Westwind
Drive cross section typical detail.
3. Provide missing bearing along westerly property line of Lot 5.
4. Provide runoff computations along westerly boundary to determine if a drainage easement
is required. Show in the Drainage Report.
L
P&Z Commission Report; S99-034
FireRock Country Club Parcel "M-1"
February 3, 2000
Page 4
Drainage Report
1. Show drainage easement along westerly boundary on drainage exhibit map.
Fountain Hills Fire District:
No Comments
With the latest submittal the applicant has addressed the technical review comments. The
applicant has addressed the major technical review comment and the remaining issues are minor
and will be addressed at the improvement plan review stage. This engineering department has
the following remaining comments:
General
1. Provide final drainage report with final improvement plans.
Drainage Report
2. No comments.
Planning and Zoning Commission:
The Commission heard this request for preliminary plat approval at their January 27, 2000
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 approval
the Preliminary Plat for the FireRock Country Club Parcel "M-1" subdivision, subject to the
following stipulations:
1. Submit a landscape plan with the improvement plans. Landscape areas should include the
unlotted frontages, cul-de-sac bulb ends, median islands, and the downhill face of retaining
walls (outside of the lots). All other disturbed areas shall be revegetated. Indicate that these
areas will be maintained by a homeowners' association.
2. Provide final drainage report with final improvement plans.
L
O a l ;
— TOWN OF FOUNTAIN HILLS
-4 ,';0, COMMUNITY DEVELOPMENT DEPARTMENT
rtmacw .,.e o T� � a ".<3 rs,� 1.:;gr--
Date Filed Fee Paid Accepted B
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0 C /,,-2 7 - N .7. 13.2 ;C;C: ‘ C. ert/1,74, (...---'
Plat Name/Number
c-tcc / /11 -Pock
Parcel Size -7 - Number of Lots
, X lac re% / e
Number of Tracts Zoning
General Plan Land Use Designation
S iN /e Fa0 tee/ - Z-01L
Density Requested (Dwelling Units Per Acre)
/. 1/9
Applicant Day Phone
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Address City ST Zip
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wner Day Phone
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Address City ST Zip
Attachments(Please list)
Signature of Owner I HERBY AUTHORIZE (Please Print) Date
��c �l� TO FILE THIS APPLICATION. CI r f 7 ,y yf
U
Subscribed and sworn before me this day of , 19
My Commission Expires
Notary Public
(Seal)
TFH Case Number
Fee Schedule Attached
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N0.vENSfN[ ST DATE AMR
TOWN OF FOUNTAIN HILLS
PLANNING AND ZONING COMMISSION REPORT
February 3,2000
CASE NO.: S99-046
PROJECT MANAGER: Geir H. Sverdrup, Senior Planner
LOCATION: South of FireRock Country Club Drive and west of Palisades Blvd., located
within the Fire Rock Country Club Area Specific Plan.
REQUEST: Consideration of the Preliminary Plat of FireRock Country Club Parcel "P-
1" Subdivision, which is a 15.26 acre, 21 lot, 3 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: 15.26 Acres
PROPOSED NUMBER OF LOTS: 21 lots, 3 tracts
SURROUNDING LAND USES AND ZONING:
NORTH: Vacant,zoned "R1-18 P.U.D." (F.C.C.A.S.P.)
SOUTH: Residential,zoned "R1-8A" (Eagle Mountain)
EAST: Vacant, zoned"R1-18 P.U.D." (F.C.C.A.S.P.)
WEST: Multi-family, zoned "R-3" (Eagle Mountain)
SUMMARY:
This request by FireRock L.L.C. is for approval of the Preliminary Plat for the FireRock Country
Club Parcel "P-1" Subdivision located south of FireRock Country Club Drive and west of Palisades
Blvd.
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.
L
P&Z Commission Report S99-046
(kw FireRock Country Club Parcel "P-1"
February 3,2000
Page 2
Conformance with Fire Rock Country Club Area Specific Plan:
The adopted General Plan Land Use Map was amended by GPA 97-01; Fire Rock Country Club
Area Specific Plan. This area was designated for "Single-Family/Low" density land uses, with a
unit range of 136-204 units and a proposed unit count of 25 units. Parcel "P-1" proposes 21 lots.
The 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 "P-1"
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 "P-1" is sloping hillside with areas of moderate slopes.
Slopes of 20-30% are predominate in the proposed subdivision. There are very few areas of less
than 10%. Slopes of 10-20% slopes are located in the northern and southern areas of the plat . The
subdivision proposes one new cul-de-sac street off of the future Palisades Blvd. extension. 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 "P-1" are right at the disturbance limits projected by the development.
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
P&Z Commission Report S99-046
FireRock Country Club Parcel "P-1"
February 3, 2000
Page 3
Committee issues are as follows with the applicant's response following:
Community Development Department
1. 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
2. Typical lot grading detail needs to be revised to show setback lines and that no wall
within the front setback will exceed 42" (3' 6")in height.
3. Grading cannot exceed 18 feet of horizontal displacement, utilize retaining walls where
grading exceeds 18 feet horizontal.
(60,
4. Indicate all areas of significant vegetation and/or rock outcroppings and provide Hillside
Protection Easements for each.
5. Note zoning of all adjacent plats,tracts, etc.
6. Provide the name of the contact person for subdivider under "Developer" on the Plat (Sec
203.C.2 & 3).
7. Provide slope analysis map for each plat.
8. Minimize disturbance on rear of lots 9-14, off of Tract"A"road. All disturbance on lot
will count to overall lot disturbance allowance.
9. Provide street name for Tract "A" road
Fountain Hills Engineering Department:
General
1. Provide soils report with final plat submittal.
P&Z Commission Report S99-046
Lir FireRock Country Club Parcel "P-1"
February 3, 2000
Page 4
Sheet 1 of 3-Preliminary Plat
1. Correct Note#1 as shown. Use MAG Standards in place of Town of Fountain Hills.
2. Revise note for cut slope Alt A as shown.
3. Revise Section A-A- Show retaining wall location, % ground slopes, and extend cross-
section to curb line. Show cross-section A-A location. Show scale 1"=30'.
4. Revise legal description to match master plat. Point of beginning survey data is incorrect.
5. Check/revise other bearings and distances that do not match master plat.
6. Show Palisades Blvd street cross-section.
Sheet 2 of 3-Preliminary Plat
1. Show street names.
2. Show legal description point of beginning location and road easement documentation
data.
3. Show pipe diameter size for all sewer mains (8" diameter minimum).
4. Label all water main lines (use 8" minimum diameter)
5. Show cul-de-sac radius (35' to face of curb).
6. Show contour elevations on Sheet 2 and 3.
Sheet 3 of 3-Preliminary Plat
1. Clarify the locations and accuracy of boundary data (L2, L3, LA and C1). This data does
not match the FireRock Master Plat.
2. Provide sight easements where shown within: Tract B at Palisades Blvd and Tract A
(check- private road).
3. Maintain a minimum radius of 100' for street curves.
4. Show water and sewer main sizes.
5. Provide a 1' VNAE within Tract B behind Lots 9-14.
Sheet 1 of 2-Preliminary Grading
1. Show grading contour elevations.
2. Show cul-de-sac road name.
3. Provide a 5' minimum width sidewalk on one side of Tract A. Provide MAG Std 234
handicap ramp at all intersections.
4. Provide a vertical curve by Station 18+10.33 (see profile).
5. Provide runoff computations for natural runoff through lots to determine Q's. If Qioo's
are 15+cfs, a 20' wide minimum drainage easement is required. Show all drainage
easements. Lots 15, 19 and 20 will require 20' minimum width drainage easements.
6. Provide grading details to show how compliant access is maintained to Lot 15.
7. Show cut and fill slope ratios along Tract A road.
8. Show street contours and percent grades in both plan and profile view.
9. Show 1' VNAE behind Lots 9-14.
L
P&Z Commission Report S99-046
(w. FireRock Country Club Parcel "P-1"
February 3, 2000
Page 5
Drainage Report
Text/Report(Sheets 1 —7
Pages 2 and 3: Include more discussion on the type and size of catch basins used and size of
curb openings.
Page 3:
(A)Table I should show 10-year and 100-year hydrology calcs for all drainage sub-
basins. Revise Table I per comments shown. Include a Table II showing all
concentration point values as shown in Table I(format) with the addition of a column
showing the type of drainage structures the water discharges into (i.e. catch basin, culvert,
swale, curb opening). Label all drainage outlets and structures.
(B) Conclusion Section: Add statement that "all streets are designed to contain the 10-
year storm event with the 100-year storm event being contained within the right-of-way".
Appendix A
• No comment.
Appendix B
• Submit a soils map with a legend for soils classification.
Appendix C
• Check the most recent FEMA map. There is a preliminary revised version of May 1998.
Appendix D—On Site Drainage Map
• Include a table on drainage exhibit showing:
• All Q's (10-year and 100-year) for each sub-basin;
• All concentration points;
• Intercepted flow and flowby Q's at all drainage structures (concentration points);
• All types and sizes of drainage structures, catch basins, and curb openings.
• Show all drainage easements on drainage exhibit map. All surface flow Qioo> 15 cfs
should be contained within a drainage easement and any Q100> 100 cfs should be within
a separate tract. Any intercepted street flow is to be contained within a drainage
easement.
• Number/identify all inlets, storm drain structures, and curb openings on drainage exhibit
map.
• Show all street flow Q's and grade breaks.
Appendix E
• Revise rational method calc sheets as shown: Submit calc sheets for all drainage sub-
Lir
basin areas, and all concentration points.
• Submit a flow routing diagram for the whole site. Include street quantity flows (Q) and
P&Z Commission Report S99-046
FireRock Country Club Parcel "P-1"
February 3, 2000
Page 6
off-site Q's. Show flows intercepted and flowby Q's at all concentration points (inlets,
culverts, or openings).
Appendix F—Culverts
• Include catch basin design sheets, curb opening calcs, and details. Revise catch basin
calcs and designs to show 100% intercepted Qio. Show catch basin type and length of
wings at each location.
• Catch basins at CP-3 and CP-4 require longer wings to intercept 100% of Qio flow.
Appendix G—Swales
• Swale#1 needs to be revised to account for flows from CP-2 and CP-3. Revise
calc/design sheet.
• Swale#3 —Why is swale designed for 11 cfs? Should it be 7 cfs (DA-F)? Does curb
opening (4 cfs) discharge into this swale? CP-E (curb opening) is not located near Swale
#3. Please revise and clarify the drainage flows in this area.
2. Submit a revised and final drainage report with the final plat.
Fountain Hills Fire District:
No comments at this time.
With the latest submittal the applicant has addressed the technical review comments. The
applicant has addressed the major technical review comment and the remaining issues are minor
and will be addressed at the improvement plan review stage.. This engineering department
recommeds the following stipulations:
1. Provide a soils report with the final plat submittal.
2. Provide drainage easements for Tracts B and C and a 20' minimum width drainage easement
along the common property line of Lots 19 and 20.
3. Provide a final drainage report with the final plat submittal to be approved by the Town
Engineer.
Planning and Zoning Commission:
The Commission heard this request for preliminary plat approval at their January 27, 2000
Commission meeting. The Commission unanimously recommended approval of this preliminary
plat
P&Z Commission Report S99-046
Loy
FireRock Country Club Parcel "P-1"
February 3, 2000
Page 7
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 approval
the Preliminary Plat for the FireRock Country Club Parcel "P-1" subdivision subject to the
following stipulations:
1. Place a H.P.E. on Tract `B"
2. Submit a landscape plan with the improvement plans. Landscape areas should include the
unlotted frontages, cul-de-sac bulb ends, median islands, and the downhill face of
retaining walls (outside of the lots). All other disturbed areas shall be revegetated.
Indicate that these areas will be maintained by a homeowners' association.
3. Provide street names for new roads.
4. Provide a soils report with the final plat submittal.
5. Provide drainage easements for Tracts B and C and a 20' minimum width drainage
g
easement along the common property line of Lots 19 and 20.
6. Provide a final drainage report with the final plat submittal to be approved by the Town
Engineer.
L
11
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TOWN OF FOUNTAIN HILLS
PLANNING AND ZONING COMMISSION
February 3,2000
CASE NO.: S99-047
PROJECT MANAGER: Geir H. Sverdrup, Senior Planner
LOCATION: South of Shea Blvd. and west & east of Palisades Blvd., located within the
Fire Rock Country Club Area Specific Plan.
REQUEST: Consideration of the Preliminary Plat of FireRock Country Club Parcel "P-2
& Q-1" Subdivision. P-2 is a 15.78 acre, 14 lot, 1 tract subdivision and Q-1
is a 6.58 acre, 7 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."
SURROUNDING LAND USES AND ZONING:
NORTH: Vacant,zoned "R1-18 P.U.D." (F.C.C.A.S.P
.)
)
SOUTH: Vacant,zoned "R1-18 P.U.D." (F.C.C.A.S.P.)
EAST: Vacant, zoned "R1-18 P.U.D." (F.C.C.A.S.P.)
WEST: Vacant, zoned "R1-18 P.U.D." (F.C.C.A.S.P.) & Multi-family, zoned "R-3"
(Eagle Mountain)
SUMMARY:
This request by FireRock L.L.C. is for approval of the Preliminary Plat for the FireRock Country
Club Parcel "P-2 &Q-1" Subdivision.
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:
L. The adopted General Plan Land Use Map was amended by GPA 97-01; Fire Rock Country Club
P&Z Commission Report; S99-047
FireRock Country Club Parcel "P-2,Q-1"
February 3, 2000
Page 2
Area Specific Plan. The P-2 & Q-1 areas were designated for "Single-Family/Low" density land
uses. Parcel P-2 was designated for a unit range of 144-216 units and a proposed unit count of 15
- units. Parcel "0-1"proposes 14 lots. The Q-1 area was designated a unit range of 8-16 units and a
proposed unit count of 7 units. Parcel "Q-1" proposes 7 lots. This request 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 "P-2 & Q-1"
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 "P-2 & Q-1" is sloping hillside with areas of moderate to
severe slopes, (exceeding 25%). Slopes of 20-30% are predominate in the proposed P-2
subdivision, slopes of 30%+ occur on lots 5 & 6 and within the open space tracts. There are few
areas of less than 10% % slopes, these are located along the ridge lines and in the washes. Slopes
of 10-20% and 20-30% are located in the northern and southern areas of the proposed plat. The
subdivision proposes no new streets. All of the lots meet the "R1-18 P.U.D." zoning district's lot
dimension requirements, including those for size and lot width respective to their plats.
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 "P-2 & Q-1" are right at the proposed the allowable disturbance limits. The on and off-site
subdivision improvements associated with this plat are shown in the Palisades Blvd. construction
plans currently under review.
ISSUES:
The Subdivision Technical Review Committee met with the applicant to discuss the preliminary
tor design of the subdivision on December 21, 1999. The Subdivision Technical Review Committee
P&Z Commission Report; S99-047
FireRock Country Club Parcel "P-2,Q-1"
February 3, 2000
Page 5
Planning and Zoning Commission:
The Commission heard this request for preliminary plat approval at their January 27, 2000
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 approval
the Preliminary Plat for the FireRock Country Club Parcel "P-2 & Q-1" subdivision, subject to the
following stipulations:
1. Place a H.P.E. on Tracts "A"
2. Submit a landscape plan with the improvement plans. Landscape areas should include the
unlotted frontages, cul-de-sac bulb ends, median islands, and the downhill face of retaining
walls (outside of the lots). All other disturbed areas shall be revegetated. Indicate that these
areas will be maintained by a homeowners' association.
3. Provide a revised vehicular sight easement alignment along Lot 4 frontage (30 mph).
4. Provide a drainage easement within Tract A.
L
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TOWN OF FOUNTAIN HILLS
MEMORANDUM
TO: yo . . Town Council
THROUGH: Pa . 'r din, Town Manager
FROM: Ro•1• Go. m , Director
Par's & Recre on
DATE: January 28, 2000
RE: Bid Award for Fountain Park Phase I Improvements Re-Bid
Bid #FP00-022
The Town of Fountain Hills Parks and Recreation Department will receive bids
for Fountain Park Phase I Improvements Re-bid on Tuesday, February 1st at
2:00 PM.
Nior Once the bids have been opened and the apparent low bidder has been
determined, we will place a copy of the Memorandum in each Council
Member's box.
Phase I base bid includes:
• Demolition of the old restroom/control building,
• Construction of a new 1,015 sq. ft. restroom/control building,
• Grading to achieve ADA grades for walkway,
• Completion of an 8' walking path around the entire park.
Depending on the bids we receive, additional amenities may or may not be
added in Phase I. We will know more after the bid opening, and report those
findings to the Council.
L
TOWN OF FOUNTAIN HILLS
MEMORANDUM
TO: Ma o an own Council
THROUGH: Pau in, Town Manager
FROM: Robin oo an, Director
Parks & R cr ation
DATE: February 1, 2000
RE: Rejection of Bids for Bid #FP00-022
Fountain Park Phase I Improvements - Re-Bid
The re-bid results are attached. The base bid is over the engineer's estimate;
therefore, Staff recommends a rejection of all bids.
Additional discussions with bidders and non-bidders clearly indicate a busy
builders market. This fact has contributed to our bid results.
(kw Staff will again be following up on the bid and will make further
recommendations in March on how to best proceed. Please refer to the
attached letter to e group, Inc. concerning additional follow up.
L
'Ad'
�
y
0 Town of FOUNTAIN HILLS
•9��?hat is Ac,tioo
By Facsimile 602-462-9001
February 1, 2000
David Case
e group, Inc.
817 North Central Avenue
Phoenix, AZ 85004
RE: Fountain Park Phase I Improvements-Re-Bid
Dear Dave:
Attached are the bid results from this afternoons bid opening for the above-referenced
project. This is our second attempt in two months to bid this project within budget.
As you can see from the results of the bid opening, we were not successful. The Town
of Fountain Hills is requesting that you review all of the information pertaining to
Fountain Park Phase I Improvements and its bids. The purpose of this review is to:
1. Explain to the Town the reasons for the differences in your project
estimates and the bids we received,
2. Recommend a corrective course of action on how the Town should
proceed in the completion and construction of Fountain Park Phase I
Improvements.
We further recommend that e group consider contacting any and/or all of the bidders
to accurately determine the reasons for the bid costs. Attached are the results from
the initial bid and the re-bid including the sign in sheets. We are recommending that
the bids be rejected on Thursday, February 3, 2000. Once rejected, e group, Inc. may
contact any bidder to request information.
The timing of your response is important. We suggest a meeting on Wednesday,
March 1st at 10:00 AM. Please invite any parties who can assist to attend the meeting.
Sincerely,
Robin Goodman, Director
Parks & Recreation
RG/mc
cc: Bob Thompson
16836 East Palisades Boulevard,Building C-P.O.Box 17958-Fountain Hills,Arizona 85269-(602)837-2003-FAX:(602)837-3145
e group bid results ltr.doc
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Town of Fountain Hills
Memorandum
DATE: January 28, 2000
TO: The Honorable Mayor and Common Council
FROM: Jeffrey Valder, Community Development Directo>L
kkj
FROM: Paul L. Nordin, Town Manager
SUBJECT: Discussion and consideration of an amendment to Section 6.08 E of The
Zoning Ordinance for the Town of Fountain Hills to allow for off-premise
non-directional signs within Town rights-of-way by Special Use Permit.
Councilmember Wyman has asked that staff prepare a proposed amendment that would
allow for off-premise non-directional signs within Town rights-of-way by Special Use
Permit. The Special Use Permit process would give the Council the discretion to approve
any desired signage within a right-of-way, and the ability to deny any undesirable
proposed signage within a right-of-way. Off premise non-directional signage is now
prohibited.
The proposed amendment is as follows. New text is shown as double-underlined and text
to be deleted is shown as rout.
E. Off Premise Signs.
1. Location.
*13,14
a. Off-premise non-directional signs are not permitted anywhere within the
Town,except as may be permitted under subsection G of this document.
b. Except as prohibited in Section 8.08.E.1.d and e., off-premise directional
signs shall be located only in accordance with the standards set forth in this
section.
c. Off-premise directional signs shall be placed no less than three (3) feet
behind the curb. If no curb is present, signs shall be located at least ten(10)
feet from the edge of the paved portion of the public right-of-way. No off-
premise directional signs are allowed on sidewalks or within the center
medians that divide portions of paved or unpaved roadways.
d. Off-premise directional signs shall not be affected by the zoning
classification of property adjacent to the public roadway.
L
d. No off-premise directional sign shall be permitted within the Shea
Boulevard public right-of-way.
e. No off-premise sign shall be located within 150 linear feet from any traffic
control light anywhere within the Town of Fountain Hills.
2. Spacing. No off-premise directional sign shall be located within 300 linear feet of
another sign bearing the same or substantially the same message along the same
roadway,as measured along the public right-of-way line(s).
3. Proximity.
a. No off-premise directional sign containing a directional arrow or directional
information shall be located more than one mile, as measured along the
public street right-of-way lines, of the destination to which such sign is
directing traffic.
b. Political and ideological signs containing no commercial messages have no
proximity requirements as specified in this subsection.
4. Number.
a. There shall not be more than five (5) off-premise directional signs to any
one destination.
b. In master planned developments with multiple subdivisions having model
home complexes, each model home complex is considered a single
destination and shall have no more than five (5) off-premise directional
signs.
c. The Town Council may grant permission to place more than five (5) off-
premise directional signs for an event when specifically requested with the
special event request.
5. Time. Off-premise directional signs shall be placed in the permitted areas of public
right-of-way only between sunrise and sunset. Signs remaining in public rights-of-
way after sunset, or placed in rights-of-way prior to sunrise, shall be subject to
confiscation and destruction by the Town.
6. Size. Off-premise directional signs, unless exempted pursuant to subsection G of
this section, shall not exceed 4.5 square feet.
7. Height. Off-premise directional signs,unless exempted pursuant to subsection G of
this section, shall not exceed three(3)feet in height measured from the highest most
point of the sign to the grade at the base of the sign.
8. Materials. Off-premise directional signs may only be constructed of wrought iron;
sheet metal; one-eighth (1/8) inch thick plastic; or of wood that is at least three-
eighths of an inch(3/8")thick.
L
9. Penalty. The provisions of subsection E set forth above are declared to be civil in
nature and not subject to criminal prosecution pursuant to other provisions of the
zoning code. It is presumed that the business or residence identified on the sign is
the responsible party for compliance with the provisions of subsection E. Violations
of section E shall be made through the use of a civil complaint form and fines after a
determination of violation shall be as follows:
a. First offense,fine not to exceed$25.00.
b. Second offense within 12 calendar months,fine not to exceed$50.00
c. Third offense within 12 calendar months of the first offense, fine not to
exceed$100.00.
d. All subsequent violations within 12 calendar months of the first offence, a
fine not to exceed$150.00.
10. Special Use Permit. Off-premise non-directional signs are .ermitted
within Town rights-of-way if approved by Special Use Permit.
L
(k., Memorandum
, ,
To: Honorable Mayor and Common Council
CC: Jeffrey W. Valder,Community Development Director
From: Joan Blankenship,Planning Technici. f
Date: 01/28/00 ��
Re: Board of Adjustment Appointments
The term of two of the Town's Board of Adjustment members will expire on the 30 of January.
Those boardmembers whose terms will expire are Anthony Canton(1998-2000)and E.K.(Bud)
Ohsman(1996—2000). Mr.Canton has chosen not to reapply,but has expressed an interest in being
appointed to the Planning and Zoning Commission. Mr.Ohsman has agreed to reapply for another
term on the Board. His original application is attached to this memo.
Although an advertisement requesting applicants for the Board of Adjustment has been running in
The Times since January 19th,our office has had neither an inquiry made nor an application submitted
for the position. We will continue to run the advertisement until the position is filled.
iher Mr.Valder and I would like to suggest that the Mayor and Council consider reappointing Mr.
Ohsman to the Board of Adjustment for another term. This will keep the Board at four members until
another appointment for the remaining vacancy can be made.
TOWN OF FOUNTAIN HILLS
BACKGROUND AND PERSONAL DATA OUTLINE
APPOINTMENT TO COMMISSIONS AND BOARDS
COMMISSION OR BOARD IN WHICH INTERESTED:
�©/1-eD oc
NAME: L ` ' 8LD a ©e/5/44,1 PHONE: 13 37- 7/11 2 _
ADDRESS:/0633 /' )/AA) w 6 L 5 Z f l/t
ARE YOU REGISTERED TO VOTE IN TOWN ELECTIONS?: YES NO
PLEASE S YOUR EDUCATIONAL BACKGROUND:
(Including colleges attended and degrees obtained, if any)
UM of Zow/f eA
L &-yeee
PRESENTLY EMPLOYED BY:
JOB I'fILE: PHONE:
BUSINESS ADDRESS:
PHONE:
CURRENT ORGANIZATIONAL MEMBERSHIPS &OFFICES HELD:
Covsc S E�y A'!1, ItvS' F �S1,0 — Vicerc£S
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PAST ORGANIZATIONAL MEMBERSHIPS&OFFICES HELD: �l OTAR,'
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DATE: ,h V 7/ /9 ft SIGNATURE: ,f��
QUESTIONS FOR
BOARD OF ADJUSTMENT APPLICANTS
(Please use additional lines on last page or add additional pages if necessary.)
Following is a hypothetical case regarding an application for a variance.
Jean Benefactor who consistently makes large charitable contributions to your town wants to
build her dream home on a lot she recently purchased in the most exclusive residential
neighborhood. This neighborhood was almost entirely built-out in the 1970's except for a few
remaining vacant lots. A new zoning ordinance was adopted for our town in the early 1990's
which changed the setback requirements and height limit applicable to Jean Benefactor's
neighborhood. Approximately 60% of the existing older homes do not conform to the new
setback and height restrictions.
Jean Benefactor wants a variance so that she can build in conformance with the old setback
requirements as 60% of her neighbors did. Jean Benefactor also wants a height variance so that
she can have additional sleeping quarters for many orphans she cares for. The following issues
arise at the Board of Adjustment hearing:
1. Assuming Jean's lot and her neighbors' lots are similar, would you vote to grant the
fkiw setback variance? Please explain.
NO. The City looked at the neighborhood before changing to the
new zoning laws.4he City believed that the change was proper
and passed the ordinance. All newer homes in the area have
complied with the new ordinance and the variance would not
be in good faith with them. ALSO, a variance to the height
requirement might be harmful to a neighbor. FURTHER,
this neighborhood is most likely single family dwellings. I
would investigate to see whither or not Jean's home for
orphans fit the one family dwelling definition. Jean should
have known the zoning BEFORE she bought..
2. Will the fact that Jean is performing a tremendous public service justify the height
variance? Why or why not?
NO !! In my opinion - variances and laws are not for sale.
Further, the "public service" just may not be legal in
this neighborhood.
3. There are a number of lots, due to their topography, that are much more expensive to
build on when conformance to the strict terms of the Code is enforced. Do you believe
that economics should be a factor in considering a variance? If so, to what degree?
NO !! Purchasers should be aware of the costs and codes
before they purchase a lot. If there are a number of
lots with this problem, get the zoning changed for
all the lots.
4. Some people desire to build their "dream home" in Fountain Hills but cannot afford a lot
large enough for the house to conform to the minimum setback requirements. Should we
grant variances so we can have the growth and income in our community?
NO !!
5. A resident has applied to the Committee of Architecture to build an addition onto their
home which would encroach into the rear yard setback area as established in both the
restrictive covenants and the Zoning Ordinance. The Committee of Architecture approved
a variance from the restrictive covenants and the resident applies for a variance from the
Zoning Ordinance. None of the neighbors object, but no special circumstances exist. The
resident wants the addition to serve as a storage room and a bathroom for the swimming
pool. The Zoning Ordinance allows the resident to build a detached building to
accomplish his needs, but they agree that the detached building is much less desirable and
less aesthetically pleasing than the addition. Should a variance be granted because there
is not objection and the proposal is more aesthetically pleasing than the limits of other
parts of the Code will allow? Please explain.
preparation costs are an issue, the house could be redesigned to better fit the lot and stay
within the prescribed setback requirements, and that a variance should not be granted for
view protection? Please explain.
THERE MAY BE MORE TO CONSIDER than just these facts. Will this be the
only request in this area; will more requests be made in this area
if this variance is allowed, and how large a deviation is requested.
1. Costs should not be a matter for the adjustment committee.
2. Neighbors request should be considered but not too heavily.
3. '(here is no hardship in this case that money could not solve.
4. The neighbor could have reasonably know or guessed that
someday, the lot would be sold and a house built there which
t just might block his view.
�`' r 5. Ordinances are made with great study and devised to accomplish
a purpose.
I WOULD PROBABLY VOTE TO DENY.
Chron 13
TOWN OF FOUNTAIN HILLS
(by MEMORANDUM
TO: Hon•\> i
able Mayor and Council
FROM: m
THROUGH: .( •rdin
DATE: u. 27, 2000
RE: Blackbird Drive
30-day Test Closure
At the September 2, 1999 Council meeting, staff presented a
neighborhood petition to close Blackbird Drive. Staff was directed to
explore alternatives to a full street closure.
Since that time, staff has studied all available alternatives including the
impact of each of the surrounding neighborhoods. Staff has also
conducted three public/neighborhood meetings to allow for discussion
and comments from the Blackbird residents and surrounding
neighborhoods. The following issues have been addressed by staff,
residents and other interested agencies:
• Speed bumps and islands are not appropriate due to the street slope
on Blackbird. Emergency services are not in favor of speed bumps.
• The use of"chokers" to narrow the street would limit parking,
impede bicycle traffic and impede legitimate truck traffic such as
garbage trucks.
• Rumble strips may alert the motorist, but do little to promote
alternative routes. They increase noise pollution and require
continuous maintenance.
In addition to the public meeting, staff has met with emergency services,
the school district and the Marshal Department in an attempt to reach a
viable solution. All parties agreed that limiting traffic to one-way
northbound would be the most appropriate traffic calming experiment for
30-days.
Staff set up traffic counters at Golden Eagle Boulevard, Boulder Drive
Blackbird Drive Test Closure.doc Page 1 of 2
Chron 13
and Sierra Madre Drive to assess the current traffic conditions and
estimate the impact of a traffic change on Boulder. Four engineering
"warrants" were considered including speed, line of sight, accident
records and traffic counts to determine the need for a four-way stop at
Golden Eagle and Boulder Drive. The results were as follows:
• Speeds recorded do not meet the 85th percentile.
• Line-of-sight is sufficient for the posted speed of 35 mph.
• Accident records show one accident since January 1994.
• The traffic counts do not meet or are expected to meet the
engineering warrants for a signal or 4-way stop at this intersection.
Staff has attempted to address all of the concerns of the Blackbird,
Boulder residents and the surrounding neighborhoods. A one-way
limited access appears to be the best method for a traffic calming
analysis on Blackbird Drive.
bb
att.
L
L
Blackbird Drive Test Closure.doc Page 2 of 2
FOUNTAIN HILLS
BLACKBIRD DRIVE
TRAFFIC CALMING
On May 11, 1999 there was a meeting with Engineering and Marshal staff and residents in the Blackbird
Drive Neighborhood to discuss traffic calming. As a result of that meeting, Mr. Randy Harrel,Town
Engineer,wrote a May 24, 1999 memo to the residents summarizing the events. There were two criteria
met for traffic calming in this area. The criteria met are:
Total Traffic Volume February 1998 November 1999
1100 Vehicles/Day 1063 Vehicles/Day
Estimated Neighborhood Traffic Volume 300 Vehicles/Day 300 Vehicles/Day
Traffic Speed 50%-ile 85%-ile
Eastbound{downhill) 36 mph 40 mph
Westbound(uphill) 28 mph 36 mph
Combined 32 mph 38 mph
(60 85`h percentile speed of 38 mph(exceeds the 37 mph criteria)
Cut through traffic of 800 vehicles per day on a local,residential street(exceeds the 500 vpd criteria)
The residents in the area wanted to close Blackbird Drive at Boulder Drive.
The residents circulated a petition for a test closure and submitted the petitions to the Town. Randy
Harrel summarized the traffic calming issues and petition in an August 27,1999 memo to the Honorable
Mayor and Council. The staff brought forward for consideration of Council a 30 day test closure of
Blackbird Drive at Boulder Drive.
There was discussion at the September 2, 1999 Council meeting regarding the test closure. The council
moved to continue this issue to allow staff and neighbors time to look at implications of the other
intersections and discuss alternate solutions.
Burgess & Niple
25479/notes.ljw
On October 4, 1999,there was a meeting with residents,Town and Marshal's staff, Fire Marshal and
Burgess&Niple to review alternate traffic calming measures. Attached are possible options for traffic
calming at Blackbird Drive and Boulder Drive discussed at the meeting.
On November 15, 1999,there was a meeting to discuss Blackbird Drive traffic calming with the
Blackbird Drive neighborhood and the neighborhood north of Blackbird Drive along Boulder Drive. The
possible options were reviewed with the people in attendance. The possible options we also reviewed
with the School District.
In December 1999,traffic counts were taken at the intersection of Sierra Madre, Golden Eagle Boulevard,
and Boulder Drive. A summary of the traffic counts are attached. These traffic counts and accident data
at the intersection were reviewed. The traffic counts and accident data do not meet the engineering
warrants for a signal or multi-way stop signs(four way stop intersection).
L
Golden Eagle Boulevard has a posted speed limit of 35 mph. The horizontal and vertical sight distances
at this intersection meets a 35 mph criteria.
The Engineering and Marshal staff and Burgess&Niple bring forward for consideration of the
Council the temporary closure of the south lane on Blackbird Drive at Boulder Drive.
After the 30-day temporary closure,an analysis of the traffic patterns and speeds collected during the
closure will be performed. If at that time,the residents wish to make this closure permanent a p tito is
required with 75 percent of the residents signatures.
25347
LARRY J.
WOODLAV.
‘lior
%Signed:
Burgess & Niple
25479/notes.ljw
Possible
Options
Blackbird
Full Closure
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Town of Fountain Hills
Lir Memorandum
DATE: January 28, 2000
TO: The Honorable Mayor and Common Council
FROM: Jeffrey Valder, Community Development Director< ►"
FROM: Paul L. Nordin,Town Manager
SUBJECT: Consideration of Ordinance 00-03 that would amend Section 11.03 to give the
Town 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 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. If approved 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 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.
On January 27, 2000 the Planning and Zoning Commission considered the proposed amendment.
The Commission voted 7-0 to recommend Town Council denial because the Commission
believes that the amendment would only benefit one individual,and that that individual could
develop his property without this amendment by modifying his plans. The Commission also
believes that that individual could get the relief he is seeking, if that relief is truly warranted,
through the variance or Planned Unit Development(PUD)process. Lastly the Commission
believes that the Council should not"open the door"to make setback modifications on a case-by-
case basis,thereby eroding the hard-won modifications to the multi-family setback regulations.
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):
L
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.
*' 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 approval.
L
TOWN OF FOUNTAIN HILLS
ORDINANCE#00-03
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN
OF FOUNTAIN HILLS, ARIZONA, AMENDING CHAPTER 11 SECTION 11.03
OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS
PURSUANT TO CHAPTER 2,SECTION 2.01 OF THE ZONING ORDINANCE FOR
THE TOWN OF FOUNTAIN HILLS TO ENABLE THE TOWN COUNCIL TO
ALLOW FOR MODIFIED BUILDING SETBACKS FOR NON-RESIDENTIAL
BUILDINGS IN CERTAIN MULTI-FAMILY ZONING DISTRICTS BY SPECIAL
USE PERMIT.
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, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills, provides
for a procedure to amend said ordinance,and;
WHEREAS, The Town of Fountain Hills desires to amend its regulations to enable the Town Council to
allow for modified building setbacks for non-residential buildings in certain multi-family
zoning districts by Special Use Permit,and;
WHEREAS, The procedures detailed in Chapter 2, Section 2.01 of the Zoning Ordinance for the Town
of Fountain Hills have been followed,and;
WHEREAS, The Town of Fountain Hills has rewritten the text of Chapter 11, Section 11.03 of The
Zoning Ordinance for the Town of Fountain Hills and published these proposed text
changes in the official newspaper of general circulation, The Times of Fountain Hills and
Rio Verde on January 12, 19,26,2000 and on February 2,2000 and;
WHEREAS, Public hearings were advertised in the January 12, 19,26,2000 and in the February 2,2000
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
January 27,2000 and by the Fountain Hills Town Council on February 3,2000.
NOW THEREFORE,BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS,ARIZONA AS FOLLOWS:
ORDINANCE 00-03
PAGE 1 OF 2 MS /FAIL�� (=� 3���'
MOTIIIRt— �7
SECOND / ,
COUNT 1.'6 76..e.61
7-7"
Section 1. Pursuant to Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain
Hills, Chapter 11, Section 11.03 of The Zoning Ordinance for the Town of Fountain Hills
shall be amended as follows:
The proposed amendment is shown below. Text to be added is 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.
*' C. Non-residential building over 30 feet in height,but not to exceed 40 feet in height.
D. Require' setbacks for non-residential buildin&s 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.
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona,this 3rd day of February,2000.
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
tilkw ORDINANCE 00-03
PAGE 2 OF 2
Town of Fountain Hills
Memorandum
DATE: January 28, 2000
TO: The Honorable Mayor and Common Council 11
FROM: Jeffrey Valder, Community Development Directgr `-J
THROUGH: Paul L. Nordin,Town Manager
SUBJECT: Special Use Permit for the Fountain View Senior Care Center
Mr. Art Ursu has applied for a Special Use Permit to develop a 43,100 square foot, 100 bed
nursing, convalescent care and assisted care facility in the "R-4" Zoning District, a non-residential
building over 30 feet in height but not to exceed 40 feet in height (34-36 feet is proposed), and a
modified setback for the front yard of 20 feet where 36 feet is required and a modified setback for
the rear yard of 28 feet where 31.5 feet is required. The site is located on the northwest corner of El
Lago Boulevard and Verde River Drive.
On January 27, 2000 the Planning and Zoning Commission recommended Town Council approval
with several significant stipulations. Staff is also recommending approval with a slightly deviated
set of stipulations. Please see the attached staff report for a complete review.
L
TOWN OF FOUNTAIN HILLS
Lir STAFF REPORT
January 28,2000
CASE NO: SU99-14 Fountain View Senior Care Center
LOCATION: A 2.03-acre parcel of land located south of El Lago Boulevard and west of Verde River
Drive,AKA Lot 1 of the Fountain View Subdivision.
REQUEST: Consideration of a Special Use Permit that would allow for a 43,100 square foot, 100 bed
nursing, convalescent care and assisted care facility in the "R-4" Zoning District, a non-
residential building over 30 feet in height but not to exceed 40 feet in height (34-36 feet is
proposed), and a modified setback for the front yard of 20 feet where 36 feet is required
and a modified setback for the rear yard of 28 feet where 31.5 feet is required
PROJECT MANAGER: Jeffrey Valder(V
DESCRIPTION:
OWNER: Arsa"Art"Ursu and Anna Ursu
APPLICANT: Fountain View Senior Care Center,Inc.
EXISTING ZONING: "R-42"
EXISTING CONDITION: The site has been graded as a part of an expired building permit.
PARCEL SIZE: 2.03 acres
SURROUNDING LAND USES AND ZONING:
NORTH: Undeveloped commercially-zoned land in Plat 208,zoned"C-2."
SOUTH: Developed multiple-family zoned lots within Plat 107,zoned"R-4."
EAST: Developed multiple-family zoned lots within Plat 107,zoned"R-4."
WEST: Developed multiple-family zoned lots within Plat 107,zoned "R-4."
STANDARDS FOR REVIEW:
1. Special Use Permits: Section 2.02(beginning on page 2-7)of the Zoning Ordinance.
2. Uses Subject to Special Use Permit in M-1, M-2, M-3, R-3, R-4 and R-5 Zoning Districts:
Section 11.03 (See Page 11-4 of the Zoning Ordinance,and as may be amended according to zoning
case Z00-001.)
SUMMARY:
This request is for approval of a Special Use Permit that would allow for a 43,100 square foot, 100 bed
nursing, convalescent care and assisted care facility in the "R-4"Zoning District, a non-residential building
over 30 feet in height but not to exceed 40 feet in height(34-36 feet is proposed),and a modified setback for
the front yard of 20 feet where 36 feet is required and a modified setback for the rear yard of 28 feet where
31.5 feet is required
L
Town Council Memorandum
SU99-14 Staff Report
January 28,2000
Page 2
According to Section 11.03 (B and C) of The Zoning Ordinance for the Town of Fountain Hills, nursing
homes and non-residential buildings over 30 feet in height may be approved by Special Use Permit. A
proposed amendment to Section 11.03 would also allow for the Town Council to modify required building
setbacks by Special Use Permit.
Mr.Art Ursu,the applicant,desires to build a nursing home on the site. Mr. Ursu began construction of the
nursing home, but due to the fact that construction activity had ceased the building permit for the nursing
home expired about one year ago. In order for the same or a similar development to be permitted under
today's more restrictive multi-family setback and building height regulations, the Town Council could, if
zoning case number ZOO-001 were adopted and if this Special Use Permit approved, enable the approval of
a new(but modified)building permit for the nursing home.
If the Special Use Permit is approved,barring any extension of the Special Use Permit, the applicant will be
required to exercise the Special Use Permit by applying for a building permit for the development within six
months of Town Council approval and by pulling the building permit for the development within one year
of Town Council approval. The building plans would need to be substantially in conformance with the site
plan,elevations,and any stipulations approved by the Town Council.
As noted earlier the Town of Fountain Hills does permit the development of nursing homes within the"R-4"
zoning district with an approved Special Use Permit. The approval of a Special Use Permit is a purely
discretionary action by the Town, and there are no required findings that the Town is required to make in
order to approve the Special Use Permit. In the Town Council's review of a Special Use Permit,the Council
should base its decisions on the degree of compatibility between the proposed use and both the existing and
potential land uses which are or could be developed adjacent to the residential use. In addition, it is staffs
opinion that the Town Council can include stipulations on the development that will serve to mitigate any
negative impact the project will have on the Town,or to ensure compatibility with surrounding land uses.
PROJECT REVIEW:
The applicant proposes to develop a 100-bed nursing facility on the site. The development will consist of
one large building to be located on the southern side of the site,and the parking lot is proposed to be located
between the building and El Lago Boulevard. The building will generally consist of two stories, however
some portions of the building will be three stories. It is at these locations that the building will be
approximately 34 to 36 feet in height,depending on the exact location of the measurement.
Building Height:
The building height limit in the "R-4" zoning district is 30 feet. The added building height will be
noticeable only on the front building elevations as seen from El Lago Boulevard, and will not be visible
from south of the site,where many multi-family residential units are located.
Town Council Memorandum
SU99-14 Staff Report
January 28,2000
Page 3
Building Setbacks:
The building as currently planned encroaches into the front and rear setbacks. The front and rear setbacks
for the site, as for all "R-4" zoned land, are 30 feet or 1.5 times the height of the abutting wall plane,
whichever is greater. The wall plane abutting the rear or west property line is 22 feet high. 22 x 1.5 equals
31.5 feet, so the required rear-yard setback is 31.5 feet from the rear property line. The actual proposed
setback of the building at the rear property line is 28 feet,a difference of 3.5 feet.
The wall plane abutting the front or east property line is 20 feet high,and is proposed to be built on 4 feet of
fill for a total wall height of 24 feet. 24 x 1.5 equals 36 feet, so the required front-yard setback is 36 feet
from the front or east property line. The actual proposed setback of the building at the front property line is
20 feet, a difference of 16 feet. The pre-existing grade of the property near the Verde River Drive cul-de-
sac bulb consisted of a six-foot high slope beginning at the curb, with the building constructed at the top of
this fill slope. The proposed plans show this slope to be raised so that there will be a 10-foot high 2:1 slope
beginning at the curb. Unlike the normal 9-foot wide right-of-way distance between the curb and the
property line, there is only five feet of right-of-way between the Verde River Drive curb and the right-of
way line.
RECOMMENDATION:
In order to clearly present the recommendations of the Planning and Zoning Commission and those of staff,
these two recommendations are shown separately, below. The recommendations are identical, except that
the Commission is recommending no deviations from the existing setbacks, where staff is recommending
modified setbacks for the rear yard, as requested by the applicant, and a 30-foot front setback where the
applicant is requesting a 20-foot setback.
Planning and Zoning Commission Recommendation:
On January 27, 2000 the Planning and Zoning Commission recommended Town Council approval of the
Special Use Permit,Case Number SUP99-14, with the following stipulations:
1. The building shall observe all required setback regulations,without deviation.
2. The building may be built to the approximately 34' to 36' building height as shown on the plans.
3. The cooling tower on the East Side of the property shall be relocated out of the front-yard setback.
4. The concrete block that has been illegally stored on the site shall be removed by 5:00 PM, MST on
February 17,2000 or the Special Use Permit shall immediately become null and void.
5. Prior to any occupancy permit, the developer shall re-grade and revegetate the slope on the south
side of the property, and shall install any erosion control measures as determined by the Town
Engineer.
6. The development shall comply with all building and zoning regulations in effect at the time of
building permit application.
7. The landscaping plan,building colors and roof materials shall conform to the standards of the Town
Center Commercial Zoning District.
Town Council Memorandum
SU99-14 Staff Report
January 28,2000
Page 4
Staff Recommendation:
One of the main reasons the Town Council increased front and street side yard setbacks from 20 feet to 30
feet or 1.5 times the abutting wall height was to eliminate the future possibility of a very large, massive
building to be built close to a street, especially, as in this case, where the building is being built higher than
the street. As currently planned, staff believes that the development of the building at a 20 foot setback
where it abuts Verde River Drive would be wholly inconsistent with Town Council's rational for those
increased setbacks. Therefore, staff recommends that instead of approving a 20-foot front-yard setback,that
the Town should approve a 30-foot front yard setback.
Staff believes that the increased building height of 34-36 feet will not cause a burden to the surrounding
residential property owners, because as viewed from their homes, the added building height will not be
visible and would not impair any views that a 30-foot building would not also impair. Staff also believes
that the reduction of the rear yard setback from 31.5 feet to 28 feet is minimal.
Staff recommends that the Town Council approve SUP99-14, Special Use Permit the Fountain View
Senior Care Center, with all of the following stipulations:
1. The development shall be redesigned to conform to a thirty- (30) foot front-yard setback, and shall
otherwise conform to the approved set of plans.
2. The cooling tower on the east side of the property shall be relocated out of the front-yard setback.
3. The concrete block that has been illegally stored on the site shall be removed by 5:00 PM, MST on
February 17, 2000 or the Special Use Permit shall immediately become null and void.
4. Prior to any occupancy permit, the developer shall re-grade and revegetate the slope on the south
side of the property, and shall install any erosion control measures as determined by the Town
Engineer.
5. The development shall comply with all building and zoning regulations in effect at the time of
building permit application.
6. The landscaping plan, building colors and roof materials shall conform to the standards of the
Town Center Commercial Zoning District.
L
THE TERRACE PHASE III
HOMEOWNERS' ASSOCIATION
16714 E. Gunsight Drive
Fountain Hills, AZ 85268
January 26, 2000
Mayor Sharon Morgan
Town Council
P. O. Box 17958
Fountain Hills, AZ 85269
Re: Fountain View Senior Care Center, aka Lot 1 of the Fountain View Subdivision
Dear Mayor Morgan and Council Members:
The Board of Directors of Terrace III Homeowners' Association representing 32
members of the association, oppose the application for the special use permit for a
nursing home on El Lago Blvd.
We also request that the planning and zoning commission and the town council of the
town of Fountain Hills strictly enforce the present zoning requirements on building height
and set-backs.
Thank you for your consideration.
Sincerely,
Lowell Allen, Vice President
TOWN OF FOUNTAIN HILLS
MEMORANDUM
TO: The Honorable Mayor and Common Council
THROUGH: Paul L. Nordin, Town Manager
FROM: Dana Burkhardt, Planner
DATE: January 28, 2000
SUBJECT: Consider a Special Use Permit, which would allow a 25 foot golf ball net along the
northwestern property line of Parcel "D"of Plat 401-B, Case #SU99-12.
Staff has spent several hours observing the driving range, has reviewed the application closely,
and believes that the proposed fence location will do little, if anything, to protect the homes on
the west side of the driving range. The proposed golf ball fencing will adversely impact the
views, property values and quality of life of which the three of four property owners have
become accustom to.
Planning & Zoning Commission and staff recommend Town Council denial of this Special Use
Permit. Please refer to the staff report for additional details regarding this request.
C
cco
�a TOWN OF FOUNTAIN HILLS
L4-'; COMMUNITY DEVELOPMENT DEPARTMENT
.. _ APPCICA?IO • s M
Date Filed iFeePaid
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ype of Special t�se Requested
PGA c_ 0,AT )RDER.
Address of Subject Property
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Si a ure of Owner 1 HERBY AUTHORIZE(Please Print) �1 �4
Date
I TO FILE THIS APPLICATION.
Subscribed and sworn before me this day of
, 19
Notary Public My Commission Expires
Please Provide the Following (attach additional sheets): (Seal)
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.
(,„,,..: Schedule Attached TFH Case Number
DESERT CANYON
GOLF CLUB
10440 INDIAN WELLS DRIVE • FOUNTAIN HILLS, ARIZONA 85268-6240 • 602.837.1345 • FAX 602.837.1346
Information Required for Special Use Permit
At the Desert Canyon Golf Club Practice Facility
Item # 4. Per Superior Court order, a recreational net is proposed not to
exceed 25 feet in height, color of netting and supporting structures will be
colored to blend in the surrounding area. And an adjacent block wall is
proposed to be constructed not to exceed 6 feet in height with stucco and
paint to match the existing facility.
Item #5. Per Superior Court order all desert areas will be fully restored
as well as the addition of 24" & 36" box trees on both sides of the walls
(ibir and netting. All landscaping will be tied into the existing irrigation main
and additional drip systems will be installed.
The use will remain a practice facility.
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10440 INDIAN WELLS DRIVE sh
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January 23, 2000
Victoria Lilly
16830 E. Nicklaus Dr.
Fountain Hills AZ 85268
Town of Fountain Hills
Planning and Zoning Commission
16836 E. Palisades Dr.
Building C
Fountain Hills, AZ 85268
Attn: Dana Burkhart
Dear Members of the Commission;
I am writing to express my extreme shock and dismay at discovering that
there is a possibility that twenty-five foot tall mesh fences may be put up near
my property that adjoins the Desert Canyon Golf Course driving range. I am the
owner of the property listed above, also known as Lot 43.
My husband and I retired to Fountain Hills in December 1984 from our life
(kir long home in Des Moines, Iowa. My husband was an avid golfer, and we spent a
great deal of time looking for a lot on a golf course where we would build our
home. We looked at many different cities and development throughout the
valley.
While we found many places we liked, we kept returning to Fountain Hills
and the lot we eventually bought. There were many things that were attractive
to us about the lot. It was near the golf course so that it would be convenient
for my husband to play almost daily, which he later did. We liked that it was on
the driving range, instead of the golf course, as we had the benefits of a golf
course lot without the negatives; no loud, boisterous golfers going by in carts or
on foot or wandering into our yard.
The best part of the lot, of course, was the view. The word spectacular
could not begin to describe it. That view made the price of the lot higher, but
we were willing to pay that premium. Because we were next to the driving
range, we knew that the view would never be disturbed or obstructed.
We built our house, and moved in for Christmas, 1984. Our family room,
breakfast area and kitchen were designed to take the most advantage of the
view lot we have. We gaze out over the driving range and see the beauty of
four peaks and the"gun sight" mountain feature. The panoramic view from north
to south, created by looking out over the driving range and across the
neighboring properties' back yards made the view spectacular.
Obviously, we were aware of the driving range and the possibility of stray
golf balls. We have never had a significant problem in all the years we have
lived there. I have four daughters and am the proud grandmother of four, who
now range in age from nine to fourteen. I have enjoyed countless hours with
my daughters and grandchildren, and even their friends, on my porch or in my
back yard enjoying the view.
My husband died in March of 1988. He spent his last days sitting in our
yard taking in the breathtaking view. Now, when I look out across my back
yard, I am constantly reminded of him and how much he enjoyed the special
retirement home we had built together.
Now, I am informed that some neighbors want to install twenty-five foot
high fences and eight-foot walls in an attempt to keep stray golf balls out of their
yard. I am adamantly opposed to this proposal.
While I sympathize with my neighbors' concerns about the potential
dangers of golf balls, it was open and obvious to anyone who looked at the
properties involved as a prospective buyer that the property was adjacent to a
(lbw driving range. Thus, the people who bought these properties knew, or should
have known of the golf ball issue before they bought their properties. All of the
other neighbors bought their properties after making a decision that the benefits
of the view outweighed th9 potential problems presented by stray golf balls.
These petitioning neighbors should not now be allowed to install fences and
barriers to the detriment of all of their neighbor's views.
Further, while I no longer have copies of the Declaration of Covenants,
Conditions and Restrictions (CC&Rs) for the area, and have not yet received the
copy which was to have been sent to my attorney by Fountain Hills City Attorney
William Farrell, it is my belief that the proposed fences violate the CC&Rs and
would never be approved by the Architectural Control Committee.
My most significant concern is of course regarding the impact that these
eyesore fences will have on my property value. It is my understanding that not
only will these fences ruin the view that I have treasured for fifteen years, it will
significantly reduce the property value. This will only occur if the city allows
these fences to go up. Therefore, it is my understanding that the city may have
some responsibility for negatively impacting my property value if these fences go
up.
L
My goal is to continue to enjoy my property as I have been since 1984. I
(kw certainly do not want to become involved in a dispute, but if these fences are
approved, I will take all steps available to prevent them from being erected, as I
simply cannot accept the ruination of the view that I paid for and the property
value that is my most important investment.
Please, do not approve these requests.
Sincerely, \k.) S �A-e- k 1.\
Victoria A. Lilly
L
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t. Dana.,Burkh ardt, Planner _
We wish to formally protest the proposed fences .,on 'the
Desert Canyon driving range.
Fora short time, we lived in Phoenix. The fences made
us feel so :clos •
je ,wan
in, we didn' t- tj to ..stay--there.- Vie . a
picked our-home in Fountain' kilns for the •pristine views the'
openness, and the animals •-we enjoy watching.
We pruchased our home` 14 years-:`ago;_ knowing we were On
a `driving range and might get some"balls' in the yard, which
wedo
Vie were amazed'when .we -saw"a 'home, oin
� � - � . ;. . g .on
g uP
The golf club tried to purchase the lot, -.but` whoever owned it:
wanted more money. At one time_there was a .25 foot. fence up
around that home. You have no idea how offensive it,
is. The
•
tranquil, pristine_ view is ruined. _ It will'.hurt the 'birds,
collect debris, lower our property values.
The Lueders will _put fences up, .upset everyone,' lower
property. values, ruin- the Views,- sell,' and we are stuck with
• = the offensive fences. . .We feel this to be totally. unfair. .
= You have no idea how much time we spend _in our yard.
We enjoy the patio, pool, hot tub, animals, and the calming
effect;_of our ,view. It won' t be like.: that with fences.
Thank: you for taking the time •to read our troubled thoughts.
We truly hope we can reverse the proposed fences.Ed & •• oa 'a Bode
if •
1682 E. 'Nicklaus Dr.
Fountain.Hills, `Arizona 85268 .r
:'-(480)837 1976
Larry W. Lane
10431 N. Indian Wells Dr.
December 14,1999 Fountain Hills,Az 85268
' 480-816-8402
Mr. Jeff Valder
Community Development Director
Town of Fountain Hills
Fountain Hills,Az 85269
{
Dear Sir:
• I recently became aware that Golf International, Inc. (dba Desert Canyon Golf Course)
has received a Superior Court order to put up a 6 foot high wall beginning from the tee
box line closest to the street and continue for 50 feet along the west side of the range.
Then a 25 foot high golf net fence is to be erected southerly along the west side of the
golf range. It is then intended to place trees along the wall and golf net fence on the west
side of the fence.. This has been ordered by Superior Court Judge,the Honorable David
M.Talamante in Case CV99-15464 (Denis Lueders vs. Golf International.
What the Judge failed to understand, was that his solution destroys the views of three
neighbors(Robert Welliver,Ed Bode, and myself-Larry Lane). We currently have views
of Four Peaks, The Superstions, and the Red Rock Mountain and its foothills. The 25 foot
fence with poles and the trees would eliminate these views. All of our properties are
open-aired ,without walls so that we all have beautifull views.
In my own case, I live right next to the range and we bought the housethecause of the
view. Because of the view, we purchased a home 1000 sq. ft. larger than we planned and
spent $130,000 more than we planned. We have these mountain views from our Kitchen,
Eating Area, Great Room, Master Bedroom, and two Patio's.
I do not know when the variance request for permiting will come forward in the process,
but I would like to strongly object to any variance being granted.
I would do this in person, but I will be in the Seattle area for an undetermined period of
time because of a family illness. I can be reached at 360-652-6915.
Sincerely,
G(/ `�
. Lane
L
TOWN OF FOUNTAIN HILLS
(100 MEMORANDUM
TO: The Honorable Mayor and Common Council
THROUGH: Paul L. Nordin, Town Manager
FROM: Dana Burkhardt, Planner
DATE: January 28, 2000
SUBJECT: Consider a Special Use Permit, which would allow a 25 foot golf ball net adjacent
to the north and east property lines at 16850 E. Nicklaus Dr.; Case #SU99-13.
On January 27, 2000, the Planning & Zoning Commission recommended denial of this
application with a 5-1 vote. The primary concerns of the Commissioners are the negative
impacts this net will have on the views of adjacent property owners. The Commissioners also
expressed their concerns with "opening up" opportunities for other residents to request golf ball
nets. Commissioner Downes, who voted against the motion to deny the Special Use Permit,
believed that the net was a reasonable request by the property owner to ensure his family's
(iv personal safety. The Council may recall that the golf ball fencing ordinance resulted from the
exorbitant amount of errant golf shots that this and one other lot has experienced.
Staff recommends Town Council approval of this Special Use Permit with the stipulations in the
staff report. Please refer to the Staff report for additional details regarding this request.
L
TOWN OF FOUNTAIN HILLS
PLANNING & ZONING COMMISSION AND STAFF REPORT
(kr February 3, 2000
CASE NO: SU99-13
PROJECT MANAGER: Dana Burkhardt
LOCATION: Located in Plat 401-B, Block 6 Lot 42; AKA 16850 E. Nicklaus Dr.
REQUEST: Consider a Special Use Permit, which would allow a 25 foot golf ball net adjacent
to the north and east property lines at 16850 E. Nicklaus Dr.
DESCRIPTION:
APPLICANT: Denis & Karin Lueders
OWNER: Denis & Karin Lueders
EXISTING ZONING: "R1-10 RUPD"
EXISTING CONDITION: Developed with a single family home
PARCEL SIZE: 28,534 square feet
SURROUNDING LAND USES AND ZONING:
NORTH: Cypress Pt. Wash and Single family home, zoned "R1-10 RUPD"
SOUTH: Single family, zoned "R1-8 RUPD".
EAST: Golf course, zoned "R1-10 RUPD".
WEST: Single family, zoned "R1-10 RUPD".
SUMMARY:
This request is for approval of a Special Use, which would allow a golf course net to be located
adjacent to the north and east property lines of the owner's property at a height of 25 feet. Golf
ball nets are permitted along golf courses with an approved Special Use Permit subject to specific
criteria Refer to Section 2.02 regarding Special Use Permits and Section 5.09 of the Town of
Fountain Hills Zoning Ordinance, which states the Town's regulations regarding golf ball fences.
CODE REQUIREMENTS:
CHAPTER 11
GENERAL PROVISIONS
5.09 Walls and Fences.
'S A. Height.
1. Except as otherwise provided, no wall (whether retaining or not), fence or hedge,
more than three (3) feet six (6) inches high shall be constructed or maintained
nearer to the front or street side property line than the required front or street side
(kir building setback line. Fences or hedges which exceed the above heights may be
built around schools and other public or quasi-public institutions when necessary for
the safety or restraint of the occupants thereof, within Industrial Zoning Districts,
when a special use permit has been secured for such purposes. Except as
otherwise provided, no non-retaining wall or fence shall exceed six (6)feet in height.
Retaining wall heights and non-retaining walls on top of retaining walls with less
than fifty(50) percent openness, shall follow the standards in Section 5.11.E. of this
chapter, however in no case shall the non-retaining wall exceed six (6) feet in
height. These height regulations shall not apply when fences of greater height are
required by the Planning and Zoning Commission or Town Council in order to
provide adequate screening as required by this ordinance. Note: Those utility
companies which are regulated by the Arizona Corporation Commission may be
allowed increased fence heights due to national,state or local standards.
Golf ball fences may be developed by Special Use Permit if all of the following
characteristics apply:
(a) Golf ball fences may only be developed on lots that directly abut a golf
course or driving range, however, they may not be developed within any
front or street-side yard setback.
(b) Golf ball fences should only be developed within 600 feet of the forward-
most golf course tee box or driving range position. Golf course fences to
protect against errant secondary golf shots may be approved due to
unusual site or course layout circumstances.
(c) Golf ball fences shall be set back from any abutting residential property at a
distance not less than the height of the fence. Golf ball fences may be
located nearer to such a property line with the prior written consent of the
abutting residential property owner.
(d) The maximum height of a golf ball fence shall not exceed twenty-five (25)
lor feet.
(e) Pole color must blend in with background features as viewed from
neighboring properties to minimize its visibility. Net color shall be black.
(f) Landscaping should be used where appropriate to obscure the poles from
neighboring properties.
EVALUATION:
The owner of the property has requested this special use due to the number of errant golf balls
that his property receives from the driving range of the Desert Canyon Golf Course. Mr. Lueder's
house sits along the southwestern boundary of the driving range. Mr. Lueder's application meets
the requirements of the Zoning Ordinance in that his lot is directly adjacent to a golf course, he is
within 600 feet of the tee locations, his proposed fence does abut another residential property,
and therefore must setback the height of the fence (25') from the abutting (lot 43) property line.
The fence is to be maintained on the applicant's property and cannot encroach onto the golf
course.
Staff has received three letters of opposition (attached). The Bodes, Victoria Lilly, and Mr. Lane,
feel that this is not an environmental or an aesthetically acceptable solution. They would prefer
that the Planning and Zoning Commission deny this request for golf ball fencing.
(kw On January 27, 2000, the Planning & Zoning Commission recommended denial of this application
with a 5-1 vote. The primary concerns of the Commissioners are the negative impacts this net will
have on the views of adjacent property owners. The Commissioners also expressed their
concerns with "opening up" opportunities for other residents to request golf ball nets.
Commissioner Downes, who voted against the motion to deny the Special Use Permit, believed
that the net was a reasonable request by the property owner to ensure his family's personal
(so safety. The Council may recall that the golf ball fencing ordinance resulted from the exorbitant
amount of errant golf shots that this and one other lot has experienced.
RECOMMENDATION:
The Planning & Zoning Commission recommends denial, staff recommends approval of
SU99-13, Special Use Permit to allow a golf ball fence as a special use along the applicants north
and east property lines subject to the regulations of the Zoning Ordinance of the Town of Fountain
Hills, Chapter 5, Section 5.09.A Walls and Fences with the following stipulations:
1. That the entire fence including anchors and landscaping are maintained on the
applicant's property.
2. That the applicant maintain the golf ball fence heights distance (25') from the
abutting property line ( lot 43).
3. That the applicant shall maintain compliance with hillside disturbance
requirements.
L
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J.,ITAIN y!
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a
`'� TOWN OF FOUNTAIN HILLS
�_ I COMMUNITY DEVELOPMENT DEPARTMENT
E
i = . O(A tlStRERM ' P EICATiO - '" 4x l.:..:
1
1
` Date Filed Fee Paid Accepted y
I I —.3 -9 0
Type of Special Use Requested
G- o ( F &ALL Fenc e
Address of Subject Property Zoning
-o c
/685 A) fc k 1_4as JQ Ri -l o
Legal Description: Plat Block 6 Lot(s)
Applicant
Day Phone
DEN iS LlA Eoi,ns g36 -o /6F
Address
/6�� C. bi ckuhis ®/Z _ C� FT. / 7L/S ST L Z�pFSs26C
Owner Day Phone
S S E
Address City ST Zip
Signature of Owner I HERBY AUTHORIZE(Please Print)
Date
/�1%u-�--t Vc,/...e_aciA--, TO FILE THIS APPLICATION.
Subscribed and sworn before me this day of 19
My Commission Expires
Notary Public
(Seal)
Please Provide the Following(attach additional sheets):
Mailing labels with names and addresses of all property owners within 300 feet of the external
boundaries of the subject property.
4. 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.
4. 1 8.5" X 11" photostatic reduction of each of the above referenced exhibits.
411. Describe the proposed use, the operations of the use, and the facilities proposed for the land use.
" . 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
Fee Schedule Attached
• •
(ire
Denis A. Lueders TOWN OF FOUNTAIN HILLS
16850 E.Nicklaus Drive
Fountain Hills, AZ 85268 JAN 0 3 2000
Phone:480-836-0468 COMMUNITY DEVELOPMci•
DEPARTMENT
December 29, 1999
Town of Fountain Hills
Community Development Dept.
Fountain Hills,AZ
Dear Madam/Sir:
We are applying for a special use permit for golf ball netting to protect our house and persons against the
incessant onslaught of golf balls from the Desert Canyon Golf Course Driving Range. The number of balls
arriving on our property approximates 1000 balls a month. People,pets,roof,walls,glass have all been
damaged and injured. The net is needed for us to be able to use our house and yard and prevent further
damage and more personal injury.
(kw The proposed installation will be on the north and east side of our yard at the border of the drainage area to
the north and the golf course to the east. It will run from in front of the garage to a point perpendicular to
the rear dining room extension. Total length will be approximately 160'.height will be 25'.
It will be errected in the same area as the tree line. The trees will help to hide the poles and the fence.
The impact on surrounding houses in the area will be minimal as our house is at the low point in the area.
The trees planted in the area will hide all but the top portion of the netting. The netting will be mostly
transparent so any blockage of views will be minimal.
Sincerely,
Denis A. Lueders
Enclosure
L
s
January 23, 2000
cor Victoria Lilly
16830 E. Nicklaus Dr.
Fountain Hills AZ 85268
Town of Fountain Hills
Planning and Zoning Commission
16836 E. Palisades Dr.
Building C
Fountain Hills, AZ 85268
Attn: Dana Burkhart
Dear Members of the Commission;
I am writing to express my extreme shock and dismay at discovering that
there is a possibility that twenty-five foot tall mesh fences may be put up near
my property that adjoins the Desert Canyon Golf Course driving range. I am the
owner of the property listed above, also known as Lot 43.
My husband and I retired to Fountain Hills in December 1984 from our life
long home in Des Moines, Iowa. My husband was an avid golfer, and we spent a
great deal of time looking for a lot on a golf course where we would build our
home. We looked at many different cities and development throughout the
valley.
While we found many places we liked, we kept returning to Fountain Hills
and the lot we eventually bought. There were many things that were attractive
to us about the lot. It was near the golf course so that it would be convenient
for my husband to play almost daily, which he later did. We liked that it was on
the driving range, instead of the golf course, as we had the benefits of a golf
course lot without the negatives; no loud, boisterous golfers going by in carts or
on foot or wandering into our yard.
The best part of the lot, of course, was the view. The word spectacular
could not begin to describe it. That view made the price of the lot higher, but
we were willing to pay that premium. Because we were next to the driving
range, we knew that the view would never be disturbed or obstructed.
We built our house, and moved in for Christmas, 1984. Our family room,
breakfast area and kitchen were designed to take the most advantage of the
view lot we have. We gaze out over the driving range and see the beauty of
four peaks and the"gun sight" mountain feature. The panoramic view from north
to south, created by looking out over the driving range and across the
(ow neighboring properties' back yards made the view spectacular.
Obviously, we were aware of the driving range and the possibility of stray
golf balls. We have never had a significant problem in all the years we have
lived there. I have four daughters and am the proud grandmother of four, who
now range in age from nine to fourteen. I have enjoyed countless hours with
my daughters and grandchildren, and even their friends, on my porch or in my
back yard enjoying the view.
My husband died in March of 1988. He spent his last days sitting in our
yard taking in the breathtaking view. Now, when I look out across my back
yard, I am constantly reminded of him and how much he enjoyed the special
retirement home we had built together.
Now, I am informed that some neighbors want to install twenty-five foot
high fences and eight-foot walls in an attempt to keep stray golf balls out of their
yard. I am adamantly opposed to this proposal.
While I sympathize with my neighbors' concerns about the potential
dangers of golf balls, it was open and obvious to anyone who looked at the
properties involved as a prospective buyer that the property was adjacent to a
driving range. Thus, the people who bought these properties knew, or should
have known of the golf ball issue before they bought their properties. All of the
other neighbors bought their properties after making a decision that the benefits
of the view outweighed the potential problems presented by stray golf balls.
These petitioning neighbors should not now be allowed to install fences and
barriers to the detriment of all of their neighbor's views.
Further, while I no longer have copies of the Declaration of Covenants,
Conditions and Restrictions (CC&Rs) for the area, and have not yet received the
copy which was to have been sent to my attorney by Fountain Hills City Attorney
William Farrell, it is my belief that the proposed fences violate the CC&Rs and
would never be approved by the Architectural Control Committee.
My most significant concern is of course regarding the impact that these
eyesore fences will have on my property value. It is my understanding that not
only will these fences ruin the view that I have treasured for fifteen years, it will
significantly reduce the property value. This will only occur if the city allows
these fences to go up. Therefore, it is my understanding that the city may have
some responsibility for negatively impacting my property value if these fences go
up.
L
41.0
My goal is to continue to enjoy my property as I have been since 1984. I
certainly do not want to become involved in a dispute, but if these fences are
approved, I will take all steps available to prevent them from being erected, as I
simply cannot accept the ruination of the view that I paid for and the property
value that is my most important investment.
Please, do not approve these requests.
Sincerely, Us. ' e LI.,(N
Victoria A. Lilly
Y
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- -
� - it 1 r�f rL ^ . r
-: Dana,Burkh ard , P1anner �<- .. We wish -to formally.
protest 7 the proposed. fences..on the
Desert Canyon driving range.
For a 'short time, ..we lived in Phoenix. The <fences 'made : 1 ..
.a , us' feel sok closed' in, we didn' tl-want to ' 7 '' ,, '
.stay- .th"ere. :.We
picked• our`-home in Fountain' Hills for -the "pristine views,` the
open ness,- and the animals we enjoy-jo y- watching.
- We' pruchased our: home 14
. .- years�:ago;� knowing '•
g .we were :on
a 'driving range 'and might get'%some-'balls in "•the :yard, which
:we _do:
le were amazed when we,-• saw- a home :going:'.up Ton lot .#4,2._
The' golf club tried: to purchase the lot,--but_ ` whoever.. owned it;=
•
wanted more money. At one 'time_ there was a •25 foot. fence up -
•around that home. You have no idea how offensive it is. The
•
- tranquil, pristine_view is ruined. _It will ;hurt -the.•birds,
collect debris, lower our property .values.
• The Lueders will :put fences up, 'upset everyone, lower
property values, ruin- the views, sell, and we are stuck with
the offensive fences. We feel this . to be tot•ally. unfair. -
- You have no idea how much time we spend in our yard. -';
We : ''-1 o the µ1
J y patio, -pool, hot tub, animals, and the calming
effect, of our view. _..• It won' t be ' like that with--;fences.
' -Thank: you for taking 'the -time to read our troubled thoughts. ..
•We truly hope we can reverse the proposed fences.
_ Ed & • oa ,e Bode .
(6., .
`�7 ,
s r..
1682 :=E. Nicklaus Dr.
- Fountain Hills, Arizona :85268 1r= : ' <
{4'80;83? 1976 a • _ :,,• j �L�3:i�ti
sF `
{
Larry W. Lane
10431 N. Indian Wells Dr.
cor
December 14,1999 Fountain Hills,Az 85268
480-816-8402
Mr. Jeff Valder
Community Development Director
Town of Fountain Hills
Fountain Hills,Az 85269
Dear Sir:
I recently became aware that Golf International, Inc. (dba Desert Canyon Golf Course)
has received a Superior Court order to put up a 6 foot high wall beginning from the tee
box line closest to the street and continue for 50 feet along the west side of the range.
Then a 25 foot high golf net fence is to be erected southerly along the west side of the
golf range. It is then intended to place trees along the wall and golf net fence on the west
side of the fence.. This has been ordered by Superior Court Judge,the Honorable David
M.Talamante in Case CV99-15464 (Denis Lueders vs. Golf International.
Loy What the Judge failed to understand, was that his solution destroys the views of three
neighbors(Robert Welliver,Ed Bode, and myself-Larry Lane). We currently have views
of Four Peaks, The Superstions, and the Red Rock Mountain and its foothills. The 25 foot
fence with poles and the trees would eliminate these views. All of our properties are
open-aired ,without walls so that we all have beautifull views.
In my own case, I live right next to the range and we bought the houseibecause of the
view. Because of the view, we purchased a home 1000 sq. ft. larger than we planned and
spent $130,000 more than we planned. We have these mountain views from our Kitchen,
Eating Area, Great Room, Master Bedroom, and two Patio's.
I do not know when the variance request for permiting will come forward in the process,
but I would like to strongly object to any variance being granted.
I would do this in person, but I will be in the Seattle area for an undetermined period of
time because of a family illness. I can be reached at 360-652-6915.
Sincerely,
. Lane
L
My Name is Larry Lane. I live at 10431 N. Indian Wells Dr., Fountain Hills or Lot
cow
45, Block 6, Final Plat 401B. My property is located on the west side of the Desert
Canyon Golf Course Driving Range. The proposed wall and golf fence would go
along most of my entire east boundry and ruin my views. I will lose my view from
two patios,kitchen, eating area,great room and master bedroom.
Mr Lueders property should never have been platted as a buildable lot,it should
Never have been put up for sale except maybe to the golf course, never should have
Been purchased,never should have been given a building permit,and never should a
House ever been built on it.
As we all should know, in real estate, location ,location, location is the one of the
(Ow Prime criteria for purchasing property. We came down here for 10 years , looking
For the right place, and putting about 2000 miles on the rental car each year. We
First saw Fountain Hills in 1988 and we kept coming back every couple of years.
We rented an apartment for 6 months in 1997 while we looked in detail at Fountain
Hills and one other location. Historically,we have always built our homes,
But we wanted to insure our views by buying in an established neighborhood
So that no one would build a new home and block our view.
In 1997,we selected Fountain Hills and bought this particular home primarily
Because of the outstanding views that it has. We intend to live here for the next
25-35 years, God willing. In other words,we have made a long term commitment
to stay in this community.
L
One of the main features of this part of the community is based on the great views
That are provided by the layout of the land,hills,streets and without walls,fences,
Telephone poles, and street lights. It is a very wide open area with panoramic views
For instance, MCO Realty's Millennium Edition, has 39 out of 54 ads (72%) talking
About views. Some of the descriper words used are Spectacular, Breathtaking,
Fantastic. Majestic, Panoramic, Incrediable, Unobstructed views, ETC. In
Addition in the written articles or pictures, the VIEWS are mentioned 19 times.
Some of these ads are for: Visiera, Crest View,Firerock,Copperwynd, Bela Lago,
Stoneridge, Yoder Built Homes,Etc. In the January/February issue of The State
Of Arizona Golf, there is a picture of Red Rock Mtn from Firerock C.C. This is a
Similar view of what I have.
This proposed wall and golf fence not only negatively impacts my neighbors and
Myself from a VIEW and ECONOMIC VALUE standpoint of our property,
But also has a negative impact from a Wildlife and Bird standpoint. Most of us
Have left our back property as natural desert. We have lots of Birds, Coyotes,
Rabbits, and Havalenas going through our backyards. Last year we had a Havalena
Mother with two babies nesting on the boundry line between the Bodes and myself.
Stop and think what the proposed wall and fence will do to them and their freedom.
Addtionally, I'm, sure the wall and partically the golf fence will probably catch
Blowing trash.
The 6' wall will do nothing to stop golf balls from going into Mr Lueders yard,if
That is the intent. If the intent is to direct golfers to hit towards the left portion of
The range, then a 2' high wall would accomplish that. Another way to accomplish
The same thing,would be to partially turn the right side of the Tee line to the left.
I am nearsighted and at 50' without my glasses, The 25' high invisable golf fence
ISNOT Invisable. At about 70' w/o my glasses it does become invisable. With my
Glasses,I can see the fence out to 150'. I confirmed this using the golf course
Invisable fence in their parking lot this afternoon.
(Ow I believe as a community ,we have to be very careful of setting a new standard
Where one property owner can take away the views and negatively impact
The values of his or her neighbors property. If you start this ,you could end up
With a lot of new variance requests and they may be requested for 30' or 40'high
The place to stop this issue in the future is during
THE PLATTING PROCESS, NOT LATER.
I respectively request that you deny a permit to build the 6' wall and the 25'
Golfing fence.
L
7 • .
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TOWN OF FOUNTAIN HILLS
MEMORANDUM
TO: The Honorable Mayor and Common Council
THROUGH: Paul L. Nordin,Town Manager
FROM: Geir H. Sverdrup, Senior Plann _�
DATE: January 28, 2000
SUBJECT: Preliminary Plat for FireRock Country Club Parcel "M-2" (S99-035) and Cut/Fill
Waiver FHCFW00-01.
Please find attached Planning and Zoning Commission reports for the FireRock Country Club
Parcel "M-2" and the accompanying cut and fill waiver. The preliminary plat and cut/fill waiver
were recommended for approved by the Planning and Zoning Commission on January 27, 2000.
Please refer to the attached staff reports for additional details regarding these requests.
L
L
TOWN OF FOUNTAIN HILLS
PLANNING AND ZONING COMMISSION REPORT
February 3,2000
CASE NO.: S99-035 &FHCFW00-01
PROJECT MANAGER: Geir H. Sverdrup, Senior Planner
LOCATION: East of Fireridge Trail and. north of the Salt River Pima Maricopa
Indian Reservation, located within the Fire Rock Country Club Area
Specific Plan.
REQUEST: Consideration of the Preliminary Plat of FireRock Country Club
Parcel "M-2" Subdivision, which is a 17.78 acre, 22 lot, 3 tract
subdivision and a Cut and Fill waiver for a 16.6 foot fill and a 12.5
foot cut.
DESCRIPTION:
OWNER: Fire Rock L.L.C.
APPLICANT: Dan Kelly for Fire Rock L.L.C.
EXISTING ZONING: "R1-18 P.U.D."
SURROUNDING LAND USES AND ZONING:
NORTH: Vacant,zoned "R1-18 P.U.D." (F.C.C.A.S.P.)
SOUTH: Vacant, Salt River Pima Maricopa Indian Reservation
EAST: Vacant; 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.) and Golf Course/ Residential
O.S.R./R1-8A (Eagle Mountain)
SUMMARY:
This request by FireRock L.L.C. is for approval of the Preliminary Plat for the FireRock Country
Club Parcel "M-2" Subdivision and a Cut and Fill waiver for a 16.6 foot fill and a 12.5 foot cut.
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.
3. The request for a Cut and Fill waiver for a 16 foot fill.
P&Z Commission Report S99-035,FHCFW00-01
(ise FireRock Country Club Parcel"M-2"
February 3,2000
Page 2
Conformance with Fire Rock Country Club Area Specific Plan:
The adopted General Plan Land Use Map was amended by GPA 97-01; Fire Rock Country Club
Area Specific Plan. This area was designated for "Single-Family/Low density land uses, with a unit
range of 38-86 units and a proposed unit count of 20 units. Parcel "M-2"proposes 22 lots.
After staffs review of the proposed Preliminary Plat Fire Rock Country Club Parcel "M-2"
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 DES CRIPTION:
The topography of the property for Parcel "M-2"is sloping hillside with areas of moderate to severe
slopes. Slopes of 10-20% are predominate in the southern half of the proposed subdivision. Slopes
of 20-30% are predominate in the northern half of the proposed subdivision There are few areas of
less than 10% and 30% slopes. The subdivision proposes one new cul-de-sac street off of Fireridge
Trail. 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 "M-2" are approximately 23,000 s.f. below the allowable disturbance limits. The on and off-
site subdivision improvements will be shown on forthcoming improvement plans and their
construction will be required to be assured prior to Final Plat recordation.
ISSUES:
The Subdivision Technical Review Committee met with the applicant to discuss the preliminary
design of the subdivision on November 29, 1999. The Subdivision Technical Review Committee
P&Z Commission Report S99-035,FHCFW00-01
FireRock Country Club Parcel"M-2"
February 3,2000
Page 3
issues are as follows:
Community Development Department:
1. 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
2. Title needs to note that this is a replat of the FireRock Country Club Master Plat
3. 5-foot contours are not adequate for review, provide 2-foot contours and a slope analysis
map.
4. Indicate all areas of significant vegetation and/or rock outcroppings and provide Hillside
Protection Easements for each.
5. Note zoning of all adjacent plats,tracts,etc.
Fountain Hills Engineering Department:
General
1. Provide soils report with final plat submittal.
Sheet 1 of 3
1. Revise index map: Put an asterisk (*) symbol on those lot numbers that may need a
sewer lift station.
2. Provide a note to read "Lot may require an individual sewage lift station in order to
access the proposed main".
3. Clarify the 6' distance between buildings.
4. Show street names.
P&Z Commission Report S99-035,FHCFW00-01
FireRock Country Club Parcel"M-2"
February 3,2000
Page 4
Sheet 2 of 3
1. Show street name.
2. Place an asterisk (*) next to lot number to indicate which lots may require an individual
sewage lift station to access the proposed sewer main. Provide a note to read "Lot may
require an individual sewage lift station in order to access the proposed main".
3. Provide runoff computations for natural runoff through lots to determine Q's. If Qioo's
are+15 cfs, a 20' wide minimum drainage easement is required for Lots 7, 8, 9, 10 and
11.
4. Provide a drainage easement for drainage structure on Lot 1 and outlet structure within lot
8.
5. Show CL (centerline) % slope and grade breaks on M-2 street plan view with flow arrows
showing runoff direction along gutter.
LP' 6. Show cul-de-sac radius.
7. Show Q's from off-site areas flowing onto the site and also leaving site.
8. Provide a 1' NVAE along Westwind Drive frontage for lots 1-6.
Sheet 3 of 3
1. Provide a 1' NVAE along the Tract B and Tract C frontages.
2. Provide runoff computations for natural runoff through lots to determine Q's. If Qioo's
are 15+cfs, a 20' wide minimum drainage easement is required for Tract B and lots 15,
16, 17 and 18.
3. Show pavement and sidewalk cross % slope on Westwind Drive, FireRidge and M-2
street typical street section detail.
4. Show Q's from off-site areas flowing onto the site and also leaving site.
Drainage Report
Text/Report (Sheets 1-7)
P&Z Commission Report S99-035,FHCFW00-01
FireRock Country Club Parcel"M-2"
February 3,2000
Page 5
1. General (3.1)—Sheet 6: Include more discussion on the type of culverts and catch basins
used for the project.
Appendix A
• Submit a flow routing diagram for the whole site. Includes street quantity flows (Q) and
off-site Q's. Show flows intercepted and flowby Q's at all concentration points (inlets or
openings).
• Include the table as discussed in Item#2 on drainage exhibit comments.
Appendix B
• No comments.
Appendix C
• No comments.
Appendix D
• Label all inlets on drainage exhibit.
Appendix E
• No comments.
2. Drainage Exhibit
• Show limits of W-4 sub-basin. It appears to be part of W-1 sub-basin.
• Include a table on exhibit showing:
(a) all Q's (10-year and 100-year) for each sub-basin;
(b) all concentration points;
(c) intercepted flow and flowby Q's at all drainage structures (concentration points);
(d) all types and sizes of drainage structures; and (e) show Q's for all drainage sub-
basins.
3. Show all drainage easements on drainage exhibit map.
(liar 4. Number/identify inlets and storm drain structures on drainage exhibit map.
P&Z Commission Report S99-035,FHCFW00-01
FireRock Country Club Parcel"M-2"
February 3,2000
Page 6
5. Show all street flow Q's and grade breaks.
Fountain Hills Fire District:
Add one (1)in turning bulb(between 8 & 9)due depth of lot 8.
With the latest submittal the applicant has addressed the technical review comments. The
applicant has addressed the major technical review comment and the remaining issues are minor
and will be addressed at the improvement plan review stage. This engineering department has
the following comments:
General
1. Provide soils report with final plat submittal.
2. Provide final drainage report with final improvement plans.
Drainage Report
3. No comments.
Drainage Exhibit
4. No comments.
Cut and Fill Waiver
The applicant is proposing a fill of 16.6 feet located at the intersection of Desert Wash Trail and
Fireridge Trail, and a 12.5 foot fill at the end of the Desert Wash Trail cul-de-sac This proposed
waiver is to meet the requirement of the Town's Engineering Department's sight distance
requirement and vertical curve for the roads. The applicant has stated that they have minimized
the fill areas by aligning the roadways, vertically and horizontally and added retaining walls.
Specifically the fill is located in the roadway adjacent to lots 3 & 14, the cut is located adjacent to
lots 6 & 7. The area of the requested fill is in previously undisturbed areas of the FireRock area.
It will not be visible from Shea Blvd. Although the fill and the cut will be visible from the
interior of FireRock they will also be visible from Eagle Mountain. Staff would therefore
recommend that terraced retaining walls be required at a height of no more than 42" each to
reduce the visual impact. As the fill is for the roadway construction and the applicant has
provided a street which meets the needs and requirements of the Town Engineering Department,
staff recommends that the Commission recommend approval of this cut/fill waiver with 42"
retaining walls.
L
P&Z Commission Report S99-035,FHCFW00-01
FireRock Country Club Parcel"M-2"
February 3,2000
Page 7
Planning and Zoning Commission:
The Planning and Zoning Commission heard these applications at the January 27, 2000
commission meeting. The Cut and Fill waivers generated a minimal discussion regarding the
road alignment, vertical curve and sight easements. After staff's presentation, the Commission
unanimously recommended approval of both the cut and fill waiver request and the 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 approval
the Preliminary Plat for the FireRock Country Club Parcel "M-2" subdivision and the Cut and Fill
Waiver, subject to the following stipulations:
1. Place a H.P.E. on Tract "B"
2. Submit a landscape plan with the improvement plans. Landscape areas should include the
unlotted frontages, cul-de-sac bulb ends, median islands, and the downhill face of
411w retaining walls (outside of the lots). All other disturbed areas shall be revegetated.
Indicate that these areas will be maintained by a homeowners' association.
3. Provide soils report with final plat submittal.
4. Provide final drainage report with final improvement plans
5. Retaining walls associated with the fill waiver and roadway grading shall not exceed a
maximum height of 42", roadway grading shall not exceed the standards set forth in
Chapter 5 of the Zoning Ordinance.
L
TOWN OF FOUNTAIN HILLS
COMMUNITY DEVELOPMENT DEPARTMENT
ems '! ,, jx,„ .,,a �. , p• '!! _ ; g, r t
Date Filed Fee Paid
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Number of Tracts Zoning
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General Plan Land Use Designation
Si,volI z ru,z,1// / (1-6L)
Density Requetbd(Dwelling Units Per Acre)
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Applicant Day Phone
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Address City ST Zip
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Attachments (Please list)
Signature of Owner I HERBY AUTHORIZE (Please Print) Date
G_____De-------,./71 TO FILE THIS APPLICATION. ,'c- ?L �,/F%
Subscribed and sworn re me this day of 19
My Commission Expires
Notary Public
(Seal)
TFH Case Number
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PIRIBOCE CLUB =CA'
' °"A'"SIGN D: and Assoaates,Inc.
CA8 c 8:' ♦ M-2 Of er I P IPlan*,Olow■ItEY-NOM AND ASSOC.INC. .
� IDNarI Plan*,and )w0 North Isa Stmt.SW*250 —
o v� DAIL 12/17/99 EnNmmattd Carotmb Aloe,Arizona 01010 (!b!)964-6500 Iq. BY DALE MIN.
FireRock Country Club Cut/Fill Waivers
Parcel Cuts 1 #of feet i Fills 1 #of feet
D 4 i 2@ 12.1, 13.2, 17.91 0
G 2 I 10.7, 11.4 ! 0
H-2 1 i 11.4 1 10.2
l 2 11.5, 14.8 0
J-2 3 10.3, 10.5, 18.1 0
M-2 r_ 1 . 2 5 1 kL 4
O-1, O-2 1 12 4 2@ 14, 16, 17
0-2 0 1 16
Total 14 j 1 7
Row(s) shown in grey=current request
All others previously approved
L
N'
-j TOWN OF FOUNTAIN HILLS
Lam:oe COMMUNITY DEVELOPMENT DEPARTMENT
Date Filed , Fee Paid •
/,.9_ G-�-� -7 F 1l iAccepted By
Cr
cC� �� ie GrIZt>
Subdivision Name
Subdivider/Developer —
. Pit:Zr -c k 2_2-< (Owner or Rep. Name) (Firm )/<;.N�fy _ :�.,j
Address Day Phone
/�" 5- �. s T ��/��+ Rh...CI ST yg`7 - ers_ a C)//City
Fot.,,t.,1? , �, I/s Zip
Planner/Engineer / 6-=;,:�F
�iv b /�,__L,�s,v (Planner/Engineer Name) x ,,4/r,� _,`t`� (Firm Name)
Address Day Phone
"� ill /S-'`` S r-tom f T S I
City
_5�. - 4"e.;�- °yy-sse)<.
ST Zip
NikreParcel Size (in acres) Proposed Number of Lots Lot Number(s)Affected
,
/7 78Cr,rs z�
Maximum Depth of Cut(in feet) Maximum Depth of ill (in feet)
/2 , �e`'-' f /c-. 'lee
Please include the following (attach additional sheets):
1. A grading plan showing the areas of cut and/or fill in excess of the 10 foot limitation.
2. A narrative explaining the need for greater than 10 foot cuts and/or fills and what steps have been taken to
keep the degree of cuts and/or fills in excess of 10 feet to a minimum.
Ni' If application is being filed by an agent of the owner, please complete the following shaded
section.
I t' ika:' ._ - �� � Asa
`mo
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;- tc� ,T c �f� i- � � g.fi r� - � 1,..+.:-.n,� a "�" t aL�afi� r ��+xe ryw� � � tA ' � s� �M . ^tsza
Fee: $300
TFH Case Number
pRERocK
January 19, 2000
Mr. Geir Sverdrup, Senior Planner
Community Development
Town of Fountain Hills
16836 East Palisades Boulevard
Fountain Hills, Arizona 85269
Re: Cut & Fill Waiver For M2
Dear Mr. Sverdrup:
Attached are cut and fill waiver request for parcel M2 in FireRock. This parcel will require road
grading that will exceed a 10 foot fill and 10 foot cut.
The 16.6 fill occurs just north of the intersection with FireRidge Trail as the cul-de-sac road crosses a
wash. Realigning the road to the east exasperates the fill situation. Moving the road to the west to
eliminate the fill would place the intersection too close to the existing intersection of FireRidge Trail
• and Mira Vista. We can look at steepening the curve to take up some of the fill but this leaves a steep
climb right up to the intersection. This would reduce but not eliminate the fill over ten feet.
The cut of 12.5 feet occurs at the cul-de-sac itself and is primarily driven by the required width of the
cul-de-sac. Shifting the cul-de-sac to the north or to the east creates a fill into a wash and will create
a large fill slope and possibly a 10 foot or greater fill.
FireRock appreciates your consideration of these cut and fill waivers. If you have questions please
call.
Sincerely,
—Daniel T. Kell
FireRock LLC
file:h\wp\frccAletterm2 cut/fill
15925 East Shea Boulevard
Post Office Box 19840
Fountain Ilills,Arizona 85269
A e:::)
Phone (480)836-0112
(00es. Fax(480) 836-0938
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TOWN OF FOUNTAIN HILLS
MEMORANDUM
L
TO: The Honorable Mayor and Town Council
VIA: Paul Nordin,Town Manager
FROM: Geir Sverdrup, Senior Plan _
DATE: January 28, 2000
SUBJECT: Consideration of amending The Zoning Ordinance of the Town of Fountain Hills by
amending Chapter 6 Section 6.07.D.2.d of The Zoning Ordinance of the Town of
Fountain Hills amending the requirements for identification signs for building
complexes or centers located in the "C-2, C-3, IND-1 &IND-2"Zoning Districts.
On October 6, 1999 the Planning and Zoning Commission initiated the following text amendment.
Staff recommended that the Commission amend Chapter 6 Section 6.07.D.2.d of The Zoning
Ordinance of the Town of Fountain Hills. The current text allows an identification sign for a
building complex or center, located in "C-2, C-3, IND-1 & IND-2", to be as large as 100 square
feet and six feet in height. Other monument/freestanding signs permitted in these zoning districts
are limited to 24 square feet and five feet in height. An example of this type of sign is found at
the retail center located at the northwest corner of Shea Blvd. &Monterey Dr.
The proposed amendment reduces the allowable identification sign area for a building complex or
center, located in "C-2, C-3, IND-1 & IND-2" zoning districts, to 24 square feet and reduce the
height to five feet. Thereby making such sign consistent with all other permitted
freestanding/monument sign in commercial and industrial zoning districts. The proposed
amendment is shown below. Additions are double underlined and deletions are €c
Chapter 6
Sign Regulations
6.07 Signs Permitted For Non-Residential Uses In The Following Districts
D. C-2,C-3,IND-1 and IND-2 Districts.
d. Identification signs for building complexes or centers shall meet the following regulations:
(1) No more than one (1) sign per street frontage.
(2) The freestanding sign(s) shall be a part of the comprehensive
sign package.
(3) The maximum height of any freestanding sign shall not
exceed five (5)oix-(-6-)feet.
(4) Maximum sign size shall be twenty-four(24) square feet Ow
(5) A proposal for signing for the entire center shall be submitted
prior to the issuance of any sign permit.
The Planning and Zoning Commission heard this text amendment at the January 27, 2000
Commission meeting. The Commission unanimously recommended approval of the amendment.
TOWN OF FOUNTAIN HILLS
ORDINANCE 00-04
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
CHAPTER 6 SECTION 6.07.D.2.D OF THE ZONING ORDINANCE OF THE TOWN
OF FOUNTAIN HILLS AMENDING THE REQUIREMENTS FOR IDENTIFICATION
SIGNS FOR BUILDING COMPLEXES OR CENTERS LOCATED IN THE "C-2, C-3,
IND-1 & IND-2"ZONING DISTRICTS.
WHEREAS, The Town of Fountain Hills adopted Ordinance #93-22 on November 18,
1993, which adopted the Zoning Ordinance for the Town of Fountain Hills;
and
WHEREAS, Chapter 2, pROCEDURES. Section 2.01, Amendments or Zone Changes.
establishes the authority and procedures for amending the zoning
ordinance; and
WHEREAS, Public hearings were advertised in the January 12,19 and 26, 2000, editions
of The Fountain Hills Times, pursuant to Arizona Revised Statutes §9-462.04,
and
WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning
Commission on January 27, 2000 and the Mayor and Common Council on
February 3, 2000.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN
OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS:
Section 1, The Town of Fountain Hills Zoning Ordinance, Chapter 6 Section 6.07.D.2.d
of The Zoning Ordinance of the Town of Fountain Hills amending the
requirements for identification signs for building complexes or centers
located in the "C-2, C-3, IND-1 & IND-2"Zoning Districtsas shown in Exhibit
"A".
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona, this 3rd day of February, 2000.
!PASS/FAIL _
MOTION
SECOND "•/'•
:'OUNT
FOR THE TOWN OF FO AIN HILLS: ATTESTED TO:
itt CAlIZ&sji .)U4/vvj
h ron Morgan, Ma or Cassie B. Hansen, Town Clerk
REVIE Y: APPROVED AS TO FORM:
-
aul L. rdin, Town Manager Wi iam E. Farrell, Town Attorney
L
Ordinance 00-04
Page 2 of 3
EXHIBIT "A"
Chapter 6
Sign Regulations
6.07 Signs Permitted For Non-Residential Uses In The Following Districts
D. C-2, C-3, IND-1 and IND-2 Districts.
d. Identification signs for building complexes or centers shall meet the following
regulations:
(1) No more than one(1)sign per street frontage.
(2) The freestanding sign(s) shall be a part of the
comprehensive sign package.
(3) The maximum height of any freestanding sign shall not
exceed five(5)ei )feet.
(4) Maximum sign size shall be twenty-four(24) square feet
fsokle-eme (1) oquaro foot for oaoh oix (6) linoal foot of
frontago. No oign ohall ox000d ono hundrod (100)
(5) A proposal for signing for the entire center shall be
submitted prior to the issuance of any sign permit.
Ordinance 00-04
Page 3 of 3