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HomeMy WebLinkAbout2000.0316.TCREMP.Packet oA� N NOTICE OF REGULAR AND EXECUTIVE SESSION a OF THE at;s FOUNTAIN HILLS TOWN COUNCIL Mayor Morgan Vice Mayor Apps Councilwoman Wiggishoff Councilman Wyman Councilman Poma Councilman Mower Councilwoman Hutcheson WHEN: THURSDAY, MARCH 16, 2000 TIME: 6:30 P.M. WHERE: TOWN HALL COUNCIL CHAMBERS 16836 E. Palisades, Building B L 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—Mark Derksen from the New Life Christian Fellowship • ROLL CALL Consent Agenda: All items listed with an asterisk (*) are considered to be routine, non-controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an 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. J J Town Council Meeting Agenda Regular Session March 16,2000 *1.) Consideration of APPROVING THE MEETING MINUTES of March 2,2000. *2.) Consideration of the LIQUOR LICENSE APPLICATION submitted by Costandina Carres for Krazy Greek Import Groceries and Restaurant located at 16758 East Glenbrook Boulevard. The application is for a new Class 12 Restaurant license. *3.) Consideration of the SPECIAL EVENT REQUEST submitted by the Fountain Hills Chamber of Commerce for the Native American Artist Invitational to be held on Saturday and Sunday, April 1 and 2, 2000. The event will require the closure of Saguaro Boulevard between Palisades Boulevard and the Avenue of the Fountains and Parkview between Saguaro Boulevard and the driveway of Mr. G's Interiors from noon on March 31 until 6:00 a.m. on April 3. *4.) Consideration of RESOLUTION 2000-07 abandoning whatever right,title, or interest the Town has in certain public utility and drainage easement located along the southerly and northeasterly property line of Plat 506-B, Block 3, Lot 23 (15022 East Green Valley Road) as recorded in Book 159 of Maps, Page 3 records of Maricopa County,Arizona. (Robert&Kay Peterson)EA00-06 *5.) Consideration of RESOLUTION 2000-08 abandoning whatever right,title, or interest the Town has in certain public utility and drainage easement located along the southwesterly property line of Plat 105. Block 4, Lot 8 (15012 N. Escondido Drive)as recorded in Book 147 of Maps,Page 45 records of Maricopa County, Arizona. (Marie Brittain)EA00-08 *6.) Consideration of RESOLUTION 2000-09 abandoning whatever right,title,or interest the Town has in certain public utility and drainage easement located along the southerly and westerly property line of Plat 605-D, Block 6,Lot 1 (11420 N. Pinto Drive)as recorded in Book 164 of Maps,Page 15 records of Maricopa County, Arizona. (Chris&Zozscha Bomhardt)EA00-09 *7.) Consideration of RESOLUTION 2000-10 abandoning whatever right,title, or interest the Town has in certain public utility and drainage easement located along the southeasterly property line of Plat 602-A, Block 1, Lot 5 (15441 East Palisades Blvd.) as recorded in Book 161 of Maps, Page 42 records of Maricopa County, Arizona. (Gilbert&Ethel Ortinau)EA00-10 8.) MONTHLY REPORT by Magistrate Stuart Shoob. 9.) Consideration of APPROVING THE CONTRACT with Burgess and Niple for the Shea Boulevard bike lane design project. 10.) Consideration of RESOLUTION 2000-11 approving the application for Local, Regional and State Parks funds for Fountain Park Phase II. 11.) Consideration of AUTHORIZING AN EXPENDITURE in the amount of$25,000 for the design, plans and specifications of a traffic signal at the corner of Palisades Boulevard and the Avenue of the Fountains. 12.) Consideration of AUTHORIZING ADDITIONAL FUNDS in fiscal year 99/00 for Building Safety consulting fees in the amount of$55,000. 13.) PUBLIC HEARING on ORDINANCE 00-06 rezoning 28.6± acres of land, located south of Shea Boulevard, west of Saguaro Boulevard, and north of Laser Drive from the "1ND-1" to the "C-2 PUD"Zoning District,Case Number Z99-24. klaw 14.) Consideration of ORDINANCE 00-06 rezoning 28.6±acres of land, located south of Shea Boulevard, west of Saguaro Boulevard, and north of Laser Drive from the "1ND-1" to the "C-2 PUD" Zoning District, Case Number Z99-24. Town of Fountain Hills Page 2 of 3 Last printed March 10,2000 3:33 PM .4) Town Council Meeting Agenda Regular Session March 16,2000 15.) Consideration of a SALES TAX REBATE for the Shea Retail Center project. 16.) Consideration of a CUT AND FILL WAIVER APPLICATION for the project known as the Shea Retail Center, a proposed 36.42± acre development, located south of Shea Boulevard, west of Saguaro Boulevard, and north of Laser Drive, Case Number CFW99-08. 17.) Consideration of the PRELIMINARY PLAT for the 9-lot, 36.42± acre Shea Retail Center, located south of Shea Boulevard, west of Saguaro Boulevard, and north of Laser Drive, Case Number S99-040. 18.) PUBLIC HEARING on ORDINANCE 00-07 amending the Zoning Ordinance for the Town of Fountain Hills, Chapter 6, Section 6.07.F, to allow for permanent off-premise signs if certain criteria are met, Case Number Z2000-03. 19.) Consideration of ORDINANCE 00-07 amending the Zoning Ordinance for the Town of Fountain Hills, Chapter 6, Section 6.07.F, to allow for permanent off-premise signs if certain criteria are met, Case Number Z2000-03. 20.) Consideration of ORDINANCE 00-08, an amendment to Section 308 of The Subdivision Ordinance for the Town of Fountain Hills that would provide added regulations for minimum lot widths and lot sizes for proposed lots in single-family zoning districts to assure compatibility with surrounding platted properties. 21.) 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. 22.) Pursuant to A.R.S. §38-431.03.A.4., and A.R.S. §38-431.03.A.7., VOTE TO GO INTO EXECUTIVE SESSION for discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position in pending or contemplated litigation regarding the Town versus MCO Properties and Michael Naim versus the Town; AND discussions or consultations with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiation for the purchase or lease of real property with regards to the possible acquisition parcels in the McDowell Mountain;respectively. 23.) RETURN TO REGULAR SESSION. 24.) ADJOURNMENT. DATED this 10th day of March,2000. d. 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 March 10,2000 3:33 PM MEMORANDUM TO: THE HONORABLE MAYOR AND TOT) ,CILt n i FROM: PAUL L. NORDIN, TOWN MANAGER DATE: MARCH 10, 2000 RE: MANAGER'S REPORT FOR THE MARCH 16TH COUNCIL MEETING Reminders: Two public hearings are on this agenda. Executive sessions are scheduled before and after the regularly scheduled council meeting. The first Executive Session will begin at 5:30 p.m. in Town Hall Conference Room C. We will have food available for you at the early session. Councilmembers will adjourn at 6:30 p.m. to attend the regularly scheduled Town Council meeting, and the second Executive Session will follow. CONSENT AGENDA: There are seven items on the consent agenda. Please review each item and contact me should ,,, you determine any should be removed. Note: At the end of your packet, please find Tom's memorandum regarding a sidewalk easement. Since no Council action is required, this is for informational purposes only. AGENDA ITEM#8 - COURT ACTIVITIES REPORT: Judge Stuart Shoob will give his report on the court's activities for the month of February 2000. He will be pleased to answer any questions you may have. AGENDA ITEM#9 - SHEA BLVD. BIKE LANE PROJECT: Council will be asked to consider approving the construction of bicycle lanes and medians along Shea Boulevard between Palisades and Saguaro Blvd. The Town has qualified for federal assistance for all but 5.7 percent of the construction costs, amounting to $33,074. The Town is responsible for the engineering fees totaling $192,364. Staff recommends approval of this project. Tom's report is attached. AGENDA ITEM# 10 - RESOLUTION 2000-11/APPLICATION FOR PARKS FUNDING: This agenda item requests Council's approval of the resolution for the Fountain Park Phase II grant application in the amount of $700,000. Staff recommends approval. Please refer to Robin's memo. Town Manager's Report March 2,2000 Council Meeting Page 1 of 3 AGENDA ITEM# 11 - CONSIDERATION OF TRAFFIC SIGNAL AT PALISADES AND AVENUE OF THE FOUNTAINS: ‘14""` Town staff and the local Fire Department have expressed concerns regarding the impact of future development on vehicle/pedestrian safety at the intersection of Palisades and Fountain Hills Blvd. Council will consider approving a request for $25,000 for the design, plans and specifications of a future traffic signal light to be located there. Staff recommends approval. Please refer to Tom's attached memo. AGENDA ITEM# 12 - APPROVAL OF ADDITIONAL BUILDING SAFETY CONSULTING FEES: This agenda item requests consideration for an additional $55,000 for outside plan check and inspection fees. Staff has reviewed the consulting fee budget and has estimated that this amount will be required for the remainder of fiscal year 1999-2000. Staff recommends approval. See Pat's enclosed memo. AGENDA ITEMS# 13,# 14# 16 & # 17 - PUBLIC HEARING/ORDINANCE 00-06/ REZONING 28.6 ACRES FROM IND-1 TO C-2 PUD/CUT AND FILL WAIVER/ PRELIMINARY PLAT/SHEA RETAIL CENTER: The first public hearing is on the agenda to receive input regarding the proposed rezoning of 28.6 acres located within the " Shea retail center" project. The Planning and Zoning Commission recommended approval of all three items last night with a vote of 6-1. In their motion, the Commissioners included several significant amendments and stipulations to the proposed "C-2 PUD" language and to the proposed preliminary plat. Attached for your review is the proposed detailed description of their recommendations. Please see Jeff s attached report. AGENDA ITEM# 15 - SALES TAX REBATE FOR SHEA RETAIL CENTER: Town Attorney Bill Farrell will provide the required information to you early next week. AGENDA ITEMS# 18 &# 19 - PUBLIC HEARING/ORDINANCE 00-07/OFF- PREMISE SIGNS: This public hearing is scheduled to receive comments regarding off-premise signs. Earlier this year, the Council initiated an amendment to the zoning ordinance that would allow for off-premise non-directional signs within the Town right-of-way. The proposed change would allow limited signage if certain criteria were met. The Planning and Zoning Commission unanimously recommended approval. You may refer to Jeff s enclosed memo. Manager's Report March 16,2000 Council Meeting Page 2 of 3 AGENDA ITEM#20 - ORDINANCE 00-08/REGULATIONS FOR MININUM LOT SIZES: This proposed amendment to the subdivision ordinance would add regulations to ensure compatibility between proposed lot splits and the surrounding platted lots. The Planning and Zoning Commission recommended approval by a 6-0 vote. Staff also recommends approval of this ordinance. Jeff s report is attached. AGENDA ITEM#22 - EXECUTIVE SESSION WITH TOWN ATTORNEY: Bill Farrell will provide the required materials for the Executive Session next week. Manager's Report March 16,2000 Council Meeting Page 3 of 3 Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL - From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATION Date: MARCH 10, 2000 Re: AGENDA ITEM #2— KRAZY GREEK IMPORT LIQUOR LICENSE AGENDA ITEM #3— NATIVE AMERICAN SPECIAL EVENT REQUEST AGENDA ITEM #2 — KRAZY GREEK IMPORT GROCERIES AND RESTAURANT LIQUOR LICENSE APPLICATION: Costan ' ed an application for a Class 12 Restaurant liquor license for the Krazy Greekr _ sxa urant located at 16758 East Glenbrook Boulevard. A Class 12 stipulates t sale of - ,• isI%4InCi I to the food service. There is no bar area in the restaurant and the ows t at at least 4 0 e operation is devoted to food service. Pursuant to A.R.S. 4-207, 2„licenses are noi,subje t e 300-foot rule that prohibits a retailer's license for any premise ihoewhin.300'feet of a school or crc ...Marshal Gendler has performed his background investigation and --f r wards d favorable recommendation ased on statutory compliance. The site has been posted for the st to da i writ an +/con arguments have been received at Town Hall. Community D ctor r veriA • that the zoning is appropriate for the requested use. Staff rertraends !OF 84 ITEM # 3 NATIVE-AM „ I CAN ARTIST INVITATIONAL SPECIAL EVENT: rr an oft Founi Chamber of Commerce has submitted a special event request for the Na 4rti a ,. to be held on Saturday and Sunday, April 1st and 2"d from 10:00 a.m. to 5:0 : consecutive year for this event and based on the two previous years, attendance µ o be approximately 20,000 to 30,000 people. As in last year's event, booths, concessions and tents will be set up on Saguaro Boulevard from the Avenue of the Fountains to Palisades. There will be full access to the Avenue for traffic traveling north on Saguaro. A small portion of Parkview will be closed between Saguaro and the driveways to the eastern-most parking lots. A diagram showing the event area and street closures is included with the application. The event area will be closed to traffic at noon on Friday, March 31 and re-opened at 6:00 a.m. Monday morning the 3'. The event will be fenced to control access and enhance security for the artists. Arrangements have been made with the Sanitary District to use Block 7, Plat 208 for parking. To insure pedestrian safety, Marshal Gendler intends to post no parking signs on Saguaro Boulevard between the Avenue and El Lago. A certificate of insurance is on file. Approval is recommended. Page 1 of 1 March 16,2000 Agenda Items Last printed March 10,2000 2:00 PM March 10,2000 J Town of Fountain Hills Memorandum TO: Cassie Hansen rt3 FROM: Steve Gendler `- DATE: February 18,2000 SUBJECT: Liquor License Application—Krazy Greek Restaurant The purpose of this memorandum is to provide an endorsement of the attached Liquor License Application for the "Krazy Greek" Restaurant to located at 16758 E. Glenbrook. It is my understanding that the application is scheduled for consideration at a special council session on March 3rd. BACKGROUND INVESTIGATION: This application is for a new Class 12 liquor license under the specifications of ARS 4- 205.02. A Class 12 license is for restaurant use only. The statutes require that 40% of the business establishment be devoted to serving food and Now that any liquor sales be incidental to the food service. A site inspection, as well as a review of plans, shows clearly that 40% of the facility would be devoted to the direct service of food while a portion of the remainder would be a deli cafe with food stuffs on shelving and display. There is not a bar area. Clearly, the intention is for the liquor sales to be incidental to the food service. A Class 12 license is also exempt from restrictions relating to churches, schools and nearby liquor establishments. While an inspection of the neighborhood did show churches and schools in the immediate area, there are only two other establishments holding liquor licenses in the vicinity. Therefore, granting this license would not constitute a proliferation. of liquor licenses in the neighborhood. The applicant, Costandina Carres, is an Arizona resident under the provisions of ARS Title 28. I have verified that there are no outstanding wants or warrants. Additionally, the restaurant has a current town business license #2888 valid through August 31, 2000. RECOMMENDATION Based on compliance with Title 4 relating to the Class 12 liquor license, the fact that the applicant is an Arizona resident with no wants or warrants, I recommend approval by the council at the March 3rd meeting. J ' LL ,5.}-to L ,ylr:�`ey� RECEIVED 6 ). 28 c `6 3 ► )C�� 800 W Washington 5th Floor FEB 1 5 Z00 g �.� '-- � I ,r 40 W Congress#150 Phoenix AZ 85007-2934 yh i� Tucson AZ 85701-1352 FOUNTAIN . 6ffl'J 20) 28-6595 (602) 542-5141 �M TOWN CLERKki FIB '` �l (II "ki APPLICATION FOR LIQUOR LICENSE ,3 TYPE OR PRINT WITH BLACK INK Notice: Effective Nov.1,1997,All Owners,Agents,Partners,Stockholders,Officers,or Managers actively involved in the day to day operations of the business must attend a Department approved liquor law training course or provide proof of attendance within the last five years. See page 5 of the Liquor Licensing requirements. cj s4- 104 c. .)-)b-Cb SECTION 1 This application is for a: SECTION 2 Type of ownership: 1 v 44 3-/-CO ❑INTERIM PERMIT Complete Section 5 ❑J.T.W.R.O.S. Complete Section 6 (;Ou r'LI 3 -1 to'513 igt NEW LICENSE Complete Sections 2,3,4,13,14,15,16,17 0 INDIVIDUAL Complete Section 6 /1 4 p 7 LI ❑PERSON TRANSFER(Bars&Liquor Stores ONLY) ❑PARTNERSHIP Complete Section 6 h Complete Sections 2,3,4,11,13,15,16,17 NCORPORATION Complete Section 7 ❑LOCATION TRANSFER(Bars and Liquor Stores ONLY) ❑LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2,3,4,12,13,15,16,17 0 CLUB Complete Section 8 0 PROBATE/WILL ASSIGNMENT/DIVORCE DECREE 0 GOVERNMENT Complete Section 10 Complete Sections 2,3,4,9,13,15,17(fee not required) ❑TRUST Complete Section 6 ❑GOVERNMENT Complete Sections 2,3,4,10,13,15,16,17 0 OTHER Explain SECTION 3 Type of license and fees: LICENSE#: 1 a. 1. Type of License:Skes- 4va(LA 1. 2.Total fees attached: $ APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE)ARE NOT REFUNDABLE. A service fee of$25.00 will be charged for all dishonored checks(A.R.S.44.6852) fikw2TION 4 Applicant:(All applicants must complete this section) 1. Applicant/Agent's Name:Ms. CAR.f2 •S C.,0 t-*At 1l \t '(Insert one name ONLY to appear on license) Last First Middle 2. Corp./Partnership/L.L.C.: '�--'A+Z<\I C,tc - \VAPC V3 MC-, ? %( M \ LI (, (Exactly as it appears on Articles of Inc.or Articles of Org.) 3. Business Name: \<R 4� i % k \M Q u--T' c,e - t=Sk x-CO- (Exactlygas it appears on the exterior of premises) 1,\0a21_Lk il V)4. Business Address: 7 50 E• �,) bOk �,k)p I +a' 141s HMI�� 8J5d c? (Do not use PO Box Number) City COUNTY Zip 5. Business Phone:(LA q O )81(e-5 Co Residence Phone:(4i?0 ) $3 7-1 it.34 6. Is the business located within the incorporated limits of the above city or town? P6LTES ONO 7. Mailing Address: (4,1 5 t``� €, .. CAQNANR- cr& (:` Z. -t.3 1-tS 2 62 6 8. City State Zip 8. Enter the amount paid for a 06,07,or 09 license: $ . (Price of License ONLY) DEPARTMENT V USE� ONLY'� Accepted by: `N V Date: ( \' ~ 00 Lic.# \ d4) 1 `T 9 I Fees: \ 0 - $ Application Interim Permit Agent Change Club F.Prints TOTAL PROCESSING APPLICATIONS TAKES APPROXIMATELY 90 DAYS,AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WAITING PERIOD. cro You ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING,ETC.,BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. LIC 0100 05/1999 *Disabled individuals requiring special accommodation,please call the Department. SECTION 5 Interim Permit: 1. If you intend to operate business while your application is pending you will need an Interim Permit pursuant to A.R.S.4-203.01. 2. There MUST be a valid license of the same type you are applying for currently issued to the location. 3. Enter the license number currently at the location. YES❑NO If no,how long Is the license currently in use?0 has it been out of use? '411) ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION. I, ,declare that I am the CURRENT LICENSEE of the stated license and (Print full name) location. I have read this application and the contents and all statements are true,correct and complete. State of County of X The foregoing instrument was acknowledged before me this (Signature) day of Day of Month Month Year My commission expires on: (Signature of NOTARY PUBLIC) SECTION 6 Individual or Partnership Owners: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD,AND $24 FEE FOR EACH CARD. 1. Individual: Last First Middle %Owned Residence Address City State Zip r� Partnership Name:(Only the first partner listed will appear on license) General-Limited Last First Middle %Owned Residence Address City State Zip ❑ ❑ %O ❑ ❑ %G ❑ ❑ %L ❑ ❑ %O (ATTACH ADDITIONAL SHEET IF NECESSARY) 2. Is any person,other than the above,going to share in the profits/losses of the business? ❑YES ❑NO 2 SECTION 7 Corporation/Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. CORPORATION Complete questions 1,2,3,5,6,7,8. ' k t' rr ❑ L.L.C. Complete questions 1,2,4,5,6, 7 and attach cRt of r°—dos ao fOr. aOperation Agreement. 1. ame of Corporation/L.L.C.: ! 2- I" (Exactly ass appears on Articles of Inc.or Articl of Org.) 2. Date Incorporated/Organized: ( - 23- 99 _ State where Inco;pgrated/Organized: 7'"(ZOiJ �y 3. AZ Corporation Commission File No.: 1 F2O 7 'b ©1(,�Date authorized to do business in AZ: Z� 9'7 4. AZ L.L.C.File No: Date authorized to do business in AZ: 5. Is Corp./L.L.C.non-profit? ❑YESO If yes,give IRS tax exempt number: 6. List all directors/officers in Corporation/L.L.C.: Last First Middle Title Residence Address City State Zip .r'Zp. FrA �I✓s 63-F'� . .., ti4 '39 Lab.. p- 2 L -t1 l 5 t X.L - -+r b i 6-IA- Co -aes ?3 g E EL. LA-cm (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders or controlling members owning 10%or more: First Wfiddle %Owned Residence Address City Starr Zip /��, e rr- C.- \d r G64, J C (4-8z)v- % (ATTACH ADDITIONAL SHEET IF NECESSARY) S. if the corporation/L.L.C.is owned by another entity,attach an ownership,and director/officer/members disclosure for the parent entity. Attach additional sheets as necessary in order to disclose real people. SECTION 8 Club Applicants: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. 1. Name of Club: Date Chartered: (Exactly as it appears on Club Charter) (Attach a copy of Club Charter) 2. Is club non-profit? ❑YES ❑NO If yes,give IRS tax exempt number: 3. List officer and directors: Last First Middle Title Residence Address City State Zip (ATTACH ADDITIONAL SHEET IF NECESSARY) 3 SECTION 9 Probate,Will Assignment or Divorce Decree of an existing tsar or Liquor owr C. 1. Current Licensee's Name: (Exactly as it appears on license) Last First Middle 2. Assignee's Name: Last Fast Middle 3. License Type: License Number: Date of Last Renewal: 4. ATTACH TO THIS APPLICATION A CER IIFIED COPY OF THE WILL, PROBATE DISTRIBUTION INSTRUMENT, OR DIVORG DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE TO THIS APPLICATION. SECTION 10 Government: (for cities,towns,or counties only) 1. Person to administer this license: Last First Middle 2. Assignee's Name: Last First Middle A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS LIQUOR IS SERVED. SECTION 11 Person to Person Transfer: Questions to be completed by CURRENT LICENSEE(Bars and Liquor Stores ONLY). 1. Current Licensee's Name: Entity: (Exactly as it appears on license) Last First Middle (Indiv.,Agent,etc.) 2. Corporation/L.L.C.Name: (Exactly as it appears on license) 3. Current Business Name: (Exactly as it appears on license) 4. Current Business Address: 5. License Type: License Number: Last Renewal Date: 6. Current Mailing Address(other than business): 7. Have all creditors,lien holders,interest holders,etc.been notified of this transfer? 0 YES El NO 8. Does the applicant intend to operate the business while this application is pending? ❑YES ❑NO If yes,complete section 5,attach fee,and current license to this application. 9. I hereby relinquish my rights to the above described license to the applicant named in this application and hereby declare that the statements made in this section are true,correct and complete. I ,declare that I am the CURRENT LICENSEE of the stated license. I have read this (Print full name) application and the contents and all statements are true,correct and complete. State of County of X The foregoing instrument was acknowledged before me this (Signature of CURRENT LICENSEE) day of • Day of Month Month Year My commission expires on: (Signature of NOTARY PUBLIC) 4 SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE. AZ. I.'0l0R flE=; 1. Current Business Name and Address: LIctly as it appears on license) FEB11 3 22 P t 'CO 2. New Business Name and Address: (Do not use PO Box Number) 3. License Type: License Number: Last Renewal Date: 4. What date do you plan to move? What date do you plan to open? -- e 1 s - c- vo SECTION 13 Questions for all in-state applicants: ak\� C.�c�� ex. �hoo\ Vle 1L 1 S•( CrA e aD+2uc,1: t 1. Distance to nearest school: 300 ft. Name/Address of school: e. &)C-t SC hoe( cc rRo. tag,r,) t,(1S (regardless of distance) sri S � R I l S l?I V L) 2. Distance to nearest church: i S) ft. Name/Address of church: \c( )\ '1�� (regardless of distance) 1t� � k tv VVV-A ) \b 3. I am the: ❑LESSEE ❑SuBI.FSSEE %OWNER ❑PURCHASER(of premises) he premises is leased give lessors name and address:liare 4a. Monthly rental/lease rate$ . What is the remaining length of the lease? yrs. mos. 4b. What is the penalty if the lease is not fulfilled? $ or other (give details-attach additional sheet if necessary) What is the total business indebtedness of the applicant for this license/location excluding lease? $ /fir/1- e Does any one creditor represent more than 10%of that sum? ❑YES r,':`NO If yes,list below. Total must equal 100%. Last First Middle %Owed Residence Address City State Zip (ATTACH ADDITIONAL SHEET IF NECESSARY) 6. What type of business will this license be used for?(BE SPECIrHc) 9)t9k �.tZAW-k- 7. Has a license,or a transfer license for the premises on this application been denied by the state within the past one(1)year? ❑YES' NO If yes,attach explanation. 8. Does any spirituous liquor manufacturer,wholesaler,or employee,have any interest in your business? DYES)KNO 9ihe premises currently licensed with a liquor license? ❑YES NO If yes,give license number and licensee's name: # (Exactly as it appears on license) 5 SECTION 14 Restaurant,or Hotel-Motel Applicants: 1. Is re a valid restaurant or hotel-motel license at the proposed location?,YES 0 NO If yes,give licensee's name: -AA-1 co -r--n ,i)(10 A- and license#: r` `7-53 (o'l 1 0 2. If the answer to Question 1 is YES,you may qualify for an Interim Permit to operate while your application is pending;consult 1 A.R.S.Section 4-203.01;and complete Section 5 of this application. 3. All restaurant applicants must complete a Restaurant Operation Plan(Form LIC0114)provided by the Department of Liquor. 4. Do you understand that 40% of your annual gross revenue must be from food sales? KYES 0 NO SECTION 15 Diagram of Premises: (Blueprints not accepted,diagram must be on this form) 1. Check ALL boxes that apply to your licensed premises: eA2Cii0 '' Entrances/Exits '`Liquor storage areas ■ Drive-in windows Patio enclosures /yl,,,.�� ❑ Service windows 0 Under construction:estimated completion date (�`�� 2. Restaurants and Hotel/Motel applicants must exp' itly depict kitchen eq 'pment an ' g facilities. 3. e di below is the only area where sp' ,,��iys s '•uor' .b d,served,consumed, 'spensed,possessed,or stored. Give the square footage or outside dimension' ' n •d re�s. DO NOT INCLUDE PARKING LOTS,LIVING QUARTERS,ETC. ,- ‘ P'f'-' r1,3 La eS .., --e.r- f--Q I. 14A LL kd..3 „� i 1* 1Jr, -1.-A' 3G A , _.s 2, ek, ,, , _ __.t __, ,-„ ci , U.) T., $;,--- 'All .,., le— 'i 11N.N1 , , , , _..„.s.„tetra ass ' ,��/-1--5' - olk Ait:---",z?01.9. —0?-0-u YOU MUST NOTIFY THE DEPARTMENT OF LIQUOR OF ANY CHANGES OF BOUNDARIES, ENTRANCES, EXITS, OR SERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM. 6 SECTION.16 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. List belL‘row the exact names of all churches,schools,and spirituous liquor outlets within a one half mile radius ofJyour proposed location. i AZ. tom, ' § '" I C I FED 0 0if t. 3. �\ tag q_.. oaf: + N to 4. u ,. -t.. wu , POe 6.lr0 gLVD 5.`v\. , ._..rv\A\\ ...&\k'k \ C.\k4t Li 6 ,.:x L \\\S QMI,A_ = & 4 7. OUn . Y� 'au.'i`A'y i SCI, to 5 8. 4 9. A = Krazl 6ree ., 10.__ 6-I€r, bcco . ak•i ct 11. 12. 13. 1 14. 15. (ATTACH ADDITIONAL SHEET IF NECESSARY) Le A=Your business name and identify cross streets. SECTION 17 Signature Block: I, CO S t.l IN t ti A C CLCCC S ,declare that: 1)I am the APPLICANT(Agent/Club Member/Partner),making this (Print name of APPLICANT/AGENT listed in Section 4 Question 1) application;2)I have read the application and the contents and all statements are true,correct and complete;3)that this application is not being made to defraud or injure any creditor,taxing authority,regulatory authority,or transferor;4)that no other person,firm,or corporation,except as indicated, has an interest in the spirituous liquor license for which these statements are made; and 5) that none of the owners, partners, members,officers,directors or stockholders listed have been convicted of a felony in the past five(5)years. n State of PI at:41 a - County of 1'Y)( t e.r�?'...• X '`.- "..- -' ,_.. The foregoing instrument was acknowledged before me this (Signature) day of fi'1) , OFFICIAL SEAL Day of Month Month Year %l ' S.CRMG McCAStAND c` _ i( 1�-:.,.:a r�l�9ucsut.c Wumw1 - �/v' My so , . aI�t *4"'.` My Canxu.E% m 10,?24002 , tbNOTARYPUBUC) c 7 GEOGRAPHICAL DATA In the area adjacent to the map provided below ,indicates your proposed location and the exact names of all churches, schools, and alcoholic beverage outlets within a 1/2 mile radius of your proposed location. (See example below) A = Applicant Series 12 01 Pink Elephants Series 06 02 Mama' s Rest . Series 12 03 Corner Liquors Series 09 04 Joe ' s Groceries Series 10 05 Lions Club Series 14 06 Burgers R Us Series 07 N 07 Pizza Perfect Series 07 08 Billy Bobs Bar Series 06 % Mi . 09 St . Anthonys Church Latrobe 3 10 St . Anthonys School 1 11. 11 Burbank Middle School 1 Mi . Lockwood , A 2 7 / Mi . 1.2 First United Baptist Church 13 11111111111 8 14 9 10 15 A.R.S. Section 4-207 .A reads as follows: 1/2 Mi. A. No retailers license shall be issued for any premises which are. at the time the license application is received by the Director, within three hundred(300) horizontal feet of a church, within three hundred(300) horizontal feet of a public or private school building with kindergarten programs or any of grades one (1) through twelve (12 ) . or within three dti3. 6; z 1 feet of a fenced recreational area adjacent to suc thc$ 1 buh'1 ki ,. 4,4 -, amp +{i' .,yy Iy o�^ 1' 'CAR' 8 IliEW 800 W Washington 5th Floor *' � 400 W Congress#150 2�9q Phoenix AZ 85007- �3�4, , r, � Tucson AZ 85701-1352 (602) 542-5141is, ?;►0 11 ;.; (520) 628-6595 t JrN L RESTAURANT OPERATION PLAN LICENSE# -�•-3c l 1 O f (Hs? LiC 1. List by Make,Model and Capacity of your: Grill .S7-7f r--b 2-41tis - f. P - g Qe-- !0(Z &.As- LK_ >4`' Oven ZZ Swi c --- clgI Ql( // Jo11s 1Z - et2 Freezer -r V t C.Tct (26 r)S 3 - grbrAc9c Refrigerator A-12-72-s(2-- si-brefie Sink Uri Sq A, L ess-- 3 c o m p a-r-rC, n.�- Dish Washing rut,"-1"peto - g &iz Facilities ���� L � ,rep -1- Food Preparation Counter(Dimensions) rW l-46 ES'?Do 0 --- "-7- "to Other ( '-F P-13L — c tk - R 'vc L -4 borre-rs 2. Print the name of your restaurant: K-Q,f)-7-1. 3. Attach a copy of your menu (Breakfast, Lunch and Dinner including prices). 4. List the seating capacity for: a. Restaurant area of your premises [ ] b. Bar area of your premises [ + A/ A- ] c. Total area of your premises [ 5D 5. What 4 •f dinnerware and utensils are utilized within your restaurant? Reusable 0 Disposable 6. Does your restaurant have a bar area that is distinct and separate from the restaurant seating.? (If yes,what percentage- the publi s e• 's area cover). 0 Yes % No 7. What percentage of your pti is remises 's used primarily for restaurant dining? (Doesmot include kitchen,bar, cockpit' tiles or game area) % *Disabled individuals requiring special accommodations,please call the Department. Lic0114 05/1999 8. Does your restaurant Contain any games or television? 0 Yes� To (If yes,what types and how many?Pool tables,Video Games,Darts, etc.) ((// 9. Do you have live entertainment or dancing? 0 Yes .No (If yes,what type and how often?) 10. Use space below or attach a list of employee positions and their duties to fully staff your business. 3-1 m e--5 — nc in- G K— . 1-r�.�, l7 �..rYr-6s�- ' Y, - C'��`ifi , 1 - ��.-n�-e. nt.._,., ..r--- c.- 3 -t --E- N,Pc- C A-r-r--e..s. — c -,.-,.)r--1-e-r—- C,r,iv K ,44.0) I 1v ei C (1 C.<-_c ,hereby declare that I am the APPLICANT filing this application. I have (Print full name) read theis application and the contents and all statements true,correct and complete. � tt 2) C ayit4________ State of�2 7'& - County of /�/y/ C X The foregoing instrument was acknowledged before me this (Signature of APPLICANT) c day of ) --1 c2�.) Day of Month M Year „_ /...,e—i, My commission expires on:: I 0 - 23-- ZOd '2---- c— CO----edi- --- Signa = of NOTARY PUBLIC) OFFICIAL L. S.CRAIG McCsASEAStAND 'l s.'� NARY PUBLIC-STATE OF ARIZONA c `.� < MARICOPA COUNTY +4,,,ff My Comm.Expires 10-22-2002 J 2 ly�tiMy�C` r, 800 W Washington 5th Floor �. �� 400 W Congress#150 g• Tucson AZ 85701-1352 Phoenix AZ 85007-2934 �\� �,��• ,�Z k� , ,� 4 , q'-, . (602) 542-5141 ti � ` J`l. (520) 628-6595 7rot, .1�� ����" •'� ' .1 HOTEL-MOTEL AND RESTAURANT LICENSES RECORDS REQUIRED FOR AUDIT OF SERIES#11 &#12 LICENSES MAKE A COPY OF THIS DOCUMENT AND KEEP IT WITH YOUR DLLC RECORDS In the event of an audit, you will be asked to provide to the department any documents necessary to determine compliance with A.R.S. 205.02.G. Such documents requested may include however, are not limited to: 1. All invoices and receipts for the purchase of food and spirituous liquor for the licensed premises. If you do not have all food or liquor invoices, please contact your vendors immediately and request copies of missing invoices. These must be available for pick-up at the time of the Audit Interview Appointment. If all food invoices are not available at that time, you may not be given credit for all food sales. 2. A list of all food and liquor vendors 3. The restaurant menu used during the audit period 4. A price list for alcoholic beverages during the audit period 5. Mark-up figures on food and alcoholic products during the audit period 6. A recent, accurate inventory of food and liquor(taken within two weeks of the Audit Interview Appointment) 7. Monthly Inventory Figures - beginning and ending figures for food and liquor 8. Chart of accounts (copy) 9. Financial Statements-Income Statements-Balance Sheets 10. General Ledger A. Sales Journals/Monthly Sales Schedules 1) Daily sales Reports (to include the name of each waitress/waiter, bartender, etc. with sales for that day) 2) Daily Cash Register Tapes -Journal Tapes and Z-tapes 3) Guest Checks 4) Coupons/Specials 5) Any other evidence to support income from food and liquor sales B. Cash Receipts/Disbursement Journals 1) Daily Bank Deposit Slips 2) Bank Statements and canceled cheeks "w , ,hu, r -• 11. Tax Records A. Transaction Privilege Sales, Use and Severance Tax Return (copies) B. Income Tax Return-city, state and federal (copies) C. Any supporting books, records, schedules or documents used in preparation of tax returns LIC1013 05/1999 IL. rayiui i c uiub A. Copies of all reports required by the State and Federal Government B. Employee Log (A.R.S.4-119) ' ' ' C. Employee time cards (actual document used to sign in and out each work day) *440 D. Payroll records for all employees showing hours worked each week and hourly wages The sophistication of record keeping varies from establishment to establishment. Regardless of each licensee's accounting methods, the amount of gross revenue derived from the sale of food and liquor must be substantially documented. REVOCATION OF YOUR LIQUOR LICENSE MAY OCCUR IF YOU FAIL TO COMPLY WITH A.R.S. 210.A.7. AND A.R.S. 205.02.G. A.R.S. 210.A.7. The licensee fails to keep for two years and make available to the department upon reasonable request all invoices, records, bills or other papers and documents relating to the purchase, sale and delivery of spirituous liquors and, in the case of a restaurant or hotel-motel licensee, all invoices, records,bills or other papers and documents relating to the purchase, sale and delivery of food. A.R.S. 205.02.G. For the purpose of this section: 1. "Restaurant" means an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. 2. "Gross revenue" means the revenue derived from all sales of food and spirituous liquor on '4) the licensed premises, regardless of whether the sales of spirituous liquor are made under a restaurant license issued pursuant to this section or under any other license that has been issued for the premises pursuant to this article. I, (print Licensee/Agent's Name): Last First Middle have read and fully understand all aspects of this statement(" �, State of (2-4:713 Pc County of M A_fL 2a.. The foregoing instrument was acknowledged before me this r- 1. I;"day of 1 , o ' g (Si nature of Licensee/Agent) Day of Month Month Year OFFICIAL SEAL 7 n ��Z---- r � �^� �; �V 1. My commiss . (�."��R s TATEOF : j` ,� \�J +v,s, l�}C,-,"'�� :��io-2REEIi� Year (Si nature NOTARY PUBLIC) MAKE A COPY OF THIS DOCUMENT AND KEEP IT WITH YOUR DLLC RECORDS L . . • 1111C1111.110441 . no114411111 • AZ.1.1t1Tiil rFf i FED 'a 32 '"s it 00 111...M. .11. CC gi = C., rpiiiimmh. _ CA 0-1 CC 11111111111117 , _ IA = SZC og . 1 1 0 C4 111% Hi---2-17r --,-\----\ --- 114Z . 0. CO 111 ILA N. = Cti.4/6„111elliiik 00p c- c, 1Z NY LLI 4, = 1 . 0 r "',*zv elle LI. CIF te CP ® A N v _ P P P P P P P O. 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He3~ oz3 7�0 �S 7�0 a�ay m =mm TH7-T m 61"A §A 09 Vs �y r hao�m m70 T� rnrn Y��ImA� a�—� A=tea eN 7C ir IV< !_! ! li r A♦r z = _ ti C 4'C' 1 6� zy, f/) y T -y 7p 00 2 ✓ a m C ! 9 T on 0 , sv. ti � mTA ?ymamHN � � T �Hi fm" a 3 N d Tyo v O O �n m _i A' $ 0, Cy iZ CT`+1C1 70 a •AK T2 O H .fie. wo. :^ H N 2Wa, 0 .74 i�-, 3 T A >D sa GE a �� 2bY0Cm az =9 o0 0 g g o O ,xw z• cy -, x �a z �902a� riiii 70 Vi mr.A �� anall r• � � ° ^•a �T aiT 0. = N9 Me1 - Zzo o at, : 9 '= C2a .- a goo s T TpT ,:- y v� �xT-ctia c , v z ? � iOer, =A< av to eT oo x ZTz3� m a emEA " w.a �°'s-a—' " ,e - .. o• 13211111 • .Y-yi 2 90 m� o en wN N N N vNi N '70 O 2C 2C 2= z I •w� er'i� r ;' x i m a rn T 1- O '- =a yru y 1 $ ti O V Arn •O•O•O '^ $ a 70 70 3 Vs C7 g a IR a-1 g Vs a Vs q r Vs .a. a •• en ic _G _Cti 70 ZI=na Asa 3.f=TI ea az �a !r. ge OZ f�ff ma =�aWN .,. 0 O=O 9y•y a. rm. '_ =_ a = 1.-, C-� 4-g 70 40).Ca _ rOOO =T A"• rp m =.m.1 Se m ve r� �(7W�.A�Z TC9 Or c0 a70 .1 f -÷H aw 1ij ,0 or oo-4 C2 en r,as— T tit •�.��W (O�'�j s Vas _ `— �T =�T �Cfn�Os� $o �fn T"C 0� �Gl��.,,�CA7 o O,.daiUi;rul'Z\ m� _ 2070 tr. m� CC"I•• ... S oo ~ a w ae �+ wn. 0.v 3 V . .i.P E ZO N •O N N •O x N V1 V9 V. L. N .. N L vi) klese TOWN OF FOUNTAIN HILLS ORDINANCE 00-06 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TEXT OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, ARIZONA PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, AND BY AMENDING THE OFFICIAL ZONING DISTRICTS MAP OF THE TOWN OF FOUNTAIN HILLS BY DESIGNATING 28.6± ACRES OF LAND, AS LEGALLY DESCRIBED IN EXHIBIT "A" AND GRAPHICALLY DEPICTED IN EXHIBIT `B", FROM THE "IND-2" LIGHT INDUSTRIAL ZONING DISTRICT TO THE "C-2 P.U.D." INTERMEDIATE COMMERCIAL PLANNED UNIT DEVELOPMENT ZONING DISTRICT. WHEREAS, The Town of Fountain Hills adopted Ordinance #93-22, on November 18, 1993, which adopted the Zoning Ordinance for the Town of Fountain Hills; and WHEREAS, Chapter 2, PROCEDURES. Section 2.01, Amendments or Zone Changes. establishes the authority and procedures for amending the zoning district boundaries; and WHEREAS, Chapter 3 ESTABLISHMENT OF ZONING DISTRICTS AND BOUNDARIES THEREOF, Section 3.02 Boundaries Lines on the Zoning Districts Maps.establishes the "Official Zoning Districts Map"; and WHEREAS, Public hearings were advertised in the January 26, February 2, 9 and March 1, 8 and 15, 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 February 10, 2000 and the Mayor and Common Council on March 16, 2000; and WHEREAS, The Future Land Use Plan Map in the Town of Fountain Hills General Plan has been amended by Resolution 99-23 to designate the land depicted in Exhibits "A & B" for General/Retail Commercial land uses, Ordinance 00-06 Page 1 of 9 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL Lir OF THE TOWN OF FOUNTAIN HILLS,ARIZONA AS FOLLOWS: Section 1. The "Official Zoning Districts Map" shall be amended to change the Zoning District designation of 28.6± acres of land, as legally described in Exhibit "A" and graphically depicted in Exhibit "B", from the "IND-2", Light Industrial Zoning District to the "C-2 P.U.D.", Intermediate Commercial Planned Unit Development Zoning District. Section 2. The Zoning Regulations for this "C-2 Planned Unit Development" Zoning District, Case # Z99-24, shall be all of the standards of the "C-2" Intermediate Commercial Zoning District, as amended, except where specifically modified in Sections 3 through 12 of this Ordinance. Section 3. Project Identification Monument Signs. Two project identification monument signs along Shea Boulevard shall be permitted, at the locations shown on Exhibit "C." These two signs shall not shall not exceed ten (10)feet in height and fourteen (14)feet in width with a ten (10)foot by ten (10)foot signbox. No monument signage shall be permitted along Saguaro Boulevard. All pad lots along Shea Boulevard may have one monument sign as permitted in the "C-2"Zoning District. All monument signs shall be limited to individual letters/symbols attached to the face of the monument. No other monument or any other freestanding signs are Lir permitted on the entire site. All monument signs shall utilize similar materials and colors as used in the construction of the building complex. Internal illumination is prohibited. All monument signage shall not be illuminated between the hours of 11 PM and 6 AM. Monument signage for pad lots with that have a Special Use Permit for after-hours business activity may illuminate the monument sign for that business for the hours that business is open. Signs may be illuminated by a focused, hooded light source or through reverse pan channel letters with a hidden light source. In no case shall such a sign be located within a building setback, unless the sign is no more than 3.5 feet in height. The two project identification monument signs may contain sign copy pertaining to only the main anchor and up to three other tenants having at least 7,500 square feet of leasable space. Law Ordinance 00-06 Page 2 of 9 j Section 4. The permitted sign area for an individual business is based on a one-to-one ratio. Low The total aggregate area of one (1) face of all signs pertaining to any one business on the entire site, including freestanding and/or monumentation signage, shall not exceed an area in square feet equal in number to the linear building frontage for that business. The sign area for businesses occupying space on the corner of a building shall be calculated from the linear frontage of the building. The frontage shall be the side of the building that is either on the same frontage as other businesses in the same building or the side of a freestanding single business building having the main entrance. Window signs shall be limited to a maximum of two (2) square feet per business to display information pertaining to hours of operation, open/close sign etc. No advertising signs on or near windows will be permitted. Prior to the issuance of any sign permit for this site a Comprehensive Sign Package, per Chapter 6, Section 6.06 of The Zoning Ordinance of the Town of Fountain Hills, shall be submitted to and approved by the Community Development Department. Banners, pennants and other displays are allowed only as stated in Chapter 6, Section 6.08.0 of the Zoning Ordinance of the Town of Fountain Hills. Section 5. The following uses are specifically permitted within this "C-2 P.U.D." Zoning District: A. Any Uses Permitted in the C-O Zoning District. rr B. Any of the Following Commercial Uses: 1. Amusement arcades enclosed within a building. 2. Appliance sales,repair and service. 3. Automotive fuel dispensing stations or gasoline sales. 4. Automobile laundries, car washes or automobile detailing businesses only as an accessory use to an automobile fuel dispensing station. 5. Bakeries. 6. Banks. 7. Barbershops. 8. Bars—On premise consumption only. No adult entertainment. 9. Blueprint,photostatic and reproduction (copy) services. 10. Bookstores, other than adult bookstores. 11. Catering establishments not utilizing any manufacturing process or outside storage of materials or vehicles. 12. Child care centers. 13. Conservatories or studios: Visual arts, dancing or music. Includes the creation, display and sale. 14. Drive-in restaurants and refreshment stands. Ordinance 00-06 Page 3 of 9 15. Drive-in window facilities. 16. Dry-cleaners. 17. Dry-goods and notions. 18. Florists (retail). 19. Food Stores. 20. Furniture stores: New, used, finished or unfinished; No manufacturing. 21. Gift Shops. 22. Hardware stores. 23. Health spas and public gyms. 24. Hotels and Motels. 25. Insurance agencies. 26. Kennels,indoor,but outdoor kennels are not permitted. 27. Laboratories, medical or dental. 28. Outdoor seating areas for restaurants, delicatessens, cafes or bars with or without alcoholic beverage service. 29. Outside storage, provided that all outdoor storage areas are screened from public view and the view from adjoining properties. 30. Parking lots and public garages, subject to parking standards in Chapter 7. 31. Pharmacies. 32. Photo shops. 33. Photo studios. 34. Printing, lithography and publishing establishments. 35. Private schools for academic instruction. 36. Restaurants, delicatessens and cafes (including the sale of alcoholic beverages-On premise consumption only). 37. Retail stores. 38. Theaters, but not including a drive-in theater or adult oriented facilities as defined under Chapter 1, Section 1.12 of this Ordinance. 39. Variety stores. 40. Veterinary hospitals and clinics for animals. 41. Wearing apparel stores. 42. Accessory buildings and uses customarily incidental to the above. Because no list of uses can be complete, the Community Development Director will render decisions on additional uses with appeal to the Town Council. The following uses are specifically prohibited within this "C-2 P.U.D." Zoning District: 1. Amusement parks, arcades, drive-in or outdoor theaters, miniature golf courses, and golf driving ranges. Ordinance 00-06 Page 4 of 9 a 2. Automobile repair shops and garages. 3. Cemeteries,pet cemeteries, or mausoleums. 4. Golf Courses as a primary use, including clubhouses located thereon, including miniature courses or practice driving ranges operated for commercial purposes. 5. Laundries, self-serve or coin operated. 6. Metal and ornamental iron shops. 7. Mortuaries. 8. Plumbing shops. 9. Pool halls or billiard centers. 10. Private schools for vocational education. 11. Public schools. 12. Radio and television broadcasting stations and studios, but not including transmitter towers and stations. 13. Sports arenas. 14. Trade schools. 15. Upholstery shops. Section 6. Businesses having required parking rates greater than 1 space per 250 S.F. gross leasable floor area are permitted only if adequate on-site parking is provided. Section 7. The major and minor anchor spaces, as shown in Exhibit "C" shall not be divided into smaller leasable tenant spaces or sublet to separate ancillary uses of less than /4*I.• 20,000 square feet. Section 8. No occupancy permit for any buildings on the site shall be issued until a final occupancy permit for the major anchor tenant has been issued and is open for business. Section 9. Landscaping and lighting for the site shall comply with the standards set forth in the Town Center Commercial Zoning District, Section 18.08 C, and as indicated in Exhibit "C". All outside lighting shall not exceed twenty (20) feet in height and shall be fully shielded and directed away from any residential uses in the vicinity of the site. Section 10. All mechanical equipment must be screened from public view and the view from adjoining properties. Ordinance 00-06 Page 5 of 9 Section 11. The property owner or its successors/assigns do not have the ability to develop the property using the underlying"C-2"base-zoning district. The property shall only be developed and utilized in a manner that is, in the opinion of the Community Development Director, in substantial conformance with Exhibit "C", the Plan of Development for the site and with the regulations contained in this Ordinance. In the event the property owner desires to develop the property in a manner that is in substantial non-conformance with Exhibit "C" and/or this ordinance, the Planned Unit Development shall first be amended or the site rezoned, pursuant to Section 2.01 of The Zoning Ordinance for the Town of Fountain Hills. Section 12. All of the density, area, building and yard regulations of Section 12.13 of The Zoning Ordinance for the Town of Fountain Hills shall apply,except there shall be a forty (40) foot minimum landscaped setback along the site's frontage with Saguaro Boulevard. PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona,this 16th day of March, 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 Law Ordinance 00-06 Page 6 of 9 EXHIBIT "A" Legal Description L Ordinance 00-06 Page 7 of 9 Stantec Consulting Inc 425 South 48 Street Suite 101 Tempe AZ 85281-2315 USA Tel:(480)557-9100 Fax:(480)557-9300 www.stanteccom Exhibit "A" 40- LEGAL DESCRIPTION Stantec Being a portion of the West half of Section 26 and a portion of the East half of Section 27, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being more particularly described as follows: BEGINNING at the most Northerly corner of Bank of America Parcel as in Book 407 of Maps, page 10 and in Recorders No. 95-0725986, records of Maricopa County, Arizona, said corner being on the Southerly right-of-way line of Shea Boulevard; THENCE South 37 degrees 55 minutes 34 seconds West, along the Westerly line of said Bank of America Parcel, a distance of 117.88 feet to a corner of said Bank of America Parcel; THENCE South 61 degrees 20 minutes 00 seconds East, along the Southerly line of said Bank of America Parcel, 130.11 feet; THENCE South 32 degrees 07 minutes 00 seconds East, along the Southerly line of said Bank of America Parcel, 329.10 feet to the beginning of a non-tangent curve concave Northwesterly, said curve also being the Westerly right-of-way line of Saguaro Boulevard as shown on FOUNTAIN HILLS ARIZONA FINAL PLAT NO. 412-A, recorded in Book 158 of Maps, page 20, records of Maricopa County, Arizona, the center of which bears North 36 degrees 16 minutes 39 seconds West, 758.00 feet; Buildings THENCE Southwesterly along the arc of said curve and said right-of-way line Environment through a central angle of 21 degrees 58 minutes 39 seconds, an arc distance of • 290.75 feet; Industrial THENCE South 75 degrees 42 minutes 00 seconds West, along said right-of-way Management Systems line, 155.00 feet to the beginning of a tangent curve to the left, having a radius of 842.00 feet; Transportation THENCE Southwesterly along the arc of said curve and said right-of-way line through a central angle of 25 degrees 04 minutes 00 seconds, an arc length of Urban land 368.37 feet to a point on a non-tangent curve concave Northwesterly, the center of which bears North 39 degrees 22 minutes 00 seconds West, 20.00 feet; W:VOB\42049\01\Boundary Exhibit Desc.doc THENCE along the arc of said curve through a central angle of 86 degrees 40 minutes 29 seconds, an arc distance of 30.26 feet to the Southwesterly right-of- way line of Laser Drive as shown on said FOUNTAIN HILLS ARIZONA FINAL PLAT NO. 412-A; THENCE North 36 degrees 02 minutes 29 seconds West, along said right-of-way line, 24.45 feet to the beginning of a tangent curve to the left, having a radius of 370.00 feet; THENCE along the arc of said curve and said right-of-way line, through a central angle of 21 degrees 57 minutes 31 seconds, an arc distance of 141.80 feet; THENCE North 58 degrees 00 minutes 00 seconds West, along said right-of-way line, 365.00 feet to the beginning of a tangent curve to the left, having a radius of 370.00 feet; THENCE along the arc of said curve and said right-of-way line, through a central angle of 32 degrees 00 minutes 00 seconds, an arc distance of 206.65 feet; THENCE North 90 degrees 00 minutes 00 seconds West, along said right-of-way line, 20.00 feet to the beginning of a tangent curve to the left, having a radius of 20.00 feet; THENCE along the arc of said curve through a central angle of 90 degrees 00 minutes 00 seconds, an arc distance of 31.42 feet to a point on the East right-of- way line of Technology Drive, as shown on said FOUNTAIN HILLS ARIZONA FINAL PLAT NO. 412-A; THENCE North 00 degrees 00 minutes 00 seconds East, along said right-of-way line, 250.00 feet to the beginning of a tangent curve to the left, having a radius of 630.00; THENCE along the arc of said curve, and said right-of-way line, through a central angle of 24 degrees 48 minutes 00 seconds, an arc distance of 272.69 feet; • THENCE North 24 degrees 48 minutes 00 seconds West, along said right-of-way line, 270.00 feet; THENCE departing said right-of-way South 65 degrees 12 minutes 00 seconds West, 60.00 feet to the West right-of-way line of said Technology Drive, and the beginning of a non-tangent curve concave to the Northeast, the center of which bears North 57 degrees 39 minutes 57 seconds East, 429.45 feet; Stantec THENCE Northerly along the arc of said curve, and said right-of-way, line through a central angle of 20 degrees 03 minutes 12 seconds, an arc distance of 150.31 feet; W:UOB\42049\01\Boundary Exhibit Desc.doc j THENCE North 65 degrees 04 minutes 14 seconds West, 771.28 feet; THENCE North 19 degrees 56 minutes 35 seconds East, 179.77 feet to a non- tangent curve, concave Southwesterly, the center of which bears South 18 degrees 43 minutes 10 seconds West, 6647.49 feet; THENCE Southeasterly along the arc of said curve, through a central angle of 17 degrees 55 minutes 01 seconds, an arc distance of 2078.73; THENCE North 36 degrees 38 minutes 11 seconds East, 150.00 feet to the POINT OF BEGINNING. Comprising 29.24 acres more or less. ip IAN0 P SG � G /‘F1carF1 9L� o w 33856 0 JAMES A. D 4600 EKBERG s4 Stantec L W:UOB1420491011Boundary Exhibit Desc.doc lbw --------------------------------------------------------------------------- Lot name: TOTAL-A North: 920.3734 East: 5703.4209 Line Course: S 58-00-00 E Length: 365.00 North: 726.9529 East: 6012.9585 Curve Length: 141.80 Radius: 370.00 Delta: 21-57-31 Tangent: 71.78 Chord: 140.94 Course: S 47-01-15 E Course In: S 32-00-00 W Course Out: N 53-57-31 E RP North: 413 .1751 East: 5816.8884 End North: 630.8718 East: 6116.0675 Line Course: S 36-02-29 E Length: 24.45 North: 611.1017 East: 6130.4531 Curve Length: 30.26 Radius: 20.00 Delta: 86-40-29 Tangent: 18.87 Chord: 27.45 Course: S 07-17-46 W Course In: S 53-57-31 W Course Out: S 39-22-00 E RP North: 599.3344 East: 6114.2813 End North: 583 .8723 East: 6126.9669 Curve Length: 368.37 Radius: 842.00 Delta: 25-04-00 Tangent: 187.18 Chord: 365.44 Course: N 63-10-00 E Course In: S 39-22-00 E Course Out: N 14-18-00 W Lre RP North: -67.0802 East: 6661.0313 End North: 748.8311 East: 6453.0582 Line Course: N 75-42-00 E Length: 155.00 North: 787.1159 East: 6603 .2556 Curve Length: 290.75 Radius: 758.00 Delta: 21-58-39 Tangent: 147.19' Chord: 288.97 Course: N 64-42-41 E Course In: N 14-18-00 W Course Out: S 36-16-39 E RP North: 1521.6298 East: 6416.0304 End North: 910.5600 East: 6864.5364 Line Course: N 32-07-00 W Length: 329.10 North: 1189.2970 East: 6689.5721 Line Course: N 61-20-00 W Length: 130.11 North: 1251.7124 East: 6575.4102 Line Course: N 37-55-34 E Length: 117.88 North: 1344.6967 East: 6647.8646 • Curve Length: 225.02 Radius: 6797.49 Delta: 1-53-48 Tangent: 112.51 Chord: 224.99 Course: N 52-24-55 W Course In: S 38-31-59 W Course Out: N 36-38-11 E RP North: -3972.6323 East: 2413.2591 End North: 1481.9364 East: 6469.5568 Line Course: S 36-38-11 W Length: 150.00 North: 1361.5706 East: 6380.0466 Curve Length: 2078.73 Radius: 6647.49 Delta: 17-55-01 Tangent: 1047.93 Chord: 2070.29 Course: N 62-19-19 W Course In: S 36-38-11 W Course Out: N 18-43-10 E fir► RP North: -3972.6323 East: 2413.2591 End North: 2323 .2149 East: 4546.6675 J J Line Course: S 19-56-35 W Length: 179.77 North: 2154.2253 East: 4485.3505 Line Course: S 65-04-14 E Length: 771.28 . North: 1829.1294 East: 5184.7684 Curve Length: 150.31 Radius: 429.45, Delta: 20-03-12 Tangent: 75.93 Chord: 149.54 Course: S 22-18-27 E Course In: N 77-43-09 E Course Out: S 57-39-57 W RP North: 1920.4749 East: 5604.3912 End North: 1690.7809 East: 5241.5304 Line Course: N 65-12-00 E Length: 60.00 North: 1715.9480 East: 5295.9971 Line Course: S 24-48-00 E Length: 270.00 North: 1470.8481 East: 5409.2491 Curve Length: 272.69 Radius: 630.00 Delta: 24-48-00 Tangent: 138.51 Chord: 270.57 Course: S 12-24-00 E Course In: S 65-12-00 W Course Out: S 90-00-00 E RP North: 1206.5933 East: 4837.3493 End North: 1206.5933 East: 5467.3493 Line Course: S 00-00-00 W Length: 250.00 North: 956.5933 East: 5467.3493 Curve Length: 31.42 Radius: 20.00 Delta: 90-00-00 Tangent: 20.00 Chord: 28.28 Course: N 45-00-00 E Course In: S 90-00-00 E Course Out: N 00-00-00 E RP North: 956.5933 East: 5487.3493 End North: 976.5933 East: 5487.3493 LLine Course: S 90-00-00 E Length: 20.00 North: 976.5933 East: 5507.3493 Curve Length: 206.65 Radius: 370.00 Delta: 32-00-00 Tangent: 106.10 Chord: 203 .97 Course: S 74-00-00 E Course In: S 00-00-00 W Course Out: N 32-00-00 E RP North: 606.5933 East: 5507.3493 End North: 920.3711 East: 5703.4194 Perimeter: 6618.58 Area: 1,273,481 sq.ft. 29.24 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0028 Course: S 31-49-09 W Error North: -0.00238 East: -0.00148 Precision 1: 2,361, 181.21 Psp LAND sG � ��F►catF4'9`F Q A to V 33856 O CC JAMES A. �' EKBERG 1'' y ii�19 „. ! /. i/ f L j j EXHIBIT "B" L Rezone Map Ordinance 00-06 Page 8 of 9 j j . Subject: JobNo.: BOUNDARY EXHIBIT 24204901 N1g 'S6 35. »9„, E UNE ANGLE DISTANCE / L1 N 36'02'29' W 24.45' 2 U N 90'00'00. W 20.00' A °' CURVE DELTA RADIUS ARC LENGTH �cf C1 86'40'29. 20.00' 30.26' C2 90'00'00' 20.00' 31.42' *• vv m� O $1 f Iri TECHNOLOGY 0syX v' / i,,,,,,g G 1 250.00 ,065 o°*v 800 ' ,00' .`o r 868 , g ®4 y �... N 0 ^ Q. ccv • ITN �.e / 14% . 4 S C.. G+ Exhibit "B" 4-6. *s`6tiatiC oo " y Go Pi 4 1 �\ 4-3 0% \\ o ED�'NOS 425 S. 48th STREET, SUITE 101 `y *."tP(07--- / '�F��ArFtio9�� TEMPE, AZ 85281-2315 w G 33856 O PH: [480] 557-9100 - JAMES A. 'D FAX: [480] 557-9300 ; EKBERG /g1 ik n .kd ll . ENGINEERING . PLANNING . iiiw Stantec . LANDSCAPE ARCHITECTURE . . WATER RESOURCES . . SURVEYING . TRANSPORTATION . P:\24204901\FIELDSUR\EXHIBIT—BOUNDARY.DWG Prepared By: JAE Date: 02/14/00 Checked By: MJP Sheet No.: 1 Of 1 J EXHIBIT "C" Plan of Development Ordinance 00-06 Page 9 of 9 J ( ,NNN / g ir---) / -,...,... ) . -.„ / ./ / iiii/ Il 1 3i / iiL) , ,,‘,..„ I 0 , 1. !I / ii li / , ,, ,. - snik ''/ ---- 1 MAKI AOO,OMaii 1�/. /pr • ' - / .0- A . / iA V /� -i �" t. (w, / 11 sp / ' , E /, /// ////., / i , \\ ,,, e • . / 0., i //, ‘ vo ,. 4 ... 4i,,,;„ ,,, 1 5p. , -,, . ,',, ,' IA ., .., ., // iir ' //. \ ..'' < '*s4 ,k i.t.-'4-\1- . 1 i0-,1 , A 4 0 ' iJtifvo to*iii..\,.i,I n iO\1,*.\.._\.\\,,'\IV\, -.‘l\.:\,-,4.."k N‘Zi.st,.,_. i•-;,i: %\A-_,.-q ,4,- 10.v O .,r, .,H.,/-s 11 • —=“111••/••. M'.=1/••M...=•IM••/'•• 4 ' , 1 �� d i ` I ` Exhibit "C„ 4 •••1NO WI • w o 1 I I 's ." 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'/' IP p: -.1//fis, 'kis $jk,,;'" F= www�- a �.. w yC w -www ,r1i I iii i hill F iIiiiiiiiii / /: ' 2'. - -- 11111 Hill g : / ji • ni IiiiiiIIIII� iiiii `f ill\ : 1 iff,-F l'F4151 1 iii r J 40)144 t41111111k1* 400 W Congress#150 800 W Washington 5th Floor Phoenix AZ 85007-2934 ft % Tucson AZ 85701-1352 (602) 542-5141 1t Z. Li `'F; «.y\ -ra50 - c=_.i (520) 628-6595 QUE '�IOLai 1�11'�TAI E' U READ CAREFULLY,THIS INSTRUMENT IS A SWORN DOCUMENT An extensive investigation of your background will be conducted. False or incomplete answers could result in criminal prosecution and the denial or subsequent revocation of a license or permit. ID BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN"APPLICANT'TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. There is a$24.00 processing fee for each fingerprint card submitted. A service fee of$25.00 will be charged for all dishonored checks(A.R.S.44.6852) 7 pi 0^j s�5 TYPE OR PRINT WITH BLACK INK \- 7 1. Check appropriate Owner,Agent,Partner,Stockholder,Member or cer ❑ Manager(Only) box (Complete Questions 1-16&20) (Complete All Questions except#10,l0a&21) Licensee or Agent must complete#21 for Manager Licensee or Agent must complete#21 la. Name: a r C I'1('is-1-1 i•t+C- Date of Birth: i0-- (( (•C ``1 Last // __ First Middle 2. Name of Licensed Premises: 1'`(-`A?.\' �h{P eL ST Au)ro r d` Premises Phone:(4-Po)k1!d - Fz k,; l ('&'2‘R. \ 1A' 3. Licensed Premises Address: (�75 9" E- � t-- b1- - M Liquor License# Street Address (Do not use PO Box#) City County Zip (If this location is currently licensed) 4. Drivers License#:3l-7 9429 29 State 4 Z_ Residence Phone: 4Po ) F37 - F24 7 Height: 5 l " Weight: IaS Eyes:1. Lair i Place of Birth:\f S i.\ N-IS �(1 / 1 City State Same of Spouse: pp gr2i A iJ Date of Birth:6 r- 3 -(cc' Last First Middle Maiden 6. You are a bona fide resident of what state? An Z 0 t If Arizona,date of residency: LI - I - 9 LI 7. If you have been a resident less than three(3)months,submit a copy of driver's license or voter registration card. 8. Indicate your employment or type of business during the past five(5) ears,if unemployed part of the time,so state. List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (Give street address,city,state&zip) ,il99 CURRNTERes-itt r-- ReLr÷"" J eL. . (�'1 '-//9V Jos. i i/a s Ri//1 « s . . F ? ., er 2)/ 9 it (f)9? s (. , _ , kid) 0WWLc, AZ18sz g (ATTACH ADDITIONAL SHEET IF NECESSARY) 9. Indicate your residence address for the last five(5)years: FROM TO RESIDENCE Month/Year Month/Year Street Address City State Zip 41/q1 CURRENT t ,l3C? E EL- L - 3 : }rJ i-i-1t,1 AZ- d Siir ucotoi osn9 Disabled individuals requiring special accommodations please call(602)542-9051 a . the licensed premises? If you answered YES,how many hrs/day? answer#10a below. If NO,skip to#11. Y,. 10a.Have you attended a Department approved Liquor Law Training Co se within the last 5 years? (Must provide proof) YES 0 NO If the answer to#l0a is"NO",course must be completed before issuance of a new license or approval on an e sting license. 11. Have you EVER been detained,cited,arrested,indicted or summoned into cC'urt'for violation of ANY law or 0 YES ordinance(regardless of the disposition even if dismissed or expunged)? For traffic violations,include only $\10 those that were alcohol and/or drug related. V) 12. Have you EVER been convicted,fined,posted bond,been ordered to deposit bail,imprisoned,had sentence 0 YES i 4O suspended,placed on probation or parole for violation of ANY law or ordinance(regardless of the disposition �� �," even if dismissed or expunged)? For traffic violations,include only those that were alcohol and/or drug related. 13. Are there ANY administrative law citations,compliance actions or consents,criminal arrests,indictments or 0 YES , No summonses PENDING against you or ANY entity in which you are now involved? 14. Have you or any entity in which you have held ownership,been an officer,member,director or manager EVER 0 YES 1O had a business,professional or liquor APPLICATION OR LICENSE rejected,denied,revoked,suspended or fined in this or any other state? 15. Has anyone EVER filed suit or obtained a judgment against you in a civil action,the subject of which 0 YES g 0 involved fraud or misrepresentation of a business,professional or liquor license? 16. Are you NOW or have you EVER held ownership,been an officer,member,director or manager on any other 0 YES*0 liquor license in this or any other state? If any answer to Questions 11 through 16 is "YES" YOU MUST attach a signed statement giving complete details. Please be sure to include dates, agencies involved and dispositions. If you checked the Manager box on the front of this form,fill in#17-19 and 20,all others skip the following box(17-19)and go to#20 Manager Section 17. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑ YES ❑ NO If the answer to#17 is"NO"course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. Iv)18. Do you make payments to the licensee? 0 YES ❑NO If"yes",how much?$ per month..Total debt to licensee$ 19. Is there a formal written contract or agreement between you and the licensee relating to the operation or management of this business? ❑YES 0 NO If"yes",attach a copy of such agreement 20. I, ( h r I)T7l•CA. C ,hereby declare that I am the APPLICANT filing this questionnaire. (Print full name of Applicant) I hay ead this questionnaire and the contents and all statements are true,correct and complete. �y� • State of On Za'7 4--, County of '/ /df? X e, The foregoing instrument was acknowledged before me this (Signature of Applicant) --(day of v' 2 SEAL Day of Month Mrm Year at J , l u-s�,�. ZOo Z --�9 �'�. " c.,.-'\.f. L.-^' ._ My CA 11 F 4 y x ID OF 'I II1: if Sty N Year Signature of NOTARY PUBLIC) FILL IN THIS SECTION ONLY IF OU ARE A LICENSEE OR AGENT APPROVING A MANAGER APPLICATION Licensee or Agent Approval of Manager 21. I,(Print Licensee/Agent's Name): Last Middle First Hereby authorize the applicant to act as manager for the named liquor license. State of County of The foregoing instrument was acknowledged before me this X day of > Me (Signature of LICENSEE/AGENT) Day tfMonth Month Year My commission expires on: Day of Month Month Year (Signature of NOTARY PUBLIC) • • ' e c.zi C ij rt ... ! . . , ',. - : .: : i ' : ''..:. '', 4 E , ..,,,z?, ,,,,,,,t., ,,i, <2......., , ... ,.., i:. :, ; ,,,,, i, 1 , _, ,i „,„,:_,,,, ..(.., ..... i%), ,... . : _.! ,...:7',-;7.-. _, 4 . -- • - . . ' , . ' • • • • 1y ra • •cs, 5 SI; J J 800 W Washington 5th Floor t),44:, 400 W Con ess#150 Phoenix AZ 85007-2934Tucson AZ 85701-1352 (602) 542-5141 i ,;l;'I R r i_° `". (520) 628-6595 ?rig '>>='�>' vonnown :...>,..:.......... ., ... ..... ,.......... ::.::::::.:::::.:::.:..::...... .................,.................. .. .GIPROGRANK '.has:, gimemig OBTAIN ORIGINALS OF THIS FORM FROM DLLC-DO NOT PHOTOCOPY,DOCUMENT IS COMPUTER SCANNED. TYPE OR PRINT WITH BLACK INK. ALCONO TRAI . PROGRAM I IDIYII f.AL,.INFOR ATION 0(..',hr ;r"-C S Individual Name(Print) C ,:1 _ Individual Signature TYPE OF TRAINING COMPLETED S-42 7 " Er BASIC i ON SALE Date Training Com P pleted rthi MANAGEMENT 7 OFF SALE , E( BOTH 11 OTHER IF TRAINEE IS EMPLOYED BY A LICENSEE: ier4-Z- r,ree/e NAME OF THE LICENSEE k USINESS NAME LIQUOR LICENSE NUMBER LCO I MAIN1NG VIi OGRAMOROV'#?EIS INFOO U ATI J HLTU J rEf W/L W 6 AJ Company or Individual Name Address -uk3r - t t.i 7 i4Z-- 8c2 8 4;64 -a 7s L City State Zip • Phone I Certify the above named individual has successfully completed the specified program(s). e/C_, r k 11 /S dlvi} 4.0 _ Trainer Name(Print)-Niczi___ijii,L:\ (, ,cb 7 ? Tr e her Signature • Date Trainer give original of completed form to trainee, photocopy and maintain completed document for your records. Mandatory Liquor Law Training for all new applications submitted after Nov.1,1997. A.R.S.Section 4-112(G)(2). Completion of the Liquor License Training Courses is required at the issuance of a license. The person(s)required to attend both the Basic Liquor Law and Management Training,(either on-sale or off-sale),will include all of the following: owner(s),licensee/agent or manager(s)WHO ARE ACTIVELY INVOLVED IN THE DAY TO DAY OPERATION OF THE BUSINESS. •oof of attendance within the last five years for the required courses must be submitted to the Department before the license application is considered mplete. efore acceptance of a Manager's Questionnaire and/or Agent Change for an existing license,proof of attendance for the Basic Liquor Law and Management Training(either on-sale or off-sale)will be required. LIC 1021 01/98 Disabled individuals requiring special accommodations please call(602)542-9051 j J J 6i��► 800 W Washington 5th Floor ir/ \w 400 W Congress#150 Phoenix AZ 85007-2934 , %;� Tucson AZ 85701-1352 (602) 542-5141 ' `l,`I! � (520) 628-6595 Ithriv 1 J ,1' i Yp 3 t QUESTIO Atilt u l i'i (ifJ READ CAREFULLY,THIS INSTRUMENT IS A SWORN DOCUMENT An extensive investigation of your background will be conducted. False or incomplete answers could result in criminal prosecution and the denial or subsequent revocation of a license or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN"APPLICANT'TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. There is a$24.00 processing fee for each fingerprint card submitted.A service fee of$25.00 will be charged for all dishonored checks(A.R.S.44.6852) VI 0 90 TYPE OR PRINT WITH BLACK INK '\GO 1. Check appropriate Owner,A nt,Partner,Stockholder,Member or Officer 0 Manager(Only) box (Complete Questions 1-16&20) (Complete All Questions except#10,l0a&21) Licensee or A ent must co plete#21 for Manager Licensee or Agent must complete#21 Ia. Name: OY'6S _D/A)Pg" e7 Date of Birth: 1— i LI ' /Z Last �1,, First Middle 2. Name of Licensed Premises: f 'Z &e-61/. nnpof ( ,(, ',Premises Phone:( ) U - 51: 2, 7 on-l/4„d HTcLs n +I. 3. Licensed Premises Address: 75 i �. 1�/7 h/c Co �b•Af ..40)/4 Liquor License# (� I 1 rl-i I Street Address (Do not use PO Box#) City County Zip (If this location is currently licensed) 4. Drivers License#: GA L"-11S% State_T Residence Phone:( ' ) ?` _- f ifgLi zr Height: f Weight: 1.7 Eyes: Hair: �fL<J/•1 Place of Birth: ypi'IL4iJ72 /1l City State ame of Spouse: / ij&Le._ Date of Birth: Last First Middle Maiden 6. You are a bona fide resident of what state? 4Z— If Arizona,date of residency: I - I Q , 7. If you have been a resident less than three(3)months,submit a copy of driver's license or voter registration card. 8. Indicate your employment or type of business during the past five(5)years,if unemployed part of the time,so state. List most recent 1st. ` FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (Give street address,city,state&zip) y 1CURRENT Siz ji /b-7S k C 6t4?r,tjrz: .,. t"Xh�f.%[*. .MvaN . ..,:�9Rf✓ki,.-..,' 'hi.s z:..,ywi,.„e Mal I `1 d 3 " 9/ -3'. M tr,'i'5 ATTACIADD ONAL SHEET (t-e-C '''' 7. .sanry.�,, ( � f �� Ill 9. Indicate your residence address for the last five(5)years: e52W" FROM TO RESIDENCE Month/Year Month/Year Street Address City State Zip 0. 93 CURRENT 1 (:7 39 £ ti, L (31 V1 2 ? fitetiii Az_ NO/ UC 0101 05/1999 Disabled individuals requiring special accommodations please call(602)542-9051 the licensed premises? If you answered YES,how many hrs/day?J 1/ i,answer#10a below. If NO,skip to#11. ' 10a.Have you attended a Department approved Liquor Law Training Co se within the last 5 years? (Must provide proof)OYES ❑NO If the answer to#l0a is"NO",course must be completed before issuance of a new license or approval on an existing license. 11. Have you EVER been detained,cited,arrested,indicted or summoned into court for violation of ANY law or 0 YES)(NO ordinance(regardless of the disposition even if dismissed or expunged)? For traffic violations,include only those that were alcohol and/or drug related. 12. Have you EVER been convicted fined,posted bond,been ordered to deposit bail,imprisoned,had sentence 0 YES)NO ,....) suspended,placed on probation or parole for violation of ANY law or ordinance(regardless of the disposition even if dismissed or expunged)? For traffic violations,include only those that were alcohol and/or drug related 13. Are there ANY administrative law citations,compliance actions or consents,criminal arrests,indictments or 0 YES 40 summonses PENDING against you or ANY entity in which you are now involved? 14. Have you or any entity in which you have held ownership,been an officer,member,director or manager EVER 0 YES,NO had a business,professional or liquor APPLICATION OR LICENSE rejected,denied,revoked,suspended or fined in this or any other state? 15. Has anyone EVER filed suit or obtained a iudement against you in a civil action,the subject of which 0 YESJNO involved fraud or misrepresentation of a business,professional or liquor license? 16. Are you NOW or have you EVER held ownership,been an officer,member,director or manager on any other 'YES 0 NO liquor license in this or any other state? If any answer to Questions 11 through 16 is "YES" YOU MUST attach a signed statement giving complete details. Please be sure to include dates, agencies involved and dispositions. If you checked the Manager box on the front of this form,fill in#17-19 and 20,all others skip the following box(17-19)and go to#20 Manager Section 17. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑ YES ❑ NO If the answer to#17 is"NO"course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. 18. Do you make payments to the licensee? ❑YES ❑NO If"yes",how much?$ per month. Total debt to licensee$ 19. Is there a formal written contract or agreement between you and the licensee relating to the operation or management of this business? ❑YES ❑NO If"yes",attach a copy of such agreement 1) 20. I, do PT74Zici I)//-dq— -G ,hereby declare that I am the APPLICANT filing this questionnaire. (Print full name of Applicant) I have read this questionnaire and the contents and all statements are true,correct and complete./� State of Z✓fi2-- County ofA--� X 't 3& ,_, The foregoing instrument was acknowledged before me this (Signature of Applicant) • 1; `day of —14't1 d 41-11-� , . ,, SEAL Day of Month Month Year #' � S.CRAiG :t' I AMA 2.— A - ^n/L�-0 My i.c e I •:, oa — ', � IV C011rlf.r� �`�r� r r Year .gnature of NOTARY PUBLIC) FILL IN THIS SECTION ONLY f OU ARE A LICENSEE OR AGENT APPROVING A MANAGER APPLICATION Licensee or Agent Approval of Manager 21. I,(Print Licensee/Agent's Name): Last Middle First Hereby authorize the applicant to act as manager for the named liquor license. State of County of The foregoing instrument was acknowledged before me this X day of , 11) (Signature of LICENSEE/AGENT) Day of Month Month Year My commission expires on: Day of Month Month Year (Signature of NOTARY PUBLIC) £St\1LJVA\11 LLi 111\11 ViL1\1 Vt Li NC.V Vl\i/iVLl\AJLI�J Ma• VV+\11t NJ id 800 W Washington 5th Floor 400 W Congress#150 Phoenix AZ 85007-2934 t r( Tucson AZ 85701-1352 (602) 542-5141 3 2 u ,i iJ (520) 628-6595 `r n 1") „ = I An CERTIFICATION OF COMPLETED ALCOHOL TRAINING PROGRAM(S) OBTAIN ORIGINALS OF THIS FORM FROM DLLC-DO NOT PHOTOCOPY,DOCUMENT IS COMPUTER SCANNED. TYPE OR PRINT WITH BLACK INK. ALCOHOL TRAINING PROGRAM INDIVIDUAL INFORMATION I Nria, ed rreS Individual Name(Print) Individual Signature r� TYPE OF TRAINING COMPLETED 0ti27- Q9 ® BASIC kf ON SALE Date Training Completed lilt MANAGEMENT OFF SALE BOTH Nil OTHER IF TRAINEE IS EMPLOYED BY A LICENSEE: /40q.Z•V ( eNAME OF THE LICENSEE reSINESS NAME LIQUOR LICENSE NUMBER ALCOHOL TRAINING PROGRAM PROVIDER INFORMATION Company or Individual Name /6 75 9 r /ZoQ /vc/4 26 Address J • roar;7-air) AZ Y52, 5% Y2 j City State Zip Phone I Certify the above named individual has successfully completed the specified program(s). J Prr/-6- 1AJcJSo Trainer Name(Print) Tra er Signatur D e Trainer give original of completed form to trainee, photocopy and maintain completed document for your records. Mandatory Liquor Law Training for all new applications submitted after Nov.1,1997. A.R.S.Section 4-112(G)(2). Completion of the Liquor License Training Courses is required at the issuance of a license. The person(s)required to attend both the Basic Liquor Law and Management Training,(either on-sale or off-sale),will include all of the following: 'wner(s),licensee/agent or manager(s)WHO ARE ACTIVELY INVOLVED IN THE DAY TO DAY OPERATION OF THE BUSINESS. proof of attendance within the last five years for the required courses must be submitted to the Department before the license application is considered complete. Before acceptance of a Manager's Questionnaire and/or Agent Change for an existing license,proof of attendance for the Basic Liquor Law and Management Training(either on-sale or off-sale)will be required. LIC 1021 01/1999 Disabled individuals requiring special accommodations please call(602)542-9051 I , Fountain Hills Memorandum Swimr TO: Cassie Hansen FROM: Steve Gendler DATE: March 6,2000 SUBJECT: Special Event Request-Native American Art Show The purpose of this memorandum is to endorse the attached special event request from the Fountain Hills Chamber of Commerce for their 3rd annual "Native American Art Show" on April 1st and 2nd. It is my understanding that this will be considered by the Council at their meeting of March 16th. Background In reviewing the proposal, and meeting with Sharon Morgan, her plans call for a show featuring a central event tent, artist display booths, and very limited concessions. The estimated attendance for the two day event is approximately 20,000, however, the Chamber of Commerce plans to advertise regionally so attendance could be slightly higher. Lir The entire event is planned for the roadway on Saguaro with the centerpiece tent at the Parkview intersection. Saguaro would be closed between Avenue of the Fountains and Palisades while Parkview would be closed at the parking lot entrance just west of the Saguaro intersection. A fence will be erected around the event to limit access and improve security Parking provisions have been made in conjunction with the Sanitary District for the area adjacent to the Southwest intersection of Saguaro at Avenue of the Fountains. In the interest of safety, my plan is to restrict parking on Saguaro between El Lago and Avenue of the Fountains to discourage pedestrian traffic on Saguaro in general. The Marshals department will provide officers for overnight security only and have personnel "on call" during the day if needed to assist with security, traffic and crowd control. Law enforcement personnel will not be involved in parking. Recommendation Based on the fact that this event has been successfully staged in previous years, that it involves very limited town resources, and that the road closures and detours will not affect business access, I recommend approval by the Council at their March 16th meeting. Newt" *4.011° , -fAignkt To of loom $ i RIM RECEIVED a If ten. �7 Special Event Request FEB 2 2 2000 )--thuis FOUNTAIN HILLS TOWN CLERK Name of Event Coordinator___SHARON MORGAN Address: Telephone: (residence) 8 3 7-8 2 6 4 (business) 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. FT-1 C'HAMRFR OF COMMERcF. Telephone:A Address of Headquarters- 16 8 37 E PALISADES Description of Event: NATIVE AMFRTCAN ARTTST TNVTTATIINAL Purpose of Event FUND RAISER Location of Event: CAC,TiARO RCIiTT.F.VAvn (Attach map or diagram of area to be used for event) Date of Event:4/1 /00-4/2/09eginn ng Time 10 A.M. Ending Time: -5 P.M. What portion of the roadway, if any, will the event occupy'Saguaro By will be closed between Pa 1 i sadPs anti • Av of fhP Frnuinta i nc from nnn closed from Mr. G' s to S gu r n 3/31 6A_In_ 4/3 ParYyiew Estimated number of persons, vehicles (and types, i.e. cars, trucks), animals, etc. participating: 7n, nnn t-n In nnn 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. MARSHAT. '. T1FPARTMEWT Supplies and Services: HARRTC'Anp.S R STr.NC Vehicles and Other Equipment- J t Special Event Request Page 2 of 2 Lav 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 $1,000,000 combined single limit personal injury and property damage. The certificate of insurance reflecting this coverage shall name the Town as an additional insured as respects this Sp cial Event Perini Signature of Applicant Ag t Date of Application Name of Insurance Company ACCORDTA OF ARTZONA •Policy# NPoR66294 PolicyDates: 7/31 /99 - 7/31 /00 (DO NOT WRITE BELOW THIS LINE - OFFICE USE ONLY) Certificate of Insurance Filed: YES NO Approval by Town Marshal. Date: 3/ Ile Comments: 551 A ICIt g t) •�3„nJ Notification of Local Fire Department: Date. Contact Name &Title. Arrangements Made: Notification of Sheriff's Department: Date- Contact Name & Title: Arrangements Made: Final royal by T ' ou cil: Title or Date• `/(�-co ,,„04 r Iiimmiumpe PALISADES BOULEVARD r ---s-.-----.,...:***:N\N PARKVIEW AVENUE 1 1 l �t j o :. i „. , ..,,,, , ,,,,, „:„ _ _,_ , te-> r:rm ...... ---- A' IL( AVENUE OF ) ( THE FOUNTAINS ) ii a .4,, I ' - — Z .... g „ \ r� m fi y 5 O „ .0 . L 4 g VISTA AVENUE STEWART EL LAGO BOULEVARD '\1c4. 1 7( 0 7\ NINOIt ***4) *1101111) • :::•::. :: ..... �!":::r:?$i is '. : ...;N ..w9:::•x•;:•<v:c::�•o:�•;:.;•r.-::'t:^4::,r;.:::a.:� gg THIS CERTIFICATE IS 1SSVES—AS A WATTS f laalUATION Ac o r d i a o f Arizona ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3020 E. Came l b ac k Rd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 200 COMPANIES AFFORDING COVERAGE Phoenix, AZ 85016 jdw COMPANY MUM 602-381-2800 A Nonprofits Insurance Assoc . COMPANY Fountain Hills Chamber of Comm B X Judy T e k e s ky COMPANY P.O. Box 17598 C Fountain Hi l ls , AZ 85269 COMPANY D .....:::::::::.;;:.::>:::t:.::»:>::.:>:::::::::::::i:::•:�::::c:::::.:::.::::::;::::5:::::: ::::::::c:::� ::::::::: .f THIS ISTOCERTIFY THAT THE POLICIES OFINSURanICELISTEDBELOwHAVEBEENISSUEDTOTHEINSUREDNa1vTEDaBOVEFORTHEPOLICYC..PERIOD ••• -INOICA TED.NO T WITHST ANOINGANYREOUIREMENT,TERMORCONDITIONOF ANYCONTRACT ORO THEROOCLMENT WITHRESPECT TO WHICHTHIS CERTIFICATE MAY BE ISSUED OR MAY PERT MN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LMITS SHOWNMAY HAVE BEEN REDUCED BY PAID CLAMS. CO LTII TYPE Ord POLICY��� DATE(MMIDOIY ICY EFFECTIVE POLICY (MMIDOIY� LIMB! CAMERAL LIABLITY GENERAL AGGREGATE S 2000000 A X COMMERCIAL(T`NERALLIABILITY NIA1805285 7/31/99 7/31/00 PRCOUCTS4MMP/OPA00 $ 2000000 CLAIMS MACE Q OCCLR PERSONAL L ADM INJURY $ 1000000 — OWNER'SELCONTRACTOR'SPROT EACHOCCLMENCE S 1000000 FIRE DAMAGE(Any one(Ire) S 100 0 0 0 MED EXP(Any one Parson) = EXCLUDED AUTOMOBLE LIAELITY ANY AUTO COMBINED SINGLE LIMIT S ALL OWNED AUTOS — BODILY INJURY S SCtLL£OED AUTOS (Per personon)) HIRED AUTOS BODILY INJURY NON•OWNED AUTOS (Per accident) $ PROPERTY DAMAGE _ GARAGE LIABLRY AUTO ONLY •EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ .-.•.•.............. .............. _ AGGREOATE $ EXCESSLIABLRY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM S WORKERS COMPENSATION AND STATUTCRY LIMITS EMPLOYERS'LIABLITY .................. EACH ACCIDENT S THE PROPRIETOR/ INCL DISEASE•PCLICY LIMIT $ PARTNERS/EXECUTIVE CFFICERS ARE: EXCL DISEASE•EACH EMPLOYEE S OTHER DESORPTION Or OPEAATIONSILOCATIONSIYENgLESISPECIAL ITEMS The certificate holder is named as additional insured (ATIMA) with respect to the Native American Artists Invitational to he held April 1 & 2, 2000 SHOULD ANY Or THE ABOVE DESOREED POLICES BE CANCELLED WORE THE EXPVIATION DATE THEREOF.THE ae=UwM COMPANY WILL ENDEAVOR TO MAL The Town of Fountain Hills 5 33 DAYS WRITTEN NOTICE TO THE OMITPICATE HOLDER NAMED TO THE LEFT. C/o C a s s i e Hansen BUT raa. 1E TO MAL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABLITY P 0 Box 17958 OF AN Pilo UPON THE COMPANY. ITS AWAITS OR REPAFSE+TATIVES. AUTHOR • ATIVE • Fountain Hills , AZ 85269 000158000_ �iCORAV(»KJ#lA11Q4;9.IFB : J Chron 37 *Iter eso MEMORANDUM TO: Honorable Mayor and Town Council FROM: Art Ca •elaria, Civil Engineer/ REVIEWED: Tom Word, Inter Town Engineer THROUGH: Paul L. • , T n Manager DATE: March 1, 1,68 RE: Easement Abandonment 00-06; Resolution 2000-07 15022 East Greene Valley Drive Plat 506-B, Block 3, Lot 23 Robert A. & Kay A. Peterson This item on the Town Council's agenda is a proposal to abandon the ten (10) foot public utility and drainage easements located at the northeasterly property line of Lot 23, Block 3, Plat 506-B, (15022 East Greene Valley Drive) as shown in Exhibit "A". The property owners of Lot 23 desires the assurance that any future improvements made to the lot will 1/460, not be infringed upon by the construction of utilities. Staff has received no comments to date from the adjacent property owners. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 23 are required to pass the developed flows generated by the upstream lots across their property. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. Staff recommends adoption of Resolution 2000-07. cc: M/M Peterson M/M Wedding Property Owner 15030 East Greene Valley Drive G:\Easement Memo\EA00-06 Plat 506-B,Inc 3,Lot 23(15022 East Greene Valley Drive)Peterson ,4100) Niro J• ./� � . — =sow E D D �� /OS /OS�• . _L_ o . d 1 . i . 8 ii;. 7. \',.4.6.,,,,,v 6 1, /6%1 L"9S - U ti • h 5 nn1Y ,/,r-,'3.3'' `�(� �S�F - Aim-. B-�� °iii I o .- 1 (- , ,iI GAIIN2 IL moo. _ �. ���s ems_ ' ti 3i- 1 _ _J- k�\ /3 - \ . !\ i \\ ., - -- 7 � n�. -• , - . . - k ,./- -- . • 'N'W 0 • -. 'W : . A \\, ' . - Pq) /5 4 4). • ,/ „...„. . to:_-.,.........../,‘.y-. , -, / . ` o h /EO.b o I $ i .1 -# 6 - Io -� s ,56 2 b omy''' o'er ® 7 - \� ��i2 - ¢•/ T' g• �� � • 1 o do N dr .. ) ,) � s Q r � .3z,,i„.. 7,11 ,,,. j6). .... •,,,:.., ...n. 'tY, -47;"-:-..... .b.--"'"" - 3 , , , ,,,. , ,, 4. 0, , . 0, , 11.1 1r r / 'el l'' , - ti j � � .to.._..::, _ / i<7, ,v , ,___ __ v 1i _ • ill° 11.91° %.-, • 1 ,41Y' ''\.41 . ''''' '. fe[ri E:7,_ ..„____. _ • • - . ,ei,- .t{) (,(\ .,___ _--- _, , , sr.. , ,v.,... , L , , ,_ ,..\ ,) c0k. ,;__:,..., e IA,. .,,,___...,, If? , 7 ___E, 1,1,)fp. . ,,„. _.r,.. ,,, ..., , _. 3 k , c-:-. -- r -'• i - 2/ ,..,' . . \ oo II I�. oc 2 , v" 3 g �$' f g �6 2. Ih , �Frr/ - -� ��h g / '�. = a� �' ' ��� 1� 4 trt,,,0. ,� tih F.. •20 � 32 N• oa _la °%''s —- V2h ��•' 0 2• 20 —k. 5 .,� ti :e •. 10. • 33 -`z D1 _ -d,f'i<7-.— 7.•,6)-..I_erg,.:.,---,r,,c-,,ih `� 4 } p O s -cam J When recorded, return to: 0,100rngineering Department Town of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 2000-07 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT,TITLE, OR INTEREST IT HAS IN A PORTION OF THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTHEASTERLY LOT LINE OF LOT 23, BLOCK 3, OF PLAT 506-B, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 159 OF MAPS, PAGE 3, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real property located in the Town of Fountain Hills, may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, The Town Council of the Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, All present utility companies have received notification of the proposed abandonment; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That the certain ten (10)foot public utility and drainage easements, located along the northeasterly property lot line of Plat 506-B, Block 3, Lot 23, Fountain Hills, Arizona; as recorded in book 159 of maps, page 3 records of Maricopa County, Arizona; are hereby declared to be abandoned by the Town of Fountain Hills. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 23 are required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting therefrom or existing previous to any action by the Town. 41,►r Resolution 2000-07 3- _DO Page 1 of 2 ASS/ SAIL MOTION r\A cua r SECOND (. T.a COUNT C —G Ne11110.%1110' *goll° PASSED AND ADOPTED this 16th day of March 2000. 'Dunn, ATTEST: FO7TH TOWN OF FO NT IN HILLS (4.4.4A.A- Cassie B. Hansen, Town Clerk Sharon Morgan, Mayor REVI D BY: APPROVED AS TO FORM: X/Z- y; :,..c4A.4,1 Paul L. din, own Manager William E. Farrell, Town Attorney L Resolution 2000-07 Page 2 of 2 *40,41110fr *411) Chron 39 ,, MEMORANDUM TO: Honorable Mayor and Town Council FROM: Art Candelaria, Civil Engine4 REVIEWED: Tom W r , Int n Town Enginee THROUGH: Paul L. th wn Manager DATE: February 8, 2000 RE: Easement Abandonment 00-08; Resolution 2000-08 15012 N. Escondido Drive Plat 105, Block 4, Lot 8 Marie Brittain Unit "A" and Dorothy Austin Unit "B" This item on the Town Council's agenda is a proposal to abandon the ten (10) foot public utility and drainage easements located at the southwesterly property line of Lot 8, Block 4, Plat 105, (15012 N. Escondido Drive Units "A" & "B") as shown in Exhibit "A". The property owners of Lot 8 desires the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. Staff has received no comments to date from the adjacent property owners. The northerly 20' of the southwesterly 10' public utility easement will be retained for existing and potential future utility boxes. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 8 are required to pass the developed flows generated by the upstream lots across their property. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. Staff recommends adoption of Resolution 2000-08. cc: Marie Brittain Dorothy Austin George Vangel Shannon Decker G:\Easement Memo\EA00-08 Plat 105,Bl k 4,Lot 8(15012 N.Escondido Dr.)Brittain •44•010 ,411) *40° TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" „..,.., PLAT 105 BLOCK 4 LOTS 8 / . AD �4 PLAT 105 �— BOOK 147 PAGE 45 \ N \\ \ BLOCK 2 \\ \\ R 0.00' N+�/a E \ \ Q- 1.42 M O rs, 5 \ NO O — \ \ tiP)/ , a 0 0 COQ'/ Oho c 1, ti�0. m � �`�'' 706,S0o1 \ (� 0 A 05* 6'24" 0), F R— 30.00' /=57.98' LOT 8 AB 1 ON 20' DRAINAGE ESMT. • : • AIN 20' PUBLI AITILITY ESMT. ' . \ 41 s2p ((,c9^, / N 9,1 il' • • ,Z' N 1 2 a 9 �O. 1 zN z ABANDON 10' DRAINAGE ESMT. N E & 10' PUBLIC UTILITY ESMT. N N z co N N N N Z N N m w 7N N N N i N. N N N / ..., X N W } 6 Y BLOCK 4 ,, IStaw SCALE: 1"=40' w DATE: 3-7-00 J Y --V) 5 Nii."111" *IMO° When recorded, return to: gar Engineering Department Town of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 2000-08 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN A PORTION OF THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE SOUTHWESTERLY LOT LINE OF LOT 8, BLOCK 4, OF PLAT 105, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 147 OF MAPS, PAGE 45, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real property located in the Town of Fountain Hills, may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, The Town Council of the Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and cVHEREAS All present utility companies have received notification of the proposed abandonment; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That the certain ten (10) foot public utility and drainage easements, located along the southwesterly property lot line of Plat 105, Block 4, Lot 8, Fountain Hills, Arizona; as recorded in book 147 of maps, page 45 records of Maricopa County, Arizona; are hereby declared to be abandoned by the Town of Fountain Hills. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 8 are required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting therefrom or existing previous to any action by the Town. +•.�,,, Resolution 2000-08 ASS/FAIL Page 1 of 2U�v` OTi6N SECOND bNek-'r- COUNT 4 *410.14111* ..4410) VV. PASSED AND ADOPTED this le day of March 2000. ..ram ATTEST: FOR WN OF FO N AIN HILLS Cov1/3-46 i/& Cassie B. Hansen, Town Clerk Sharon Morgan, May r REVI BY: APPROVED AS TO FORM: (Fa, Paul L. r in, Town Manager William E. Farrell, Town Attorney L `".r.- Resolution 2000-08 Page 2 of 2 J Chron 40 MEMORANDUM TO: Honorable Mayor and Town Council FROM: Art Candelaria, OrtCivil Engineer REVIEWED: Tom Was Inter` Town Engineer THROUGH: Paul L. N•vi o n Manager DATE: March 10, 1000 RE: Easement Abandonment 00-09; Resolution 2000-09 11420 N. Pinto Drive Plat 605-D, Block 6, Lot 1 Chris&Zoscha Bomhardt This item on the Town Council's agenda is a proposal to abandon the ten (10) foot public utility and drainage easements located at the southerly and westerly property lines of Lot 1, Block 6, Plat 605-D, (11420 N. Pinto Drive) as shown in Exhibit "A". The property owners of Lot 1 desires the assurance that any future improvements made to the lot will not be L. infringed upon by the construction of utilities. Staff has received no comments to date from the adjacent property owners. The northerly 20' of the westerly 10' public utility easement and easterly 20' of the southerly 10' public utility easement will be retained for existing and potential future utility boxes. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 1 are required to pass the developed flows generated by the upstream lots across their property. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. Staff recommends adoption of Resolution 2000-09. cc: M/M Bomhardt Gary John Peter&Erica Streng L G:\Easement Memo\EA00-09 Plat 605-D,Blk 6,Lot 1(11420 N.Pinto Dr.)Bomhardt When recorded, return to: ility Engineering Department Town of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 2000-09 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN A PORTION OF THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE SOUTHERLY AND WESTERLY LOT LINES OF LOT 1, BLOCK 6, OF PLAT 605-D, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 164 OF MAPS, PAGE 15, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real property located in the Town of Fountain Hills, may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, The Town Council of the Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and HEREAS, All present utility companies have received notification of the proposed abandonment; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That the certain ten (10) foot public utility and drainage easements, located along the southerly and westerly property lot lines of Plat 605-D, Block 6, Lot 1, Fountain Hills, Arizona; as shown on Exhibit "A"; as recorded in book 164 of maps, page 15 records of Maricopa County, Arizona; are hereby declared to be abandoned by the Town of Fountain Hills. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 1 are required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting therefrom or existing previous to any action by the Town. Lir Resolution 2000-09 Page 1 of 2 'ASS/FAIL __ ) is-Lti.. MOT10 N �'1 1tex.00 SECOND Ln.1 '>r�� "OUNT _ __ j j PASSED AND ADOPTED this 16th day of March 2000. ATTEST: FORTE OWN OF FO TAIN HILLS Cassie B. Hansen, Town Clerk / Sharon Morgan, M yor REVIEWEE BY: APPROVED AS TO FORM: 9/7;(214A,,,;. P aul L. N rdin, Town Manager William E. Farrell, Town Attorney L Resolution 2000-09 Page 2 of 2 j TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" Ly PLAT 605D BLOCK 6 LOTS 1 BLOCK 2 PLAT 605D i BOOK 164 2 I PAGE 15 I � 1K,..._ MUSTANG DRIVE _ _ �- _ - - - ABANDON 20' _ _ -- - — - DRAINAGEESMT.— - -- - - - -RETAIN 20' PUBLIC DI90'00'00" UTILITY ESMT. LL N85'30'00"E R-20.00' 105.00' L'=31.42' z I 1---' T W Z LOT 1 0 0 1 P 02'35'50 3 o,l R 625.00' �� L-28.33' ,, , N82'54' " 0E/, ' 'C _ _- ---� — _ 125.77 _ I I ABANDON 10' DRAINAGE ESMT. ABANDON 20' O & 10' PUBLIC UTILITY ESMT. DRAINAGE ESMT.RETAIN 20' PUBLIC \ UTILITY ESMT. 173 1 2. � 2 VII t 4 , ' \ --------__ ---- \ 1 Lie SCALE: 1"=40' \ \ \ DATE: 3-7-00 \ �, \ \ 3 J Chron 41 MEMORANDUM TO: Honorable Mayor and Town Council FROM: Art Candelari Civil Engineers REVIEWED: Tom Wi Inte Town Enginee THROUGH: Paul L. •�•i 1. n Manager DATE: March 9, 2►'00 RE: Easement Abandonment 00-10; Resolution 2000-10 15441 E. Palisades Blvd. Plat 602-A, Block 1, Lot 5 Gilbert& Ethel Ortinau This item on the Town Council's agenda is a proposal to abandon the ten (10) foot public utility and drainage easements located at the southeasterly property line of Lot 5, Block 1, Plat 602-A, (15441 E. Palisades Blvd.) as shown in Exhibit "A". The property owners of Lot 5 desires the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. Staff has received no comments to date from the adjacent property owners. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 5 are required to pass the developed flows generated by the upstream lots across their property. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. Staff recommends adoption of Resolution 2000-10. cc: M/M Ortinau Dan Kraatz Cohn &Marsha MasDonald G:\Easement Memo\EA00-10,Plat 602-A,Blk 1,Lot 5(15441 E.Palisades Blvd.)Ortinau f, When recorded, return to: Engineering Department Town of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 2000-10 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN A PORTION OF THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENT ALONG THE SOUTHEASTERLY LOT LINE OF LOT 5, BLOCK 1, OF PLAT 602-A, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 161 OF MAPS, PAGE 42, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real property located in the Town of Fountain Hills, may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, The Town Council of the Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, All present utility companies have received notification of the proposed �,,,► abandonment; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That the certain ten (10)foot public utility and drainage easements, located along the southeasterly property lot line of Plat 602-A, Block 1, Lot 5, Fountain Hills, Arizona; as recorded in book 161 of maps, page 42 records of Maricopa County, Arizona; are hereby declared to be abandoned by the Town of Fountain Hills. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 5 are required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting therefrom or existing previous to any action by the Town. 1/4ir Resolution 2000-10 3-Rs- CO Page 1 of 2 .'ASS/FAI'_ • ION rn.Qw� SECOND LA) a►� nOUNT J J PASSED AND ADOPTED this 16th day of March 2000. %IvATTEST: FOR OWN OF F TAIN HILLS (1.4.4.4AA. UtAAAA---) Cassie B. Hansen, Town Clerk Sharon Morgan, M or REVIE ED BY: APPROVED AS TO FORM: /%/ r/ auL. in, own Manager William E. Farrell, Town Attorney L Resolution 2000-10 Page 2 of 2 J �z. Exhibit "A" a a a\0 • 0`, o. �. O `� � I �'` .�...= �\ _A c..,. 7 . .,.., __....N-- . ..e_.....k.-4,.\\ , -----------"MC:: ::SL-411111111 : ---* - - . - : kZ) \ 6 tc,4 .it QA , i 7:3";o% �,• c ' Gam\ d - ti c _ -r - •i 1 w .:'- S -v /A,I 4 I rai.4,i i 4•6N G,...•0 - ' - A _\tee•- - / 7 i�� -o -'� \�% $ fig- ' %"t --3'% �, % -_ ....._ c% c:?c., \ 5ti. , -.1,-., 0. :� • � _ it c - jam • - � -a . - . 1 C . `++i , ,. 'lyi t .ram W - .- S. o-- -�_ . , $ 7 ,- v Ca a Al .4„,.. .� " (•, i, . , _ i _ . • . -� a. • G ► ,'I 1, • -� . Oil : ,. •. y c=::. . t)Qe. . -.• - - 1 Y --- 4k - ' • . - SW _ - ' • N) 9,1 Ns, 0 ' n .--;.. '-'• I- _ ► .,,: y - ;� I y�a --` �Q.,zza _ �� �\ _ �- C • -- c1" a a gN / � a• _• �" _ �E �o �� �� 0.1 �• 1 s- a Q " / gir \ d -� o. \ J J L MEMORANDUM TO: The 'nora. Mayor Morgan and Town Council FROM: To ; d, I rim Town Engin (0 /� THROUGH: Paul •i4ii �y wn Manager / ( '' ' DATE: March ` , 00 RE: Shea Boulevard Bike Lanes/Contract with Burgess and Niple Beginning in early 1999, staff analyzed the possibility of obtaining federal grant funds to construct bike lanes and medians along Shea Boulevard between Palisades and Saguaro Boulevard (2.65 miles). At the same time, the Engineering Department consulted with Burgess &Niple to provide the Town an engineering scope of work and fees. Completion of this project would place curb and landscaping improvements in the median and modify the present shoulders to be shared with bicycle lanes. The Town has qualified for Federal Highway construction participation for its portion of median and bike lane improvements during the fiscal year 2000. The overall construction cost is estimated at $580,254. The Town's share of the total cost is approximately $33,074 (5.7%). The Town's responsibility for the engineering design services associated with this project is to be $192,364. Attached please find the Engineering contract along with Exhibit "A", which graphically indicates our areas of responsibility. Staff recommends authorization of$192,364 to Burgess and Niple as submitted. CC: Burgess and Niple Community Development Director Jeff Valder Street Superintendent Pat Harvey TOWN OF FOUNTAIN HILLS SHEA BOULEVARD BIKE LANES ENGINEERING CONTRACT NO. ENG 2000-03 This contract made this day of , 2000 by and between the Town of Fountain Hills (herein after 'Town") a municipal corporation of the State of Arizona and Burgess & Niple, Inc. (herein after "Engineer"). WITNESSETH Whereas, the Mayor of the Town of Fountain Hills is authorized and empowered by provisions of the Town Code to execute contracts for professional services; Now therefore, in consideration of mutual promises and obligations set forth herein the parties hereto agree as follows: Article 1. SCOPE OF SERVICES 410, Engineer shall provide the services described in the attached Exhibit A. All work will be reviewed and approved by the Contract Administrator to determine acceptable completion. Review and approval by the Contract Administrator shall not relieve Engineer of any liability for improper, negligent or inadequate services rendered pursuant to this contract. Article 2. FEES 1. The amount paid to Engineer under this contract shall not exceed $192,364_ 2. Monthly payments will be made to the Engineer on the basis of a progress report prepared and submitted by the Engineer for the work completed through the last day of the preceding calendar month. The Contract Administrator reserves the exclusive right to determine the amount of work performed and payment due the Engineer on a monthly basis. Engineer shall maintain all books, papers, documents, accounting records and other evidence pertaining to such monthly billings and shall make such materials available at all reasonable times to the Contract Administrator. Monthly billings shall be accompanied by such documentation as the Contract Administrator may require to make his determination of work performed and payment due. Article 3. TERM OF CONTRACT 1. This contract shall be in full force and effect only when it has been approved by the Town Council of Fountain Hills, Arizona and signed by its Mayor as attested by the Town Clerk. 2. The Engineer shall proceed with the work immediately upon receipt of a notice to proceed issued by the Contract Administrator. All work shall be completed within 480 days after receipt of the Notice to Proceed by the Engineer. 3. In the event the work cannot be completed within the time specified within subparagraph 2 above, the Contract Administrator may approve a change order extending the time for completion of the work for such period as the Contract Administrator deems reasonable. A change order extending the time for completion of the work pursuant to this subparagraph shall not entitle the Engineer to additional compensation. Article 4. TERMINATION OF CONTRACT The Town has the right to terminate this contract for cause or convenience or abandon any portion of the project for which services have not been performed by the Engineer. 1. In the event the Town terminates this contract or any part of the services as herein provided, the Town shall notify the Engineer in writing, and immediately upon receipt of such notice, the Engineer shall discontinue all work under this contract. 2. Upon such termination or abandonment, the Engineer shall immediately deliver to the Town all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the Engineer under the contract, together with all unused material supplied by the Town. Engineer shall be responsible only for such portion of the work which has been completed and accepted by the Town. Use of incomplete data by the Town shall be the Town's sole responsibility. 3. Upon receipt of notice of termination, Engineer shall appraise work they have completed but have not yet been paid for and shall submit the work and appraisal to the Contract Administrator for evaluation. 4. The Engineer shall receive as compensation in full for services performed to the date of such termination or abandonment a fee for the percentage of services actually completed and accepted by the Town. This fee shall be in an amount to be mutually agreed upon by the Engineer and the Town, based upon the scope of work set forth in Exhibit A and the payment schedule set forth in Article 2 hereof. If mutual agreement cannot be j reached after reasonable negotiation, the Contract Administrator shall %, determine the percentage of satisfactory completion of each task set forth in the scope of work contained in Exhibit A and the amount of compensation Engineer is entitled to for such work and the Contract Administrator's determination in this regard shall be final. The Town shall make such final payment within 60 days after the Engineer has delivered the last of the partially completed items. 5. If for any reason the Engineer fails to fulfill in a timely and proper manner their obligations under this contract, or if the Engineer violates any of the covenants, agreements, or stipulations of this contract the Town may withhold from payment due to the Engineer such amounts as are necessary to protect the Town's position for the purpose of set off until such time as the exact amount of damages due to the Town from Engineer is determined by a court of competent jurisdiction. Article 5. ALTERATIONS OR ADDITIONAL SERVICES The total scope of Engineering services to be performed in accordance with this contract is set forth in Exhibit A and, if the Engineer is asked to perform services which are not included in this contract they will be considered additional services. The Engineer shall not perform such additional services without written authorization in the form of an approved change order from the Town. In the event the Engineer performs such additional services without written authorization from the Town, it shall be presumed that the additional services where included in the scope of work set forth in this contract and the fees specified herein and Engineer shall not be permitted to request or receive any additional compensation for such additional services. Article 6. ASSIGNMENT AND SUBCONTRACTING 1. This contract may not be assigned in whole or in part without the prior written consent of the Contract Administrator. 2. The Engineer may engage such sub-consultants or professional associates as they may deem necessary or desire for the timely and successful completion of this contract. However, the use of such sub-consultants or professional associates for the performance of any part of the work specified in Exhibit A shall be subject to the prior approval of the Town. Employment of such sub-consultants or professional associates in order to complete the work set forth in Exhibit A shall not entitle Engineer to addi- tional compensation beyond that set forth in Article 2 hereof for completion of the work specified in Exhibit A. Engineer shall be responsible for and shall warrant all work delegated to such sub- consultants or professional associates. .� .J� .� Article 7. COMPLETENESS AND ACCURACY The Engineer shall be responsible for the completeness, accuracy and quality of all reports, survey work, plans, supporting data and special provisions prepared or compiled pursuant to Engineer's obligations under this contract work and shall correct at his expense all errors or omissions which may be discovered therein. The fact that the Town has accepted or approved the Engineer's work shall in no way relieve the Engineer of any of his responsibilities. Article 8. OWNERSHIP OF DOCUMENTS All documents including but not limited to, data computations, studies, reports, field notes, design notes and all original drawings which are prepared in the performance of this contract are to be and remain the property of the Town and are to be delivered to the Contract Administrator before final payment under this contract is made to the Engineer. Such documents are not intended or represented to be suitable for reuse by the Town on extensions of the project or on any other project. Any reuse without written verification or adaptation by Engineer for the specific purpose intended will be at the Town's sole risk and without liability or legal exposure to Engineer. Article 9. INDEMNIFICATION To the fullest extent permitted by law, the Engineer shall defend, indemnify and hold harmless the Town, its agents, officers, officials and employees from and against all tortuous claims, damages, losses and expenses (including but not limited to attorney fees, court costs, and the cost of appellate proceedings), relating to, arising out of, or alleged to have resulted from the negligent acts, errors, or omissions of the Engineer, its agents, employees, or any tier of Engineer's sub-consultants in the performance of this Contract. Engineer's duty to defend, hold harmless and indemnify the Town of Fountain Hills, its agents, officers, officials and employees shall arise in connection with any tortuous claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by Engineer's negligent acts, errors or omissions in the performance of this contract including any employees of Engineer, any tier of Engineer's sub-consultant or any other person for whose negligent acts, errors, or omissions the Engineer may be legally liable. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. J L Article 10. INSURANCE The Engineer, at Engineer's own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to the Town. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Contract is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of the Town, constitute a material breach of this Contract. The Engineer's insurance shall be primary insurance as respects the Town, and any insurance or self-insurance maintained by the Town shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect the Town. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against the Town, its agents, officers, officials and employees for any claims arising out of the Engineer's negligent acts, errors or omissions. The insurance policies may provide coverage which contain deductibles or self- insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to the Town under such policies. The Contractor shall be solely responsible for the deductible. The Town reserves the right to request and to receive, within 30 working days, certified copies of any or all of the herein required insurance policies and/or endorsements. The Town shall not be obligated, however, to review same or to advise Engineer of any deficiencies in such policies and endorsements, and such receipt shall not relieve Engineer from, or be deemed a waiver of, the right to insist on strict fulfillment of Engineer's obligations under this Contract. The insurance policies, except Workers' Compensation and Professional Liability, required by this Contract, shall name the Town, its agents, officers, officials and employees as additional insureds. L J REQUIRED COVERAGE Commercial General Liability Engineer shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Contract which coverage will be at least as broad as Insurance Service Office, Inc. Policy Form CG 00011093 or any replacements thereof. The coverage shall not exclude X, C, U. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.s . Additional Insured, Form B, CG 20101185, and shall include coverage for Engineer's operations and products and completed operations. If required by this Contract, the Engineer subletting any part of the work, services or operations awarded to the Engineer shall purchase and maintain, at all times during prosecution of the work, services or operations under this Contract, an Owner and Engineer's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the Engineer's work, service or operations under this Contract. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues the Engineer's Commercial General Liability insurance. Workers' Compensation The Engineer shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Engineer's employees engaged in the performance of the work or services; and, Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. In case any work is subcontracted, the Engineer will require the Subcontractor to provide Workers' Compensation and Employer's Liability to at least the same extent as required of the Engineer. Professional Liability The Engineer retained by the Town to provide the work or service required by J J this Contract will maintain Professional Liability insurance covering negligent acts, errors, or omissions arising out of the work or services performed by the Engineer, or any person employed by the Engineer, with a limit of not less than $1,000,000 each claim. CERTIFICATES OF INSURANCE Prior to commencing work or services under this Contract, Engineer shall furnish the Town with Certificates of Insurance, or formal endorsements as required by the Contract, issued by Engineer's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Contract are in full force and effect. In the event any insurance policy(ies) required by this contract is(are) written on a "claims made" basis, coverage shall extend for two years past completion and acceptance of the Engineer's work or services and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Contract, a renewal certificate must be sent to the Town fifteen (15) days prior to the expiration date. CANCELLATION AND EXPIRATION NOTICE Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) days prior written notice to the Town. Article 11. ATTORNEYS FEES In the event either party brings any action for any relief, declaratory or otherwise, arising out of this contract, or an account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued on the commencement of such action and shall be enforceable whether or not such action is prosecuted through judgment. Article 12. CONFLICT OF INTEREST Pursuant to the provisions of A.R.S. § 38-511, the Town may cancel any contract or agreement, without penalty or obligation if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the Town is at any time while the contract or any extension thereof is in effect an employee of any other party to the contract in any capacity or a consultant to any other party to the contract with respect to the subject matter of the contract. L J Article 13. PRIOR COMMITMENT This contract constitutes the entire understanding of the parties and no representations or agreements oral or written, made prior to its execution shall vary or modify the terms thereof. Article 14. GOVERNING LAW This contract shall be governed and interpreted according to the laws of the State of Arizona. Article 15. AMENDMENTS Any amendment, modification or variation from the terms of this contract shall be in writing and signed by all parties hereto. Article 16. ADDITIONAL WARRANTIES AND DISCLOSURES BY ENGINEER 1. The Engineer shall reveal fully and in writing any financial or compensatory agreements which the Engineer has with any prospective % ,, contractor prior to the Arizona Department of Transportation's publication of requests for bids for construction. 2. The Engineer hereby warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the Engineer to solicit or secure this agreement, and that the Engineer has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for the Engineer any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this agreement. 3. The Engineer shall comply with Executive Order No. 11246 entitled "Equal Opportunity Employment" as amended by Executive Order No. 11375, and supplemented Department of Labor Regulations 41CFR, Part 16. Article 17. COMPLIANCE WITH LAW The Engineer specifically agrees that in the performance of the services rendered hereunder by Engineer or anyone acting on their behalf, Engineer will comply with all state, federal and local statutes, ordinances and regulations, and will obtain all permits and licenses applicable for performance under this agreement. J .� Article 18. tkir, CONTRACT ADMINISTRATOR The Town's Contract Administrator for this contract shall be the Town Manager or his designee. In witness whereof, the parties hereto have executed this agreement on the date first written above. ATTEST: TO F FOUNT ILLS (....444.,L5 ,ack.A...,,) �, Cassie B. Hansen, Town Clerk Sharon Morgan, ay REVIEWED BY: REVIEWED BY: . bri / /Z°4-'1.2 47C---,___________ T omas V d Interim Town Engineer aul L. or in, Town Manager APPROVED AS TO FORM: BURGESS & NIPLE, INC. 7,-,(U,v , P c.e.,X W' 'am E. Farrell, Town Attorney Larry Woodlan L Burgess&Niple Contract.doc Page 9 of 13 J EXHIBIT A SHEA BOULEVARD BIKE LANES ENGINEERING DESIGN - SCOPE OF WORK CONTRACT ENG 2000-03 I. BRIEF DESCRIPTION OF PROJECT This project will design a roadway widening for a bike lane, including median landscape and median vertical curb. See attached map. The project is a Federal-Aid project and must conform to ADOT requirements for Federal-Aid projects. The Town has submitted a design concept. II. GENERAL REQUIREMENTS A. STANDARDS All work shall conform to MAG or ADOT Standard Details as applicable and ADOT Specifications. B. QUALITY CONTROL: The Engineer shall submit a detailed system that the firm has implemented to ensure a successful end product of this project. The Engineer shall be responsible for the quality of the documents. The Engineer shall perform his work in accordance with the contract document, and shall review and revise the work prior to submittal , for review and approval. C. PROJECT DESIGN SCHEDULE: The schedule shall be in accordance with the ADOT approved schedule. III. TASKS A. DATA COLLECTION Visit the project area with the Town Engineer prior to commencing design. Obtain all available maps, plans, reports, laboratory tests, and "As-Built" information of existing features and utilities within and adjacent to the project right-of-way, and place the information on base sheets. B. UTILITY COORDINATION Contact all public utilities and coordinate the design of their proposed services and reconstructions within this project. Incorporate the design of proposed utility work into the design of the project plans. Provide utilities with project plans in accordance with the ACC guidelines. Lir Burgess&Niple Contract.doc Page 1 of 13 C. SURVEY Survey shall be based on the Town of Fountain Hills (USGS) datum, subject to ADOT approval. 1. Locate existing utilities within and adjacent to the project right-of-way. 2. Locate existing curb, gutter and roadway pavement which will be matched under this project. D. BASE MANUSCRIPT 1. All data obtained during Tasks A, B and C shall be placed in plan and profile on 24" x 36" base sheet(s) of the project plans. 2. Project plan and profile sheets shall be drawn at a Scale of 1" = 40' Horizontal, and 1" = 4' Vertical. A horizontal scale of 1" = 20' shall be used where necessary to avoid overcrowding of the drawing, and a vertical scale of 1" = 10' shall be used where necessary to avoid excessive break lines. E. GEOTECHNICAL INVESTIGATION A geotechnical investigation is being prepared under separate contract. Review the Geotechnical Report and incorporate the soil data in contract drawings, if required. F. DRAINAGE 1. Site Investigation. Conduct field investigation of existing drainage conditions. 2. Review and evaluate previous reports and studies. a. Investigate available reports on file. b. Obtain aerial photographs and topographic maps to determine drainage areas. 3. Drainage Memorandum Preparation a. Report shall be prepared in accordance with ADOT and the Flood Control District of Maricopa County requirements. 4. Drainage Design. The Engineer shall design a street drainage system which meets the Town drainage requirements, and incorporates a compatible street drainage system which is cost effective. a. Address existing wash. b. Drainage feature type, size, location and elevation shall be shown on the project plans. c. Erosion protection shall be addressed and shown in detail at all new drainage structures. L Burgess&Niple Contract.doc Page 2 of 13 j G. WATER & SEWER DESIGN Water and sewer adjustments shall be designed and indicated on the drawing to be performed by others. Relocations, if required, (ovcr 100' in lcngth, or which require additional drawing sheets) will be included in a mutually agreeable change order. H. ROADWAY DESIGN The Engineer shall produce paving plans for the project which include the following: 1. Paving Design a. Paving plans shall show plan and profile of medians, outside curbing, finished grade of pavement and parkway grading. b. Show top of curb elevations. c. Drainage features shall be located, with sizes, invert elevations and details shown. d. Roadway dimensions, to include right-of-way width shall be shown. e. Plans shall be stationed at 100' intervals. 2. Horizontal and Vertical alignment of roadway. a. Provide proper slope for drainage of asphalt and gutters. 3. Provide roadway sections which detail the width of roadway, cross slope and structural section(s) based on the geotechnical report. TRAFFIC SIGNALIZATION, SIGNAGE & STRIPING Signali2ation plans will be prepared by others, using the paving plans prepared in this contract as the base map. J. RIGHT-OF-WAY 1. Provide legal descriptions and a right-of-way map needed for right-of-way for temporary construction, utility, drainage, sight, and slope easements. 2. The Town will obtain all necessary right-of-way and easements for the project. IV. PLANS AND COST ESTIMATES A. SUBMITTALS Prepare contract documents as required by ADOT for: Preliminary, Pre-Final, and Final (original) submittals. Prior to submittal to ADOT, submit two sets of documents to the Town for review. Revise documents, if requested, and submit to ADOT. Contract documents include, but are not limited to plans, special provisions, cost estimates, calculations, and reports. cry Burgess&Niple Contract.doc Page 3 of 13 ‘.4) tikir V. BIDDING PHASE A. The Engineer shall make services available to the Town and ADOT for advice and consultation, and interpretation of the plans and specifications. The Engineer shall develop and provide the Town all required project addendums during the project bidding phase. B. The Engineer shall attend and participate in the pre-bid conference. 1. Answer any questions concerning project plans and specifications. 2. Assist Town as needed. VI. MEETING PARTICIPATION A. Attend regular progress and review meetings during the course of design as required to coordinate review comments and obtain approval of plans and documents. Take minutes at all meetings and submit copy of minutes to the Town Engineer for review and approval. B. Formal or informal meetings with property owners or Town Council may be requested by the Town Engineer, and will be included in a mutually agreeable change order. C. 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NJ w li i v L 0 . _ _ .. \ --N..., id t' ��s. @ a ION 0‘ g 3 m it Jid al C m I �, Silk NnrlNno-4 L TOWN OF FOUNTAIN HILLS MEMORANDUM TO: M,, . and own Council THROUGH: Pa . .in, Town Manager FROM: Rob' Good an, Director Parks & Recreation DATE: March 10, 2000 RE: Heritage Grant Resolution for Fountain Park Phase II One Heritage Grant application was submitted to Arizona State Parks on February 29, 2000. The Heritage Grant Program requires applicants to submit signed Resolutions no later than Friday, April 14, 2000. Attached is the Resolution for the Fountain Park Phase II Grant. The Grant request is for $700,000. • cc: Andrea Madonna, Arizona State Parks 3 16 00 Fountain Park Phase II Heritage Grant.doc j Resolution No. 2000-11 RESOLUTION OF THE TOWN OF FOUNTAIN HILLS APPROVING THE APPLICATION FOR LOCAL, REGIONAL AND STATE PARKS FUNDS FOUNTAIN PARK PHASE II WHEREAS, the Legislature under A.R.S § 41-503 has authorized the establishment of the Local, Regional and State parks program, providing funds to the State of Arizona and other eligible applicants for acquiring lands and developing facilities for public outdoor recreation purposes; and WHEREAS, Arizona State Parks Board (BOARD) is responsible for the administration of the program within the State, setting up necessary rules and procedures governing application by state and local agencies under the program; and WHEREAS, said adopted procedures established by the BOARD require the applicant to certify by resolution the approval of applications, signature authorization, the availability of local matching funds, and authorization to sign a Participant Agreement with the BOARD prior to submission of said applications to the BOARD; and NOW, THEREFORE, BE IT RESOLVED THAT THE TOWN OF FOUNTAIN HILLS hereby: 1. Approves the filing of an application for Local, Regional and State Parks grant assistance; and 2. Certifies that the application is consistent and compatible with all adopted plans and programs of the Town of Fountain Hills for outdoor recreation improvements; and 3. Agrees to comply with all appropriate procedures, guidelines, and requirements established by the BOARD as part of the application process; and 4. Certifies that the Town of Fountain Hills will comply with all appropriate state and federal regulations, policies, guidelines and requirements as they relate to the application; and 5. Certifies that the Town of Fountain Hills has matching funds in the amount of $700,000 from the following source(s) M.C.O. Properties, Inc., Town of Fountain Hills General Fund, and Fountain Hills Civic Organizations; and 6. Appoints the Fountain Hills Director of Parks and Recreation as agent of the Town of Fountain Hills to conduct all negotiations, execute and submit all documents including, but not limited to, applications, agreements, amendments, billing statements and so on which may be necessary for the completion of the aforementioned project. ASS/FAI! 3_/L -U_O ON 0°w - SECOND P07'^CA - ^OUNT -- - PASSED, ADOPTED AND APPROVED BY THE TOWN OF FOUNTAIN HILLS this 16th day of March, 2000. FOR THE TOWN OF FOUNTAIN HILLS: Z/7 Paul L. Nordin Sharon Morgan Town Manager Mayor ATTEST: Ct./144A__ Cassie B. Hansen Town Clerk APPROVED BY: Ro in Goodman William E. Farrell Director of Parks and Recreation Town Attorney I, the undersigned, Cassie B. Hansen, being the duly appointed and qualified Town Clerk of the Town of Fountain Hills,certify that the foregoing Resolution No.2000-11 is a true,correct and accurate copy of Resolution No. 2000-11,passed and adopted at a regular meeting of the Town Council of the Town of Fountain Hills, held on the 16th day of March,2000 at which a quorum was present and voted in favor of said Resolution No.2000-11. Given under my hand and seal this 16th day of March,2000. C./A. >jl. , Cassie B. Hansen,Town Clerk .� r.r� TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Ho ble ayor and Town Council FROM: Torte aid, rim Town Engi THROUGH: Paul ' , wn Manager DATE: March , 000 RE: Traffic Signal Construction On March 3, 1999, Town staff met with the Fountain Hills Fire Department to discuss future traffic signal locations. They expressed concern with emergency flasher operational difficulties at the Avenue of the Fountains and Palisades Boulevard. Staff corrected the problem and the flashers have functioned properly for the past year. More recently, Assistant Fire Chief Scott LaGreca has expressed concern with the impact of proposed/planned commercial development on this intersection. Staff has met with developers regarding the planning of Town Center III and as a result, shares the concerns of the Fire Department. A considerable portion of the new development, including the Town's Community Center, will use the Avenue of the Fountains to Palisades Boulevard route and staff has safety concerns for the vehicular traffic using that intersection. Due to these mutual safety concerns, staff would like to proactively plan for a traffic signal at this intersection. Authorization to expend $25,000 on the design, plans and specifications of a signal at the corner of Palisades and the Avenue of the Fountains is requested on the March 16 council agenda. Planning will include consideration of an interconnect with the signal at Palisades and Fountain Hills Boulevard to enhance traffic flow. L j *ovr7;��,t. " ��• Fountain Hills Fire Department F J: i ••�?.�D u y ; 16426 East Palisades Boulevard i; ? T Fountain Hills, AZ 85268 TOWN OF FOUNTAIN HILLS 480-837-9820 • FAX 480-837-6167 *NILLs' MAR 071999 ENGINEERING DEPARTMENT March 7, 2000 Tom Ward, Interim Town Engineer Town of Fountain Hills PO Box 17958 Fountain Hills, AZ 85269 Re: Palisades/Avenue of the Fountains Intersection Dear Mr. Ward: In talking with my Fire Marshal, he has informed me of the following developments. • Thunder Ridge is near completion along with Osco, which is open for business. They have broken ground for the Fountain View Retirement Community and our Fire Marshal has also received plans for a new Wal.greens and Bank to be located at the above stated intersection. • The existing traffic devices are inadequate in establishing right-of-way for the present traffic flow. • If I am correct, there is an agreement between the Town and MCO to install four way traffic signals when traffic warrants. I also believe that all the infrastructure has been installed. • We believe that within this next budget year, the traffic problem at this intersection will be to the point that our vehicles will not be able to exit or enter the fire station in a safe manner. At this time, I am requesting that the town budget for traffic signals at this location in order to establish a right-of-way. Please do not hesitate to ask for any assistance that I or my Fire Marshal can give to you. We are available for meetings to discuss this urgent matter with yc ,i. Sincerely, . Tim oder Fire B and Chairman cc: Paul Nordin, Town Manager Chief Fred Roof (or Assistant Chief/Fire Marshal Scott LaGreca J J J " �I�i- W 'I7s 71r NNW To: Honorable Mayor and Common Counc' From: Pat Davis, Building Officia(VO Date: 03/10/00 Re: Building Department Consultant Fee Budget Increase As requested, the Building Safety staff has reviewed the consulting fee budget and estimated the amount of funding that will be needed for the remainder of the fiscal year 99/00. Last spring, staff included an amount of $125,000 in the Building Safety budget for outside plan check and inspection services. This figure was based on the current level of activity as well as projected projects that would break ground during fiscal year 99/00. Since that time, several large, unanticipated commercial projects have been submitted,depleting the budget for outside services. As of 3/10/00, $125,560 has already been expended. Based on an average of consulting fees per month since January 1999,staff estimates that an additional$55,000 will be needed for the remainder of fiscal year 99/00. Another factor contributing to the current budget shortfall was the construction slow down predicted for fiscal year 99/00. Fountain Hills has not experienced a decrease in construction activity, especially commercial projects. These commercial projects are complex and require extensive architectural and engineering review. Town staff has neither the time nor expertise to review the more complex commercial projects. Due to the significant amount of construction taking place in town, staff is working overtime to complete the residential plan review in a timely manner. Additional inspection assistance will also be needed due to a recent injury experienced by one of the building inspectors. Although staff is requesting additional funding for fiscal year 99/00, it is important to note that the consulting fees are fully recovered through plan check and hourly inspection fees. In fact, the building fee revenue line item is estimated at$2.6 million instead of the budgeted $1.5 million. Thus, there is more than enough new revenue to cover the increased costs. To insure the uninterrupted processing of commercial projects for the remainder of the fiscal year,staff recommends the approval of authorizing an additional$55,000 for outside plan check and inspection fees for fiscal year 99/00. tro •Page 1 Town of Fountain Hills Memorandum DATE: March 15, 2000 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder, Community Development Directo= ✓ SUBJECT: Staff recommended continuance for the Shea Retail Center(Target)items on the March 16, 2000 Town Council agenda. Staff is requesting that the Town Council continue all of the Shea Retail Center(Target)items to the Town Council's April 6, 2000 meeting. The Shea Retail Center items are numbered 13 through 17 as listed on the agenda printed on March 16,2000. The Town Attorney and I believe that a continuance will give staff and the applicant time to more fully review the Planning and Zoning Commission recommendations and to complete the preparation of a sales tax sharing agreement. A continuance will also give the applicant the opportunity to request Town Council approval of several right-of-way abandonments concurrent with the Council's consideration of the proposed rezoning, cut/fill waiver, sales tax sharing agreement and the preliminary plat. The applicant has been contacted and is agreeable to a continuance. If you have any questions please feel free to call me at 816-5108. Town of Fountain Hills Memorandum DATE: March 10, 2000 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder, Community Development Directo FROM: Paul L. Nordin,Town Manager SUBJECT: Consideration of Ordinance 00-06,to rezone the Shea Retail Center(Target) property from the"ND-1"to the"C-2 PUD"Zoning District,consideration of a cut/fill waiver and a preliminary plat for the 10-lot Shea Retail Center development. On March 9,2000 the Planning and Zoning Commission recommended approval of all three items by a vote of 6-1. Commissioner Mooney voted against all three motions. In their motion the Commission included several significant amendments to the proposed language of the proposed"C-2 PUD"Zoning District,and added a few significant stipulations to the proposed preliminary plat. Due to the fact that the Council's consideration of these items was scheduled before the Commission's March 9,2000 meeting minutes were approved and delivered to the Council,the Commission requested that a detailed description of their recommendations be provided to the Council in the event that the Council takes action on these items at your March 16, 2000 meeting. Planning Commission Proposed Amendments to the"C-2 PUD"Zoning District: Only those Sections having proposed amendments by the Commission are shown as follows with new language shown as double-underlined and language to be deleted shown as efessed- : Section 5. The following uses are specifically permitted within this "C-2 PUD" Zoning District: A. Any Uses Permitted in the C-O Zoning District. B. Any of the Following Commercial Uses: 1. Amusement arcades enclosed within a building. 2. Appliance sales,repair and service. 3 Automotivef t s . t• o l e „lo '1. Automobile laundries, car washc., er-aut bit `' ' ili g b nlom asan 5. Bakeries. 6. Banks. 7. Barbershops. 8. Bars—On premise consumption only. No adult entertainment. 9. Blueprint,photostatic and reproduction(copy)services. 10. Bookstores,other than adult bookstores. Town Council Memorandum Case Numbers Z99-24,CFW99-08 and S99-40 March 10,2000 Page 2 of 4 11. Catering establishments not utilizing any manufacturing process or outside storage of materials or vehicles. 12. Child care centers. 13. Conservatories or studios: Visual arts,dancing or music. Includes the creation,display and sale. 14. Drive-in restaurants and refreshment stands. 15. Drive-in window facilities. 16. Dry-cleaners. 17. Dry-goods and notions. 18. Florists(retail). 19. Food Stores. 20. Furniture stores: New,used,fmished or unfinished;No manufacturing. 21. Gift Shops. 22. Hardware stores. 23. Health spas and public gyms. 21. Hotels and Motels. 25. Insurance agencies. 26. Kennels, indoor,but outdoor kennels are not permitted. 27. Laboratories,medical or dental. 28. Outdoor seating areas for restaurants, delicatessens, cafes or bars with or without alcoholic beverage service. 29. Outside storage for the retail sale of landscape materials as an accessory use of a ma'or tenant, provided that all outdoor storage areas are screened from public view and the view from adjoining properties. r 30. Parking lots and public garages,subject to parking standards in Chapter 7. 31. Pharmacies. 32. Photo shops. 33. Photo studios. 34. Printing,lithography and publishing establishments. 35. Private schools for academic instruction. 36. Restaurants,delicatessens and cafes (including the sale of alcoholic beverages-On premise consumption only). 37. Retail stores. 38. Theaters, but not including a drive-in theater or adult oriented facilities as defined under Chapter 1,Section 1.12 of this Ordinance. 39. Variety stores. 40. Veterinary hospitals and clinics for animals. 41. Wearing apparel stores. 42. Accessory buildings and uses customarily incidental to the above. Because no list of uses can be complete,the Community Development Director will render decisions on additional uses with appeal to the Town Council. The following uses are specifically prohibited within this "C-2 PUD" Zoning District: 1. Amusement parks, arcades, drive-in or outdoor theaters, miniature golf courses, and golf driving ranges. 2. Automobile repair shops and garages. j j Town Council Memorandum Case Numbers Z99-24,CFW99-08 and S99-40 March 10,2000 Page 3 of 4 3. Cemeteries,pet cemeteries,or mausoleums. 4. Golf Courses as a primary use, including clubhouses located thereon, including miniature courses or practice driving ranges operated for commercial purposes. 5. Laundries,self-serve or coin operated. 6. Metal and ornamental iron shops. 7. Mortuaries. 8. Plumbing shops. 9. Pool halls or billiard centers. 10. Private schools for vocational education. 11. Public schools. 12. Radio and television broadcasting stations and studios, but not including transmitter towers and stations. 13. Sports arenas. 14. Trade schools. 15. Upholstery shops. Section 7. The major and minor anchor spaces, as shown in Exhibit "C" shall not be divided into smaller leasable tenant spaces or sublet to separate ancillary uses of less than 100,000 square feet and 20,000 square feet.respectively. Section 9. Landscaping} a4 lighting, building architecture and elevations for the site shall comply with the standards set forth in the Town Center Commercial Zoning District, Section 18.08 C, and as indicated in Exhibit"C". All outside lighting shall 41610 not exceed twenty (20) feet in height and shall be fully shielded and directed away from any residential uses in the vicinity of the site. Section 13. The following uses shall only be permitted by Special Use Permit: 1. Automotive fuel dispensing stations or gasoline sales. 2. Automobile laundries, car washes or automobile detailing businesses only as an accessory use to an automobile fuel dispensing station. 3. Hotels and Motels. 4. Any commercial activity between the hours of 11 PM and 6 AM. Planning Commission Recommended Stipulations to the Preliminary Plat: 1. The Commission strongly recommends against the acceptance and approval of any alternative methodology for calculating the"Preservation Requirement"and the "Disturbance Allowance"as permitted under Ordinance 99-30. The Commission believes that the development should either preserve the required quantity and quality of preserved hillside on site or acquire acceptable off-site hillside lands to facilitate a transfer of hillside disturbance to the development site. 2. Prior to final plat approval eliminate the driveway between lots 2 and 3 to Shea Boulevard,eliminate the driveway at lot 6 to Shea Boulevard, and submit an amended traffic report noting any affect those driveway deletions would have on the other driveways and roads leading from the site to Shea Boulevard. .� ...i1 Town Council Memorandum Case Numbers Z99-24,CFW99-08 and S99-40 March 10,2000 Page 4 of 4 Ler 3. Prior to final plat approval redesign the main,unlighted entrance to the site so that left turns onto westbound Shea Boulevard are not possible, and consider a reduction in the speed limit on Shea Boulevard. TOWN OF FOUNTAIN HILLS STAFF REPORT MARCH 10,2000 CASE NO.: Z99-24,S99-040,CFW99-08 LOCATION: Immediately southwest of Shea Boulevard, northwest of Saguaro Boulevard and east and north of Technology Drive. The property consists of Lots 1 and 2 in Plat 412-A,the Cosmic Drive right-of-way,the Laser Drive right-of-way,an alley right- of-way,and an area of land that is currently unsubdivided. REQUEST: A rezone of the site from the "1ND-1"to the "C-2 PUD" Zoning District, a cut/fill waiver and a preliminary plat to subdivide the property into 10 lots. DESCRIPTION: OWNER: MCO Properties L.P. APPLICANT:The Barclay Group EXISTING GENERAL PLAN LAND USE DESIGNATION: "C/R" EXISTING ZONING: "IND-1" PROPOSED ZONING: "C-2 PUD" Liv PARCEL SIZE: 36.43±acres SURROUNDING LAND USES AND ZONING: NORTH: Developed and undeveloped residential lots in Plat 403-B,zoned"R1-35." EAST: Developed commercial and residential uses within several subdivisions, zoned "C- 0","C-2","R-3","R-5"and"R 1-43." SOUTH: Developed and undeveloped industrial, multi-family and single-family lots within Plats 414,412-A and 412-B,zoned"IND-1","IND-2","R-3"and"R1-43." WEST: Developed and undeveloped industrial unsubdivided land and lots within Plat 412- A,zoned"IND-1"and"IND-2." SUMMARY: The Barclay Group has applied for several permits in order to develop the site as a commercial/retail shopping center. This staff report includes staffs review of the proposed rezone, cut/fill waiver and the proposed preliminary plat. Each of these three applications will be reviewed separately as follows: L J .� .� Town Council Staff Report Case Numbers Z99-24,S99-40 and CFD99-08 March 10,2000 Page 2 REZONE: On May 20, 1999 the Town Council passed Resolution 1999-23 that amended the General Plan to redesignate the site from the"Business Park"to the"Commercial/Retail"land use designation on the Future Land Use Plan Map. This amendment would enable the Town to consider rezoning the site from its current "IND-1" zoning to a commercial zoning district that would enable the site to be developed with a commercial shopping center. However, the Council's adoption of Resolution 1999-23 was referred to the voters. In November 1999 the voters of the Town voted to affirm the Council's approval of Resolution 1999-23 and the general plan amendment became effective. Now that the site is designated in the General Plan for commercial/retail land uses the Town Council may rezone the site to a commercial zoning district. The Barclay Group has requested that the Town rezone the site from the"IND-1"to the"C-2 PUD"Zoning District. The proposed "C-2 PUD" Zoning District has been carefully written to permit only those uses contemplated by the applicant, and includes regulations that are more restrictive than the Town's "C-2" Zoning District. The Planned Unit Development(PUD)has been requested so that the Town will be able to include additional controls, such as increased landscaping standards, more restrictive outside lighting regulations, modified sign regulations, increased setbacks along Saguaro Boulevard, and to require that the development of the site conform to agreed-upon set of site, landscaping and elevation plans. In short, the use of the PUD is to allow for a more restrictive set of regulations as compared to the regulations in the"C- 2"Zoning District. Please see the attached draft rezone ordinance. The applicant is not requesting that the entire site be rezoned to the"C-2 PUD"Zoning District. A corridor that is 150 feet wide along the Shea Boulevard frontage, beginning along the northwestern corner of the property and ending near the northeastern corner within the proposed Lot 10, is not proposed to be rezoned and would remain zoned "IND-1." If the rezoning is approved, Lots 1,2,3,4,5,6 and 10 would be split- zoned, meaning that a portion of these lots will be zoned "IND-1" and a portion would be zoned "C-2 PUD." The Town does not prohibit split-zoned lots, although the Town only allows split-zoned lots to be developed under the regulations of the more restrictive of the two zoning districts. The Town Council has already resolved in Resolution 1999-23 that commercial land uses are more restrictive that industrial land uses, so the split-zoned lots may be developed under the more restrictive "C-2 PUD" Zoning District regulations. The applicant has omitted the 150-foot wide area along Shea Boulevard in their rezone application in order to prevent the residential property owners north of Shea Boulevard from compelling a super-majority vote (3/4 of the Town Council)to approve the proposed rezone. CUT/FILL WAIVER: The site is currently divided by Cereus Wash, which flows generally from west to east. The applicant desires to fill in Cereus Wash and relocate the wash generally along the Shea Boulevard frontage, or the northern property line of the site. Cereus Wash is, at the deepest point, approximately 17 feet deep, and the new alignment of the wash will be between 10 and 15 feet deep. Therefore, a fill waiver of approximately 17feet is requested to fill in Cereus Wash,and a cut waiver of approximately 15 feet is requested to relocate the wash. J .J Town Council Staff Report Lor Case Numbers Z99-24,S99-40 and CFD99-08 March 10,2000 Page 3 PRELIMINARY PLAT: The applicant desires to subdivide the site into ten developable lots and two major drainage tracts, in addition to several smaller tracts. The site will be mass-graded as a part of the subdivision improvements. The grading will include moving Cereus Wash, and developing the pad grades for the proposed retail stores and parking lots. The site will be generally lower than Shea Boulevard, with a gentle slope up to the south side of the site where the major anchor stores will be located. The applicant will be responsible for a large amount of perimeter road improvements and the development of Technology Drive north to Shea Boulevard. While the applicant is financially responsible for the on and off-site subdivision improvements, the applicant will likely request Council approval of a sales tax sharing agreement to finance a portion of the off-site roadway improvements. A draft of that agreement has not yet been prepared and is therefore unavailable at this time. Please see the separate memorandum from Paul Nordin regarding the sales tax sharing agreement. The following"business points" will,however, likely be included in the agreement: 1. The sales tax sharing agreement will only be used for off-site roadway and transportation improvements. 2. A fixed percentage of the sales taxes generated from the site will be used to reimburse the developer for the off-site improvements. tilkow 3. The principal maximum amount of the shared sales taxes has not yet been determined. 4. The sales tax sharing agreement requires Town Council approval. Access into the site will be largely taken from Shea Boulevard. In addition to developing Technology Drive, the applicant will develop four additional driveways and will redevelop the existing driveway from Shea Boulevard into the Bank of America parking lot. In total, there will be six roads or driveways from Shea Boulevard into the site, and one driveway from Saguaro Boulevard. The applicant will be responsible for installing a gate at Technology Drive and Saguaro Boulevard to eliminate commercial/industrial traffic into the Firerock residential area south of Shea Boulevard. The Saguaro Boulevard driveway has been a sensitive topic for some who live and work in the area.The applicant proposes to develop a one-way right-turn only driveway on southbound Saguaro Boulevard into the site. Southbound Saguaro Boulevard will be reconfigured so that there will be two travel lanes from Shea Boulevard to the driveway entrance into the site. L 4.) Town Council Staff Report Case Numbers Z99-24,S99-40 and CFD99-08 March 10,2000 Page 4 Hillside Disturbance: The preliminary plat is not consistent with the Hillside Disturbance regulations in the Subdivision Ordinance. The following review pertains to the original(February 3,2000)slope analysis submitted by the applicant: The applicant is proposing to disturb 100% of these slopes, or 7.2453 acres of 10-20% slopes, 2.9898 acres of 20-30% slopes and 2.2319 acres of slopes greater than 30%. Given the preservation requirements and the amount of on-site preservation proposed, the applicant will be required to provide a total amount of off-site preservation of 8.7907 acres in the 10-20% slope band, 8.6047 acres in the 20-30% slope band and 19.3233 acres in the 30%+ slope band. These preservation areas total 36.7187 acres of off- site preservation. Therefore, even in a best-case scenario where the applicant could acquire acceptable lands having these slopes with no "leakage", the proposed preliminary plat would be deficient by at least 33.7187 acres of hillside disturbance. A revised slope analysis utilizing 5-foot contour intervals, instead of 2-foot contour intervals,was submitted on February 24, 2000. This slope analysis indicated the following: The applicant is proposing to disturb 5.4813 acres of 10-20% slopes, 1.919 acres of 20-30% slopes and 1.748 acres of slopes greater than 30%. Given the preservation requirements and the amount of on-site preservation proposed, the applicant will be required to provide a total amount of off-site preservation of 4.6747 acres in the 10-20% slope band,4.3215 acres in the 20-30% slope band and 14.9682 acres in the 30%+ slope band. These preservation areas total 23.9644 acres of off-site preservation. Therefore, even in a best-case scenario where the applicant could Loi acquire acceptable lands having these slopes with no "leakage", the proposed preliminary plat would be deficient by at least 23.9644 acres of hillside disturbance. Please see the attached tables that provide a review of the February 2,2000 and the February 24, 2000 slope analyses. Ordinance 99-30,adopted on October 21, 1999,included the following language: "In addition to the detailed information that is required to be provided to the Town to ensure compliance with this Article, as noted in Section 203(D)(9) of this Ordinance, the property owner may submit to the Town an alternative method of calculating the "Preservation Requirement" and the "Disturbance Allowance" as included in Section 504 (A). The Town Council may approve this alternative method of calculating the "Preservation Requirement" and the "Disturbance Allowance" at the time of preliminary plat consideration." The applicant has requested, pursuant to the above amendment to the Subdivision Ordinance, that an alternative method of calculating the "Preservation Requirement" and the "Disturbance Allowance" be approved by the Town Council. This alternative method would allow for the 15±acres of land that is to be preserved west of the site to satisfy the Hillside Disturbance regulations of the Subdivision Ordinance. This alternative methodology is included in an attached table. Ordinance 1999-30 is the now the subject of litigation. Until the Town receives a stay order from Maricopa County Superior Court, the Town Attorney has opined that Ordinance 1999-30 is effective. Town Council Staff Report Case Numbers Z99-24,S99-40 and CFD99-08 March 10,2000 Page 5 RECOMMENDATION: Due to the fact that the proposed rezone is in conformance with the General Plan's Future Land Use Plan Map, and because the Planned Unit Development regulations will require the development of a commercial/retail center that will be heavily landscaped, sensitively lighted, and with a plan of development that has been scrutinized and accepted by the Town Council and the voters of the Town, staff recommends approval of Case Number Z99-24, the proposed rezone of the site to the "C-2 PUD" Zoning District. Staff also recommends approval of the proposed cut/fill waiver,Case Number CFW99-08. The Planning and Zoning Commission voted 6-1 to recommend Town Council approval of all three items, including the proposed rezoning, the cut/fill waiver and the preliminary plat, with several significant amendments to the proposed rezone and several significant stipulations to the preliminary plat. Please see the cover memorandum for those lists of rezone amendments and plat stipulations. Staff recommends the approval of the proposed preliminary plat, Case Number S99-040, as long as the Ordinance 1999-30 is effective on the date of Town Council approval of the preliminary plat and with all of the following stipulations: 1. The road cross-sections do not match those cross sections contained in Exhibits 8 and 10 of The Subdivision Ordinance for the Town of Fountain Hills. 2. On Sheet P-3 you note 2' of air space between lots 6 and 7, and Lots 7 and 8. These is a 0-foot side-yard setback in some commercial zoning districts,but if a setback is provided a minimum of 3- feet is required. Please revise the notes to show a 3-foot airspace between these future buildings, with one of the buildings observing a 0-foot setback and the other building observing a 3-foot setback. A slight modification of the locations of these lot lines may also be necessary. 3. How are you going to convey the laser drain runoff across Saguaro Boulevard? 4. Provide No Vehicular Access Easements on all right-of-way property lines except for where driveways are proposed. 5. Prior to Town Council approval of the final plat submit and gain approval of a landscape/revegetation plan consistent with the landscaping regulations of the Town Center Commercial Zoning District and Article VI of The Subdivision Ordinance for the Town of Fountain Hills. 6. Provide soils report with final plat submittal. 7. Continue the 8' sidewalk along the entire project frontage on Saguaro Boulevard. 8. Provide a copy of the 404 permit prior to preliminary plat approval. 9. Revise Technology Drive cross-section(major collector)to show a 16' landscaped median,all appropriate turn lanes,and 10' sidewalk easement to include the 8' meandering sidewalk. Town Council Staff Report Case Numbers Z99-24,S99-40 and CFD99-08 March 10,2000 Page 6 (Include dual northbound to westbound and westbound to southbound left-turn lanes at the Technology Drive-Shea Blvd intersection. 10. Add a second southbound lane and appropriate turn lanes to Saguaro Blvd section. 11. Show the 100-year flood water surface elevation on both channel cross-sections. 12. Include a"General Notes" section. 13. Show Laser Drive drainage channel cross-section. (Show drainage easement and 100-year water surface elevation.) 14. Show existing right-of-way on Laser Drive and show area to be abandoned. Apply for right-of- way abandonment. Needs to be recorded concurrent with the final plat. 15. Show drainage easement required for Laser Drive drainage flow—contain within the 100-year flow boundary. 16. Prior to final plat approval gain Town Council approval of the following right-of-way abandonments: Lor • All of Laser Drive • All of Cosmic Drive • The east/west and north/south alleys. Retain public utility easements where needed for existing utilities. 17. Show the drainage areas in or near what is now Laser Drive as separate tracts. 18. Abandon the 20' public utility and drainage easements within Lots 1 and 2 and the 25' public utility and drainage easements in Parcels D and E. 19. Show profiles of new Cereus Wash channel. Show all pertinent drainage structures on profile such as drop structures,box culverts, % slopes, flow channel elevations,etc. 20. Process easement abandonments for all easements shown prior to recording of final plat. 21. Revise parking requirements to utilize a minimum of 26' driveway aisle width on all driveway aisles and 19' deep parking stalls. 23. Show cross-section (typical)of driveway crossings at Cereus Wash. 24. Show specific cross-section of new proposed shared driveway with Bank of America. 25. Provide a taper length/design for the Shea Blvd westbound deceleration lane based on the traffic Lor report recommendations. Town Council Staff Report Case Numbers Z99-24,S99-40 and CFD99-08 March 10,2000 Page 7 26. Provide a public utility easement for 16"effluent line (show on plat). 27. Show a 20' minimum wide drainage easement for pipe near Saguaro Blvd. Also show this drainage easement on the final plat. 28. (Add note): Upgrade the existing traffic signal at the Shea/Saguaro intersection. 29. Submit detail of drainage outlet at 2(30"cmp)extension. Could use typical detail on all similar cases along the wash. 30. Add a new traffic signal at the Shea-Technology intersection, in accordance with Town standards, and synchronized with the Saguaro/Shea signal. Include dual northbound to westbound and westbound to southbound left-turn lanes. 31. Traffic report needs to make the findings and recommendations for the design parameters for the westbound to southbound left-turn deceleration lane into the project's most western entrance driveway. 32. Remove existing pavement on Laser Drive. Install new VC&G on Saguaro and Technology across openings. 33. FEMA-LOMR required for new channel (Laser Drain). 34. Conform to all Engineering Department Technical Review drainage comments prior to final plat recordation. 35. On the improvement plans show the development of a gate and Knox-box to close Technology Drive at Saguaro Boulevard. 36. Hydroseed all undeveloped pads prior to final refund of subdivision construction assurances or the opening of the center to the public, whichever occurs first. 37. Design all driveways and streets accessing Shea Boulevard to minimize headlight glare directed toward the residential areas north of Shea Boulevard. 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Q --, /Allb. ...'ll--- lb: t- r „ j i. _ i y_- - nea*aoav awe R a: - $ J Shea Retail Center-STANDARD METHODOLOGY (All Numbers in Acres) 2/3/00 Development Area (Ex. Roads) SLOPE BAND 0-10% 10-20% 20-30% 30%+ TOTAL TOTAL AREA 24.6752 7.2453 2.9898 2.2319 37.1422 2/24/00 Development Area(Ex. Roads) SLOPE BAND 0-10% 10-20% 20-30% 30%+ TOTAL TOTAL AREA 26.2522 5.4813 1.9190 1.7480 35.4005 2/24/00 Preservation Area SLOPE BAND 0-10% 10-20% 20-30% 30%+ TOTAL TOTAL AREA 3.4215 8.1150 3.3545 0.7638 15.6548 DISTURBANCE %ALLOWED 100% 30% 20% 10% PRESERVATION AREA REQUIRED 0.0000 5.6805 2.6836 0.6874 9.0515 DISTURBANCE AREA ALLOWED 3.4215 2.4345 0.6709 0.0764 6.6033 2/3/00 Development Area (Ex. Roads) SLOPE BAND 0-10% 10-20% 20-30% 30%+ TOTAL TOTAL AREA 28.0967 15.3603 6.3443 2.9957 52.7970 PRESERVATION AREA REQUIRED 0.0000 10.7522 5.0754 2.6961 18.5238 DISTURBANCE %ALLOWED 100% 30% 20% 10% DISTURBANCE AREA ALLOWED 28.0967 4.6081 1.2689 0.2996 34.2732 PROPOSED DISTURBANCE 24.6752 7.2453 2.9898 2.2319 37.1422 PROPOSED PRESERVATION 3.4215 8.1150 3.3545 0.7638 15.6548 EXCESS (SHORT) 3.4215 -2.6372 -1.7209 -1.9323 ADDITIONAL PRESERVE NEEDED -8.7907 -8.6047 -19.3233 -36.7187 2/24/00 Development Area (Ex. Roads) SLOPE BAND 0-10% 10-20% 20-30% 30%+ TOTAL TOTAL AREA 29.6737 13.5963 5.2735 2.5118 51.0553 PRESERVATION AREA REQUIRED 0.0000 9.5174 4.2188 2.2606 15.9968 DISTURBANCE %ALLOWED 100% 30% 20% 10% DISTURBANCE AREA ALLOWED 29.6737 4.0789 1.0547 0.2512 67.0521 PROPOSED DISTURBANCE 26.2522 5.4813 1.9190 1.7480 35.4005 PROPOSED PRESERVATION 3.4215 8.1150 3.3545 0.7638 15.6548 EXCESS (SHORT) 3.4215 -1.4024 -0.8643 -1.4968 ADDITIONAL PRESERVE NEEDED -4.6747 -4.3215 -14.9682 -23.9644 ,4) Shea Retail Center-MODIFIED METHODOLOGY AS PROPOSED BY APPLICANT (All Numbers in Acres) 2/3/00 Development Area (Ex. Roads) SLOPE BAND 0-10% 10-20% 20-30% 30%+ TOTAL TOTAL AREA 24.6752 7.2453 2.9898 2.2319 37.1422 2/24/00 Development Area (Ex. Roads) SLOPE BAND 0-10% 10-20% 20-30% 30%+ TOTAL TOTAL AREA 26.2522 5.4813 1.9190 1.7480 35.4005 2/24/00 Preservation Area SLOPE BAND 0-10% 10-20% 20-30% 30%+ TOTAL TOTAL AREA 3.4215 8.1150 3.3545 0.7638 15.6548 DISTURBANCE %ALLOWED 100% 30% 20% 10% PRESERVATION AREA REQUIRED 0.0000 5.6805 2.6836 0.6874 9.0515 DISTURBANCE AREA ALLOWED 3.4215 2.4345 0.6709 0.0764 6.6033 2/3/00 Development Area(Ex. Roads) SLOPE BAND 0-10% 10-20% 20-30% 30%+ TOTAL TOTAL AREA 28.0967 15.3603 6.3443 2.9957 52.7970 PRESERVATION AREA REQUIRED 0.0000 10.7522 5.0754 2.6961 18.5238 DISTURBANCE %ALLOWED 87.83% 47.17% 47.13% 74.51% DISTURBANCE AREA ALLOWED 28.0967 4.6081 1.2689 0.2996 34.2732 PROPOSED DISTURBANCE 24.6752 7.2453 2.9898 2.2319 37.1422 Le PROPOSED PRESERVATION 3.4215 8.1150 3.3545 0.7638 15.6548 EXCESS (SHORT) 0.0000 0.0000 0.0000 0.0000 0.0000 ADDITIONAL PRESERVE NEEDED 0.0000 0.0000 0.0000 0.0000 0.0000 2/24/00 Development Area(Ex. Roads) SLOPE BAND 0-10% 10-20% 20-30% 30%+ TOTAL TOTAL AREA 29.6737 13.5963 5.2735 2.5118 51.0553 PRESERVATION AREA REQUIRED 0.0000 9.5174 4.2188 2.2606 15.9968 DISTURBANCE %ALLOWED 88.47% 40.32% 36.39% 69.60% DISTURBANCE AREA ALLOWED 29.6737 4.0789 1.0547 0.2512 67.0521 PROPOSED DISTURBANCE 26.2522 5.4813 1.9190 1.7480 35.4005 PROPOSED PRESERVATION 3.4215 8.1150 3.3545 0.7638 15.6548 EXCESS (SHORT) 0.0000 0.0000 0.0000 0.0000 0.0000 ADDITIONAL PRESERVE NEEDED 0.0000 0.0000 0.0000 0.0000 0.0000 L w--r.a an PO Mall"'«vs ars aave m3o 8 r , Asa ear sa✓,v�n,> -'i a a' a .. . a31N33 'wail V3Hs .��_,_ \\ ' 't ,/ -------- ------- <: , LA �. jy. 1 i \ -,/,x'' 8 s / / C ' , \''' ''''- ' '''', Y O ti p N ^ 1111 H n C/ C/ h / V 8 88 8 • ' pal N R /er � 1 _ '.i gel se beK // ` ' 888p8 • • • // 1 ' ' 1 i / Lir \4,6 • , QQ X 8 /// , -� -� o$ L . • 8 '.11.111 SISATINV 3dOlS imam• MIMS a, naaw m wvumo . ../....~ v Y.a d o ONAma OVV nIS/awA3tna ma Milli RE _ill a_ . a31N30 1V13a r3HS -.s.-,. ' 11111 a N a, . . k / / ' )� -j ``- Y + ' Z . i, a. n e a - . R 112M //'•/, k ,—' 4 ,t -- `- I ill lgns « § s 3:2 8 Q BB 0 \/ i , �,, " �i �4� ° �/"J/{yam/ - '41 ell 1 ,, bibtx is 0 5 8 8 8 8 s a P liii!i �' I �' ~ Yid /�/ �:/ `\ K K K K 8 8 8 8 Iii 1!zs.se l/ .�. , 744 \1"iil 1/ ' ; 11. - ' f ii* I'll — — : , b / f e. s. x i • Loy , / , .. , / .. • ,.'''2:'.::.-"J I— r ' l''''';. f ; i 1. ',1 I s :, ',Ii: C. In r t t ice, s% L l J r -- 1i0WA NOLLYAY3l3Yd 30fTI4 VOd=A'M Y 311011 • . •3,aqu i naaw xrtr Inlwa _n Valli maws ens/Warm TAIL = , wren ipav, Ys OM . 831180 11V13a V3HS IS L._,• �7 lilt a Fi n .v ' \ ss i 8 n d � i� / _ e r3 as oill 64 ll \��/ g• " • ill \ IK NNW' I il RbmXaZ 88 Qb � xRS 11 i11111 \ m K K c K ebR 51 / •8 8 8 8 • b. b - - ! I! h . / / 4- / S' 0� i L 0 or I' / f I . i ' / . .. • 11 i 1 : J TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Leesa Fraverd,Planning and Zoning Commission Chairman VIA: Jeffrey W. Valder, Community Development Director FROM: Geir Sverdrup, Senior Planner DATE: March 1, 2000 SUBJECT: Average square foot areas of smaller grocery store chains located in the valley. Staff researched the following retailers to determine the average size facilities that each retailer utilizes. The store sizes range dramatically from 7,000 sq. ft. to 30,000 sq. ft. As a comparison to a local retailer the Waigreens at the Safeway center is a 10,000 sq. ft. store. A.J.'s Fine Food Purveyors 20,000 to 30,000 square feet Trader,joe's 7,000 to 10,000 square feet Wild Oats 33,000+- square feet for a large store 17,000+- square feet for a mid size store 7-10,000 +- square feet for a small store The representative from A.J.'s stated that the Fountain Hills market would be a 20,000 sq. ft. market. The representative from Trader Joes stated that most of their new stores are 10,000 sq. ft. regardless of the market and the representative from Wild Oats stated that the Fountain Hills Market would probably support a 17,000 sq. ft. store. j MEMORANDUM chron 31 TO: Jeff Valder and Planning and Zoning Commission FROM: Jim Leubner,Civil Engineer p4- SUBJECT: Shea Retail Traffic Study(Task Engineering) DATE: March 9, 2000 This memo will address the major outstanding traffic issues as determined by the Town and their traffic consultant. Per my phone conversation with The Town of Fountains Hills Traffic Consultant, Ogbonna Abarikwu, CK Engineering's principal engineer, I have listed below the issues and our position on these traffic concerns: TRAFFIC ISSUES • Concern: Require 1 or 2 traffic lanes on Saguaro Boulevard south of Shea Boulevard. Response: The Town Engineering Department and Traffic Consultant concur on the 4116, requirement for 2 southbound traffic lanes on Saguaro Boulevard(see attached memo by CK Engineering,March 9,2000). • Concern: Should a left turn(westbound onto Shea Boulevard)be allowed exiting from the main Shea Boulevard driveway entrance? Response: CK Engineering feels that this driveway should be okay based on the proposed position of the driveway along with the proposed traffic signal at Technology and Shea Boulevard. Cc: Tom Ward L Shea Retail Traffic Study-3-9-00 J 1,. CK Engineering, Inc. (be ...:.:- IIII e N. emo a ,,,„,„„,,,,,.,.,i„,..,,,,,H,,:.„.,„...,„..„.:.„,f,„„..:,„,.,.,.,;:,„ `, ._. To: Jim Leubner ".�.`l i+iti�' ., lgrioi;c`oordinatwn 837-3145 s'S ,' T i! � :. „�x Fax 480 +'f 't ' : 7i.:$1 tt Operar on hone: 837-2003 ::,x. m .:= RE: Development TIA Review Comments • •,;sign pea: h Target D p 2"� i :�r Abe: Thursday, March 09, 2000 + • CC: File I+ 1 ii{ �+H ' > rnrdl 4.-V. 4,ri c *:,,i0eerzng.; 4. 4 '7 °�` . We have reviewed the revised TIA submitted by Task Engineering on behalf ' "4,4 of the Target Shopping Center being proposed on the SWC of Shea/Saguaro. "'"'f';, ;.- ':.. ` ` ' We recommend that the traffic study be approved subject to the following r,.•Pdrirrrrg'Studies aliciOd&�r.:i modifications: �4 `''"=' • 27 of the revised report should be < :;.n,.:..' = (1) lLecommendation #7, page P '- ti ; ,,;.. revisited. Our evaluation favors two through lanes south of Shea up to just i r .Hlg1n�ak Qperat+nri Sturires; past Firebrick Drive on Saguaro before tapering back to one lane. The • • :x , traffic generated by southbound Saguaro, Firebrick Drive, the Bank and Restaurant currently experience safety and operational problems ` �,,i M1 maneuvering against each other in such short segment. One can only expect w :sig c►r oi.i.Mark,rr Plans that traffic generated by the proposed development will further aggravate the 1 • situation. An additional lane should offer more room to more safely maneuver through the segment. The desire for a second lane can also be justified based on MCDOT guideline. This guideline indicates that.LOS B � IJ1i3 r ,s ,�'�rc:�+rlpaet sturtres can be achieved for a two lane minor urban collector if 2-wayADT s in the Ir -0 „ r range of 500-5,000. According to the TIA, this segment of Saguaro is h: ,a,it`�� +(T0.m- or'PT:'. In estimated to carry 4,500 vehicles a day by year 2005. This is well above the la `, ' ti 'r midrange in the criteria cited. (2) See page 14 of the report. It seems to conflict with the it .-, •�StSnd+{veatr�ry:: recommendation discussed above. t , (3) The island referred to on Recommendation #13, page 28 should be :7; .w.! SWC not "southeast corner" as stated in the report. Page 18 refers to HCS vet. 3.lb and the appendix shows 3.1c, Figure 8 shows 4,300 ADT between •Sa}ety^°Studies Shea and Firebrick but the sum of existing and site ADT for the segment y adds up to 4,500. (4) The last paragraph, page 28 of the revised report referring to possibility of a roundabout is irrelevant and therefore should be deleted. I .:. •ITS'; - •11 me if you have any question. 416' •Site Development Design O• •Dona Abarikwu, P.., TOE Principal Engineer ' Cow 4050 East Greenway Road, Suite#4 •Roadway Design Phoenix,Arizona 85032-4700 (602)482-5884• Fax(602)482-2885 t Id Wt122:TT 000E 60 '-leW S88? Ebb E09 : '0N BNOHd 6ut.aaaut6u8 >0 : 14063 Y cr1„'»n- RP P_ 1 000 10:31AM FROM SWCA. INC 602+274+39B8 P. 2 eswA itic, ENVIRONMENTAL CONSULTANTS 100 West Coolidge Street•Phoenix,Arizona 83013 (602)274-3831 •PAX(802)274-3958 • March 9, 2000 Trey Eakin Barclay Group • 8145 North 86th Place Scottsdale, AZ 85258 • RE: U.S. Corps of Engineers Section 404 Permit-Shea Retail Center Dear: Trey Congratulation! By'now you most likely have received a fax from Ann Palaruan, the Corps project manager for the Section 404 permit for the Shea Retail Center project. As indicated in that fax, a Pre- Construction Notice•for NWP26, the agencies receiving that information will have 21 days to comment on this project. Once the comment period is over, and if the Corp has not received any comments, the L Corp will issue the requested permit. That permit will be good for three years, and will list a set of stipulations you will need to follow as you construct this project. The permit will also outline the monitoring and maintenance requirements of the mitigation areas defined in the permit. What all this means, is that you will receive you Section 404, NWP26, twenty-one days form today! On the off chance, and it would be very unusual', that one of the recipients of the pre-construction notification raised a concern about the project/permit, that issue would need to be addresses before the Corp would issue the permit. Please let us know if that happens and if we can help resolve the issue. • Good luck with your project. and please call on us in the future if you are ever in need of our natural resource or regulatory permitting/compliance services. Sincerely --(f-n.Ajc91-A-A-0"%- n Houser Director of Natural Resources Phoenix Office L J J 03/09/00 09:24 '8`602 640 5382 L. AN1 YALAKUAIN wJuUJ. vuo U.S. Army Corps of Engineers '--Th , ARIZONA REGULATORY BRANCH ' Phone: (602) 640-5385 0 i!1 ����p _01 I FAX: (602) 640-5382 FROM: Q \6-ru C\ L TO: Vs\c� ‘f\ VC. 3 iJQ,,\`•=k.A-1.t _RAD OFFICE: Soto...Q. os c AJQ PHONE: 5 ., eks o v Q- COMMENTS: \. _ Vo r-k_.kcac-A. .�\;\s Cc,.k o .- Pages \nc\ )kc\-1-t-4 \ w`► \i " vet 6kt he Ckw is 1‘-'-\42 A as a m„i_:.Q% VQc-- , Including n -\ `'1. -PQ. Cover J U3/09/UU 09:25 Wilitn b4U b323L G. ANN YALAI(UAN W UvciUUO - PRE-CONSTRUCTION NOTIFICATION Lei FOR NW26 11111 PCN NO. 1999-15997-AP US Army Corps U.S. Army Corps of Engineers of Engineers® ATTENTION: Regulatory Branch (1999-15997-AP) 3636 North Central Avenue, Suite 760 • Phoenix,Arizona 85012-1936 March 9,2000 Date PCN Initiated:PCN supporting documentation attached (5 sheets). March 14,2000 Initial Agency Response Due:Please review the PCN materials and notify Ann Palaruan of the Corps by telephone at(602) 640-5385 x 227 or FAX at (602) 640-5382 if your agency intends to provide substantive site-specific comments. March 30, 2000 Final Agency Response Due:Comments must be received at the address given above on or before this date to be considered by the District Engineer in his decision on this PCN. RECIPIENTS OF PRE-CONSTRUCTION NOTIFICATION AGENCIES/APPLICANT: FAX Number TEL. Number Attn: U. S. Environmental Protection Agency (415) 744-1078 (415) 744-2276 Tim Vendlinski U. S. Fish and Wildlife Service (602) 640-2730 (602) 640-2720 Don Metz Arizona Game and Fish Department Habitat Branch(Phoenix) (602) 789-3928 (602) 789-3602 John Kennedy Habitat Specialist(Reg. VI) (480) 255-3941 (480) 981-9400 Russ Haughey Arizona Dept. of Environmental Quality (602) 207-4674 (602) 207-4502 Andy Cajero-Travers Arizona State Historic Preservation Office (602)542-4180 (602)542-7142 Jo Anne Miller The Barclay Group (480)596-6366 (480)596-9399 Trey Eakin SWCA Inc. Environmental Consultants (602)274-3958 (602) 274-3831 Ken Houser APPLICANT: AGENT: Trey Eakin Ken Houser The Barclay Group SWCA Inc. Environmental Consultants 8145 N. 86th Place 100 West Coolidge Street Scottsdale, Arizona 85258 Phoenix, Arizona 85013 AREA OF WATERS IMPACTED: 1.5 acre(s). PROPOSED ACTIVITY: To construct the Shea Retail Center within a 36-acre site at the southwest corner of Shea Boulevard Boulevard and Saguaro Boulevard in Section 26,T3N, R6E, the Town of Fountain Hills,Maricopa County, Arizona. The purpose of this project is to provide commercial/retail facilities to the Town of Fountain Hills. Project activities involve the discharge of 1.5 acres of dredged or fill material in Cereus Wash. Cereus Wash will be re-channelized through the project area from the west boundary to the existing Saguaro Boulevard box J 03/09/00 09:25 TY602 640 5382 C. ANN PALARUAN 10003/008 culverted road crossing. A new channel is proposed which will consist of a flat earthen bottom with a low flow channel,vertical sides and landscaped overbanks. The new channel will also have six box culvert crossings with hydraulic drop structures at site driveways and Technology Drive. The applicant has submitted a mitigation plan to the Corps. The mitigation plan explains how the applicant proposes to reduce lb/the impacts that are expected to result from the proposed project. Residential homes,commercial developments,paved roads,and unimproved roads surround the project area. The property currently includes a seven-acre effluent field. 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',.1... t. `'`..-:, 90-' -• ,.. .�' •>r-\J ,.ter.',t`':.r.1 .) %."'Z.N. c \ \-1..1 it.%)."-Os-r___ ,--.:,- -:.--'----.7C'--- r....J...,-K- _k ek‘i:f it,••_N Shea Retail Center oy \* -1 i ,-/' I & c::..\ J-,-..,-.„-.-p -.....-^-,..._1:2N; :4' I'. ' N. t , 1-,-.1,11 .%% ,k \\-\ 'k ,W,is.ftPr I? (..:) /(...e,.77',A1-.--., ...,▪ .. \kC-•- •; *;:t.2;\ s.•. ,, . , it• Environmental I--M 1 1---f h-l�i f---1 I -ronaultantd 1000 Feet o 1000 2000 3000 watt:oolidgc, 12.l rixtre tt9013 / IN H H 1-I 1 f I Figure I . Project Location. 1 Kilometer 0.5 1 Source: 7.5' USGS Ouodranglo. 1 H 1--1 H 1--I OS 04 oQ Granite Reef Dom (1974) H / / jdjmSWCA Proj. +: 3149-3143 PCN NO. 1999-15997—AP L. ACHMENT 03/09/00 09:30 "CibUZ b40 aJZSZ L. ANN rAL)►X.Uetiv uvI, \\ /// /• / .4- . / .e i%\\......_, , . /•..>•;'.:„-(4.•,11,:„.. _\ \\\ / - ‘‘. >, ..d. .p. Nikttkitt 440444440 /..".':- `41'kta, se ,:,;•(./ ..:. . ./ ,§!••. ..,,:.': .'..??::..: , ' aT) .1 ,e, , •. . ,,..... .,,,, ,./. ••••11 4.) ..: '4.-/ .:.•::: .':..':7.11,0,44444 ;/ 44 'a ••..1 ....r , .i ... ....._ ,,,,....- _...,. ......• _:::_._.__.---r--- / i ..// ....,.--k;,,,, ) b-4 .,/,:./.• ...:".".'7',7-T-4.---.w-; I .) o �/�/��"0 // j ems ,, y !. ."`� ! ► A4 czt i� Iz •—�' .. ' I r //Ns 1 ` j K O r 8 $ ac 8I PCN NO. 1999-15997—A ATTACHMENT 4 of 5 3 U3/U9/UU 09:3U QouL oily oJOL l,. ANVNV YALAAUAPI 1;1VVv VVV al _ Ili W G. o .. `, t .iW!!; ;%1,1� =11-,11=11 • ` `c • 1=11#11=1 Z• 'l ,-1111-'II. Z IIr-111-,' 75 Fn iv ti =I 1221 U ,4 -I1 .• •• 1=1 E-+ -4 S.<. 11 0 d I.11 a� , L ; II. Lzt U : 11. O 1. I ! r;:.II. �••� �;.;=11 d) 41 1 Al 1: tig11IC1 N ' =;11 U c f _1II O st I1=; E, It.11 P4 C • =11 z i`Ah`! I('•';:.•....;,4%;•,,7.'44,1 ./' 1=11 r I ;I L1 c _ � I L ' ' `• �'�..% - — 411:�� 1i=I 3 fa t o ItCa o • 417 a a § • PCN NO. 1999-15997-AP ATTACHPEENNT. 5 of 5 a Town of Fountain Hills tiw Memorandum DATE: March 10, 2000 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder, Community Development Director THROUGH: Paul L. Nordin, Town Manager SUBJECT: Consideration of Ordinance 00-07, an amendment to Section 6.07 of The Zoning Ordinance for the Town of Fountain Hills to add a new subsection "F". The proposed language would allow for off-premise non-directional signs within Town rights-of-way, Case Number Z2000-03. On February 3, 2000 the Town Council initiated an amendment to The Zoning Ordinance for the Town of Fountain Hills that would allow for off-premise non-directional signs within Town rights-of-way. The suggested language would allow for a limited amount permanent signage within a Town right-of-way if several criteria were met. Off premise non-directional signage is now prohibited. On March 9, 2000 the Planning and Zoning (hoe Commission voted 7-0 to recommend Town Council approval. The proposed amendment is as follows. New text is shown as double-underlined and text to be deleted is shown as c-ressed-eut. 6.07 Signs Permitted in Non-Residential Uses in the Following Districts F. Permanent Off-Premise Signs Permanent off-premise signs may be administratively approved if all of the following criteria are met. Permanent off-premise signs: 1. Shall be permitted only in non-residential zoning districts having a zero- foot front or street side-yard setback. 2. Shall only be permitted if signs are affixed to a building and extend over the abutting Town right-of-way line. 3. Shall only hang over the abutting Town right-of-way line a distance not more than three (3) feet. 4. Shall not be more than three (3.5) feet wide nor more than six (6) feet high. 5. Shall not be closer than 25 feet to another sign developed under these regulations, whether or not they are on the same lot or parcel. { „jo r f i i Town of Fountain Hills Memorandum DATE: March 10, 2000 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder, Director of Community Development"AULD THROUGH: Paul L. Nordin, Town Manager SUBJECT: Consideration of Ordinance 00-08, an amendment to Section 308 of The Subdivision Ordinance for the Town of Fountain Hills that would provide added regulations for minimum lot widths and lot sizes for proposed lots in single- family zoning districts to assure compatibility with surrounding platted property. Over the past several months there have been a number of replats in single family zoning districts that resulted in the creation of lots that have been substantially smaller and/or narrower than other lots in the vicinity. These larger lots can be subdivided into smaller lots in many areas of Town because the large lots were platted in zoning districts that were intended for smaller,narrower lots. For example,Plat 203 in the south-central area of Town(the area includes Inca Drive,Emerald Drive, Sullivan Drive,Hawk Drive and Kingstree Boulevard)is zoned R1-18 but the typical lot size is 1.5 to 2.0 acres in size and typical lot widths can be over 200 feet. Due to the fact that the R1-18 Zoning District requires a minimum lot size of 18,000 square feet(.41 acres)and a minimum lot width of 120 feet,lot splits in these and other areas of Town having similar characteristics are becoming more common. The recent controversy surrounding lot splits on Tepee Drive and in other parts of Town has centered on the incompatible nature (substantially smaller lot size and width)of the proposed lots as compared to the surrounding platted lots. The Town is able to regulate lot size and lot width. Therefore,the proposed amendment of the subdivision ordinance would add regulations to ensure compatibility with surrounding platted lots. On February 24,2000 the Planning and Zoning Commission voted 6-0 to recommend Town Council approval of an amendment to Section 308 of The Subdivision Ordinance for the Town of Fountain Hills. Staff also recommends Town Council approval of Ordinance 00-08. The following is the proposed language that would be added to Section 3.08,Lot Planning, of The Subdivision Ordinance for the Town of Fountain Hills: (Language to be added is shown as double-underlined, and language proposed to be deleted is shown as erased-elm.) 308. Lot Planning. A. Lot width and area shall comply with the minimum requirements of the Zoning Ordinance, including subsection H, below, and shall be appropriate for the location and character of development proposed and L,,,,, for the type and extent of street and utility improvements being installed. In general, urban densities must have urban street and utility J Town Council Memorandum March 10,2000 Page 2 of 3 improvements. The term "urban improvements" is interpreted to mean paved and curbed streets, sidewalks, local storm drainage system, public water supply, fire protection and public sanitary sewerage. Street lights may be required at the direction of the Town Council. Where steep topography (exceeding 10 percent), unusual soil conditions, drainage problems, abrupt changes in land use or heavy traffic on adjacent streets or any other condition exists or can be shown to occur that would not allow a lot to be buildable without some variance or waiver, the Town Council may deny the creation of the lot. B. All proposed lots must be developable without the need of a variance, waiver or any further discretionary approvals from the Town. Prior to final plat approval the Town may require additional documentation, including but not limited to engineered concept site plans, for lots with questionable developability. C. All lot depths shall be at least 95 feet and the depth-to-width ratio of the usable area of the lot not greater than three to one (See Exhibit 19). D. All lots shall have frontage as required by the appropriate zoning district on a fully dedicated, accepted and improved public street that meets all Town requirements unless otherwise approved through a Planned Unit Development (See Exhibit 19). E. Side lot lines shall be substantially at right angles or radial to street lines, except where other treatment may be justified in the opinion of the Town Council (See Exhibit 20). *1 F. Through lots shall not be permitted. An Undevelopable tract of land, at a minimum depth equal to at least 20 feet or the street-side yard setback requirement of the zoning district within which the subdivision is located, shall be shown on the final plat between the rear and street side lot line(s) of all lot(s) and the abutting street right-of-way (See Exhibit 21). In subdivisions where all of the lots are at least 18,000 square feet in size and are not graded with the subdivision improvements, a no-build or other comparable easement may be platted, at the Town's discretion, instead of the separate tract of land. G. Single residential lots on curvilinear streets shall have rear lot lines consisting of a series of straight lines with points of deflection occurring only at the junction of side and rear lot lines unless otherwise approved. Curvilinear rear lot lines with a minimum radius of 800 feet will be permitted (See Exhibit 22). J J Town Council Memorandum March 10,2000 Page 3 of 3 H. In addition to meeting the minimum lot width and lot area regulations of the Zoning Ordinance any r ose sin_Iq a amily zoned lot shall have a lot width and lot size that is consistent with the lot widths and lot sizes of existing platted lots in the immediate vicinity. Lot width consistency shall mean that no lot shall be createavin d h g less than ninety (90) percent of the lot width .f the avera•e of .II platted lots in the same zoning district that are located within 800 feet of the proposed lot. Lot size consistency shall mean that no lot shall be created having less than ninety (90) oercent of the lot size of the averac of all platted lots in the same zoning district that are located within 800 feet of the pro osed lot. L J J TOWN OF FOUNTAIN HILLS ORDINANCE#00-08 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING ARTICLE III OF THE SUBDIVISION ORDINANCE OF THE TOWN OF FOUNTAIN HILLS, TO PROVIDE ADDED REGULATIONS FOR MINIMUM LOT WIDTHS AND MINIMUM LOT SIZES FOR PROPOSED LOTS IN SINGLE-FAMILY ZONING DISTRICTS TO ASSURE COMPATIBILITY WITH SURROUNDED PLATTED PROPERTY. WHEREAS, The Town of Fountain Hills adopted Ordinance #90-8, on June 28, 1990, which adopted The Code of the Town of Fountain Hills, Arizona, and WHEREAS, The Town of Fountain Hills adopted Ordinance 96-29 on October 3, 1996 which adopted The Subdivision Ordinance of the Town of Fountain Hills, and WHEREAS, Chapter 15 of The Code of the Town of Fountain Hills, Arizona, is commonly referred to as The Subdivision Ordinance of the Town of Fountain Hills, and WHEREAS, The Town of Fountain Hills has made subsequent amendments to The Subdivision Ordinance of the Town of Fountain Hills, and WHEREAS, The Town of Fountain Hills has rewritten a portion of Article III of The Subdivision Ordinance of the Town of Fountain Hills in order to provide added regulations for minimum lot widths and minimum lot sizes for proposed lots in single-family zoning districts to assure compatibility with surrounding platted property. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA AS FOLLOWS: Section 1. Article III of The Subdivision Ordinance of the Town of Fountain Hills is hereby amended as shown below. New language is shown as being double-underlined and language to be deleted is shown as being gassed-eut. 'ASS/FAH 3-1 In - C ION _ ORDINANCE 00-08 ECOND _ _ Page 1 .- ,rJ T -- -I --- ARTICLE III-SUBDIVISION DESIGN PRINCIPLES AND STANDARDS 416, 308. Lot Planning. A. Lot width and area shall comply with the minimum requirements of the Zoning Ordinance including subsection H. below, and shall be appropriate for the location and character of development proposed and for the type and extent of street and utility improvements being installed. In general, urban densities must have urban street and utility improvements. The term "urban improvements" is interpreted to mean paved and curbed streets, sidewalks, local storm drainage system, public water supply, fire protection and public sanitary sewerage. Street lights may be required at the direction of the Town Council. Where steep topography (exceeding 10 percent), unusual soil conditions, drainage problems, abrupt changes in land use or heavy traffic on adjacent streets or any other condition exists or can be shown to occur that would not allow a lot to be buildable without some variance or waiver, the Town Council may deny the creation of the lot. B. All proposed lots must be developable without the need of a variance, waiver or any further discretionary approvals from the Town. Prior to final plat approval the Town may require additional documentation, including but not limited to engineered concept site plans, for lots with questionable developability. C. All lot depths shall be at least 95 feet and the depth-to-width ratio of the usable area of the lot not greater than three to one (See Exhibit 19). D. All lots shall have frontage as required by the appropriate zoning district on a fully dedicated, accepted and improved public street that meets all Town requirements unless otherwise approved through a Planned Unit Development (See Exhibit 19). E. Side lot lines shall be substantially at right angles or radial to street lines, except where other treatment may be justified in the opinion of the Town Council (See Exhibit 20). *1 F. Through lots shall not be permitted. An Undevelopable tract of land, at a minimum depth equal to at least 20 feet or the street-side yard setback requirement of the zoning district within which the subdivision is located, shall be shown on the final plat between the rear and street side lot line(s) of all lot(s) and the abutting street right-of-way (See Exhibit 21). In subdivisions where all of the lots are at least 18,000 square feet in size and are not graded with the subdivision improvements, a no-build or other comparable easement may be platted, at the Town's discretion, instead of the separate tract of land. ORDINANCE 00-08 Page 2 G. Single residential lots on curvilinear streets shall have rear lot lines consisting of a series of straight lines with points of deflection occurring only at the junction of side and rear lot lines unless otherwise approved. Curvilinear rear lot lines with a minimum radius of 800 feet will be permitted (See Exhibit 22). H. In addition to meeting the minimum lot width and lot area regulations of the Zoning Ordinance. any proposed single-family zoned lot shall have a lot width and lot size that is consistent with the lot widths and lot sizes of existing platted llots in the immediate vicinity Lot width consistency shall mean that no lot shall be created having less than ninety (.0) percent of the lot width of the average of all platted lots in the same zoning district that re located within 800 feet of the proposed lot. Lot size consistency shall mean that no lot shall be created having lless th n a ninety (900) percent of the lot size of the averacof all platted lots in the same zoning district that are located within 800 feet of themop_o_5_e_d_LQL PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 16`h day of March, 2000. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: �� -- (A.44,..„, 15 )a1/4.4,4_,...„ Sharon Morgan, Mayor Cassie B. Hansen,Town Clerk REVIEWED BY: APPROVED AS TO FORM: Y/ ' _ ,4( ediAti,n., aul L. No din, Town Manager William E. Farrell, Town Attorney L ORDINANCE 00-08 Page 3 .J J Town of Fountain Hills Community Development Department To: Honorable Mayor and Common Council From: Joan Blankenship Date: 03/10/00 Re: Planning and Zoning Commission Meeting Minutes The Commission has asked that you be provided with copies of the meeting minutes from the February 10 and 24 and the March 9, 2000 Commission meeting at which proposed rezoning, Cut/Fill Waiver,and preliminary plat for the Shea Retail Center were discussed. The Commission felt that it was important for the Council to know what was discussed and how the Commission felt about the various issues. LNY The minutes for the March 9th meeting are yet to be approved by the Commission and are, therefore, still in draft form. If you have any questions please feel free to contact either the Commissioners,Jeff Valder or me. L •Page 1 J J TOWN OF FOUNTAIN HILLS MINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION FEBRUARY 10,2000 A public meeting of the Fountain Hills Planning and Zoning Commission was convened and called to order by Chairwoman Leesa Fraverd at 6:30 p.m. February 10, 2000 in the Town Hall Council Chambers located at 16834 E. Palisades Boulevard,Building B,Fountain Hills,Arizona. AGENDA ITEM 1 - CALL TO ORDER, PLEDGE TO THE FLAG, MOMENT OF SILENT REFLECTION,AND ROLL CALL. Chairwoman Fraverd called the meeting to order at 6:30 p.m. After the pledge to the flag, Chairwoman Fraverd called for a moment of silence. Present for the meeting were Chairwoman Leesa Fraverd and Commissioners David Comb,Judy Dragiewicz,Michael Downes,Rod Mooney, and Jay Schlum. Also present was Community Development Director,Jeff Valder; Senior Planner, Geir Sverdrup; and Planning Technician,Joan Blankenship. Vice-Chairman Howes had an excused absence. Consent Agenda Chairwoman Fraverd asked that Agenda Item 2 be removed from the Consent Agenda. *AGENDA ITEM 2 - CONSIDERATION OF COMMISSION MEETING MINUTES: JANUARY 27, 2000 Chairwoman Fraverd pointed out that on Page 8 of the minutes it stated that Mr. Burkhardt had said that the house was two stories when he had not actually said that. Mrs. Blankenship agreed and said that she would revise that page. Commissioner Downes made a MOTION to approve the minutes of January 27, 2000 as amended. Commissioner Dragiewicz SECONDED and the motion CARRIED unanimously. *AGENDA ITEM 3 - CONSIDERATION OF A RECOMMENDATION TO THE TOWN COUNCIL ON A REQUEST FOR A SPECIAL USE PERMIT FOR A TELECOMMUNICATIONS FACILITY PROPOSED TO BE LOCATED AT 15944 E. ROCKY MOUNTAIN PLACE ON AN EXTENDED CHIMNEY LOCATED ON THE EXISTING HOME, CASE NUMBER SU99-09 (CONTINUED FROM THE JANUARY 13,2000 COMMISSION MEETING). Commissioner Combs made a MOTION to continue this item until the February 24, 2000 Commission meeting. Commissioner Mooney SECONDED and the motion CARRIED unanimously. AGENDA ITEM 4- PUBLIC HEARING TO RECEIVE PUBLIC COMMENT ON A PROPOSAL TO REZONE 28.6± ACRES OF LAND, LOCATED SOUTH OF SHEA BOULEVARD, WEST OF SAGUARO BOULEVARD, AND NORTH OF LASER DRIVE FROM THE "IND-1" TO THE "C-2 PUD"ZONING DISTRICT, CASE NUMBER Z99-24. Chairwoman Fraverd opened the Public Hearing at 6:35 p.m. Mr. Valder presented the item to the Commission. 1 j Mr. Valder pointed out that in Section 7 of the proposed ordinance, although the project has always been called the "Target Center", the Town had no assurances that there would be a Target store at that location or that any particular store was committed to be located at the shopping center. He added that without Section 7, the major store area could be partitioned out for smaller stores. He added that the applicant was opposed to that Section. Mr. Valder went through the Cut/Fill Waiver request for the Commission. Mr. Valder stated that it was his understanding that the applicant wished to subdivide lots 2 and 3 into a total of 3 lots, although that plan was not shown on the site plans submitted. Mr. Valder went through the sales tax sharing option that the applicant has proposed to help pay for the off-site improvements required. Mr. Valder discussed the hillside disturbance requirements and the Council's option to use an alternative method of calculating required preservation. Commissioner Combs asked about split zoned lots. Mr. Valder explained that in split zoning, a lot could only be developed to the most restrictive of the different zones. Applicant wants strip of land along Saguaro so that they would not be required to have three-fourths vote of the Town Council to approve the rezoning. Commissioner Combs asked if there would be an effect on setbacks. Mr. Valder answered that there would be no effect. Commissioner Combs asked if something else could be developed in the future in Industrial zoned areas? Mr. Valder answered that there could be, such as a restaurant with the parking lot located in the Industrial area. Chairwoman Fraverd asked that the wash area to be filled in and relocated be pointed out on the map. Mr. Valder did so and explained that there would be a culvert placed in the new wash at an ingress point off of Shea Boulevard. Chairwoman Fraverd asked if the wash was located within the 150 feet wide band of Industrial land? Mr. Valder stated that it was and the wash would be on the front portion of the deep lots. Mr. Valder went on to explain that with a split zoned lot,the zoning regulations that would apply would be the more restrictive of the two, which in this case would be the C-2 PUD. Chairwoman Fraverd asked if the lot could be split. Mr. Valder answered that in Industrial zones, there is a required 150-foot street frontage. He added that he thought the applicant's intention was to take lots 2 and 3 and replat them into 3 lots. Chairwoman Fraverd asked if there could be an industrial building in 150-foot strip. Mr. Valder stated that it was possible, but improbable without access to public road. Commissioner Downes stated that the Commission had recommended denial on the General Plan Amendment, but that the Council and the people voted for it. He stated that he would like to ascertain that the people were going to get what they thought they voted for. He added that it would obviously be zoned commercial. Commissioner Downes asked if the effluent problem had been resolved and was told by Mr. Valder that it had been. Commissioner Downes asked if Laser Drive was being abandoned and why. Mr. Valder answered that the applicant had requested it in his preliminary plat application to provide more common area. Commissioner Downes asked where Tract B was located. Mr. Valder stated that the applicant would be putting a small drainage area in wash and that there was a stipulation that the drainage easement be shown as a separate parcel of land,Tract B. 2 Commissioner Downes stated that with the 150-foot strip off of Shea, it appeared as if the applicant was having his cake and eating it too. He stated that the applicant was avoiding needing a super majority of Town Council, but can still would be able to put Commercial uses in there. Commissioner Downes suggested that the 150-foot strip be rezoned to OSC and that landscaping is done along the Shea frontage. He asked if the rezoning would have to be readvertised if that change was made. Mr. Valder said that the Commission could make any recommendations they wanted,but that this hearing concerns the applicant's request only. He stated that the Commission could deny this application and then have the applicant change the zoning request. Mr. Valder pointed out that a 40 feet strip of right-of-way would be landscaped and a sidewalk added. He stated that the wash would be lined in rip-rap material with landscaping material on both sides. Commissioner Downes asked if the Town Manager and the applicant had prepared the proposed ordinance. Mr.Valder answered that he and the applicant had prepared it. Commissioner Downes stated that abandoned roads are usually split between property owners. Mr. Valder agreed that that is what usually happens, but in this case MCO has stated that they would be giving all of the right-of-way to the applicant. Commissioner Mooney asked if one of the uses allowed in the 150-foot strip of Ind-1 would be parking. Mr. Valder reiterated that in split zoned lots, the more intensive regulation would apply. Commissioner Mooney asked if the Ind-1 area would be limited to only parking and access. Mr. Valder stated that he could not answer that at this time,but didn't think it was the applicant's intention. • Commissioner Schlum asked if part of their recommendation should include the tax sharing proposal. Mr. Valder stated that the information had been included in Staff Report just to provide as much information as it could. He went on to say that the Commission wouldn't be making a recommendation on that issue. Commissioner Schlum stated that because of the zoning split, there would be about 75 feet deep of useable space on lots 3 & 4. Mr. Valder agreed and said that that was also true for lot 5 and that he expected that the sites would be planned accordingly. Commissioner Schlum asked if the parcel size of 36 acres included the 15 acres of non-disturbance area or if it were in addition to it. He also asked for an explanation of the 48 acres required for preservation that had not been provided. Mr. Valder explained that over 70% of 10-20 % slope were required to be preserved and if it were not available on-site, it would have to be transferred off-site. He stated that enough land would have to be set aside off-site to meet hillside preservation requirements. Chairwoman Fraverd asked if the parcel size of 36 acres included the 15 acres of non-disturbance area or if it were in addition to it. Commissioner Downes pointed out that there was a 16" waterline across lots 3, 4, and 5 within the 150-foot strip, so they wouldn't be able to put a building there. Ralph Pew, the applicant's attorney, respectfully asked for the Commission's support. He stated that the Staff Report was very thorough and that the design limitations would be imposed by the C-2 PUD zoning. He stated that the assurance was in Section 10 of the proposed ordinance that it will only be developed that way. He stated that on split zoned lots, C-2 would most restrictive and an Industrial use wouldn't be able to go in there. He added that as a profit motive, the applicant did not want to do that. Mr. Pew stated that the 150-foot wide strip of Industrial zoned land was left there because they had the right to do so. He stated that as long as the rezoning to Commercial land did not abut residential land, they would not need a super majority to get the zoning passed. He added that they were only doing what is allowed in the code under today's rules. With 3 J J J regard to the hillside ordinances, the applicant had 2 choices, either comply with the hillside preservation requirements in its entirety and provide off-site preserved land, or if the majority of the Town Council agrees, thew the applicant can propose an alternative method of calculating the preservation area. Mr. Pew stated that they were not trying to circumvent the ordinance, but that they were uncertain now which way hillside preservation will go. In regards to the tax sharing proposal he said that he had been discussing the possibilities with staff and Council members to help pay for off-site improvements. He stated that he had also held meetings with representatives of those residents in opposition to the project. Mr. Pew stated that the applicant was in agreement with the staff requirements on the Cut/Fill waiver. Trey Eakin,the applicant, stated that there were 36 acres of buildable area and 15 acres of preserved area. Commissioner Combs stated that originally this project was not competing with downtown area. He asked what would happen if Target was no longer in the picture. Mr. Pew suggested that the first sentence in Section 7 be deleted because the plan was controlled by Section 10. He stated that it was possible that a potential user might be a few square feet under the minimum specified in Section 7 and wouldn't be allowed to go in the center. He reiterated that Section 10 would be the assurance. Mr. Pew stated that the applicant had been dealing with Target to develop property. He added that the names that have been on the map were illustrative only. He went on to say that it was impossible to entice users with the zoning issue up in the air. He stated that they were not to the point of attracting national type users. He explained that potential users wouldn't waste time with the applicant until the zoning issue is settled. Commissioner Combs asked if they had a definite commitment from Target. Mr. Pew stated that they did. Commissioner Combs asked if a secondary user was also firm. Mr. Pew said that they didn't have one yet. Mr. Pew stated that there was no grass roots swelling of concern from the downtown businesses. He said there may be isolated concerns, but that projects, like the one proposed, stimulate growth. Commissioner Combs stated that the sales tax sharing proposal would be like taking out of pockets of established businesses. Mr. Pew stated that it was normal for this type of discussion to take place. Mr. Pew speculated that if Intel came to town and wanted to build in the same area, the same discussions would be taking place,because sales tax benefits the entire town. Commissioner Downes suggested that if Target closes, the site could be made into a flea market without a minimum size restriction. Mr. Pew explained that the specified square footages were too restrictive. He added that they would have one major anchor and one secondary anchor, but asked that they not get cut off if one or the other doesn't meet exact numbers. Commissioner Dragiewicz asked if the restricted square footage for the minor anchor was the problem. Mr. Pew answered that the minor anchors the biggest problem. Commissioner Dragiewicz suggested striking the second half of Section 7. Mr. Pew said that that would be better than it is now. Mr. Valder stated that he had picked the 60,000 square foot number, but that he should have picked something less than that, such as 50,000. Mr. Pew said that they would prefer no specific number. He said that he was not comfortable with 50,000 square feet. Mr. Eakin stated that they hope to have a grocery store, but that, grocery chains won't be interested in the center until after the rezoning is approved. He added that he could not offer a possible name of a chain at this time. Chairwoman Fraverd asked if anything other than the tax sharing proposal was outlined in the Development Agreement. 4 j Mr. Pew said that there was, but that he was not the attorney for the negotiations. He stated that Tom Art, the applicant's attorney; Bill Farrell, the Town's attorney; and Paul Nordin, the Town Manager were responsible for the negotiations. He added that the Development Agreement was not intended to cover the broad items that are addressed in the Zoning Ordinance. Chairwoman Fraverd asked if a financial gain for the Town in lieu of hillside preservation off-site had been considered. Mr. Pew said that that was one alternative being discussed. Commissioner Dragiewicz asked how much higher Shea Boulevard was than the parking lot below. Mr. Pew stated that he didn't remember the exact number, but that there was an obvious grade difference. He stated that the trajectory of the outbound headlights would not impact homes on the north side of Shea. Commissioner Dragiewicz asked where the monument signs were to be located. Mr. Eakin pointed out the locations on the site plan. Commissioner Dragiewicz asked if there was no off-site acreage proposed. Mr. Pew said that it was the 15 acres shown. He added that they had some other ideas,but that nothing was final. Commissioner Schlum asked if it was expected that a gas station would be one of the land uses. Mr. Pew answered that he would expect one at one of the entrances to the center. Commissioner Schlum asked what type of commitment the applicant had from Target. Mr. Pew said that they had a letter of intent. Commissioner Dragiewicz asked if the verbiage regarding the minor anchor was stricken, the center could still work. Mr. Valder suggested keeping the main anchor square foot minimum language, but taking out reference to the minor anchor. Commissioner Dragiewicz asked if the language on landscaping and signage was much different than the Town Center Commercial Zoning District. Mr.Valder stated that they were very compatible. Commissioner Downes asked if the 150-foot strip was rezoned to OSC, parking could be put in there. Mr. Valder explained that OSC is a radical preservation zone in which nothing can be in there or disturbed. He stated that perhaps the applicant would agree to an easement that restricts any structures, but allows parking. Mr. Valder added that he did not understand what benefit there would be from rezoning the Industrial 150-foot strip to OSC. He said that if the Commission wanted to keep the area clear, an easement should be used. Commissioner Downes stated that the 150-foot strip should be left clear of anything. Mr. Valder reminded the Commission that the language had been modified in OSR and OSC and that the property owner must request that zoning classification because of loss of economic use. He stated that the Council has prohibited itself from rezoning to those zones without the owners' request. Mr. Valder pointed out that OSC would be more restrictive of the two zones in a split-zoned lot and therefore,could be counter-productive to the applicant. Mark Van Boekel, 15440 Cabrillo Drive, said that he had seen some of the plans Trey had provided. He said that the applicant seems to be making effort in signage and landscaping, but that he still had a problem with the 33-acre shortage. He stated that the Town had been shorted in Firerock Country Club and now again was being asked for another gift. He stated that the project must be financially fragile if they were asking for a tax sharing agreement. He suggested that it be stipulated that there has to be a Target store or be willing to agree to a 100,000 square foot store of some kind. Mr. Van Boekel stated that the effluent problem has not really solved until we see it working. He stated that he did not like the 150-foot wide strip being there because something else could be built on it. He suggested saying "no"to other commercial projects that want tax share and added that the whole project needed more work. 5 Jack Fraser, 14956 Windyhill Road, said that anything that they do on this site would be asking too much. He asked if the citizens would have a say in the tax subsidy. Bob Slovan, 15196 Tumbleweed, stated that he was in favor of the project because it would diversify the tax base. He stated that the people have spoken and said that they want this project. Mr. Slovan stated that never before have tax dollars been used to build a project. He stated that when Safeway was developed, no tax dollars were given but when the road needed widening in front of Safeway tax money was used. He said that we either pay now or pay later. Bob Tripp, 16418 Tombstone, asked if the 150-foot wide strip was going to be a wash or a channel. He said that originally there were going to be 2 entrances,but now 6 were proposed. Jody Knapp, 17011 Monterey, said that she was not originally in favor of this project. She stated that what the people voted on is not what they are getting. She said it was ironic that there were 1,800 absentee votes on this project. She stated that Target would benefit from the Town's tax dollars. Ms. Knapp stated that certain commercial businesses were not going to go in this project, such as Albertson's, because Fry's was going on Shea to the west. Elaine Tarr, 16608 Trevino, said that the Town was not getting what was originally presented. She said that she was concerned about the 150 foot wide area that was zoned Industrial. She said she was thinking about the possibility of a referendum on the rezoning. Jane Bell,9655 Burkemo, said that she was in favor of everything that has been said. She stated that the Town has a Cut/Fill ordinance, but that the first time it is challenged, we change it again. She said that if it were considered a good project,businesses would be lined up to get into it. She added that the project has changed. Yetta Seidon stated that the General Plan Amendment was changed so we could have a Target and get the tax dollars. She said that she hope the project was not being impeded and that it was allowed to go forward as the people wanted. Bill McGivern, 16837 Monterey, stated that the effluent problem was not solved. He stated that one of the tenants is already gone. He explained that 125,000 square feet would cover the whole high school grounds. He went on to say that an applicant could do anything they wanted with the cut and fill and the hillside disturbance. He said that originally the 150-foot strip was going to be commercially zoned and wondered why it was now staying Industrial. He stated that now the applicant was asking that Laser Drive be abandoned. He added that no traffic study has been submitted yet, no off-site preservation area has been defined, and no tenants have been secured. He added that nothing was final on this project. Justin Henry, 16952 Lunar Lane, said that nothing about traffic had been discussed yet. He stated that nothing was going to get better at the intersection of Shea and Saguaro. He stated that he gets shook up when he hears Town officials say "we" when they talk about the project. He said the officials should be working for the people and not the developers. He stated that the voters included a large number of renters that could care less about what happens to the Town because of this project. Karen Huske, 16727 Briar Lane, said that the rezoning should have a contingency that requires a Target be the main anchor. She said she was concerned about the Shea frontage having a gas station constructed on it. She said that the Target could go in a C-1 zone, but that the applicant needed a C-2 for a gas station. She said that to spend tax dollars on the road was not a benefit to the residents across the road. She stated that she was angry by the way the applicant circumvented the super majority process and doesn't know why they are afraid. Lro Chairwoman Fraverd closed the public hearing at 8:33 p.m. 6 J AGENDA ITEM 5 - CONSIDERATION OF A RECOMMENDATION TO TOWN COUNCIL ON A PROPOSAL TO REZONE 28.6± ACRES OF LAND, LOCATED SOUTH OF SHEA BOULEVARD, WEST OF SAGUARO BOULEVARD, AND NORTH OF LASER DRIVE FROM THE "IND-1" TO THE"C-2 PUD"ZONING DISTRICT,CASE NUMBER Z99-24. Chairwoman Fraverd asked what the height of the project was. Mr. Eakin answered that it was 40 feet. Chairwoman Fraverd asked if they needed the C-2 zoning for the height and was told by Mr. Pew that it was for the height and for the allowed uses. Chairwoman Fraverd pointed out that there needed to be a clarification on what method of alternative calculation would be used to determine the amount of hillside to be preserved. Mr. Pew said that he understood and that in the absence of an alternative method, the Commission could make a recommendation that the applicant must comply with the current regulations. Chairwoman Fraverd pointed out that the applicant not only couldn't provide what was required, they also could not provide an alternative method for the Commission to consider. Mr. Pew agreed. Chairwoman Fraverd asked if a landscape plan had been submitted. Mr. Valder said that a conceptual one had. Chairwoman Fraverd asked about a traffic study submittal. Mr. Pew said that one had been submitted. He said that the project couldn't be built without the improvements required in the report. Commissioner Dragiewicz asked when the Commission might see the alternative method of calculating the required amount of hillside preservation. Mr. Pew said that it would be available prior to the Town Council meeting. He suggested that the Commission could stipulate that the applicant must comply with the current liw ordinances. Commissioner Downes pointed out that the Commission would need that information to make an educated recommendation to the Council. Mr. Pew stated that the applicant had chosen to draw the C-2 zoning line 150 feet from Shea and that they were not asking for Industrial zoning on that strip because it was already there. Chairwoman Fraverd asked what the applicant intended to do with the 150 foot wide strip. Mr. Pew said that the intention was for landscaping and parking. He said that if the Council approves the rezone, then they would have not problem with rezoning that strip to C-2. Commissioner Dragiewicz asked Mr. Pew if he was comfortable with a stipulation that only Target could be the major anchor. Mr. Pew stated that it was not a proper stipulation to require a specific store versus another. He said that you couldn't get tenants without the rezoning in place. Chairwoman Fraverd pointed out that taxation was based on square footage and if the second anchor square footage was changed, the sales tax would also change. Mr. Pew said that sales tax was based on use and square footage and that he just didn't want to be tied to a specific number. Chairwoman Fraverd asked if the proposed pads were included in the tax calculations. Mr. Eakin said that the Town had provided those number and he didn't know if they were included. 7 J J J Commissioner Mooney asked where traffic lights would be placed. Mr. Eakin said that they would be expanding the one at Saguaro Boulevard and a new one would be placed at Technology Drive. Commissioner Mooney said that originally two new lights were proposed and now one entrance would have a light and five would not. Commissioner Schlum asked how certain the applicant was that they would have a major anchor close to the 100,000 square foot minimum. Mr. Pew said that a Target would be approximately that size. He said that the areas drawn on the conceptual plan were not carved in stone, but were to help visualize the center and provide parking calculations. Chairwoman Fraverd stated that the landscaping, lighting and signage were good, but asked if the applicant would be willing to have the elevations comply with the TCC zoning district regulations. Mr. Pew said that he didn't know what there were, but guessed that they were not designed for a shopping center of this size and type. Chairwoman Fraverd asked if they would be willing to agree to architectural review. Mr. Pew said that he didn't think the Town had that type of board. Mr. Valder explained that Exhibit C to the rezoning ordinance would answer many of the questions and give the Town a chance to review the aesthetics. Mr. Pew stated that if there were a way to craft a stipulation saying that,he would be willing to work with it. Commissioner Combs asked when construction was expected to start. Mr. Eakin answered that the recharge facilities were expected to be finished in July and if they were, then construction would begin at the end of August or early September. Chairwoman Fraverd stated that there had been no guarantee from Sanitary District that the recharge station would be completed. Mr. Eakin stated that the effluent was a Town-wide problem and that no one had any guarantee. He said that the effluent lines were expected to be removed in April or May and the recharge facility finished in July. He added that if it were finished in July, the lines would be replaced and the project wouldn't go ahead. Commissioner Dragiewicz made a MOTION to continue this item until the next Commission meeting on February 24th and that the letter of intent from Target; the traffic study; where the required preserved hillside area will be located or what alternative method for preservation will be used; and the conceptual landscape plan be provided to the Commission. Commissioner Downes SECONDED and the motion CARRIED unanimously. AGENDA ITEM 6 . CONSIDERATION OF A RECOMMENDATION TO TOWN COUNCIL ON A REQUEST FOR A CUT/FILL WAIVER APPLICATION FOR THE PROJECT KNOWN AS THE SHEA RETAIL CENTER, A PROPOSED 36.42± ACRE DEVELOPMENT, LOCATED SOUTH OF SHEA BOULEVARD, WEST OF SAGUARO BOULEVARD, AND NORTH OF LASER DRIVE, CASE NUMBER CFW99-08. Commissioner Downes made a MOTION to continue this item until the next regularly scheduled Commission meeting on the 24th of February. Commissioner Mooney SECONDED and the motion CARRIED unanimously. AGENDA ITEM 7 - CONSIDERATION OF A RECOMMENDATION TO TOWN COUNCIL ON A PRELIMINARY PLAT FOR THE 9-LOT, 36.42± ACRE SHEA RETAIL CENTER, LOCATED SOUTH OF SHEA BOULEVARD, WEST OF SAGUARO BOULEVARD, AND NORTH OF LASER DRIVE,CASE NUMBER S99-040. Li Commissioner Dragiewicz made a MOTION to continue this item until the next regularly scheduled Commission meeting on the 24th of February. Commissioner Schlum SECONDED and the motion CARRIED unanimously. 8 I AGENDA ITEM 8 - CONSIDERATION OF A RECOMMENDATION TO TOWN COUNCIL ON A PROPOSED PRELIMINARY PLAT FOR THE 13.18± ACRE, 20-LOT, 2-TRACT FIREROCK COUNTRY CLUB PARCEL L-1, LOCATED IN THE FIREROCK COUNTRY CLUB SUBDIVISION SOUTH OF SHEA BOULEVARD, CASE NUMBER S99-043. Mr. Sverdrup presented the agenda item to the Commission. Chairwoman Fraverd asked if it had been determined that all lots were buildable and if all Firerock subdivisions were checked for that. Mr. Sverdrup said that it was the first thing they looked at and that the Engineering Department makes sure that all of the driveways can maintain a slope of 18% or less. Chairwoman Fraverd asked if there would be the necessity for golf ball fences in Firerock. Mr. Sverdrup answered that there was a special sensitivity to that issue and that Mr. Bielli and Mr. Kelly were working diligently to see that the fences wouldn't be needed. Commissioner Combs asked if there was a way to make the developer disclose that golf ball nets wouldn't be allowed even though golf balls may come their way. Mr. Sverdrup said he was not sure which way to handle it, but it would probably work best if it were in the CC&R's. He said that people would expect it to be their right to have the nets if they could get a Special Use Permit approved. Mr. Valder said that the time to take care of that issue is now. He said that ultimately the lot will be constructed and the Special Use Permit request could be made. He suggested a letter from the applicant putting a restriction on golf ball nets be provided. Mr. Valder also suggested that staff take a look at the lots themselves and also get something from the architect that offers assurances that there won't be a problem. He added that a lot shouldn't be approved if a variance would be needed in the future. • Commissioner Combs suggested continuing this item until a way is found to restrict the construction of golf ball fencing. Commissioner Mooney asked if the Commission was allowed to visit the CC&R's. Mr. Valder said that they probably would not be allowed. He stated that a map with topography would be needed and that all of the trees and homesites would be located to determine which homes would be in range. Mr. Valder said that it was hard to make a determination that a future property owner would never apply for a fence. He added that the applicant would be required to provide the information,but that staff would work with applicant. Commissioner Mooney made a MOTION to continue this item until the applicant provided that information. Commissioner Downes SECONDED and the motion CARRIED unanimously. AGENDA ITEM 9 - CONSIDERATION OF A RECOMMENDATION TO TOWN COUNCIL ON A PROPOSED PRELIMINARY PLAT FOR THE 4.68± ACRE, 6-LOT FIREROCK COUNTRY CLUB PARCEL L-2,LOCATED IN THE FIREROCK COUNTRY CLUB SUBDIVISION SOUTH OF SHEA BOULEVARD,CASE NUMBER S99-044. Mr. Sverdrup suggested a continuance on this item so that the homesites on the golf course could be reviewed. Commissioner Dragiewicz asked if anything could be done about the Firerock parcels already approved. Mr. Valder stated that they could look at one map that shows the entire course and do a quick overview of questionable parcels. L., Mr. Sverdrup stated that one or two of the parcels are fairly well nestled between other plats. 9 ►a Commissioner Schlum made a MOTION to continue this item until the next Commission meeting on February 24t. Commissioner Downes SECONDED and the motion CARRIED unanimously. AGENDA ITEM 10 - CONSIDERATION OF A RECOMMENDATION TO TOWN COUNCIL ON A PROPOSED PRELIMINARY PLAT FOR THE 14.30± ACRE, 10-LOT, 2-TRACT FIREROCK COUNTRY CLUB PARCEL L-3, LOCATED IN THE FIREROCK COUNTRY CLUB SUBDIVISION SOUTH OF SHEA BOULEVARD, CASE NUMBER S99-045. Commissioner Dragiewicz made a MOTION to continue this item until the next Commission meeting on February 24t. Commissioner Downes SECONDED and the motion CARRIED unanimously. AGENDA ITEM 11 - CALL TO THE PUBLIC. (PUBLIC COMMENT IS ENCOURAGED, BUT PLEASE BE ADVISED THAT THE COMMISSION HAS NO ABILITY TO RESPOND OR DISCUSS MATTERS BROUGHT UP DURING CALL TO THE PUBLIC AS SUCH DISCUSSION IS PROHIBITED BY THE ARIZONA OPEN MEETING LAW.) Bill McGivern told the Commission that they had done a good job. Jane Bell expressed her thanks and appreciation to the Commission. Commissioner Downes stated that the Council should have the approved Commission meeting minutes in their packets so that they could read what was discussed at the Commission's meeting on the same topic. He added that it might slow the approval process down somewhat,but that the Council would then be more informed. L AGENDA ITEM 12- ADJOURNMENT. Commissioner Dragiewicz made a MOTION to adjourn the meeting and Commissioner Downes SECONDED. The motion CARRIED unanimously. The meeting adjourned at 9:19 p.m. FOUNTAIN HILLS PLANNING AND ZONING COMMISSION BY: 4 4_ 47 t, l ATTEST: ( 4,C l Eeesa Fraverd, Chairperson Joan Blankenship,Planning TeOnician CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the meeting of the Fountain Hills Planning and Zoning Commission held on the 10th day of February 2000. I further certify that the meeting was duly called and that a quorum was present. Date this day of / 2000. ( //l f=-_Va76-6/L-6-(( JAL. Joan Blankenship,Planning Technician Lir 10 C j j TOWN OF FOUNTAIN HILLS MINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION FEBRUARY 24,2000 A public meeting of the Fountain Hills Planning and Zoning Commission was convened and called to order by Chairwoman Leesa Fraverd at 6:30 p.m. February 24, 2000, in the Town Hall Council Chambers located at 16834 E. Palisades Boulevard,Building B,Fountain Hills,Arizona. AGENDA ITEM 1 - CALL TO ORDER, PLEDGE TO THE FLAG, MOMENT OF SILENT REFLECTION,AND ROLL CALL. Chairwoman Fraverd called the meeting to order at 6:30 p.m. After the pledge to the flag, Chairwoman Fraverd called for a moment of silence. Present for the meeting were Chairwoman Leesa Fraverd and Commissioners Judy Dragiewicz,Michael Downes,Rod Mooney, and Jay Schlum. Also present was Community Development Director,Jeff Valder; Senior Planner,Geir Sverdrup; Planner,Dana Burkhardt; and Planning Technician,Joan Blankenship. Vice-Chairman Howes and Commissioner Combs had excused absences. AGENDA ITEM 2- CONSIDERATION OF COMMISSION MEETING MINUTES: FEBRUARY 10,2000 . Commissioner Dragiewicz stated that on Page 8, her motion for a continuance of the rezoning should have included a stipulation that the method used for hillside calculations be presented to the Commission. Commissioner Mooney made a MOTION to approve the minutes as corrected. Commissioner Downes SECONDED and the motion CARRIED unanimously. AGENDA ITEM 3 - CONSIDERATION OF A RECOMMENDATION TO THE TOWN COUNCIL ON A REQUEST FOR A SPECIAL USE PERMIT FOR A TELECOMMUNICATIONS FACILITY PROPOSED TO BE LOCATED AT 15944 E. ROCKY MOUNTAIN PLACE ON AN EXTENDED CHIMNEY LOCATED ON THE EXISTING HOME, CASE NUMBER SU99-09 (CONTINUED FROM THE FEBRUARY 10,2000,COMMISSION MEETING). Mr. Sverdrup explained to the Commissioner that the applicant had requested an indefinite continuance. Commissioner Downes made a MOTION to continue this item indefinitely. Commissioner Mooney SECONDED and the motion CARRIED unanimously. AGENDA ITEM 4 - CONSIDERATION OF A RECOMMENDATION TO TOWN COUNCIL ON A PROPOSAL TO REZONE 28.6± ACRES OF LAND, LOCATED SOUTH OF SHEA BOULEVARD, WEST OF SAGUARO BOULEVARD, AND NORTH OF LASER DRIVE FROM THE "IND-1" TO THE "C-2 PUD" ZONING DISTRICT, CASE NUMBER Z99-24 (CONTINUED FROM THE FEBRUARY 10,2000,COMMISSION MEETING). Mr. Valder presented the agenda item to the Commission. He explained the attached alternative method of hillside preservation. He stated that he had received a new slope analysis for the developable portion of the itimy lots. He stated that the totals were not the same as what was required. He stated that the methodology had been modified. He stated that the first analysis was done with 1-foot intervals and that the newest one was done with 5-foot intervals. He added that the newest slope analysis was not stamped by an engineer, but that the first one had been. 1 J Commissioner Downes stated that the hillside preservation ordinance had been defined fairly recently. Mr. Valder agreed saying that Council had approved it on October 21, 1999 and that that amendment had several components. He stated that one of the components allowed Council to approve alternative methods for calculating how hillside areas would be preserved. Commissioner Downes asked what the difference was between the two analyses. Mr. Valder stated that the newest one include the abandonment of Laser Drive and the widening of the Technology Drive right-of-way. He added that the October 21, 1999, amendment exempted rights-of-way from the hillside calculation procedure. Mr. Valder went on to explain that the using of 1-foot or 5-foot intervals should result in the same hillside preservation result. He stated that the amount of the shortage of preserved area went from 36± acres to 23± acres. Mr. Valder added that he had used the applicant's acreage figures when making his chart. Chairwoman Fraverd asked if the applicant had supplied the requested information on the landscaping or the letter of intent. Mr. Valder said that neither had been supplied. Jim Leubner, Engineering Department, explained the summary sheet that had been provided to the Commission (attached). Commissioner Schlum asked about having 3 lanes each way on Saguaro. Mr. Leubner answered that he was not sure when that would happen and it had not been addressed in the most recent traffic report. Commissioner Schlum asked if there was any consideration for noise abatement with the expansion of Shea Boulevard. Mr. Leubner stated that the project would only be required to provide a landscaped median and improve Shea Boulevard on the south side. Commissioner Schlum asked if the Town had plans to widen the north side of Shea as well due to the increase of traffic expected with the new project. Mr. Leubner said he did not know. Commissioner Downes asked if the Town had any objections to the abandonment of Laser Drive. Mr. Leubner said that, based on the analysis of both traffic engineers,the Town had no problem. Commissioner Downes asked if anyone had talked to the owner(s) of the building(s) on Laser Drive. Mr. Valder stated that those wanting to access those buildings on Laser would have to take access off of Shea on Technology to the portion of Laser Drive that is not abandoned. He went on to say that one of the stipulations of this rezoning was that Technology would be closed at Saguaro Drive so that all traffic would come off of Shea. He stated that the local residents have insisted on the closure of Technology Drive at Saguaro Boulevard. Chairwoman Fraverd asked Mr. Leubner about the required Phase I Environmental Report. Mr. Leubner answered that on large projects, both the Community Development Department and the Engineering Department require it. Chairwoman Fraverd asked about the Corp of Engineers permit requirement. Mr. Leubner explained that without it,there would be no rechanneling of Cereus Wash. Ralph Pew, representing the Barclay Group, stated that he concurred with the Engineering Department's comments and agreed with all of the requirements. Mr. Pew read a letter from Target people that said that they intended to part be of the proposed center and that they would accept phone calls from any Commissioner or Councilman that wanted to speak with them directly. Mr. Pew stated that what they had provided to Mr. Valder was their request for a modified methodology. He stated that the Commission could either recommend to the Council that they must comply with the current 2 J J standards or accept the alternative methodology and recommend that to the Council. Mr. Pew urged the Commission to make their recommendation. Mr. Pew stated that they would be willing to stipulate that nothing but parking, drainage, and landscaping be allowed within the 150-foot wide strip. Mr. Pew stated that, while he appreciated the Commission's concern, the tax issue was beyond the jurisdiction of the Commission and was up to the Council to decide. Mr. Pew, once again, urged the Commission to vote on all three agenda items. Commissioner Dragiewicz pointed out that the Barclay Group was still coming up short in the number of acres to be preserved. Mr. Pew explained that the acreage proposed to Mr. Valder were derived from the modified formula. Commissioner Dragiewicz asked about the Corp of Engineers permit. Mr. Pew stated that it had been applied for and a response was expected in a few weeks. He added that they had to have the permit or they couldn't move the wash. Commissioner Downes also asked how the number of acres to be preserved was derived. Mr. Pew answered that they had backed into them. Commissioner Downes noted that the language on the referendum was loosely worded. He said that it did state that 39 acres were to be rezoned, but that the applicant was only requesting a rezoning for 29 acres. He went on to say that the Town would also be giving up 1.2 acres of land due to the abandonment of Laser Drive. He stated that the referendum didn't mention a gas station or fast food restaurant either. He said that he was bothered by the hillside preservation calculations provided. He stated that he thought an alternative method of calculating would have been provided. Mr. Pew stated that the Town had approved a General Plan Amendment, not a rezoning. He said that they were doing exactly what they had intended. He stated that if the ordinance didn't allow an alternative method, they wouldn't have presented it. He added that there ought to be some flexibility for a large commercial project. He stated that if the Commission didn't like the proposal, they could recommend that the applicant comply with the current standards. Commissioner Dragiewicz asked Mr. Pew if a gas station was necessary and what size it would be. Mr. Pew said that it was necessary, but that he didn't know what size would be going in there. Commissioner Dragiewicz asked if they would be willing to strike gas stations from the list of approved uses. Mr. Pew said they would not strike it from the list, but would stipulate the location. Commissioner Dragiewicz asked about a car wash being on the list of approved uses. Mr. Pew said that the kind of car washes they had in mind were those that were attendant to auto related facilities. Commissioner Schlum said that he would like to add there no freestanding car washes be allowed. He said he did not like the idea of a gas station because of the noise and lights,especially on Lot 1. Commissioner Schlum asked how the 15± acres of land to set aside was determined. Trey Eakin, Barclay Group, stated that all MCO had left to sell them was 15.9 acres, otherwise they would have purchased more. Mr. Pew said that he would be willing to stipulation no freestanding car washes would be allowed. Commissioner Schlum reiterated that he did not want to see a gas station on Lot 1. Commissioner Downes stated that during the course of the referendum, he didn't hear any discussion on the Town participating in off-site improvements. He stated that if it had been part of the original vote, the results might have different. Commissioner Downes went on to say that he would rather see a gas station on Lot 3 3 than Lot 1 because there would be so much traffic near Lot 3. Commissioner Downes suggested that instead of lotting out the perimeter of the retail center,those lots be used toward hillside preservation. Chairwoman Fraverd pointed out that they were still 23± acres short on hillside preservation. Mr. Pew stated that if the Town Council agrees that they must go with the current standards,the project won't happen. Chairwoman Fraverd asked if the applicant was willing to agree to maintain the downtown guidelines. Mr. Pew said that he would agree to reasonable guidelines, but that he hadn't read those for the downtown area yet. Mr. Pew asked how the downtown guidelines would be enforced. Mr. Valder stated that as the PUD was written, the Town would get conceptual elevations showing colors, materials, roofing, and use. He stated that the landscaping would also be reviewed and that during the building permit stage, the plans examiner would look to see what was approved with the rezoning and PUD. Mr. Pew said that they would be willing to work on incorporating the guidelines beforehand, but not afterwards. Chairwoman Fraverd asked if the applicant was agreeable to stipulating a minimum square footage for a grocery store. Mr. Pew said that they couldn't give a size. He added that he thought the community was more interested in quality and who,than size. He said that he didn't know who or the size at this time. Commissioner Schlum stated that the applicant had gotten around needing a super-majority with the 150 foot split zoning strip, but that maybe parking shouldn't even go in there. Mr. Pew reminded the Commission that even if they didn't rezone, an industrial use with parking, lights, and worse could go in. He added that by having a split zoned lot,they had to go with the more intensive use of C-2. Commissioner Dragiewicz asked Mr. Leubner if he was comfortable with the layout of the project. Mr. Leubner answered that as revised, he is comfortable with all entrances as shown, with the exception of Saguaro Boulevard. He said he would like to hear from the Town's traffic consultant first on that one. Commissioner Mooney said that he would still not recommend approval at this time and suggested a continuance to give the Commission a chance to digest the recent information. Commissioner Downes said that he kept going back to the referendum vote. He stated that, at this point, the developer has changed what was before the people the first time. He stated that he had offered alternative suggestions to the developer, but they had been refused. He stated that no alternative method had been given. He added that the split zoning proposal was politically motivated. He stated that he would like to see the entire parcel rezoned as stated in the referendum. He stated that the Town should benefit by the abandonment of Laser Drive. Commissioner Dragiewicz said that she would like the Engineering Department to see the items they required before making a recommendation. She also said that she thought the applicant should take a look at the TCC Zoning District regulations. Commissioner Schlum pointed out that nothing much changed since the last meeting and that he suspected that nothing more would change if the rezoning were continued. Chairwoman Fraverd said that she would like to take a better look at the hillside figures. She stated that the October amendment opened up the method of calculation to everything and anything. She stated that the applicant had done a good job on the landscaping plan, but more work was needed on the traffic and engineering reports. She stated that she would be calling about the letter of intent. Chairwoman Fraverd stated that she wanted the applicant to review the TCC Zoning District. She said that she had heard a number of comments about the gas station and the possibility of making it C-1. 4 Pamela Curtis, 16517 Trevino, said that there would be a big traffic impact on the homes on the north side of Shea Boulevard. She asked who would work at the fast food places. She urged the Commission to think about the residents on the north side of Shea. Faith DeLue, 16515 Greystone, said that the buyers of lots on the north side of Shea had a responsibility to investigate and find out that the area across Shea was going to be either Industrially or Commercially zoned. She said that Planning and Zoning would make sure it's a good project. She stated that she wanted the Target in Fountain Hills. Larry Myers, Nelson Drive, said that he agreed with Commissioner Downes about nothing being the same as the referendum vote. He stated that this project would be detrimental to the residents. Justin Henry, 16852 Lunar Lane, said that the area was never meant to be commercial and that it was intended to be more like Scottsdale Airpark. He stated that he had bought in the area because it was zoned for light industrial, not a commercial shopping mall. Yetta Seidon, 16828 Powderhorn, stated that the Barclay Group was trying to satisfy concerns. She said that some discussions were not part of the Commission's responsibility. She stated that the project would allow the Town to balance the wants and needs with the increase in tax dollars. She added that the Commission won't be able to decide everything, but urged that they pass on a recommendation to the next level. Jane Bell, 9695 Burkemo, suggested that the Commission consider C-1 zoning for the site. She suggested that the 150-foot strip be scrapped. Ms. Bell asked that the Commission allow the rezoning to proceed through the process,but added that no money should come from the Town. Gerry Jaffe, Sparrow Avenue, asked the Commission to approve the project. He said that he was part owner of the Arizona One building and that they had to modify their design to comply with the downtown guidelines. Bill Payton, Emerald Drive, urged the Commission to make a decision. He stated that there was no point in delaying a decision. He added that staff would look out for the people and the community. Mr. Pew, with regard to the referendum issue, said that he remembered something in the paper about the Development Agreement that would include a refund or reimbursement of tax money. He stated that the referendum was to challenge the General Plan Amendment and that the Development Agreement was not part of that vote. He said that the discussion of the Town's involvement was still in its infancy at the time of the vote. He asked the Commission to consider if the project merited the support of the rezone. He added that the largest majority vote precinct for the project was where this site is proposed. He said that there were a few clean-up items that would be provided before the final plat. He said that the public would have another shot to refer the rezoning if the Council approved it. He asked that the rezoning be moved along so that the probable referendum could get on the fall ballot. Mr. Leubner stated that he did the first review in December 1999 and that he would like to see certain things provided before the Commission's recommendation went to the Council. Commissioner Mooney made a MOTION to continue this item until the Commission's March 9, 2000, Commission meeting. Commissioner Dragiewicz SECONDED and the motion CARRIED by a vote of 3 "ayes"to 2"nays"made by Commissioners Schlum and Downes. L 5 j AGENDA ITEM 5 - CONSIDERATION OF A RECOMMENDATION TO TOWN COUNCIL ON A REQUEST FOR A CUT/FILL WAIVER APPLICATION FOR THE PROJECT KNOWN AS THE 460, SHEA RETAIL CENTER, A PROPOSED 36.42± ACRE DEVELOPMENT, LOCATED SOUTH OF SHEA BOULEVARD, WEST OF SAGUARO BOULEVARD, AND NORTH OF LASER DRIVE, CASE NUMBER CFW99-08 (CONTINUED FROM THE FEBRUARY 10, 2000 COMMISSION MEETING). Commissioner Dragiewicz made a MOTION to continue this item until the Commission's March 9, 2000, meeting. Commissioner Mooney SECONDED and the motion CARRIED by a vote of 4 "ayes" to 1 "nay" made by Commissioner Downes. AGENDA ITEM 6 - CONSIDERATION OF A RECOMMENDATION TO TOWN COUNCIL ON A PRELIMINARY PLAT FOR THE 9-LOT, 36.42± ACRE SHEA RETAIL CENTER, LOCATED SOUTH OF SHEA BOULEVARD, WEST OF SAGUARO BOULEVARD, AND NORTH OF LASER DRIVE, CASE NUMBER S99-040 (CONTINUED FROM THE FEBRUARY 10, 2000 COMMISSION MEETING). Commissioner Mooney made a MOTION to continue this item until the next Commission meeting on March 9,2000. Commissioner Dragiewicz SECONDED and the motion CARRIED by a vote of 3 "ayes"to 2 "nays" made by Commissioners Schlum and Downes. AGENDA ITEM 7 - CONSIDERATION OF A RECOMMENDATION TO TOWN COUNCIL ON A PROPOSED PRELIMINARY PLAT FOR THE 13.18± ACRE, 20-LOT, 2-TRACT FIREROCK COUNTRY CLUB PARCEL L-1, LOCATED IN THE FIREROCK COUNTRY CLUB SUBDIVISION SOUTH OF SHEA BOULEVARD, CASE NUMBER S99-043 (CONTINUED FROM THE FEBRUARY 10,2000 COMMISSION MEETING). Mr. Sverdrup presented the agenda item to the Commission. Chairwoman Fraverd asked if Mr. Sverdrup had looked at the location of the tee boxes. Mr. Sverdrup stated that the tee boxes were much lower than the lots and that a golfer would have to have a really bad shot to impact the lots. He stated that the developer did not want to restrict golf ball net construction in the subdivision because they might somehow be necessary in the future. Commissioner Downes asked if the exclusion of golf ball nets could be added to the C C &R's. Mr. Sverdrup stated that the developer was not willing to do so. He added that 80% of the subdivisions already had existing C C&R's. Commissioner Dragiewicz made a MOTION to recommend to the Town Council approval of the preliminary plat. Commissioner Mooney SECONDED and the motion CARRIED unanimously. AGENDA ITEM 8 - CONSIDERATION OF A RECOMMENDATION TO TOWN COUNCIL ON A PROPOSED PRELIMINARY PLAT FOR THE 4.68± ACRE, 6-LOT FIREROCK COUNTRY CLUB PARCEL L-2,LOCATED IN THE FIREROCK COUNTRY CLUB SUBDIVISION SOUTH OF SHEA BOULEVARD, CASE NUMBER S99-044 (CONTINUED FROM THE FEBRUARY 10, 2000, COMMISSION MEETING). coir Mr. Sverdrup presented the agenda item to the Commission. 6 j Commissioner Downes made a MOTION to recommend to the Town Council approval of the preliminary plat. Commissioner Mooney SECONDED and the motion CARRIED unanimously. L AGENDA ITEM 9 - CONSIDERATION OF A RECOMMENDATION TO TOWN COUNCIL ON A PROPOSED PRELIMINARY PLAT FOR THE 14.30± ACRE, 10-LOT, 2-TRACT FIREROCK COUNTRY CLUB PARCEL L-3, LOCATED IN THE FIREROCK COUNTRY CLUB SUBDIVISION SOUTH OF SHEA BOULEVARD, CASE NUMBER S99-045 (CONTINUED FROM THE FEBRUARY 10,2000,COMMISSION MEETING). Mr. Sverdrup presented the agenda item to the Commission. Commissioner Downes made a MOTION to recommend to the Town Council approval of the preliminary plat. Commissioner Mooney SECONDED and the motion CARRIED unanimously. AGENDA ITEM 10 - PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY ON AN APPLICATION TO REZONE APPROXIMATELY 1,002 SQUARE FEET OF TRACT "B" OF PARCEL "L" AT SUNRIDGE CANYON FROM THE "OSR" (OPEN SPACE RECREATIONAL) TO THE"R1-6A"(SINGLE-FAMILY) ZONING DISTRICT,CASE NUMBER Z2000-04. Chairwoman Fraverd opened the public hearing at 8:18 p.m. Mr. Burkhardt presented the agenda item to the Commission. Josh Carothers, Sunridge Canyon, explained that a mistake was made in the field and the view fencing was . placed on top of the outer retaining wall and that no additional area was being disturbed. Mr. Valder asked why the view fence was not just moved in to the property line. Mr. Carothers explained that they were supposed to jog the wall to provide articulation in the wall. He added that since the fence was already installed, the simplest solution was to rezone the additional area. Mr. Valder stated that the reason for stepping the retaining walls and view fencing was so that there would be no more than 6 feet of retaining wall. He stated that in this case, there would be a 5-foot retaining wall with 18 inches of masonry and 54 inches of view fence on top of it, which exceeded the maximum for a solid wall. Chairwoman Fraverd closed the public hearing at 8:27 p.m. AGENDA ITEM 11 - CONSIDERATION OF A RECOMMENDATION TO TOWN COUNCIL ON AN APPLICATION TO REZONE APPROXIMATELY 1,002 SQUARE FEET OF TRACT "B" OF PARCEL "L" AT SUNRIDGE CANYON FROM THE "OSR" (OPEN SPACE RECREATIONAL) TO THE"R1-6A"(SINGLE-FAMILY) ZONING DISTRICT, CASE NUMBER Z2000-04. Commissioner Downes asked if the building officials checked the location of the footings. Mr. Valder said that he would have to check to see what was approved. Commissioner Mooney said that the wall location seemed to be an honest mistake and the proposed rezoning seemed to be a reasonable solution. Mr. Carothers stated that additional landscaping could be provided, such as trees, to mitigate the height of the wall. Commissioner Schlum made a MOTION to recommend to the Town Council approval of the rezoning, along with a stipulation that additional landscaping approved by the Community Development Director, be placed in the tract along the existing retaining wall. Commissioner Downes SECONDED and the motion CARRIED unanimously. 7 AGENDA ITEM 12 - CONSIDERATION OF A RECOMMENDATION TO TOWN COUNCIL ON THE PRELIMINARY PLAT FOR THE PROPOSED REPLAT OF LOTS 16 — 18 AND TRACT "B" OF THE SUNRIDGE CANYON PARCEL"L"SUBDIVISION, CASE NUMBER S99-051. Mr. Burkhardt presented the agenda item to the Commission. Commissioner Dragiewicz made a MOTION to recommend to the Town Council approval of the preliminary plat. Commissioner Downes SECONDED and the motion CARRIED unanimously. AGENDA ITEM 13 - CONSIDERATION OF A RECOMMENDATION TO TOWN COUNCIL ON A PROPOSED CUT/FILL WAIVER APPLICATION FOR THE FIREROCK COUNTRY CLUB PARCEL K SUBDIVISION, LOCATED IN THE FIREROCK COUNTRY CLUB SUBDIVISION SOUTH OF SHEA BOULEVARD, CASE NUMBER CFW2000-02. Mr. Sverdrup presented the agenda item to the Commission. Commissioner Dragiewicz made a MOTION to recommend to the Town Council approval of the cut/fill waiver, including all the stipulations and additional stipulations that a buildability concept plan for lots 5, 6, 7, and 9 be presented and that there be confirmation of road grade compliance. Commissioner Downes SECONDED and the motion CARRIED unanimously. AGENDA ITEM 14 - CONSIDERATION OF A RECOMMENDATION TO TOWN COUNCIL ON A PROPOSED PRELIMINARY PLAT FOR THE 22.30± ACRE, 14-LOT, 2-TRACT FIREROCK COUNTRY CLUB PARCEL K, LOCATED IN THE FIREROCK COUNTRY CLUB SUBDIVISION SOUTH OF SHEA BOULEVARD, CASE NUMBER S99-042. Mr. Sverdrup presented the agenda item to the Commission. Commissioner Downes made a MOTION to recommend to the Town Council approval of the preliminary plat including all the stipulations, including a stipulation that a buildability concept plan for lots 5, 6, 7, and 9 be presented and that there be confirmation of road grade compliance. Commissioner Mooney SECONDED and the motion CARRIED unanimously. AGENDA ITEM 15 - CONSIDERATION OF INITIATING A TEXT AMENDMENT TO THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS THAT WOULD REQUIRE PLANNING AND ZONING COMMISSION REVIEW AND APPROVAL OF ALL PROPOSED NON- RESIDENTIAL DEVELOPMENTS AND MULTI-FAMILY DEVELOPMENTS HAVING 5 OR MORE UNITS PRIOR TO THE ISSUANCE OF A BUILDING PERMIT. Mr. Valder presented the agenda item to the Commission. Commissioner Downes stated that the Commission should have the authority to overview plans and have the opportunity to present a possible better solution. He said that the Commission has no chance of input on larger developments,but should. Mr. Valder added that the Commission should have everything that staff review when looking at a building permit. Commissioner Downes stated that they would actually just need a conceptual plan and not all the details. 8 v.) J Mr. Valder said that it would depend on what a developer wanted to do. He said that they could provide conceptual plans, but not technical building plans. Mr. Valder went on to say that if a site plan was provided, staff still couldn't say "no" to pink polka dots. He went on to say that the Commission might be able to have a conversation with the applicant that would encourage them not to have pink polka dots. He added that that this amendment would close the loophole of building apartments and then condominiumizing them without the Commission ever seeing the initial plan. He stated that this would add another step to the process. Commissioner Dragiewicz asked how much time would be added to the process. Mr. Valder stated that the Commission could review the conceptual plans concurrently with the building department review. Commissioner Mooney pointed out that the terminology provided in the amendments refers to the section of the Zoning Ordinance for a site plan,not a concept plan. Mr. Valder said that if the amendment were not made specific, the Town would get open-ended site plans submitted. He said that he did not want staff or the Commission to be in a position of reviewing plans that were out of scale or unprofessional. Commissioner Mooney questioned whether the Commission was equipped to take a 20-item list and make it fit a concept plan. Mr. Valder stated that he could revise the list and present it at the public hearing. Commissioner Mooney asked if there would need to be a Commission review of industrial projects and was told by Mr. Valder that the Commission would see conceptual plans. Commissioner Mooney stated that he was uncomfortable with the amendment because of the degree of technical responsibility it required. Chairwoman Fraverd pointed out that industrial plans already come before the Commission for review and added that the Commission would just get more commercial and multi-family projects to review. Mr. Valder warned the Commission that it would take more of staffs time to bring all of the projects to the Commission. He suggested limiting the Commission's review to habitable structures. Commissioner Mooney asked if the Commission would be recommending to the Council. Mr. Valder answered that the Council had no interest in reviewing all of them,but was the avenue for appeals. Commissioner Downes made a MOTION to initiate the amendment with a modified list of requirements. Commissioner Dragiewicz SECONDED and the motion CARRIED unanimously. AGENDA ITEM 16 - CONSIDERATION OF AN AMENDMENT TO THE SUBDIVISION ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO PROVIDE REGULATIONS FOR MINIMUM LOT WIDTH AND LOT SIZE REQUIREMENTS FOR PROPOSED LOTS TO ASSURE COMPATIBILITY WITH SURROUNDING PLATTED PROPERTY. Mr. Valder presented the agenda item to the Commission. Commissioner Downes added that the criteria for a lot split were that the resulting lots would have to fit into the surrounding lot sizes. Commissioner Dragiewicz agreed that this amendment would be a solution for the lot split issue. Commissioner Schlum asked the proposed amendment would pertain to all single-family, multi-family and commercial lots. Mr. Valder said that it would. Commissioner Mooney asked where the 800-foot boundary originated. Mr. Valder explained that in larger zoning districts any further than 800 feet probably wouldn't be impacted. 9 J Commissioner Mooney asked about the legality of the proposed amendment. Mr. Valder explained that once it become effective, unless it is successfully challenged in court, the ordinance would stand. He stated that he provided a copy of the proposed amendment to the Town Attorney. Commissioner Schlum said he was in favor of the proposed amendment for single-family zoning districts, but wasn't sure about multi-family and commercial. Commissioner Downes said that the original intent was that the amendment be for single-family zoning districts only. Commissioner Dragiewicz made a MOTION to recommend to the Town Council approval of the amendment for single-family zoning districts only. Commissioner Mooney SECONDED and the motion CARRIED unanimously. AGENDA ITEM 17 - CALL TO THE PUBLIC. (PUBLIC COMMENT IS ENCOURAGED, BUT PLEASE BE ADVISED THAT THE COMMISSION HAS NO ABILITY TO RESPOND OR DISCUSS MATTERS BROUGHT UP DURING CALL TO THE PUBLIC AS SUCH DISCUSSION IS PROHIBITED BY THE ARIZONA OPEN MEETING LAW.) Mrs. Bell, stated that, with regard to the proposed Shea Retail Center,the east bound stack lane for a south turn onto Saguaro Boulevard should be long enough that stacked traffic does not back up into Shea through traffic. She also pointed out that there would be a bottleneck between lots 3 and 4 where the lanes of traffic get narrower. AGENDA ITEM 18-ADJOURNMENT. Commissioner Mooney made a MOTION to adjourn the meeting. Commissioner Downes SECONDED and the motion CARRIED unanimously. The meeting adjourned at 9:30 p.m. FOUNTAIN HILLS PLANNING AND ZONING COMMISSION BY:' - 6-' -t ATTEST: , /61LK(C,47(k esa Fraverd, Chairperson Joan Blankenship, Planning Technician CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the meeting of the Fountain Hills Planning and Zoning Commission held on the 24th day of February 2000. I further certify that the meeting was duly called and that a quorum was present. Date this ' ' day of /, c'(..` /( 2000. C / )-)7(.1£c cZ( c ( Joan Blankenship, Planning Technician Low 10 Feb-23-O0 12 :09P P. 02 Law Officer of WILLIAM E. FARRELL, P.LLC ta3 :1a.A k«.. iar.4wk OF)Ni 4434 Wi1�a 11 hre011 5wa 220 10 5ON Vn lade koeaaNt.moms 113nn11-5313 MEMORANDUM TO: Jeff Valder Cehr Sverdrup FROM: William E. Farree) Town Attorney DATE: February 23, 2000 RE: Telecommunication Issues You have asked this office for some assistance in the area of discussion of environmental concerns as they relate to wireless facilities sitings. I am attaching to this memorandum a copy of pages 858 and 859 of the current issue of The Urban Lawyer. The Urban Lawyer is a publication of the American Bar Association, specifically dedicated to state and local government law. I am also attaching copies of a portion of 47 U.S.C. § 322, specifically § 7, which deals with the preservation of local zoning authority. 47 U.S.C. § 322 is the Telecommunications Act of 1996. You will note that there are several cases referred to on page 859 of the article,and I am downloading copies of those cases for our review. There is also a website mentioned in footnote 73 on page 859 which may also provide you with some information. As you can sec from the last paragraph in The Urban Lawyer article, there is a split of authority regarding whether or not a denial of a permit for a facility based on environmental issues would be supported by the courts. I would certainly caution against a denial based on totally unsupported testimony from the public about the health hazard issues. Conversely,it would seem very appropriate to obtain some kind of certification from an applicant that, if a permit was granted for a facility, the facility could certify compliance with FCC requirements. I will conclude by saying that this is clearly an evolving issue and one in which a good deal oflitigation will continue to be filed and,as that occurs,our understanding of how the courts will interpret this section of the federal law will increase. I apologize for the depth of the material that we arc asking you to absorb in a fairly short period of time,and if I can provide any further information on this issue, please do not hesitate to call me. William E. Farrell Town Attorney WEF:pf j Feb-23-00 12: 10P P.03 • 858 THE URBAN LAWYER VoL. 31, No. 4 FALL 1999 I substantial evidence.00 Finally, subsequent decisions have continued to t stress that "state zoning law directly informs [the) court's determination • 1 as to whether the Board based its decision on substantial evidence."67 The one exception is from the Eastern District of Louisiana. There, t in Bellsouth Mobility, Inc. v. Parish of Fla uemines,"the court that the citizen opposition amounted to more than "mere ound , generalized , or caustic `not-in-my-backyard' complaints," and therefore constituted substantial evidence to support the parish's denial of the application." The court seemed convinced by what it felt was the applicant's failure to respond to any of the concerns raised by the citizens.70 6,..k __, D. Environmental Effects: Section 70 • 1 4 Provides That Governing Bodies Shall Not Regulate on the Basis of Environmental Effects of Radio Frequency Emissions to the Extent That Such Facilities Comply with FCC Requirements" Some special interest groups and community activists continue to ex- press concern about health risks associated with wireless facilities and have focused on the standard adopted by the FCC. A year after enact- 411 ment of the TCA, the FCC amended its standard for acceptable levels of radio-frequency emissions by releasing the Second Memorandum Opinion and Order and Notice of Proposed Rulemaking ("Second MO&O) in August 1997.72 As part of the Second MO&O, the FCC adopted regulations for ra- dio-frequency field strength and power density based on the recom- • mendations contained in the NCR1' Rep. No. 86 and ANSI/IEEE C95:1-1992. Before adopting the revised standard, the FCC collabo- rated with the Environmental Protection Agency, the Food and Drug Administration, the National Institute of Occupational Safety and . Health, and the Occupational Safety and Health Administration, all of which expressed support for the final FCC standard. Nevertheless, the FCC admitted that ongoing research in a number of areas may "ulti- mately result in changes in the fundamental understandings" on which • 66. Cellular Tel. Co. v. Town of Oyster Bay, 166 F.3d 490 (2d Cir. 1999). 67. Cellular Tel. Co., 24 F. Supp. 2d at 366. 68. 40 F. Supp. 2d 372 (E.D. La. 1999). 69. Id at 379. • 70. Id 71. 47 U.S.C. § 332(c)(7)(B)(iv)(1999). d Second Memorandum Opinion and Order and Notice of Proposed Rule Making,i }CC 97-303.WT Docket No.97-192,RM-8577(August 25, 1997) 12 FCC Rcd 13494 (1997),Jt.App. 2218. Feb-23-00 12: 10P -- P. 04 LAND USE, PLANNING AND ZONING LAW 859 the standard is based, thereby allowing the possibility of future evo- lution of the standard. The Cellular Phone Task Force, a group opposed to the radio fre- quency standard adopted by the FCC in the Second MO&O, has ap- pealed to the Second Circuit claiming that the FCC failed to follow expert advice, failed to address potential overexposure of nearby build- ings from horizontal or angular radiation, and did not address cumu- • lative exposure from multiple transmitters. The Cellular Telecommu- nications Industry Association (CTIA) and AT&T Wireless Services have intervened in the case.73 In addition to the issues raised by the Cellular Phone Task Force, at • least one court has held that zoning authorities can inquire into the safety of emissions from a wireless facility, as long as these concerns arc not a factor in an authority's denial.74 Another court has gone so far as to speculate that a denial based on the "potential health effects" • of the tower did not implicate the "environmental effects" ban.75 In Oyster Bay, the Second Circuit has recently held that a denial based on• health effects would violate the "environmental effects" provision of § 332(c)(7)(B)(iv)•'m HI. Procedural Issues and Remedies A. Recent Procedural Issues On August 5, 1998, leaders within the cellular telecommunications in- dustry77 entered into an agreement78 ("Moratoria Agreement") with the Federal Communications Commission State and Local Government Advisory Committee (LSGAC) relating to moratoria on wireless facil • - ity siting. The Moratoria Agreement establishes recommended guide • - lines for local governmental use of moratoria, focuses the commitment • between governmental entities and carriers to cooperate when siting • facilities, and sets a recommended limit of 180 days for moratoria. The Moratoria Agreement also sets up a means of alternative dispute res- • 0 The brief jointly filed by the CTIA and AT&T Wireless Services may be accessed on the Internet at <http://www.wow-com.com/lawpol/filing/pdf/RT- Ap ea17/6/98.pdf7. Sec Town of Stratford, 995 F. Supp. at 58. City of Moline, 29 F. Supp. 2d 915, 921 (C.D. Ill. 1998). c7h Oyster Bay. 166 F.3d 490, 494 n.3 (2d Cir. 1999). 4111 77. The Moratoria Agreement was entered by the Cellular Telecommunications In- dustry Association, the Personal Communication Industry Association,and the Federal • Communications Commission State and Local Government Advisory Committee. • 78. Text available at<http://www.fcc.gov/statelocal/agreement.html>(site lastmodi- fled March 16, 1999). 1 J 3 Feb-23-00 12 : 10P P. 05 ltup://www4.1aw.cumc1 cdwuscodW47i332.tcxr.lumi pursuant to such subparagraph is no longer necessary to ensure that the rates for commercial mobile services are just and reasonable and not unjustly or unreasonably discriminatory. The Commission shall provide reasonable opportunity for public comment in response to such petition, and shall, within 9 months after the date of its submission, grant or deny such petition in whole or in part. ■ (4) Regulatory treatment of communications satellite corporation Nothing in this subsection shall be construed to alter or affect the regulatory treatment required by title IV of the Communications Satellite Act of 1962(47 U.S.C. 741 et seq.) of the corporation authorized by title III of such Act(47 U.S.C. 731 et seq.). • (5) Space segment capacity Nothing in this section shall prohibit the Commission from continuing to determine whether the provision of space segment capacity by satellite systems to providers of commercial mobile services shall be treated as common carriage. ■ (6) Foreign ownership The Commission, upon a petition for waiver filed within 6 months after August 10, 1993,may waive the application of section 3 10(b)of this title to any foreign ownership that lawfully existed before May 24, 1993, or any provider of a private land mobile service that will be treated as a common carrier as a result of the enactment of the Omnibus Budget Reconciliation Act of 1993, but only upon the following conditions: • (A) The extent of foreign ownership interest shall not be increased above the extent which existed on May 24, 1993. • (13) Such waiver shall not permit the subsequent transfer of ownership to any other person in violation of section 310(b) of this title. ■ (7) Preservation of local zoning authority • .(A)General authority Except as provided in this paragaph, nothing in this chapter shall limit or affect the authority of a State or local government or instrumentality thereof over decisions regarding the placement, construction, and modification of personal wireless service facilities. • (B)Limitations ■ (i) The regulation of the placement, construction, and modification of personal wireless service facilities by any State or local government or instrumentality thereof-■ (I)shall not unreasonably discriminate among providers of functionally equivalent services; and (II)shall not prohibit or have the effect of prohibiting the provision of personal wireless services. ■ (ii) A State or local government or instrumentality thereof shall act on any request for authorization to place, construct, or modify personal wireless service facilities within a reasonable period of time after the request is duly filed with tiof6 2/23/00 10:49 AM Feb-23-00 12 : 11P P . O6 US Lode: title 4/.S cLion 332 http.//www4 law.COfgC11 Adu/Uscal:!4 7/112.;;z c.him: such government or instrumentality, taking into account the nature and scope of such request. • (iii) Any decision by a Slate or local government or itior instrumentality thereof to deny a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record. • (iv)No State or local government or instrumentality thereof • may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions. ■ (v)Any person adversely affected by any final action or failure to act by a State or local government or any instrumentality thereof that is inconsistent with this subparagraph may, within 30 days after such action or failure to act, commence an action in any court of competent jurisdiction. The court shall hear and decide such action on an expedited basis. Any person adversely affected by an act or failure to act by a State or local government or any instrumentality thereof that is inconsistent with clause(iv) may petition the Commission for relief. ■ (C) Definitions For purposes of Ibis paragraph- Lir ■ (i) the term "personal wireless services"means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services; ■ (ii) the term "personal wireless service facilities" means facilities for the provision of personal wireless services; and (iii) the term "unlicensed wireless service" means the offering of telecommunications services using duly authorized devices which do not require individual licenses, but does not mean the provision of direct-to-home satellite services (as defined in section 303(v) of this title). ■ (8) Mobile services access A person engaged in the provision of commercial mobile services, insofar as such person is so engaged, shall not be required to provide equal access to common carriers for the provision of telephone toll services. If the Commission determines that subscribers to such services are denied access to the provider of telephone toll services of the subscribers' choice, and that such denial is contrary to the public interest, convenience, and necessity, then the Commission shall prescribe regulations to afford subscribers unblocked access to the provider of telephone toll services of the subscribers' choice through the use of a carrier identification code assigned to such provider or other mechanism. The requirements for unblocking shall not apply to mobile satellite services unless the Commission finds it to be in the public interest to apply such 5of6 2/23/00 I D:49 AM Shea Retail Center-STANDARD METHODOLOGY (All Numbers in Acres) 2/3/00 Development Area (Ex. Roads) SLOPE BAND 0-10% 10-20% 20-30% 30%+ TOTAL TOTAL AREA 24.6752 7.2453 2.9898 2.2319 37.1422 2/24/00 Development Area (Ex. Roads) SLOPE BAND 0-10% 10-20% 20-30% 30%+ TOTAL TOTAL AREA 26.2522 5.4813 1.9190 1.7480 35.4005 2/24/00 Preservation Area SLOPE BAND 0-10% 10-20% 20-30% 30%+ TOTAL TOTAL AREA 3.4215 8.1150 3.3545 0.7638 15.6548 DISTURBANCE %ALLOWED 100% 30% 20% 10% PRESERVATION AREA REQUIRED 0.0000 5.6805 2.6836 0.6874 9.0515 DISTURBANCE AREA ALLOWED 3.4215 2.4345 0.6709 0.0764 6.6033 2/3/00 Development Area (Ex. Roads) SLOPE BAND 0-10% 10-20% 20-30% 30%+ TOTAL TOTAL AREA 28.0967 15.3603 6.3443 2.9957 52.7970 PRESERVATION AREA REQUIRED 0.0000 10.7522 5.0754 2.6961 18.5238 DISTURBANCE %ALLOWED 100% 30% 20% 10% DISTURBANCE AREA ALLOWED 28.0967 4.6081 1.2689 0.2996 34.2732 PROPOSED DISTURBANCE 24.6752 7.2453 2.9898 2.2319 37.1422 PROPOSED PRESERVATION 3.4215 8.1150 3.3545 0.7638 15.6548 EXCESS (SHORT) 3.4215 -2.6372 -1.7209 -1.9323 ADDITIONAL PRESERVE NEEDED -8.7907 -8.6047 -19.3233 -36.7187 2/24/00 Development Area (Ex. Roads) SLOPE BAND 0-10% 10-20% 20-30% 30%+ TOTAL TOTAL AREA 29.6737 13.5963 5.2735 2.5118 51.0553 PRESERVATION AREA REQUIRED 0.0000 9.5174 4.2188 2.2606 15.9968 DISTURBANCE %ALLOWED 100% 30% 20% 10% DISTURBANCE AREA ALLOWED 29.6737 4.0789 1.0547 0.2512 67.0521 PROPOSED DISTURBANCE 26.2522 5.4813 1.9190 1.7480 35.4005 PROPOSED PRESERVATION 3.4215 8.1150 3.3545 0.7638 15.6548 EXCESS (SHORT) 3.4215 -1.4024 -0.8643 -1.4968 ADDITIONAL PRESERVE NEEDED -4.6747 -4.3215 -14.9682 -23.9644 L J Shea Retail Center-MODIFIED METHODOLOGY AS PROPOSED BY APPLICANT (All Numbers in Acres) 2/3/00 Development Area (Ex. Roads) SLOPE BAND 0-10% 10-20% 20-30% 30%+ TOTAL TOTAL AREA 24.6752 7.2453 2.9898 2.2319 37.1422 2/24/00 Development Area (Ex. Roads) SLOPE BAND 0-10% 10-20% 20-30% 30%+ TOTAL TOTAL AREA 26.2522 5.4813 1.9190 1.7480 35.4005 2/24/00 Preservation Area SLOPE BAND 0-10% 10-20% 20-30% 30%+ TOTAL TOTAL AREA 3.4215 8.1150 3.3545 0.7638 15.6548 DISTURBANCE %ALLOWED 100% 30% 20% 10% PRESERVATION AREA REQUIRED 0.0000 5.6805 2.6836 0.6874 9.0515 DISTURBANCE AREA ALLOWED 3.4215 2.4345 0.6709 0.0764 6.6033 2/3/00 Development Area (Ex. Roads) SLOPE BAND 0-10% 10-20% 20-30% 30%+ TOTAL TOTAL AREA 28.0967 15.3603 6.3443 2.9957 52.7970 PRESERVATION AREA REQUIRED 0.0000 10.7522 5.0754 2.6961 18.5238 DISTURBANCE %ALLOWED 87.83% 47.17% 47.13% 74.51% DISTURBANCE AREA ALLOWED 28.0967 4.6081 1.2689 0.2996 34.2732 PROPOSED DISTURBANCE 24.6752 7.2453 2.9898 2.2319 37.1422 PROPOSED PRESERVATION 3.4215 8.1150 3.3545 0.7638 15.6548 EXCESS (SHORT) 0.0000 0.0000 0.0000 0.0000 0.0000 ADDITIONAL PRESERVE NEEDED 0.0000 0.0000 0.0000 0.0000 0.0000 2/24/00 Development Area (Ex. Roads) SLOPE BAND 0-10% 10-20% 20-30% 30%+ TOTAL TOTAL AREA 29.6737 13.5963 5.2735 2.5118 51.0553 PRESERVATION AREA REQUIRED 0.0000 9.5174 4.2188 2.2606 15.9968 DISTURBANCE %ALLOWED 88.47% 40.32% 36.39% 69.60% DISTURBANCE AREA ALLOWED 29.6737 4.0789 1.0547 0.2512 67.0521 PROPOSED DISTURBANCE 26.2522 5.4813 1.9190 1.7480 35.4005 PROPOSED PRESERVATION 3.4215 8.1150 3.3545 0.7638 15.6548 EXCESS (SHORT) 0.0000 0.0000 0.0000 0.0000 0.0000 ADDITIONAL PRESERVE NEEDED 0.0000 0.0000 0.0000 0.0000 0.0000 L rci: E: . . 1 $a 8 y $ / E y ' . - - - / ‘ / / . ..,\N\L\ , - .•�` • . fl F 2• fr -� f „ ./ . -\. LS, ! : . , n !_. _i D -, . . .._ ,At. ,„. , { � f, I . 001 .... p,111 ifi $ o 0 o s t� y • . \\. `,. . % S x it , • ter 1 4 g 8 8 8 o 1'' pit \ rf:/ - / ' RpR i9 i._ 0 g o r _ Pt a ; m se II. of t ydis" ki 111 1 � // \ g a e • aNi v, 1 (. ,�.' / ,� (.p 0 �+ 4/1 �i M 4M I.la MIL MI IN SEA �OtRtRAAD/ALSAC CENTT10 ER •— a _ - �'�` SLOPE ANALYSIS J J • ! ;a /i.......4,1k: is\s , tis Al—aolp...0-- i1,, 8 iI))) \ � � r if —, '' / .' / , / • --------- " a" , 4 / /fsbl'- . / / \ / ;1;:11; 1;11 0 _ � a 8 8 8 8 I / , iiliili Zq, Is a >t IA m a1" JI'II xg0 0 s °mi 88 8 8>f� $v .1 - E a /� 1 t "F ; g ii v k ,\ Ir I '� ,/-' o : li v e p I 1 1 '`Mb AM—" SHEA RETAIL CENTER - •— •T A •M V 1! M S CA SOIILLVAm/SACUA O SOIJ.EVAID j !1f A I ••••••••� ►aI11TAwI IU.Ii A@OIU .� ,�. SYargsc SLOPE AMY =FOR 1■.LS=[PRESERVATION PARCEL .1 .� J 111 DAYTON HUDSON CORPORATION PROPERTY DEVELOPMENT 1000 Nicollet Mall Minneapolis, Minnesota 55403 Direct Dial: 812.761.1559 Fax: 612.761.3728 February 23, 2000 VIA US MAIL.&FAX:480-596-6366 Mr.Trey Eakin Vice President Development Barclay Group 8145 North 86'h Place Scottsdale,AZ 85258 RE: SWC Shea&Saguaro Fountain Hills,AZ Dear Trey: I am writing this letter in response to a recent request made by a resident of Fountain Hills that a copy of our fully negotiated letter of intent be made public. As you know, our mutually agreed upon terms and conditions are proprietary in nature. However, you may submit a copy of this letter to the upcoming Planning and Zoning hearing as confirmation that a letter agreement does in fact exist between Barclay Group and Target Corporation for the development of an approximate 135,000 square foot Target. Should any member of PEZ or Town Council like to call me directly In order to verify the accuracy of this letter, you may release my direct line to that specific individual. I hope this satisfies any further concerns made by members of the community. Target remains very excited about this project and the prospect of expanding its business into this community. Very truly yours, John C. Grimes, Jr. Regional Real Estate Manager JCG/kjhtfk L ISAYTON'r. MARSNALL FIELD's HUDSON'S TAI+GI•T Ml1+vYN'S CAI Il•n1:NlA R:Jcg\AZlfountainhills-trey.do• (3IIFS1 L:RIRII AMC FILVCRTOWN TRADING COMPANY DfiTON's COrAVI.NCIAL INTL•I:MRS DAYTON KVO3QN 1310AN0b ,T •J M.C1Q•nt r *-. n L.n^ -iTrt I II�n.1-. nnn�•I-�•ry DRAFT—NOT APPROVED BY PLANNING & ZONING COMMISSION YET TOWN OF FOUNTAIN HILLS MINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION MARCH 9,2000 A public meeting of the Fountain Hills Planning and Zoning Commission was convened and called to order by Chairwoman Leesa Fraverd at 6:30 p.m. March 9, 2000, in the Town Hall Council Chambers located at 16834 E. Palisades Boulevard,Building B,Fountain Hills,Arizona. AGENDA ITEM 1 - CALL TO ORDER, PLEDGE TO THE FLAG, MOMENT OF SILENT REFLECTION,AND ROLL CALL. Chairwoman Fraverd called the meeting to order at 6:30 p.m. After the pledge to the flag, Chairwoman Fraverd called for a moment of silence. Present for the meeting were Chairwoman Leesa Fraverd, Vice-Chairman Robert Howes, and Commissioners David Combs, Judy Dragiewicz, Michael Downes, Rod Mooney, and Jay Schlum. Also present was Community Development Director,Jeff Valder and Planning Technician,Joan Blankenship. AGENDA ITEM 2- CONSIDERATION OF COMMISSION MEETING MINUTES: FEBRUARY 24,2000 Commissioner Downes made a MOTION to approve the minutes as written. Commissioner Dragiewicz SECONDED and the motion CARRIED unanimously. AGENDA ITEM 3 - CONSIDERATION OF A RECOMMENDATION TO TOWN COUNCIL ON A PROPOSAL TO REZONE 28.6± ACRES OF LAND, LOCATED SOUTH OF SHEA BOULEVARD, WEST OF SAGUARO BOULEVARD, AND NORTH OF LASER DRIVE FROM THE "IND-1" TO THE "C-2 PUD" ZONING DISTRICT, CASE NUMBER Z99-24 (CONTINUED FROM THE FEBRUARY 24, 2000,COMMISSION MEETING). Mr. Valder presented an update to the Commission on this agenda item. Chairwoman Fraverd asked what submittal requirements were still missing. Mr. Valder stated that staff had everything it needed for the rezoning request, the Cut/Fill Waiver, and had been assured that the Corps of Engineers permit would be submitted shortly for the preliminary plat. Commissioner Downes asked if it would be possible to rezone the 150-foot wide strip of industrially zoned land along Shea to C-2 at this meeting. Chairwoman Fraverd stated that it would not be possible since only what was on the agenda had been publicly noticed and that was what the applicant had applied for. Mr. Valder added that the rezoning of that land could be done later, but was not included in the discussion at this meeting. Commissioner Mooney asked if lot 4 was included in the 28 acres. Mr. Valder explained that the applicant had taken lots 1 through 3 and divided them into 4 smaller lots. Chairwoman Fraverd asked what size the Commission wanted to see for the secondary anchor or if they wanted to state a number at all. Commissioner Downes said that, based on Geir Sverdrup's research, cutting the number down to 10,000 square feet would be fine,but that the square footage of 100,000 for the major anchor should be left alone. 1 J DRAFT—NOT APPROVED BY PLANNING & ZONING COMMISSION YET Commissioner Dragiewicz asked if it were important to keep the secondary anchor fairly large. Mr. Valder answered that the language of the PUB states that neither the major nor the secondary anchors can be Ikby subdivided into less than 20,000 square feet, but if the Commission wanted to keep the secondary anchor store at a certain size,the language would need to be changed. Commissioner Dragiewicz asked if originally the number for the secondary anchor was 50,000 square feet. Mr. Valder stated that the Commission could specify a certain number if they wanted. Commissioner Combs said that the major and minor anchors should be kept large enough to get increase sales tax revenue and not be less than 20,000 square feet. Commissioner Dragiewicz asked if the applicant knew who would go in the secondary anchor. Mr. Eakin said that there was one company doing a study now,but that he wasn't at liberty to say whom it was. He stated that he did not want to limit the secondary anchor to a certain square footage. Commissioner Schlum asked out limited the applicant would be in keeping pad sizes to what had been presented. Mr. Valder answered that the applicant would have to comply with what was approved on the site plan and elevations. He went on to say that if the plans were altered and were not in substantial conformance, the applicant would need to amend the PUD. He stated that the Community Development Director would make the determination of sub-conformance with appeal to the Town Council. He said that it was possible that the exterior would remain the same, but that the interior would subdivided and remodeled differently for a variety of uses, which would not need an amendment to the PUD. Commissioner Schlum suggested limiting the pad sizes to a minimum of 20,000 square feet. Mr. Valder clarified that the Commission wanted a minimum square footage of the major anchor of 100,000 and the minor anchor of 20,000. The Commission agreed. Vice-Chairman Howes suggested a stipulation that on the architectural style for colors, lighting and landscaping comply with Chapter 18 of the Zoning Ordinance under Town Center Design Guidelines. He stated that he would like to see the retail center somewhat near to what the downtown should look like. Commissioner Downes asked if Mr. Valder was on the TCC Design Guidelines committee. Mr. Valder answered that staff is the committee. Commissioner Downes asked if what had been submitted for the elevations was in line with the TCC Zoning District guidelines. Mr. Valder stated that the elevations might be to the letter, but they were right in line with.the TCC Zoning District guidelines. He added that if they were in line now, they were very close,but that Vice-Chairman Howes language could be added for assurance. Commissioner Schlum asked Mr. Eakin if he was okay with the TCC Zoning District Design Guidelines. Mr. Eakin said that they hadn't read them word for word,but were okay with them. Kurt Reid, 7400 E. MacDonald, architect for the project, said that he had read them and had adhered to them in spirit and detail. He said that earth tones would be maintained and that the articulation of the buildings was in the spirit of the guidelines. Mr. Reid reviewed the elevations for the Commission. Commissioner Combs asked where the brighter colors would be used. Mr. Reid explained that they would be used under the canopies and near the entrances as accent colors only. He added that the 42-foot height on the Target was probably resolvable. Vice-Chairman Howes stated that one thing that the Commission wanted insured was that when the center is built, the major anchor is the main focus. He explained that he didn't want to see the front pads go in first and then the major anchor. He suggested that no building permits be issued until the major and minor anchors have received Ley Certificates of Occupancy. 2 j DRAFT—NOT APPROVED BY PLANNING & ZONING COMMISSION YET Mr. Valder stated that if the Commission wanted to add sections or modification to the staff report that the applicant felt they could live with, he would add them. But if the applicant didn't agree to the modifications, Mr. Valder said that he would put those portions in Italics with an explanation to the Council. The consensus of the Commission was an agreement to Vice-Chairman Howes' suggested stipulation. Mr. Eakin also agreed. Chairwoman Fraverd stated that it was possible that the pads might sit vacant for a while, which would possibly cause a dust problem. Mr. Valder explained how a project goes through the subdivision process. He explained that it at the time the 10 to 20% remaining from the construction assurance bond is ready to be refunded, the applicant could be required to put several inches of crushed gravel on the pads to mitigate the dust problem. Chairwoman Fraverd suggested that before Target opens the landscaping needs to be done and any pads that didn't already have building permits would need to have gravel in place. Commissioner Dragiewicz asked if there was a time limit on the entire project. Mr. Valder said there was not. Commissioner Combs stated that there would be a lag between construction of the major and minor anchors and the pads. Commissioner Schlum asked Chairwoman Fraverd if she was referring to the grocery store as a pad. She said that she was. Commissioner Downes said that he was not sure the Commission could require the placement of gravel. He suggested that there must be some engineering or environmental standard that would address the dust problem. LioMr. Valder explained that there are County air quality control measures. He stated that the Town of Fountain Hills had received a letter from the County asking them to enforce the County's regulations. He said that the regulations go largely unenforced. Mr. Valder stated that while the Town still had some of the developer's money, they had the leverage to get them to gravel the undeveloped pads. He agreed with Commissioner Combs' statement regarding the lag between construction times, especially because of Vice-Chairman Howes stipulation that the major and minor anchors have Certificate's of Occupancy first. He stated that it made sense to him that the entire strip be constructed first, but that maybe it wouldn't be. He added that a year would be a reasonable length of time. Mr. Eakin suggested that in lieu of gravel, that the bare lots be hydro-seeded which would set in quickly and be green. He explained that they wanted to get Target open first, but that some of the other buildings might be phased in. He said that with this type of development, the first store goes in and then the rest come in 1 to 1' years later. Chairwoman Fraverd asked which the Commission wanted — gravel or hydro-seeding. Mr. Valder reminded the Commission that that stipulation belonged with the preliminary plat discussion. Chairwoman Fraverd asked how the Commission would like to modify the list of allowed C-2 PUD uses. Commissioner Dragiewicz said that she would like to see gas stations, car washes and hotels/motels removed from the list(items 3,4, and 24). Vice-Chairman Howes agreed with Commissioner Dragiewicz, but suggested that the uses not be removed permanently, but rather placed as an approved use with a Special Use Permit. He added that he would like to see a restriction on commercial activities after 11:00 p.m. without a Special Use Permit. Commissioner Combs stated that quite as few towns have restricted gas stations without a Special Use Permit to have more control on where they are located. 3 J DRAFT—NOT APPROVED BY PLANNING & ZONING COMMISSION YET Commissioner Downes suggested a revision of item 29 that would allow outside storage only in conjunction with the primary tenant. Ljpy Mr. Eakin said that he was okay with part,not all,of the suggested stipulations, but that he could live with them. Commissioner Combs asked him if he had a problem with gas stations and car washes needing a Special Use Permit. Mr. Eakin said he had more of a problem with limiting the hours of operation, because restaurants may want to stay open until midnight. Mr. Valder pointed out that commercial activities past 11:00 p.m. would not prohibited,they would just require a Special Use Permit. Commissioner Schlum expressed concern about the limitation that there not be another bank or ATM within a 600 foot radius of the Bank of Arizona. He stated that it was very possible that the proposed grocery store would have an ATM. Mr. Valder stated that the Town did not require that limitation and wouldn't be enforcing it. Public Chris Brat, 16131 Ironwood, asked if there was any consideration of breaking up the roofline. Chairwoman Fraverd answered that, to her, it appeared as if the roofline was articulated with highs and lows. Mr. Brat stated that the Target store itself was quite flat from all angles. Jody Knapp, Monterey Drive, said that she was very confused because the project was now being presented as a C-2 PUD rezoning, but that it had been presented to the voters as a C-1. She asked why uses would be taken out to appease the developer rather than the people. She said that the developer should not be allowed to play games. She stated that the 150-foot line should not have been drawn just so the people couldn't speak out against the rezoning. She added that this project was not what was voted on. LipvPamela Curtis, Trevino Drive, said that Mr. Ralph Pew and Mr. Eakin have said that without the 150 foot wide strip,the Cereus Wash relocation, the traffic flow change, the C-2 PUD including gas stations and car washes, an alternative method of calculating hillside disturbance, the Town's million dollars and a rebate of tax money to pay for improvements, the project couldn't be built. She stated that if she were a Commissioner, she would say, "See ya"'. She added that the developer should follow all of the Town's regulations and if they can't, then they shouldn't build. Justin Henry, Last Trail, asked why the Target needed to be 42 feet high when all Targets are 1-story. Chairwoman Fraverd answered that a commercial district was allowed to have 40-foot high buildings. She stated that C-2 is what was applied for and that is what the Commission must deal with. Commissioner Dragiewicz read an excerpt from the ballot regarding the General Plan Amendment that the community had voted on. She added that a particular zoning was not stated on the ballot. Commissioner Downes asked that if the rezoning only applied to 28 acres why the Cut/Fill Waiver request and the preliminary plat referred to the entire site. Mr. Valder answered that the Commission was considering 3 separate items on this project. He stated that there was no requirement that the preliminary plat be considered with the rezoning. He stated that it was unlikely that the Town would approve a rezone from Industrial to Commercial without seeing what the plan was. He stated that the applicant had been up-front from the beginning as to why the 150-foot wide strip was not included in the rezoning request. He explained that the applicant chose not to rezone that strip to Commercial because of the possibility of the residents on the north side of Shea Boulevard compelling a 6 out of 7 vote of the Council to approve the project. He went on to say that the rezoning and the Cut/Fill Waiver were discretionary actions. He stated that because of the waivers, the preliminary plat is also a discretionary action. He added that the Commission could recommend denial of the rezoning because of the 150-foot strip if they chose to. 4 DRAFT—NOT APPROVED BY PLANNING & ZONING COMMISSION YET Commissioner Downes stated that when the Council approved the General Plan Amendment, it was for 39±acres. He said that he had difficulty understanding how staff could accept this petition if the General Plan Amendment cw was for 39 acres. He added that, to him, split lot zoning is worse than spot zoning. He said that this rezoning would be difficult to condone. Commissioner Combs asked if a time factor could be imposed on this project similar to what was done with the nursing home proposal, such as having the zoning revert back if the project languishes. Mr. Valder stated that with a super majority, the Town could rezone anything it wanted with or without the owner's approval. He went on to say that in this case, the Council would have to do a General Plan Amendment first to change the Land Use designation back to Industrial prior to initiating a rezoning back to Industrial. He stated that some Towns put in reverter clauses in their approvals. He added that the Town Attorney had opined that the Town couldn't do contract zoning. Commissioner Combs stated that he would like to have the 150-foot wide strip rezoned to C-2 because it looked silly and that he does not like split lot zoning. Mr. Valder stated that he would have an initiation to rezone the strip on the Commission's next agenda. Vice-Chairman Howes pointed out that currently the area under discussion was an effluent field and that the effluent problem hadn't gone away. He stated that if the problem weren't handled, the area would need to continue to be sprinkled until the year 2001. Mr. Valder added that MCO would be released from its responsibility to maintain the effluent fields in the year 2001. He stated that at the time the piping is removed after the 2001 deadline, another solution would have to be found. Commissioner Mooney suggested going over the stipulations. He reviewed the benefits and drawbacks of rezoning the property. He stated that the Council should be persuaded to deny the rezoning. Ler Chairwoman Fraverd stated that she had heard several times during the meetings held on this issue that the Target center would be taking away from existing Fountain Hills businesses. She stated that she hasn't heard from any local business one way or another. Commissioner Schlum asked about the total acreage involved in the General Plan Amendment versus the acreage being considered for rezoning. Mr. Valder explained that the General Plan Amendment was to change the color on the Future Land Use map. He stated that the General Plan helps the Town determine if growth is appropriate in a certain area. He stated that the rezoning that has been requested is consistent with the Future Land Use map. Mr. Valder went on to.say that the Commission and Council were not being asked to make a change that would make the area inconsistent with the map. He added that the applicant was just leaving it zoned as it was. He stated that the Commission needed to make up their individual and collective minds as to how they feel about the 150-foot strip. He stated that they needed to decide how much of an issue the strip was. Mr. Valder added that most of the objection is that the people across Shea didn't get a chance to oppose the rezoning. Commissioner Downes made a MOTION to recommend to the Town Council approval of the rezoning with the following stipulations. Compliance with all stipulations from the Town Staff, Town Engineering, Town Fire Marshall, and Town Traffic consultant reports, including submittal of all required permits and environmental reports. • Revision of the ordinance proposed in the Staff Report that would remove gas stations (Section 5.B.3),car washes (Section 5.B.4), and hotel/motels (Section 5.B.24) from the list of approved uses Lor • Revision of the ordinance proposed in the Staff Report that would add gas stations, car washes, hotel/motels, and any commercial activity between the hours of 11:00 p.m. and 6:00 a.m. to a list of uses that required a Special Use Permit for approval. 5 DRAFT—NOT APPROVED BY PLANNING& ZONING COMMISSION YET • Revision of the ordinance proposed in the Staff Report that would limit the minimum square footage of the major anchor store to 100,000 square feet and the minor anchor store to 20,000 square feet. • The addition of a Section 8 which would give the Town Council, or an appropriate Committee selected by the Town Council, the right to approve building elevation design in order to conform to the Town Center Zoning District standards. • A requirement that the major anchor store must have a Certificate of Occupancy and must be open prior to the issuance of any building permits for the smaller pads. • * A requirement that the 2 10-foot high monument signs on Shea Boulevard not be lit between hours of 11:00 p.m. and 6:00 a.m. (*Note: Stipulation added later in the discussion) Vice-Chairman Howes SECONDED. Commissioner asked if the 2 10-foot high monument signs on Shea were to be illuminated. Mr. Valder explained that while the 10-foot signs were taller than anything else allowed within the Town, there had been a reduction of total signage on the face of the building. He stated that he thought it would be a reasonable agreement, because the monument signs would be back from Shea due to the wide right-of-way. Commissioner Dragiewicz asked if the monument signs would be lit 24 hours a day. Mr. Valder said that he didn't know, but that they probably would be. Mr. Eakin offered to have the signs dark between the hours of Li, 11:00 p.m. and 6:00 a.m. Chairwoman Fraverd asked Commissioner Downes and Vice-Chairman Howes if they wanted the hours of illumination added to the list of stipulations and they did. Commissioner Downes said he would support the rezoning because 67% of the voters had said that they wanted something commercial at the site. He stated that he hoped the rezoning would get tabled long enough to have the rezoning of the remaining 150-foot wide Industrially zoned strip of land to C-2 be able to catch up with the applicant's rezoning request. Commissioner Dragiewicz stated that she would also vote for the rezoning, but that the split zoning still bothered her. Chairwoman Fraverd agreed with Commissioner Downes, but added that the voters wouldn't vote to approve the project as it currently was. She stated that the Commission had worked hard to make it the best project it can be. Commissioner Combs pointed out that the public doesn't have a grasp of the magnitude of a project this size. He said that he was shocked that the local businesses that are against the project haven't come to any of the meetings. He added that he hoped the local businesses would let the Council know how they felt. He agreed that this was a different project than what the public voted on. Chairwoman Fraverd added that the majority of the people don't know that. The motion CARRIED by a vote of 6"ayes"to 1 "nay"made by Commissioner Mooney. AGENDA ITEM 4 - CONSIDERATION OF A RECOMMENDATION TO TOWN COUNCIL ON A REQUEST FOR A CUT/FILL WAIVER APPLICATION FOR THE PROJECT KNOWN AS THE SHEA 6 DRAFT—NOT APPROVED BY PLANNING& ZONING COMMISSION YET RETAIL CENTER, A PROPOSED 36.42± ACRE DEVELOPMENT, LOCATED SOUTH OF SHEA BOULEVARD, WEST OF SAGUARO BOULEVARD, AND NORTH OF LASER DRIVE, CASE ‘10, NUMBER CFW99-08(CONTINUED FROM THE FEBRUARY 24,2000 COMMISSION MEETING). Mr. Valder presented the agenda item to the Commission. Vice-Chairman Howes asked who tells the developer how to move the channel (Cereus Wash). Mr. Valder said that the applicant would hire a consultant to plan the move and present it to the Army Corps of Engineers. He said that they would look at the technical aspects to see that it closely mimicked the current conditions on site. Mr. Valder stated that the Town was concerned with how the channel will look. He stated that the side slopes are proposed to be a 4:1 slope and that landscaping will be added to make the channel more pleasing to look at. He stated that the applicant would need to revegetate to the TCC zoning district minimum standards or to the standards of the Subdivision Ordinance. Commissioner Downes asked if Cereus Wash was the only place that needed a Cut/Fill Waiver. Mr. Valder explained that the area is currently a pre-graded effluent field. Commissioner Downes asked about the Laser Wash plans. Mr. Valder said that Laser Wash is only about 6 to 8 feet deep at the most, but that the applicant would be realigning it. He added that it would still be an open channel or ditch. Bill McGivern,Monterey Drive, asked for a specific explanation of how the Cut/Fill Waiver could apply to all 39 acres. Mr. Valder explained that there wasn't a prohibition to having a wash in an industrially zoned area. He stated that a waiver is necessary for excesses of 10 feet in any one spot. He went on to explain that although some did not understand how the Town can rezone part of the area, but still have that area as part of the proposal to replat, it could still be done. He stated that just because part of the area was being rezoned, there wasn't any language that says you cannot develop your property because it's not all zoned the same. He stated that the Town controls the codes, but there was no language in the code that would give them the authority to stop development on a split- zoned lot. Chairwoman Fraverd added that a Cut/Fill Waiver could be granted for a wash area even if it went through 3 different zoning districts. Mr. Valder pointed out that if the Commission really wanted the wash to stay in its natural state where it is, then they should vote against the Cut/Fill Waiver request. Jody Knapp, Monterey Drive, said that she was still having a problem with the 150-foot wide industrially zoned stripe that was not being rezoned. She said that even if the Cut/Fill Waiver was not prohibited in the code's language, it should be in the thought process. Bob Pip stated that MCO was using a loophole to get what it wanted. Karen Huske, Greenbriar Lane, asked why the Town needed to approve a Cut/Fill Waiver if the Corps of Engineers was going to approve it. Mr. Valder answered that both the Town and the Corps of Engineers needed to approve the relocation of Cereus Wash. Vice-Chairman Howes asked if the language was in place to make sure the Corp of Engineers permit be submitted. Mr. Valder stated that if the applicant couldn't get Corps of Engineer approval, the project wouldn't be going anywhere. Lair Commissioner Dragiewicz made a MOTION to recommend to the Town Council approval of the Cut/Fill Waiver request. Vice-Chairman Howes SECONDED and the motion CARRIED by a vote of 6 "ayes" to 1 "nay" made by Commissioner Mooney. 7 j DRAFT—NOT APPROVED BY PLANNING & ZONING COMMISSION YET AGENDA ITEM 5 - CONSIDERATION OF A RECOMMENDATION TO TOWN COUNCIL ON A PRELIMINARY PLAT FOR THE 9-LOT, 36.42± ACRE SHEA RETAIL CENTER, LOCATED SOUTH OF SHEA BOULEVARD, WEST OF SAGUARO BOULEVARD, AND NORTH OF LASER DRIVE, CASE NUMBER S99-040(CONTINUED FROM THE FEBRUARY 24,2000 COMMISSION MEETING). Mr. Valder presented the agenda item to the Commission. He suggested adding another stipulation that would require hydro seeding on all undeveloped pads prior to a final refund of the construction assurance. Mr. Luebner explained how the traffic was proposed to flow by way of the ingresses and egresses. Chairwoman Fraverd asked him if he was comfortable with the center left-out onto Shea. Mr.Luebner said he was. Commissioner Downes asked how truck traffic would get into the project. Mr. Luebner explained that they would get in the same way and said that they would be taking a look at Technology Drive and doing a redesign if necessary. Commissioner Schlum stated that the left-out onto Shea should be eliminated for safety sake. He said that it would help the residents on the north side of Shea. Commissioner Schlum asked for the location of the emergency gate on the abandoned Technology Drive near Saguaro. Mr. Valder pointed out the location and added that the residents in the Firerock area were concerned about the industrial traffic on Saguaro Boulevard. He stated that if Technology Drive were blocked at that location, traffic would have to come off of Shea onto Technology. Commissioner Combs asked Mr. Luebner if the center drive had a deceleration lane. Mr. Luebner explained that Lar. deceleration lanes were required at the Technology intersection and the major entrance, but not by Lot 2. Commissioner Combs stated that 2 of the proposed entrances were highly dangerous. He went on to say that he could foresee a fatality at the left-out exit point. He stated that the other entrances needed deceleration lanes and asked if the number of entrances could be reduced. Chairwoman Fraverd asked if Technology Drive could be accessed from Lot 4. Mr. Luebner said it could be. She said that she agreed with Commissioner Combs that the entrance between lots 2 and 3 be eliminated and the one between lots 1 and 2 be moved down. Commissioner Downes said he was in agreement with everyone and suggested that the driveways at lots 2 and 5 be eliminated. Mr. Luebner stated that in the very early stages of the project, staff had recommended that the driveways be eliminated pending the traffic consultants report was submitted. He went on to say that the report said it was okay as it was. He cautioned that if the configuration were changed, it might change the dynamics of the traffic circulation. He stated that he understood the Commission's concerns, but added that the traffic consultant had said that the project would work without the deceleration lanes. Commissioner Schlum asked if a speed limit change was considered in the report. Mr. Luebner stated that the speed limit in the report was as it is now — 55 mph. He said that the consultant might have used some other number to take into consideration the short distance between traffic signals, but that he wasn't sure that was the case. Vice-Chairman Howes asked if a lower speed limit should be posted. Mr. Luebner stated that he assumed that there would be a lower traffic speed between the light at Technology and Saguaro. LitoVice-Chairman Howes said he had no comfort level at all concerning the left-out turn onto Shea Boulevard. He suggested conveying the Commission's concerns about it and the speed limit to the Town Council. 8 DRAFT—NOT APPROVED BY PLANNING & ZONING COMMISSION YET Commissioner Combs stated that in early discussions on the proposed project there had been talk about not wanting to impede traffic on Shea. He stated that if the driveways at lots 2 and 5 were not eliminated, traffic would be impeded or deceleration lanes would need to be added. Commissioner Dragiewicz agreed that the 2 driveways needed to be eliminated and asked if another light could be put at the center left-out entrance or if it were too close to the other lights. Mr. Luebner said that it would be too close and suggested eliminating the left turn movement onto Shea. Commissioner Drag asked if a culvert would be placed to take care of the Laser drain runoff. Mr. Luebner stated that they would be reviewing that to make sure there would be no flooding of Saguaro Boulevard. Commissioner Downes asked who determines of the turning radii are sufficient. Mr. Luebner said that they would be looking at it with the traffic engineer. He said that the project wouldn't work for large trucks with the radii as proposed. Commissioner Mooney stated that he agreed with the proposed changes and thought that they would improve the safety. He pointed out that there were going to be major jam-ups on Shea Boulevard and that drivers would use streets such as Kingstree for travel through Fountain Hills. Commissioner Schlum said that the speed limit was a major issue to him. Commissioner Dragiewicz suggested putting an 8-foot sidewalk on Saguaro Drive along with the one proposed for Technology Drive for pedestrian traffic. Mr. Valder said that he would add that as a stipulation Commissioner Downes asked Mr. Eakin if they had come up with an alternative method for calculating hillside L. preservation. Mr.Eakin said that they had not. Vice-Chairman Howes said that the hillside preservation ordinances had been revised a few months ago and that he would not be willing to slide on hillside calculations ever again. He went on to say that if there was an idea that MCO had no other land to give up for the remaining 13 that needed to be preserved, they should look up at the mountains. He reiterated that he was not willing to make any concession on that issue. Commissioner Combs stated that he was very angry about the letter in the newspaper that was written by some sheep covering up for the applicant. He said he, too, would not budge on this topic. He went on to say that the calculations were late in getting to the Commission and that the Commission had not been holding up the process. He added that if the Commission slides on this project,they would have to slide on the mountain projects. Commissioner Downes stated that Mr. Eakin could buy the land the Town is trying to condemn and then donate it back to the Town or he could eliminate lots 1 through 6 and lot 10 and use that 7 acres to put toward the area that needs to be preserved. Commissioner Dragiewicz told Mr. Eakin that it was a terrible, underhanded thing that he put in the newspaper and added that she would not slide on this issue either. Chairwoman Fraverd wanted to clarify the acreages that were required to be preserved. She stated that 23 acres would have to be preserved off-site if the plans were stamped, but if they were not, all 36 acres would have to be preserved. Commissioner Downes stated that he would be will to discuss the possibility if the applicant wanted to mitigate the acreage to somewhere else. Commissioner Downes asked if the loading area at the Target store was adequate with a 110-foot diameter turning radius for a 45-foot semi. Mr. Valder answered that when the first plan had been review,the loading area was the reason for the Technology abandonment. He added that the Engineering Department would be reviewing the 9 J J DRAFT—NOT APPROVED BY PLANNING& ZONING COMMISSION YET loading area during the improvement plan stage. He stated that it would have to be workable before a final plat is approved. Lor, Chairwoman Fraverd pointed out that this was the third meeting in which this item had been discussed. She stated that if the Commission had gotten all of the information they needed by the second meeting, they would have been ready to vote then. She stated that she did not like the piece-meal way in which the applicant had submitted items. She went on to say that from now on, she did not want to have projects brought to the Commission that were not complete submittals. She stated that she had heard comments from the public that the Commission was dragging its feet, which was not true. Bob Pip, Monterey Drive, said he was opposed to the project, but warned that one should be careful what one wishes for. He stated that the left-out turn would be a disaster and pointed out that 90% of the people coming out of the center are going to be going back home to the east. Elaine Tars, Trevino Drive, commended the Town's forefathers for putting a fire station on Saguaro Boulevard so that there would be an ambulance close by to take care of all the accidents that were going to occur on Shea Boulevard. She expressed her frustration concerning the 150-foot wide strip that was not being rezoned to C-2. Pamela Curtis,Trevino Drive, objected to the emergency gate proposed at Technology and Saguaro. She said the residents were cheated out of needing a super-majority Council vote on the rezoning. She said that the Firerock residents did not want industrial traffic on Saguaro Boulevard,but if Technology were closed, the traffic would be going on Trevino Drive. Councilwoman Sharon Hutcheson, Tumbleweed Drive, said that she was concerned when she read and ad that was intimidating or urging and implied that the Commission was taking too long. She stated that she was glad that the Commission had received some of the information so that they would be in better shape to make an informed recommendation to the Council. She stated that hoped the Commission would do their best to insure that the public gets what they voted on. She added that, although the Commission had 60 day to come to a decision, she commended them for taking the 45 days. Mr. Luebner suggested that if there were changes made to the stipulations in the traffic report,that a new report be generated that would be up-to-date with the changes. Commissioner Combs made a MOTION to recommend to the Town Council approval of the preliminary plat including the following stipulations: • Hydro-seeding of all undeveloped pads prior to a final refund of the construction assurance. • Eliminating the driveways at lots 2 and 5 and turn in a revised traffic report. • Putting in an 8-foot wide sidewalk on Saguaro Boulevard. • Conforming completely to the hillside preservation ordinances. • Taking out the left turn at the center entrance. In addition, Commissioner Combs asked that on behalf of the Commission, it be recommended to the Town Council that a speed limit of 45 mph or less be imposed in that area of Shea Boulevard. Commissioner Schlum asked if the Commission wanted to address some sort of barrier foliage to mitigate Nifty headlights that would shine toward homes on the north side of Shea. Mr. Valder suggested looking at decreasing the driveway slopes out of the shopping center instead. He added that the developer would probably be willing to work with staff in taking care of the problem to the extent possible. 10 I DRAFT—NOT APPROVED BY PLANNING& ZONING COMMISSION YET commissioner Downes SECONDED and the motion CARRIED by a vote of 6 "ayes" to 1 "nay" made by Commissioner Mooney. AGENDA ITEM 6 - PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED TEXT AMENDMENT TO THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CHAPTER 6, SECTION 6.07.F, TO ALLOW FOR PERMANENT OFF-PREMISE SIGNS IF CERTAIN CRITERIA ARE MET,CASE NUMBER Z2000-03. Chairwoman Fraverd opened the public hearing at 9:53 p.m. and Mr. Valder presented the agenda item to the Commission. Commissioner Downes asked if the proposed text amendment was being discussed to accommodate any commercial business with a zero lot line. Mr. Valder explained the impetus for the proposed amendment as being related to the travel agency on Palisades Boulevard. Robert Sternfels, applicant, said that it would be a beautiful sign on a beautiful building. He added that the sign would be very "village-like". Mr. Sternfels stated that they would be complying with all other sign codes. Chairwoman Fraverd asked if Mr. Sternfels proposed sign was 3 feet deep. Mr. Sternfels explained that some places the building was recessed,but that the sign would protrude over the right-of-way by 3 feet. LoyCommissioner Downes asked if Mr. Sternfels or his architect had read the Zoning Ordinance sign regulations prior to designing the building. Mr. Sternfels said that they had, but that the Uniform Building Code states that signs can be mounted on the wall at least 8 feet above ground and can extend over the right-of-way a maximum of 4 feet. He added that they assumed that regulation took precedence. Karen Huske, Greenbriar Lane and employed at Daybreak Travel, said that this sign was attractive and would be on a beautiful building. She stated that the sign would extend over the landscaping. She added that the applicant was helping to develop the downtown area by building this building. Chairwoman Fraverd closed the public hearing at 10:07 AGENDA ITEM 7 - CONSIDERATION OF A RECOMMENDATION TO TOWN COUNCIL ON A PROPOSED TEXT AMENDMENT TO THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CHAPTER 6, SECTION 6.07.F, TO ALLOW FOR PERMANENT OFF-PREMISE SIGNS IF CERTAIN CRITERIA ARE MET,CASE NUMBER Z2000-03. Vice-Chairman Howes asked Mr. Valder if he had all the language he needed to be sure that a project's signage would be aesthetically pleasing. Mr. Valder answered that the Commission should be discussion this item as if it were for a particular project. He said that this was a minor relaxation to a very strict sign code already in place. He added that he didn't think there would be many people asking for this type of sign. Vice-Chairman Howes stated that he liked the fact that it was revocable. Lw Mr. Valder added that the Uniform Building Code is used throughout the country and that there is clear language throughout the code that says that the Town's regulations couldn't be usurped. Vice-Chairman Howes pointed out that Towns and Cities might have adopted different edition years of the UBC. 11 J .J DRAFT—NOT APPROVED BY PLANNING &ZONING COMMISSION YET Commissioner Combs stated that it was a beautiful building, but asked if a stipulation could be added that would (10160, 'require the building elevation to conform to the TCC zoning district. Mr. Valder answered that the regulation was written so tightly that he didn't think there would be many requests for this type of signage. Mr. Valder pointed out that on Palisades Boulevard, there is such a wide right-of-way that there is still a 4-foot wide landscaped strip between the back edge of the 8-foot wide sidewalk and the building. Commissioner Downes asked why the amendment was not put in the form of a Special Use Permit, rather than rewriting the ordinance if no one was going to be using it. Mr. Valder said that he had thought of that, but since the language is written so tightly, he thought it would be adequate. Chairwoman Fraverd asked if the applicant could have asked for a variance. Mr. Valder said that you can't ask for a variance on property you don't own such as the right-of-way. Commissioner Schlum suggested that additional language be inserted that would prevent someone from putting a 3-foot deep sign on a 10-foot pole and extending it over the right-of-way. Commissioner Combs made a MOTION to recommend to the Town Council approval of the text amendment. Commissioner Mooney SECONDED and the motion CARRIED by a vote of 6 "ayes' and 1 "nay" made by Commissioner Schlum. AGENDA ITEM 8 - CALL TO THE PUBLIC. (PUBLIC COMMENT IS ENCOURAGED, BUT PLEASE LowBE ADVISED THAT THE COMMISSION HAS NO ABILITY TO RESPOND OR DISCUSS MATTERS BROUGHT UP DURING CALL TO THE PUBLIC AS SUCH DISCUSSION IS PROHIBITED BY THE ARIZONA OPEN MEETING LAW.) Commissioner Downes stated that he thought it imperative that the Town Council get copies of all of the minutes from the Commission meetings held in which the Shea Retail Center was agendized. AGENDA ITEM 9-ADJOURNMENT. Vice-Chairman Howes made a MOTION to adjourn the meeting. Commissioner Mooney SECONDED and the motion CARRIED unanimously. The meeting adjourned at 10:22 p.m. FOUNTAIN HILLS PLANNING AND ZONING COMMISSION BY: ATTEST: Leesa Fraverd, Chairperson Joan Blankenship,Planning Technician CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the meeting of the Fountain Hills Planning and Zoning Commission held on the 9th day of March 2000. I further certify that the meeting was duly called and that a quorum was present. Date this day of 2000. Joan Blankenship,Planning Technician 12 Chron 44 MEMORANDUM TO: Honorable Mayor and Town Council FROM: Art Candelaria, Civil Engineer REVIEWED: Thoma ,, ••rd, Int rim Town Engine . THROUGH: Paul L. • ��i Manager DATE: March 3, '0 RE: Notification of Acceptance Grant of Easement EAA00-02 Plat 412-A, Block 8, Lot 11 Sam Ciatu, Vice President of Cambric Real Estate Holdings, L.L.C. has granted a Sidewalk Easement on Lot 11, Block 8, Plat 412-A, as described and depicted in Exhibit "A" attached. In accordance with our normal procedure, no Council action is required for a grant of an easement. This memo is merely for your information. L cc: Sam Ciatu Dana Burkhardt, Planner Iiiirepr G:\Easement Memo\EAA00-02-Grant of Easement Sidewalk(Plat 412-A,Blk 8,Lot 11 Sam Ciatu,Cambric Real Estate J TOWN OF FOUNTAIN HILLS EASEMENT ACQUISITION EXHIBIT "A" PLAT 412A BLOCK 8 LOT 11 PLAT 412A BOOK 158 PAGE 20 Lc 3: lc / - LOT 2 � � � ' " - ' N. N. NEW 5' SIDEWALK o = 90'00'00" /- EASEMENT - / R = 20.00' - i ' - `L = 31.42j - / - N75'42'00"E �'40.00' p3 - 25 „ R/1�8��r y1 yy y A 25 ` `` BLOCK 11 Z \ /,� O���i .� \ LOT 1 .:.: ... ��' LOT 11 0_ ` �� VAIN 20' '- „ * , ' LtG UTf LITY 43 . 2°' P EASEMENT _ _— 6°j26" Ue&DE �/ •'_ \% \----C:-°1-;------; ASH _P r „'227.92' \53 k - - 2 RETAIN 20' _. 20 43, PUE& DE i, `0 PUBLIC UTILITY N \ \ EASEMENT \ \O ` \ * TO BE ABANDONED PER \ \ TOWN OF FOUNTAIN HILLS RESOLUTION 1999-17 \ \ \ 6 BL OCK 3 Lek` 14.E \ \ SCALE: 1"=60' DATE: 3-7-00 �'/ J J J When Recorded Return To: Town Engineer Town of Fountain Hills P.O. Box 17958 Fountain Hills, AZ 85269 GRANT OF EASEMENT Cambric Real Estate Holdings, L.L.C., grantor, for good and valuable consideration, hereby grants to the Town of Fountain Hills, Arizona, grantee, a municipal corporation, its successors and assigns, a perpetual easement for the following purposes, namely: Sidewalk Easement Plat 412A, Block 8, Lot 11 on, over, under and across the ground embraced within the aforementioned plat as depicted in Exhibit "A", situated in the Town of Fountain Hills, State of Arizona. Grantor covenants that grantor is lawfully seized and possessed of this 4110, aforementioned tract or parcel of land; that grantor has good and lawful right to sell and convey it; and that grantor will warrant the title and quiet possession thereto against the claim of any person whatsoever. ( Dated this ) r l.► day of �G:110-1 2 00. By: Sam Ciatu, Vice President Cambric Real Estate Holdings, L.L.C. STATE OF ARIZONA ) § County of Maricopa ) SUBSCRIBED AND SWORN TO BE before me this 1ti day of rtt;,r4.-, , 2000, by • ^^,, • ✓,r,. . - ,=Y,� "OFFICIAL SEAL Stephanie Hendricksen .z No blic ? ,y _ Notary Public Arizona I'� • Pima County My Commission Expires: \o My Commission Expires 3/25/, , J