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2000.0406.TCREMP.Packet
�O � NOTICE OF REGULAR AND EXECUTIVE SESSION o ao o OF THE 4 FOUNTAIN HILLS TOWN COUNCIL xbat>s A� A Mayor Morgan Vice Mayor Apps Councilman Wyman Councilman Mower Councilwoman Wiggishoff Councilman Poma WHEN: THURSDAY, APRIL 6, 2000 TIME: 6:30 P.M. WHERE: TOWN HALL COUNCIL CHAMBERS 16836 E. Palisades, Building B Councilwoman Hutcheson RULES FOR ADDRESSING THE COUNCIL — ADOPTED 1118190 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 - Don Lawrence - Christ's Church of Fountain Hills • ROLL CALL Consent Agenda: All items listed with an asterisk (`) are considered to be routine, non -controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda, they may request so prior to the motion to accept the consent agenda. The item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. Town Council Meeting Agenda Regular Session April 6, 2000 *1.) Consideration of APPROVING THE MEETING MINUTES of March 16 and 23, 2000. *2.) Consideration of the LIQUOR LICENSE APPLICATION submitted by Ruen-Shin Tzyh for the Sakura Inn located at 11883 North Saguaro Boulevard. The application is for a new Class 12 Restaurant license. *3.) Consideration of the SPECIAL EVENT REQUEST submitted by Richard Debernardis of the Perimeter Bicycling Association of America for the El Tour De Phoenix, a 70 -mile cycling event to be held on April 15, 2000. The annual event, held to raise funds for the Juvenile Diabetes Fund, will only pass through Fountain Hills via Shea Boulevard. No street closures will be required. *4.) Consideration of RESOLUTION 2000-13 pertaining to the submission of projects for consideration in Arizona's 2001 Highway Safety Plan. This resolution will allow the Marshal Department to apply for a grant in the amount of $14,040 for the purchase of a Kustom Speed Radar Trailer. *5.) Consideration of RESOLUTION 2000-14 pertaining to the submission of projects for consideration in Arizona's 2001 Highway Safety Plan. This resolution will allow the Marshal Department to apply for a grant in the amount of $25,374 for the purchase of a 2001 Ford Crown Victoria patrol vehicle. *6.) Consideration of RESOLUTION 2000-15 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easement located along the northerly and easterly property line of Plat 206, Block 7, Lot 24 (12235 N. Desert Sage Drive) as recorded in Book 147 of Maps, Page 2 records of Maricopa County, Arizona. EA00-12 (Ben & Marijke Boulware) *7.) Consideration of the PRELIMINARY AND FINAL PLAT for the 2 -unit Sunset View Condominiums, located at 12804 Mountainside Drive, Case Number S2000-011. *8.) Consideration of the FINAL REPLAT for Crestview at Fountain Hills Corrective Replat, which reconfigures several lots within the approved subdivision. Case #S2000-019 *9.) Consideration of the FINAL REPLAT of La Loma 3 at Eagle Mountain Condominiums. Case #S2000-009 10.) APPOINTMENT of Eugene Peters to the vacant seat on the Board of Adjustment. 11.) Consideration of APPROVING the Town Attorney's letter to the Arizona Corporation Commission supporting the acquisition of Chaparral City Water Company by American States Water Company and directing staff to submit the letter on behalf of the Town Council. 12.) 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 "IND -1" to the "C-2 PUD" Zoning District, Case Number Z99-24. 13.) 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 "IND -1" to the "C-2 PUD" Zoning District, Case Number Z99-24. 14.) Consideration of RESOLUTION 2000-17 abandoning a portion of the Laser Drive right-of-way, all of the Cosmic Drive right-of-way, and the abandonment of alley rights-of-way in Plat 412-A. 15.) Discussion and POSSIBLE ACTION REGARDING APPROPRIATION of $987,000.00 of public funds for economic development in connection with the Barclay project. The applicant has requested that the Council consider an appropriation of funds over a period of time to assist in the creation and enhancement of the economic welfare of the town. Town of Fountain Hills Page 2 of 3 Last printed 04/05/00 3:10 PM Town Council Meeting Agenda Regular Session April 6, 2000 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.) Consideration of RESOLUTION 2000-16, adopting a revised Village Bazaar Shared Parking Agreement that clarifies parking requirements for the development and rescinds Resolution 1999-61. 19.) Consideration of AUTHORIZING AN EXPENDITURE not to exceed $125,000 toward the development of a raised -grade activity area in Fountain Park. The development costs for the raised -grade activity area will be shared between Fountain Victoria Properties and the Town of Fountain Hills. 20.) Consideration of a COUNCIL INITIATED AMENDMENT to Section 5.11, Land Disturbance Standards, of The Zoning Ordinance for the Town of Fountain Hills, to exempt Columbaria, as an accessory use to a church, from the land disturbance regulations in Section 5.11, by Special Use Permit. 21.) Discussion of COUNCIL MEMBER REPLACEMENT/APPOINTMENT procedure including consideration of establishing an advertising period, setting a date for executive session interviews and setting a council meeting date when the appointment will be made. 22.) CALL TO THE PUBLIC Public comment is encouraged but please be advised that the Council has no ability to respond or discuss matters brought up during the Call to the Public as such discussion is prohibited by the Arizona Open Meeting Law. 23.) Pursuant to A.R.S. §38431.03.A.4., and A.R.S. §38-431.03.A.7., VOTE TO GO INTO EXECUTIVE SESSION for discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position in pending or contemplated litigation regarding the Town versus MCO Properties; AND discussions or consultations with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiation for the purchase or lease of real property with regards to the possible acquisition parcels in the McDowell Mountain; respectively. 24.) RETURN TO REGULAR SESSION. 25.) ADJOURNMENT. DATED this 31" day of March, 2000. 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. Town of Fountain Hills Page 3 of 3 Last printed 04/05/00 3:10 PM MEMORANDUM TO: THE HONORABLE MAYOR AND FROM: PAUL L. NORDIN, TOWN MANA( DATE: MARCH 31, 2000 RE: MANAGER'S REPORT FOR THE MARCH 16TH COUNCIL MEETING Reminders: One public hearing is on this agenda. An Executive Session will be held following this council meeting. A special Council Session is scheduled for Wednesday, April 12a', at 5:30 p.m. in Conference Room C to discuss the possible Via Linda extension. CONSENT AGENDA: There are nine items on the consent agenda. Please review each item and contact me should you determine any should be removed. AGENDA ITEM # 10 - APPOINTMENT OF BOARD OF ADJUSTMENT MEMBER: Mr. Eugene Peters has applied for the vacant seat on the Fountain Hills Board of Adjustment. The Mayor will officially appoint him at the meeting. See Joan's enclosed memo. AGENDA ITEM # 11- PRESENTATION OF AWARDS TO ADOPT -A -STREET COMMITTEE MEMBERS: Councilmember Pen Mower will present Certificates of Appreciation to six organizations that have continually participated in the Adopt -A -Street program since 1995. Sunrise Kiwanis, Noon Kiwanis, Lions Club, and Fountain Hills Rotary Club have participated since June 15, 1995. Coldwell Banker Success Realty has continually participated since June 21, 1995, and the Boy Scouts #343 since June 26, 1995. No memo regarding this item is attached. AGENDA ITEM # 12 - APPROVAL OF TOWN ATTORNEY'S LETTER SUPPORTING CCWC ACQUISITION: The sale of Chaparral City Water Company is proposed to Southern California Water Company, a subsidiary of the American States Water Company. Both CCWC and ASW have requested that Council consider forwarding a letter to the Arizona Corporation Commission supporting the sale. A draft copy of the letter is enclosed with Bill's memo. Town Manager's Report April 6, 2000 Council Meeting Page 1 of 3 AGENDA ITEMS # 13, #14, #17, & # 18 - PUBLIC HEARING/ORDINANCE 00-06/ REZONING 28.6 ACRES FROM IND -1 TO C-2 PUD CUT AND FILL WAIVER/ PRELIMINARY PLAT/36.42 ACRES/SHEA RETAIL CENTER: A public hearing is on the agenda to gather input regarding the rezoning of the Shea "Retail Center" property currently zoned IND -1 to C-2 PUD. Council will also consider the cut/fill waiver and preliminary plat for the 10 -lot development. Staff is recommending denial of the alternative methodology request and the substitution of a stipulation that the applicant acquire other lands in Town and transfer the disturbance allowance to the Shea "Retail Center" under the subdivision ordinance. Jeff s detailed report is attached. AGENDA ITEM # 15 - RESOLUTION 2000-17/ABANDONMENTS OF LASER DRIVE ROW, COSSMIC DRIVE ROW, AND ALLEY ROW: Councilmembers are probably aware of the significant amount of controversy that has arisen relating to the abandonment of Laser Drive. Staff continues to recommend that Laser Drive be abandoned. Attached is a traffic engineering report detailing why the Laser Drive closure is in the best interest of the motoring public. Also enclosed is Jeffs report on this item. In brief, the enclosed engineer's report concludes that, due to Technology Drive's superior design, the Laser Drive closure is preferred. The closure of Laser Drive will reduce the Saguaro Blvd. traffic burden by approximately 52 percent, and eliminate all industrial park traffic currently using Saguaro Blvd. I have received letters from a FireRock resident and business owner concerning this issue. Copies of these letters are enclosed. AGENDA ITEM # 16 - SALES TAX REBATE FOR SHEA RETAIL CENTER: Information regarding this agenda item will be distributed to you by Bill Farrell next week. AGENDA ITEMS # 17 & # 18 - CUT AND FILL WAIVER/PRELIMINARY PLAT/36.42 ACRES/SHEA RETAIL CENTER - SEE ABOVE. AGENDA ITEM # 19 - RESOLUTION 2000-16/SHARED PARKING AGREEMENT: The Village Bazaar shared parking agreement (Resolution 1999-61) was approved by Council on December 16, 1999. Additional clarification language is included in the revised agreement. The revised language also reserves a portion of this parking lot for Fountain Park patrons. To simplify paperwork, staff recommends that Council revoke Resolution 1999-61 and adopt Resolution 2000-16. Please refer to Jeffs memo. AGENDA ITEM # 20 - EXPENDITURE FOR RAISED GRADE ACTIVITY AREA IN FOUNTAIN PARK: Council will consider the appropriation of $125,000 to provide a new site for events such as Concerts in the Park, because the existing site will be developed for the parking lot for the Manager's Report April 6, 2000 Council Meeting Page 2 of 3 Park. In addition to the proposed Town's contribution, the developer would contribute a comparable amount towards developing the raised grade activity area. Please refer to Jeffs enclosed report. AGENDA ITEM # 21- COUNCIL INITIATED AMENDMENT/EXEMPT COLUMBARIA BY SPECIAL USE PERMIT: Councilmember Sid Apps has requested that Council consider initiating an amendment to the zoning ordinance to exempt columbaria as an accessory use to a church. A special use permit would be required for the exemption. Jeffs report is attached. AGENDA ITEM # 22 - DISCUSSION OF COUNCILMEMBER REPLACEMENT APPOINTMENT PROCEDURE: Councilmember Apps has requested this item be placed on the agenda for discussion purposes. No report is attached. AGENDA ITEM # 24 - EXECUTIVE SESSION: Town Attorney Bill Farrell will provide the required information to you next week. Manager's Report April 6, 2000 Council Meeting Page 3 of 3 Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATION Date: MARCH 30, 2000 Re: AGENDA ITEM #2 — SAKURA INN LIQUOR LICENSE AGENDA ITEM #3 — EL TOUR DE PHOENIX SPECIAL EVENT REQUEST AGENDA ITEM #2 — SAKURA INN LIQUOR LICENSE APPLICATION: Ruen-Shin Tzyh has submitted an application for a Class 12 Restaurant liquor license for the Sakura Inn located o Boulevard. A Class 12 stipulates that the sale of alcohol is incidental to the f s shows that at least 60% of the operation is devoted to food service. P 7 licenses are not subject to the 300 -foot rule that prohibits a retailer's feet of a school or church. Marshal Gendler has performed his yri'dinves,n`a,a" igatio�nd a favorable recommendation based on statutory compliance. The i ` been postf"for the sta enty days and no written pro/con arguments have been received a own Hall. COM t rahi beV�lo me Director Jeff Valder verified that the zoning is appropriate for the resU e previously used for a restaurant with a Class 12 license (Que NIX SPECIAL EVENT: sial �d�sla_ a aserpe f requests! Richard J. DeBernardis of the Perimeter Bicycling i Ameriia the request for the EI Tour de Phoenix, a 70 and 25 -mile bicycling eve t i I y, April 15, 2000 from 7:00 a.m. to 3:00 p.m. The good news is the event ntain Hills, traveling east on Shea Boulevard to the Beeline Highway. The event will re Deal law enforcement personnel since the event coordinators use off-duty MCSO officers. No streets will be closed. Marshal Gendler will make sure that the route within Fountain Hills has adequate coverage to satisfy his safety requirements. Staff recommends approval. Page 1 of 1 April 6, 2000 Agenda Items Last printed March 30, 2000 5:57 PM March 30. 2000 Town of Fountain Hills Memorandum TO: Cassie Hansen FROM: Steve Gendler DATE: March 9, 2000 SUBJECT: Liquor License Application — Sakura Inn ------------------------------------------------------------------ The purpose of this memorandum is to provide an endorsement of the attached liquor license application for the "Sakura Inn" to be located at 11883 Saguaro Boulevard. It is my understanding that the application is scheduled for consideration the council session on April 6th. 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 that liquor sales be incidental to the food service. A review of the proposed floor plan, as well as a site inspection, clearly shows that over 60% of the establishment will be devoted to service of food. In addition, the facility previously served as a restaurant which held a class 12 license. A Class 12 license is exempt from restrictions relating to churches, schools and nearby liquor establishments. However, while the applicant shows only a convenience store within a one- half mile radius, there are in fact two class 12 licenses, a class 6, and a class 10 in the immediate area. These licenses are consistent with the commercial zoning and do not represent a proliferation issue in this case. The applicant, Ruen-shin Tzyh, is an Arizona resident under the provisions of ARS Title 28. I have verified that she has no outstanding wants or warrants. Additionally, the owners have applied for and received a Fountain Hills business license (#3035) for the proposed restaurant. 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, and that the owners have procured a Fountain Hills business license, I recommend approval by the council at the April 6`h Council meeting. ARIZONA DEPARTMENT OF LIQUOR LICENSES 800 W Washington 5th Floor Phoenix AZ 85007-2934, �' '� T (602) 542-5141 s, ✓ Owr APPLICATION FOR LI AOR LT'CENSI � 01 � , & CONTROL 400 W Congress #150 ucson AZ 85701-1352 (520) 6RLIVED MAR TYPE OR PRINT WITH BLACK INK T6WN CLERK 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 attenpnce within the last five years. See page 5 of the Liquor Licensing requirements. t- t% - {- c_ 3 -6 -co SECTION 1 This application is for a: SECTION 2 Type of ownership: ` 3-&-)O-p° 'ro (,ounr..,� 4-U-00 INTERIM PERMIT CoMRl�te S,� .thon S ❑ J.T.W.R.O.S. Complete Section 6 NEW LICENSE Complete Sections 2,3 , 4,13,14, 15,16,17 ❑ INDIVIDUAL Complete Section 6 ❑ PERSON TRANSFER (Bars & Liquor Stores ONLY) ❑ PARTNERSHIP Complete Section 6 Complete Sections 2, 3, 4,11,13,15, 16,17 R CORPORATION 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 ❑ CLUB Complete Section 8 ❑ PROBATE(WILL ASSIGNMENT/DIVORCE DECREE ❑ GOVERNMENT Complete Section 10 Complete Sections 2, 3, 4, 9,13,15,17 (fee not required) ❑ TRUST Complete Section 6 ❑ GOVERNMENT Complete Sections 2, 3, 4,10, 13,15,16, 17 ❑ OTHER Explain SECTION 3 Type of license and fees: LICENSE #: / eay8A� ,�lT Q r— 1. Type of License: / 1 �S /,�}Ll�';�i ( 2. Total fees attached: $ 7 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) SECTION 4 Applicant: (All applicants must complete this section) , Mr. %� 1. Applicant/Agent's Nam' . 1 z t H 3 f.( �hi -,S H l PJ (Insert one name ONLY to appear on license) fast First Middle 2. Corp./Partnership/L.L.C.: C -k i 0w S 7�6 (Exactly as it appears on Articles of Inc. or Articles of Org.)' Business Name: Al A _ (Exactly as it appears on the exterior of premises) 4. Business Address: III OPA, r'J 7.2.6 - (Do not use PO Box Number) City COUNTY Zip 5. Business Phone: �� - 2 Residence Phone: 6. Is the business located within the incorporated limits of the above city or town? AYES [--]NO 7. Mailing Address:%�� �/ 111i ,SGGA 4 6 0 L L..G`" F06c NT+/ &/ d -14LS City state zip 8. Enter the amount paid for a 06, 07, or 09 license: $ (Price of License ONLY) Accepted Fees: ,1962,,60 ,1962,,60 XOW, Wil) Application Interim Permit DEPARTMENT USE ONLY Date: Agent Change Club Lic. # /zz) S'� .✓ F. Prints TOTAL PROCESSING APPLICATIONS TAKES APPROXIMATELY 90 DAYS, AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WAITING PERIOD. YOU ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING, ETC., BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. LIC 0100 05/1999 *Disabled individuals requiring special accommodation, please call the Department. SECTION 5 Interim Permit: 1 -7f you intend to operate business while your application is pending you will need an I[rteru�l Pit psuant to A.R.S. 4-203.01. Lere MUST be a valid license of the same type you are applying for currently issued toathe l ation. . a J l is NA u7j 3. Enter the license number currently at the location. 4. Is the license currently in use? � YES ❑ NO If no, how long has it been out of use? ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION. fflz tt -e'X4_ I C "'_ /P ,'j 9 7 '�F L- ` c° 'A , declare that I am the CURRENT LICENSEE of the stated license and (Print fill name) location . I have read this application and the contents and all statements are true, correct and complete. iState of 142'.. County of X �'` The foregoing instrument was acknowledged before me this (Sign tore) -2 S day of "OFFICIAL. SEAL" Day of Month Month Year Unda Cheivenka P one My commission ex My Commission �l¢tlfeS i (Signature of NOTARY PUBLIC) SECTION 6 Individual or Partnership Owners: I V Ik I� PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EA( 1. Individual: First % Owned Residence Ac Partnership Name: (Only the first partner listed will appear on license) r :...:,-A r — Ekst Middle % Owned State Residence Address City State Zip UC11G1C1-LiunlGu __ _ ❑ ❑ % % ❑ ❑ ITIONPr Q14PPT tF NWIFCSARYI (ATTACH ADD Is any person, other than the above, going to share in the profits/losses of the business? ❑ YES ❑ NO 2 SECTION 1 Corporation/Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EA CARD. CORPORATION Complete questions 1, 2, 3, 5, 6, 7, 8 k7 i ;7 ❑ L.L.C. .Complete questions 1, 2, 4, 5, 6, 7 and attach copy »f Ak1rles of Org. and Operation Agreement. 1. Name of Corporation/L.L.C.: %n/7��pR/ut-'- � N F� h �1 � ` t - t i (Exactly as it appears on Articles of Inc. or Articles of Org.)�� 2. Date Incorporated/Organized: AAAI % M State where Incorporated/Organized: r/ z0AI 3. AZ Corporation Commission File No.: Jr% JC' Date authorized to do business in AZ:- 4. AZ L.L.C. File No: A %A Date authorized to do business in AZ: _ly/4 5. Is Corp./L.L.C. non-profit? ❑ YES)9N0 If yes, give IRS tax exempt number: N Pl 6. List all directors/officers in Corporation/L.L.C.: T t~:-, Middles Mile Residence Address Citv State Zio (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders or controlling members owning 10% or more: T > ;ter Middle, % Owned Residence Address Citv State ZiD 7 �l �- �� 1l P,65106nl F-00"--fAlly /a 4� IV J11A D& EEIV43 C�0 z .mss_ 14- M rN G �SEcRGrA->z( . V iso. pk ` I /6'�v AA - " � A G LUQ. -#:/' �� ��r�,(/ Ah (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders or controlling members owning 10% or more: T > ;ter Middle, % Owned Residence Address Citv State ZiD 7 �l �- �� 1l � qo ��trJ7%J-rni tel 4i/ I/i 2 6- �a (A11AUH AULAHUINAL 3x1=1 1r INM—rZ31AM 1) 8. If the corporation/L.L.C. is owned by another entity, attach an ownership, and director/officer/members disclosure for the parent entity. Attach additional sheets as necessary in order to disclose real people. SECTION 8 Club Applicants: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EA( CARD. 1. Name of Club: (Exactly as it appears on Club Charter) 2. Is club non-profit? ❑ YES ❑ NO If yes, give IRS tax exempt number: 3. List officer and directors: Date Chartered: (Attach a copy of Club Charter) (ATTACH ADD17`10NAL SHEET IF NECESSARY) 3 SECTION 9 Probate, Will Assignment or Divorce Decree of an existing Bar or Liquor Store: n/ /A 1. Current Licensee's Name: ( as it appears on license) Last Fust . Middle Assi ee's Name: Last FustA 1 ! ' ; i Middle 3. License e: License Number: Date of Last Renewal: 4. ATTACH T THIS APPLICATION A CERTIFIED COPY OF THE WILL, ' BATE 01I T)2IBbiWN INSTRUMENT, OR DIVORC DECREE THA SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE TO THIS APPLICATION. SECTION 10 Gov menta (for cities, towns, or counties only) //A 1. Person to administer this lice Last First Middle 2. Assignee's Name: Last First Middle A SEPARATE LICENSE MUST BE O TAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS LIQUOR IS SERVED. SECTION 11 Person to Person Trans r: j Questions to be completed by CURRENT LIC NSEE (Bars and Liquor Stores ONLY). r 1. Current Licensee's Name: Entity: di Inv., (Exactly as it appears on license) last ust Middle (Agent, etc.) 2. Corporation/L.L.C. Name: (Exactly as it appears on license) Current Business Name: C: (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? ❑ YES ❑ \heb 8. Does the applicant intend to operate the business while this application is pending? ❑ YES ❑ e section 5, attach fee, a current license to this application. 9. I hereby relinquish my rights to the above described license to the applicant named in this appeclare that the stateme made in this section are true, correct and complete. I, declare that I am the CURRENT LICENSEE have read this (Print full name) application and the contents and all statements are true, correct and complete.State of f X The foregoing instrument was acknowledged fore me this (Signature of CURRENT LICENSEE) day of Day of Month Month I' My commission expires on: (Signature of NOTARY PUBLIC) II I SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) 9114 - APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE. 1 Current Business Name and Address: Exactly as it appears on license) 2. New Business Name and Address: (Do not use PO Box Number) 3. License Type: / License Number: 4._,Wat date do you plan to move? Last Renewal Date: What date do you plan to open? SECTION 13 Questions for all in-state applicants: 1. Distance to nearest school: 13, 2 v r ft. Name/Address of school: Fc>(,NiA.Zti/ HILLS 1-110H SCHo P Z_ (regardless of distance) %6-lc'o1-L . P4415AV E5 3i LLQ. ;z:�vUti'TA AI 2. Distance to nearest church:/cam E ft. Name/Address of church: T//F E)tIivTA.TA; 0,4' z A'I7-,r-D 1q TH >DI5i ClAekle, (regardless of distance) 3. I am the: LESSEE O SUBLESSEE O OwNER O PURCHASER (of premises) (ow the premises is leased give lessors name and address: V L-, ;JCA W k /AIS . Ilk -9,5 IV; {SPr6UAP0 BLUlf LA& -7',A 1 AJ 14I11�, z PS -, 6 r 4a. Monthly rental/lease rate $ / `% 5 What is the remaining length of the lease? S yrs. Z> mo 4b. What is the penalty if the lease is not fulfilled? $ or other r / o.nerg f" (give details - atta additional sheet if necessary) 5. What is the total business indebtedness of the applicant for this license/location excluding lease? $ Does any one creditor represent more than 10% of that sum? O YES NO If yes, list below. Total must equal 100%. Last Fust Middle % Owed Residence Address City State ZiD (ATTACH ADDMONAL SHEET IF NECESSARY) 6. What type of business will this license be used for? (BE SPECIFIC) &S %/ u ljlF 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? O YES X NO If yes, attach explanation. Does any spirituous liquor manufacturer, wholesaler, or employee, have any interest in your business? OYES K NO Ws' the premises currently licensed with a liquor license? PYES O NO If yes, give license number and licensee's name: # ��Z ��II`` 4- (Exactly as it appears on license) `Lpyc—>r z& L1 ! SECTION 14 Restaurant, or Hotel -Motel Applicants: 1. Is there a valid restaurant or hotel -motel license at the proposed/location? A YES ❑ NO If yes, give licensee's name: c ► i i^_ C �C� �% ►c5 and license #:0 . 0 , Last Firs[ Mddle 2. If the answer to Question 1 is YES, you may qualify for an Interim Permit�to ope to wile your aq(, ation is pending; consult A.R.S. Section 4-203.01; and complete Section 5 of this application. 3. All restaurant applicants must complete a Restaurant Operation Plan (Form LIC0114) provided by the Department of Liquor. 4. Do you understand that 40% of your annual gross revenue must be from food sales? A YES ❑ NO SECTION 15 Diagram of Premises: (Blueprints not accepted, diagram must be on this form) Check ALL boxes that apply to your licensed premises Entrances/Exits Liquor storage areas ❑ Drive-in windows Patio enclosures ❑ Service windows Under construction: estimated completion date /%a„ -c 1 t3 j ,2000 2. Restaurants and Hotel/Motel applicants must explicitly depict kitchen equipment and dining facilities. 3. The diagram below is the only area where spirituous liquor is to be sold, served, consumed, dispensed, possessed, or stored. Give the square footage or outside dimensions of the licensed premises. DO NOT INCLUDE PARKING LOTS, LIVING QUARTERS, ETC. YOU MUST NOTIFY THE DEPARTMENT OF LIQUOR OF ANY CHANGES OF BOUNDARIF ENTRANCES, EXITS, OR SERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM. 0 / r t a i t t e � i �U M w Q w '-rwv QHUr TECTS rN-,, L i I 3% ' b �U M J W ( Y o m � O �l i 4 u o'R O STDR.d t, E glA17, N w LU t S P,46E N SECTION 16 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. List below the exact names of all churches, schools, and spirituous liquor outlets within a one half mile radius of your proposed location. l c�LS5 C 2. 3. 4. 5. 1 , �! 6. G1!{�� �7; i i i b4 If I s 4; Re 7.2 65 I 1� tt'Y1 8. 4C- 9. 10. 11. 12. 13. 14. 15. TACH ADDITIONAL SHEET IF NECESSARY) SECTION 17 Signature Block: A = Your business name and identify cross streets. I, i.�llil, -Shin'-Al , declare that: 1) I am the APPLICANT (Agent/Club Member/Partner), making this (unaof APPLICANT/AGENT lis tion 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. 12z- 1 State of Y 1County of X / The forego' g instrument was acknowledged before me this Or�ict) , day o� ai 1 . ���. EILEF P L_._. VEOLa—.Myn Year > . NOTARY MAfuk--At'XIIANTY4My co &Qnr�p (Signature of NOTAR PUBLIC) 7 SAMPLE GEOGRAPHICAL DATA Cthe area adjacent to the map provided below indicates your proposed location. d the exact names of all churches, schools, ji cp p eel c beverage outlets within a 1/2 mile radius of your proposed location. (See example below) w'1 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 07 Pizza Perfect Series 07 08 Billy Bobs Bar Series 06 09 St. Anthonys Church Ce St. Anthonys School 11 Burbank Middle School Mi. 12 First United Baptist Church 13 1 15 A.R.S. Section 4-207.A reads as follows: Mi. Mi. Mi. A. No retailers license shall be issued for any premises which are. at the timc 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 hundred(300) horizontal feet of a fenced recreational area adjacent to such school building. ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-29340C-„-, c Tucson AZ 85701-1352 (602) 542-514V '` � ,,, (520) 628-6595 A7 1 !„rl � HAY 'd -MOTEL AND RESTAUWT LI0E--N,. 'EJO 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 checks 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 12. Payroll Records Ia Copies of all reports required by the State and Federal Government FES S 3 2.11 i 01 'CIO B. Employee Log (A.R.S. 4-119) C. Employee time cards (actual document used to sign in and out each work day) 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 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): SYN X.t4g-� 'SN l �j - Last First Middle have read and fully understand all aspects of this statement. State of /'" 1e% <�Z/t)rr County of ZO j The foregoing instrument was acknowledged before me tftis X v day of J azoo (Signature of Lic(Tsee/Agent) Day of Month. (� Month Ye r- EILEEN SHARP MrMen�issi�z�rcapir on: wwR COPA COUMY Day of onth Mon Year (Signature of NOTARY My Comm, Expires Jury 14, 2002 MAKE A COPY OF THIS DOCUMENT AND KEEP IT WITH YOUR DLLC RECORDS z�i e Am O y co g F. z m m W O F N Oi n C6 ssas NI30RTSN S f4 cm g1giaIa�y1$111 UD 0 O O✓r O O� O C I Nm K m °a J � a CD 0 Z � O Q Z6 H ai�0W�O � t $I ome �IRRRS O Im $ ssas NI30RTSN S f4 cm g1giaIa�y1$111 UD 0 O O✓r O O C I Nm N °a J � �y CD 0 � � VJ E C7 D t $I ome �IRRRS O Im $ �.- ssas NI30RTSN S f4 cm g1giaIa�y1$111 UD 0 O O✓r OS 0 0M r2 W N � J � CD Wa � � VJ C7 D t $I ome �IRRRS O fj, H $ OO o0 FU up p z p CQd Qi ssas NI30RTSN S f4 cm g1giaIa�y1$111 UD 0 O O✓r O Ln OS 0 0M r2 W C6 � J � O rd Wa � � VJ C7 D U] O O O W $ OO o0 FU up p z p rn CDT Z O a$ z O H rn rn � N VV � guy xx w W cEA Erno Ifl IS °= 88 E Izo O Ln O m O 0 O 0 0M r2 W O a J � O rd � I C7 D U] O O O W of OO o0 FU p z p W a$ z O H rn rn WIC W W O8 88 O m O 0 0�7 $i 0 0M r2 0 IN z � S O O O FU p z p a$ z O 1. V 2. ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934Tucson AZ 85701-1352 (602) 542-5141 r'' (520) 628-6595 RESTAURANT OPERATION PLAN LICENSE # List by Make, Model and Capacity of your: Grill Oven Freezer f1r'Ee j 7- Refrigerator v e rklT ti ter✓ r Cz� , i 2 - Sink -D U0MFW-bYliav `�l� : j n 2 Dish Washing lj sti z b 4Yr,� �k zs�C t Facilities Food Preparation Counter (Dimensions) Other Print the name of your restaurant: ' S K aiC 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 [ + F ] C. Total area of your premises [ 5-3 ] 5. What type of dinnerware and utensils are utilized within your restaurant? 'A Reusable ❑ Disposable 6. Does your restaurant have a bar area that is distinct and separate from the restaurant seating? (If yes, what percentage of the public floor space does this area cover). jw"',,' Yes "® % ❑ No 7. What percentage of your public premises is used primarily for restaurant diniC? P, (Does not include kitchen, bar, cocktail tables or game area.) Y D % *Disabled individuals requiring special accommodations, please call the Department t;coi 14 05/1999 Does your restaurant Contain any games or television? ❑ Yes [ No (If yes, what types and how many? Pool tables, Video Games, Darts, etc.) (iiiiw r:O 9. Do you have live entertainment or dancing? ❑ 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. fit 7"C1/ 6W Pwok6 -3 L 0 0 k.s -L /ALL LEZ li l Ai Ric Ll -rOi I, II 14E- Al f- Skl I &) (7- y %/ , 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 co Tete. ` --F,-,2- State of j �— Countyof. The foregoing instrument was acknowledged before W this (Signature of APPLICANT) � day of V� 2 p D Year My commission expires on:: (Signature O ARY P C) *my OFFIC AL SEAL EILEEN SHARP NOTARY PUBLIC -ARIZONA MARICOPA COUNTY Comm:Expires July 14, 2002 r.. 2 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-514.1 (520) 628-6595 la t j — QUESTIONNAIRE'" u 0 if? 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 subsenuent 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 BL DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. There is a $24.00 processing fee for each fingerprint card submitted. A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) TYPE OR PRINT WITH BLACK INK 1. Check appropriate Owner, Agent, Partner, Stockholder, Member or Officer ❑ Manager(Only) box (Complete Questions 1-16 & 20) (Complete All Questions except # 10,10a & 21) Licensee or Agent must complete # 21 for Manager Licensee or Agent must complete # 21 T Ia. Name: / ZIM %'1160 —,SYIAlDate of Birth: '711 1,�e 5 Last Fu /� st Middle 2. Name of Licensed Premises: 15A- k / 1 1 %f lV Premises Phone: 7- 3. - 3. Licensed Premises Address: Street Address (Do not use PO Box #) City 4. Drivers License #: 6 0 %% --2- 5.3(� State kk,284 ?5-26AJquor License #� ounty Zip (If this location is currently licensed) Residence Phone: (jL ) il--3 7 - Zjf V Height: r/ Weight: 00 Eyes: .6LK Hair: 6Lr< PlaceofBirth: BILK /K& City State 5. Name of Spouse: 14 rR C HI A — M1N& Date of Birth: % Last First Middle Maiden 6. You are a bona fide resident of what state? A K/ZONA If Arizona, date of residency: , f you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. 8 di 1 f b d thef (5) f unemployed art f thetime, n cate our em o nt or o business during past five (ATTACH ADDITIONAL SHEET IF NECESSARY) 9. Indicate vour residence address for the last five (5) years: 0 FROM Month/Year ears, t unem o e o me, so s tate. L1St most recent I st. FROM Month/Year TO MondVYear DESCRIBE POSITION OR BUSINESS EMPLOYER'S NAME OR NAME OF BUSINESS (Give street address, city, state & zip) bL CURRENT DWtjG-r,- !4-41 -41 N , L 1tN t us• yZ�< [Ij 4N, 2 i� i .S y !v 6 m PLO Yen, A- �461 >c . 5 &.5A -MC— t N 14 �S c.1. . b, sL�s 'i416 H sCPCVL -r�- P� /�L (ATTACH ADDITIONAL SHEET IF NECESSARY) 9. Indicate vour residence address for the last five (5) years: 0 FROM Month/Year TO Mondaear RESIDENCE Street Address City State Zip bL T 1Z-+ I 1� . VIP- ,.L 7,61 Awl M6 vjY qz- 0-Ec /16 16657 E. 61-W5-fGt11- DR. IF:z ,:; 2 sL�s AZ e5-268 Ad(( 115 l6E 3� !), 5S7"y S'7-. 4,20.53 CCT75OAtE A Z 95,5 LIC 0101 05n999 Disabled individuals requiring special accommodations please call (602) 542-9051 If Lqu checked the Manager box on the front of this form skip to # 11 10. As an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating YES EINO the Lcensed premises ? If you answered YES, how many hrs/day' , answer #10a below. If NO, skip to #11. 10a. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) 5 YES ❑ NO If the answer to # 10a is "NO", course must be completed before issuance of a new license or approval on an existing license. lave you EVER been detained cited arrested indicted or summoned oto , urt far vtoltion of A law or disposition if dismissed or expunged)? For traffic violadons,4xclude only ❑ YES/W NO ordinance (regardless of the even those that were alcohol andlor drug related � J I C1 f t ''d 12. Have you EVER been convicted, fined posted bond been ordered to deposit bail, imprisoned had sentence ❑ YES ONO 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 andlor drug related. 13. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or ❑ YES JW 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 ❑ YES ONO had a business, professional or liquor APPLICATION OR LICENSE rejected, denied, revoked, suspended or Lined 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 ❑ YES fXNO involved fraud or misrepresentation of a business, professional or liquor license? 16. Are you NOW or have you EVER held ownership, been an officer, rpember, director or manager on any other 12-6 7 YES ❑ 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 (Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑ YES ❑ NO VKhe 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 20. I, 1(CZ�>y SW A) TE I N , 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 County of 1 The foregoing instrument was a�/cknowledged before me this day of _� Jit; /�.✓ Wth , Z " Dav dMomh _ - 7Jdt i�Yeaz FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPROVING A MANAGER APPLICATION Licensee or Agent Approval of Manager 21. I, Print Licensee/Agent's Name): Last Middle Fust Hereby authorize the applicant to act as manager for the named liquor license. (Signaare of LICENSEE/AGENT) My commission expires State of County of The foregoing instrument was acknowledged before me this day of , Day of Momh Momh Year 9e1wq1w1t1e,r,p-#1;9a oqll, at v✓tiate of lai"'Iwl'ia4eloa. Oateof,lirYX,.-JULY 01, 1945 ,fez.' MALE 5jet, 07 far&a1.Vat&4t' MARRIED TAIWAN 24494 77 :r-LURTA a tt -, �T✓1if�t�glirl�atiotu 10 A42 '540 654 t", tAe a��z�� . qz2�ea 4c a /,Xvwjs � , el ........... at,: PHOENIX, AZ 14 RUEN SHIN TZYK oYm mzw vrtitledto-Ge�d..ultedea. U.S. DISTRICT COURT ...FOR*THHDISTR�CT,O-F ARI;QNA7,..) '-t7tqOi ai�: PHOENIX AZ JIM& A's. .. t/aGsuc/%buxo�i�aliin�tt�tda6�u�iire2oJ IT :S PUNISHABLE BY U SLAW TO COPY. . PRINT OR 2HOTOGR 4 PH THIS CERTIFICATE. .............. .......... WITHOUT LAWFUL AUTHORITY, License 601962536 issued 06/20/1998 Expires 07/01/20M m rives., BR Weight 5-07 DRIVER LICE ''-.. " Hair SA - Weight 185 Birthdate RUEN SHIN TM!i�- 12411 N NAA DE PAN$V�DO .07/01/194§. FOUNTAIN FNLLS AZr. 9e1wq1w1t1e,r,p-#1;9a oqll, at v✓tiate of lai"'Iwl'ia4eloa. Oateof,lirYX,.-JULY 01, 1945 ,fez.' MALE 5jet, 07 far&a1.Vat&4t' MARRIED TAIWAN 24494 77 :r-LURTA a tt -, �T✓1if�t�glirl�atiotu 10 A42 '540 654 t", tAe a��z�� . qz2�ea 4c a /,Xvwjs � , el ........... at,: PHOENIX, AZ 14 RUEN SHIN TZYK oYm mzw vrtitledto-Ge�d..ultedea. U.S. DISTRICT COURT ...FOR*THHDISTR�CT,O-F ARI;QNA7,..) '-t7tqOi ai�: PHOENIX AZ JIM& A's. .. t/aGsuc/%buxo�i�aliin�tt�tda6�u�iire2oJ IT :S PUNISHABLE BY U SLAW TO COPY. . PRINT OR 2HOTOGR 4 PH THIS CERTIFICATE. .............. .......... WITHOUT LAWFUL AUTHORITY, I DQUkEtTAO-LE TALFI amawim CDLWAITPI= Vof"#Loyufs MOW ONLY 4 mmmaf mm co Q atha LESS FEB j THIS A1USA045365183<01<9605<<<<<<<< 4807012F0605173<<<<<<6B47F3238 TZyH<<CHIA<MING<<<<<<<<<<<<<<< YOU MUST F9OW A CIM M OF AODREW WFn4ft W DAYS Lkwme C. Endomomffts Nom Restrictions A C.,WLenses r� WW7 1 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Waslnngton 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141(W 1 t`'"` ° (520) 628-6595 CERTIFICATION OF COMPLETED 'ALCOHOL TRAINING PROGRAM(S) ORIGINALS OF THIS FORM FROM DLLC-DO NOT PHOTOCOPY TYPE OR PRINT WITH ALCOHOL TRAINING PROGRAM INDIVIDUAL INFORMATION T2 Date Training omplete Rye -w 5 t�-1 r.i S TYPE OF TRAINING COMPLETED ❑ BASIC ff ON SALE [2 MANAGEMENT ❑ OFF SALE El BOTH ❑ OTHER IF TRAINEE IS EMPLOYED BY A LICENSEE: NAME OF THE LICENSEE C4,� A BUSINESS NAME LIQUOR LICENSE NUMBER me�!A city ALCOHOL TRAINING PROGRAM PROVIDER INFORMATION Rio IMc�,a Cin sus i;�.-1z Company or Individual Name L 44S Address State I S__W Zip "o) 030 -ZZb % I Certify the above named individual has successfully completed the specified program(s). zg 1 z Date 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 TODAY OPERATION OF THE BUSINESS. %pperoof of attendance within the last rive 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. uc 1021 01/1999 Disabled individuals requiring special accommodations please call (602) 542-9051 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 (520) 628-6595 QUESTIONNAIRE READ CAREFULLY, THIS INSTRUMENT "WDi2P1 DOkU,WOf , An extensive investigation of your background will be conducted. False or incompete 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 BI DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. There is a $24.00 processing fee for each fingerprint card submitted. A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) TYPE OR PRINT WITH BLACK INK 1. Check appropriate Owner, Agent, Partner, Stockholder, Member or Officer ❑ Manager(Only) box (Complete Questions 1-16 & 20) (Complete All Questions except # 10,10a & 21) _ Licensee or Agent must complete # 21 for Manager Licensee or Agent must complete # 21 1 a. Name: l !� i y t_._. Date of Birth: Last Fust Middle 2. Name of Licensed Premises: s� k`LkA I N A/ Premises Phone: c) '�37-_�e 3. Licensed Premises Address: krt=LLAfn 6LI),r). AjA-P-1i`.n0A. 9-�;26Liquor License # Street Address (Do not use PO Box #) Ci Crwnty Zi (If this location ids cu[rently licepnse�d) 4. Drivers License #: 61 3 a State Residence Phone: J' Height: ' I Weight 140 Z4 Eyes: Hair: Place of Birth: City State i51 Name of Spouse: /t-3 /f3 Date of Birth: �l Last Fust Middle Maiden ou are a bona fide resident of what state? A-tz i Z.0 N If Arizona, date of residency: _ AgF, �f 73 7. If you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. S. Indicate your employment ortype of business during the past five (5) ears, if unemployed part of the time, so state. List most recent 1 st. FROM Month/Year TO MonhTear DESCRIBE POSITION OR BUSINESS EMPLOYER'S NAME OR NAME OF BUSINESS (Give street address, city, state & zip) jE� rb CURRENT ,MA Al A Cr r—R ylA y/9- Criza'� ticv l95 hE6/�� AIA c7Ek ��ti' CH.�iv'C� /��STAIJ,E/kivT z 6 5, P040 - 5 T"wEl.gjc A;pi'19S 6,cor"I—ci< Tokyo rti.i' indicate ADDITIONAL SHEET IF NECESSARY) 9. indicate your residence address for the last five (5) years: 7 FROM Month/Year TO Month/Year RESIDENCE Street Address City State Zip FEIg S CURRENT � D`�&' � ,SIj-C-q./kQGr 131 Uy7: # _ LW4 71a'l� l.(`.: 1 _ p2j-V , .0 c5 Az- Irre8 41TUNE 9c, r 51 Elk t�} 3 ucotot 05n999 Disabled individuals r1quiring special accommodations please call (602)'542-9051 If vou chticked the Manager box on the front of this form skip to # 11 10. M an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating VQ YES LJNO the licensed premises ? If you answered YES, how many hrs/day?_6, answer #10a below. If NO, skip to #11. 10a. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) PD YES ❑ NO If the answer to # 10a is "NO", course must be completed before issuance UP. new license or approval on an existing license. Save you EVER been detained, cited arrested, indicted or summoned it►tq corrir violapon of ANY law or ❑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 '01 E5 0 12. Have you EVER been convicte4 fined. Posted bond been ordered to deposit bai4 imprisoned had sentence ❑ YES Y(NO suspended. Placed on probation or parole for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traf£c 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 ❑ YES 1 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 ❑ YES #N0 had a business, professional or liquor APPLICATION OR LICENSE reiected denied revoked, suspended or Lined 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 ❑ YES K NO 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 A(YES TO liquor license in this or any other state? t fir, �''kA 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 (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 20. I, 1 l , hereby declare that I am the APPLICANT filing this questionnaire. (Print full game of Applicam) I have read this questionnaire and the contents and all statements are true, correct and complete. State The foregoing ZZ, County of rn_ e£f e cue � regoing instrument was acknowledged before me this (Sipattue of Applicant) "O�F{�FICIAL SEAL" �S day of �``- n • �v Ueda Chevenka Day ofMotah Mooch Year My commission expires on: No'�ainona Daybof ' ICY 3�j31 .---day of NOTARY PUBLIC) •. FILL IN THIS SECT YUU + A LICENSEE OR AGENT APPROVING A MANAGER APPLICATION Licensee or Agent Approval of Manager 21. I, (Print Licensee/Agent's Name): Last uereby authorize the applicant to act as manager for the named liquor license. (Sipam of LICENSEEIAGENT) My commission expires Midflle Fust State of County of The foregoing instrument was acknowledged before me this day of , Day of Mowh Month Day of Month Month Year (Signature of NOTARY PUBLIC) Year ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor_ 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 �� (. ; ;� I„ _ _ (520) 628-6595 f E10 (9 3 .l.. i 1 Ulu CERTIFICATION OF COMPLETED ALCOHOL TRAINING PROGRAM(S) OBTAIN ORIGINALS OF THIS FORM FROM oil P._nn NnT ounTnenov nnf- 1RACNT 1e �^RAM1 -----------------•-- TPcUM .MIr'11 VVI rHSLACKINK ALCOHOL TRAINING PROGRAM INDIVIDUAL INFORMATION Kay i' , Tr -N.', Individual Name (Print) Individual Signature ff TYPE OF TRAINING COMPLETED 12-01 1z000 BASIC [D --'ON SALE Date Training Completed [MANAGEMENT ❑ OFF SALE [BOTH ❑ OTHER IF TRAINEE IS EMPLOYED BY A LICENSEE: NAME OF THE LICENSEE BUSINESS NAME LIQUOR LICENSE NUMBER ALCOHOL TRAINING PROGRAM PROVIDER INFORMATION Company oo/rr� Individual Name //�� C44S-E_- Pr1� <_e.SS 0 Address AeSso "z� s City State Zip Phone I Certify the above named individual has successfully completed the specified program(s). i.�f t►i.� '� Trainer Name (Print) 495 1 /Z9/�Oc� TraterYn&umb Date Trainer qive ori inal of com leted form to trainee, ahotocoov and maintain com feted document for vour 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), licenseetagent 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. Uc 1021 01/1999 Disabled individuals requiring special accommodations please call (602) 542-9051 0 • 77� *** REC0O96348 O12O727 P87O3515 bJxj CIPMEA1 pEA1 (F—bJu ) *** '�7.L|�UURDEFT' SOCIAL SECURITY ADMINI3TFl. ATION g*in IMPORTANT bu DISTRICT OFFICE 1O50 W MAIN STREET MESA, AZ 852O1 ^ DATE� December 13, KAY LESLIE TAI 11S49 N SAGUARO BLVD FOUNTAIN HILLS, AZ 85268 ^`` .....��.\ NW�EO FOR E EST KAY'-; LE43L IE Lkl receipt to shou that you applied for a Social Security card on ��ber 13, 1996. Yuu should have your card in about 2 ueeks. If you do not receive your Social Security card uithin 2 ueeks' please let us knou. You may call, wite or visit any Social Security office. If you visit an office' please brins this letter uith /—\ ^`` .....��.\ NW�EO FOR E EST KAY'-; LE43L IE Lkl Kai Les I � � (a.� ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-1141 . _` ` , 4� {_ (520) 628-6595 QUESTIOA MRF 0 10 l 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. 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 fingerurint card submitted. A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) /t�3sy. TYPE OR PRINT WITH BLACK INK 1. Check appropriate Owner, Agent, Partner, Stockholder, Member or Officer ❑ Manager(Only) box (Complete Questions 1-16 & 20) (Complete All Questions except # 10,10a & 21) Licensee or Agent must complete # 21 for Manager Licensee or Agent must complete # 21 Ia. Name: (—'-kl A — h W& Date of Birth: 7/ / / 90f` Last 2. Name of Licensed Premises: 3. Licensed Premises Address: Fust Middle Street Address (Do not use K) Box #F) 4. Drivers License #: 3 3 %SO ty State if Z - Premises Phone: u t A nl I t 1J.5 A -P-1 CA) I0 . k5"Z6d' Liquor License #11191'7 `-�SJ� City County ty Zip (If this location is currently licensed) Residence Phone: (J%j Hight: _ Weight: �; Eyes: 13Z- Hair: B Lk Place of Birth: Y/ A/ . A/ City starve 5. Name of Spouse: Y� I A Date of Birth: .7/1/41,5 Last First Middle Maiden 6. You are a bona fide resident of what state? A —9 J Zo NA' If Arizona, date of residency: 312-91f�i 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 Month/Year TO Month/Year DESCRIBE POSITION OR BUSINESS EMPLOYER'S NAME OR NAME OF BUSINESS (Give street address, city, state & zip) ;J�,'-�/ ! 7 CURRENT fZ. L u 8'" ; 5 cmc tt� Ko I� Rk C-HIN - tyz _ ;� Kk j -u iy e % - A, I � � l�['�,�5i'C;rt7- DR. APT. 23 � %oA)7.47AI r Az ?S2-gs MAie/-74 (ATTACH ADDITIONAL SHEET IF NECESSARY) 9. Indicate your residence address for the last five (5) ears: FROM Month/Year TO Month/Year RESIDENCE Street Address City State Zip utr� `16 CURRENT z i s + 7id t n1 A—z- 2 9 4JG �p5 �t C/9� I � � l�['�,�5i'C;rt7- DR. APT. 23 � %oA)7.47AI r Az ?S2-gs MAie/-74 AvO r5 16 & :36 A/, S& Th ST. -# �C3,3 SCo TSDALE AZ 575 Ltcotot 05nW9 Disabled individuals requiring special accommodations please call (602) 542-9051 10. As, an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating U YES PNO the licensed premises ? If you answered YES, how many hrs/day? , answer #10a below. If NO, skip to #11. 16a. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) [N YES ❑ NO If the answer to # 10a is "NO", course must be completed before issuance of a new license or approval on an existing license. �t - e5 ll c�� Have you EVER been detained cited arrested, indicted or summo a into coY Q -wtv l t�"Wo - NY law or YES NO ordinance (regardless of the disposition even if dismissed or expunged)? For" ifafltc'vroTatiohi. include only those that were alcohol and/or drug related. C 3 i b, i i l '00 12. Have you EVER been convicted. £ned Posted bon4 been ordered to deposit bail imprisoned, had sentence ❑ YES I�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 andlor drug related. 13. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or ❑ YES P(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 ❑ YES P(NO had a business, professional or liquor APPLICATION OR LICENSE reiected denied revoked suspended or fined in this or any other state? 15. Has anyone EVER filed suit or obtained a iudgment against you in a civil action, the subject of which ❑ YES 4NO involved fraud or misrepresentation of a business Professional or liquor license? 16. Are you NOW or have you EVER held ownership, been an office member, director or manager on any other YES NO liquor license in this or any other state? HA J+A C H W � Z 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 W Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) El YES 1:1 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 20. I, MING- � , 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 �K�County of The foregoing instrument was acknowledged before me tWis Applicant) OFFICiAL sea.' ( 'day of EILEEN SHARP ��� Mcn,e Year NOTARY PUBLIC-ARIZO MAWCOPA COUNTY /( inn oYnirec nn:.. .,,. Year FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPROVING A MANAGER APPLICATION Licensee or Agent Approval of Manager 21. I,(Print Licensee/Agent's Name): Last 7Tereby authorize the applicant to act as manager for the named liquor license. Middle Fust State of County of The foregoing instrument was acknowledged before me this R day of , (Signature of LICENSEE/AGENT) Day of Momh Momh Year My commission expires on: Day of Month Month Year (Signature of NOTARY PUBLIC)__ _ ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor _ 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-51414 (50) 628-6595 CERTIFICATION OF COMPLETED ALCOHOL TRAINING OROGRAM(S) 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. iiwProof 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. uc 1021 01/1999 Disabled individuals requiring special accommodations please call (602) 542-9051 - - - - -•-• • • •_••• --- • •- ••� �.... vw� r, vvvumcn i is wmlru 1 tH SGANNED. TYPE OR PRINT WITH BLACK INK. ALCOHOL TRAINING PROGRAM INDIVIDUAL INFORMATION Individual Name (Print) Individual Signature TYPE OF TRAINING COMPLETED BASIC ED --ON SALE Date Training Completed 2" MANAGEMENT ❑ OFF SALE 2- BOTH ❑ OTHER IF TRAINEE IS EMPLOYED BY A LICENSEE: x Oct raw Ck"r-j ei x` NAME OF THE LICENSEE BUSINESS NAME LIQUOR LICENSE NUMBER ALCOHOL TRAINING PROGRAM PROVIDER INFORMATION - ,;YN '�•i Tiff-, ►.1 L(Q' ' c Yt. �' ✓► S Company or Individual Name b �4S �• p�� � ce;S �r . Address ^ A City State Zip Phone I Certify the above named individual has successfully completed the specified program(s). LA" �-1 %A � c� Trainer Name (Print) Trainer Sigat re Date Trainer qive ori inal of com leted form to trainee. ohotocoav and maintain com leted document for vour 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. iiwProof 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. uc 1021 01/1999 Disabled individuals requiring special accommodations please call (602) 542-9051 Memo To: Cassie Hansen From: Steve Gendler Date: 03/14/00 Re: Special Event Request — Tour De Phoenix Bike Race The purpose of this memorandum is to endorse the attached special event request from the Perimeter Bicycling Association. They are proposing a bicycle race on Saturday, April 15th, which will begin in Mesa, through Scottsdale and Fountain Hills en route down the Beeline back to Mesa. It is my understanding that this will be on the Council agenda for April 6th. The proposal will not involve any street closures or detours in Fountain Hills. The route, as envisioned, would enter Fountain Hills from the West, proceed along Shea Boulevard, then exit to the Beeline on the East. This is an annual event which has been staged successfully for several years. The previous events were well planned and executed without any significant delays or inconvenience. The traffic control responsibilities would be at the intersections of She with Eagle Mountain, Palisades, Fountain Hills, and Saguaro. All intersections are controlled by traffic signals. I am recommending approval based on the following factors: 1 The event has been staged in previous years without incident, accident or injury. 2 The event does not involve any street closures, detours, or use of barricades. 3 The event would not incur a cost to the town. Off duty officers will be used at the appropriate intersections as the cyclists move through the community. 4 This is a multi -jurisdictional event coordinated by the City of Mesa for a charitable cause. The organizers have experience and record of efficiency. Moreover, it will help promote good interagency relationships. 4o + El Tour De Phoenix C/o Perimeter Bicycling Association of America, Inc.(PBAA) A 501 c(3) non-profit, tax-exempt organization "cycling in pursuit of cause 630 N. Craycroft Rd. -Suite #141 March 8, 2000 Tucson, AZ 85711 RECEIVED Bevelyn Benders Executive Assistant to The Town Clerk 16836 E. Palisades Bl. Fountains Hills, AZ 85268 MAR 10 2000 FOUNTAIN HILLS TOWN CLERK Re: Seeking a permit for annual cycling event, El Tour De Phoenix, scheduled for Saturday, April 15, 2000. Enclosed is the following information: (1) Special Event permit application (2) Map of Route (3) 2000 Traffic Plan Information This is the 4"' Annual El Tour De Phoenix and for the last 8 years this event has started and Finished at Fitch Park in Mesa The proceeds from year's event go to Juvennile Diabetes Foundation & PBAA. Presently, our organization is working with all the different police agencies, including City of Mesa, to organize and coordinate all traffic plans and police support for ride day, April 15". In addition we will have cones along Beeline & Bush Hwys, as well as barricades, cones, signs, etc.. in Mesa along start/finish area at Fitch Park and wherever else required- We equired We have requested a Certificate of Insurance with a $2 million liability limit for City of Mesa. As soon as our office receives it from our insurance company, we will send you a copy. If you require any other information, please call me at (520) 745-2033 in Tucson, AZ. Thank you for your cooperation. S. el o sh Cmggs Permit Coordinatoor CC: Jason Kornetsky T���rvi� apt I c��i�li�tai,� flill� Special Event Request RECENED MAR 10 2000 F%=W Name of Event Coordinator Richard Debernardis Address: 630 N. Cra croft ste. #141 Tucson Az 85711 Telephone: (residence) (business) 5 2 0_ 7 4 5- 2 0 3 3 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 Pg -r i m p t P r B i r yin g A a.q of Telephone:_s 2 0- 7 4 - Z0 3 America Address of Headquarters' F, 4 n N C r a s .- r n f} T„ ,. n ,, r .. 8971 1 Description of Event: -- 7 0 m i 1 av r 1 i n a Avant a p„„ the n P r i m c+ er of Red Mt." Purpose of Event—y inq f a ra»GP prnnpPda M0 tr) oven, i n n, a1,a+o s Found. Location of Event:_Start/Finish Fitch Park in Mesa (Attach amp or diagram of area to be used for event) Date of Event: 4 i S i o o Begging Time: _ 7 -no Ending Time: about I nm What portion of the roadway, if any, will the event occupy? r ; ah t G r nu 1 d e r Estimated number of persons, vehicles (and types, i.e. cars, trucks), animals, etc. participating: about 350 cyclists will partici at Do you anticipate a need for the Town to provide any of the following: Pkase Nott 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- Letters will be sent to Dolice a encies Supplies and Services: Vehicles and Other Equipment- Special Event Request Page 2 of 2 LIABILITY RELEASE AND INDEMNIFICATION AGREEMENT AND AGREEMENT TO FURNISH INSURANCE As a condition to, and in consideration of the issuance of this requested permit, the applicant hereby agrees to procure and maintain insurance coverage protecting all aspects of activities involved in the permit. Such insurance shall cover public liability and property damage, including product liability if applicable, and shall include coverage for owned and non -owned autos, for all claims for damages for personal injury or death and property damage arising out of the activities for which this permit is issued. Such insurance to be in limits of not less than $1,000,000 combined single limit personal injury and property damage. The certificate of insurance reflecting this coverage shall name the Town as an additional insured as respects this Special Event Permit. 16 JA • Signature of Applicant os Name of Insurance Company: Policy # Policy Dates - 3/iN /00 Date of Application (DO NOT WRITE BELOW THIS LINE - OFFICE USE ONLY) Certificate of Insurance Filed: YES NO Approval by Town Marshal -Date! , I,-/ - ("V-, is AAMI t h i v n\ r/" Notification of Local Fire Department:--Date- Contact Name & Title - Arrangements Made: Notification of Sheriffs Department: Date - Contact Name & Title: Arrangements Made: Final Alr al by To/ Ci e' r" Date CV i`7 Shea Blvd 31 Beeline Highway 87 Shea N Blvd. a m 0 tY e P0 Fitch Park (8th Street) Saguaro Lake ■ 70 -MILE START ,21 27 ■ Bush Highway o `- ■ FINISH UNE FOR ALL EVENTS SO a 8 25 -MILE START Rest area on 't. Bush Hwy.. 1.7 miles south of McDowell Road Sahuaro Lake tumox OMMM Wj Q 05 Q Brown O -J MCKellips Road `µ _ 8th Street Sheraton University Drive ii= �. ri Mesa Hotel ..E Main Street p " N Ym Z SuDerstition Freewav (160) Map not to scale Start Lines for each event _ Route Route runs clockwise; mile markers indicate distance to finish line Q Route/Aid Stations R 70 -MILE START - 7:00 a.m. EL TOUR KIDS FUN RIDES - 7:30 a.m. These events start at Fitch Park at 8th Street Entrance 25 -MILE START- 9:30 a.m. 318 18 '98 Traffic Plan Information 2000 El Tour De Phoenix The Traffic plan for El Tour De Phoenix Will Consist of the following: (1) Sheriff deputies at major intersections and other appropriate intersections. (2) City or Town police to assist in regulating traffic in their jurisdiction. (3) Barricades to be placed at the start/finish line ( Fitch Park, Mesa) regulate or prohibit traffic in the area. (4) Entire route will be patrolled by staff, amateuar radio operators and bike patrol personal. (5) Department of Public Safety to regulate their jurisdiction. See route map for more information. Questions, concerns call me 520-745-2033 Sincerely, Josh Griggs permit coordnator M A T A i IHT1A(A0UP Il TOUR Pi Minx Attached is copy of the certificate of insurance for the 9th annual E1 Tour De Phoenix. Thank you for your support. If you have any questions please call me at 520-745-2033. Agin Thank You for Your Support!!! in crly, 11 jr Griggb 630 H. (AAMO[T SUIT[ 141 TUCSON. AA zm 85711 (602) 145-2033 ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE 03/06/2000 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Haywood, Chapman + Kirby Insur ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 6006 Shull St. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR POLICY EXPIRATION ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Bell Gardens, CA 90201 GENERAL LIABILITY -562-806-2262 F:562-806-2984 INSURERS AFFORDING COVERAGE EACH OCCURRENCE $ 2,000,000 ED INSURER A: North American Specialty BICYCLE RIDE DIRECTORS ASSOCIATION INSURER B: Philadelphia Life Insurance Company 755 N. LEAFWOOD INSURER C: INSURER D: ❑ CLAIMS MADE 1 OCCUR BREA CA 92821 - INSURER E: CnVFRAnFR THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 FIRE DAMAGE (Any one fire) $ 50,000 A ® COMMERCIAL GENERAL LIABILITY 60C2530645 01/01/2000 01/01/2001 ❑ CLAIMS MADE 1 OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 2 , 000 , 000 ❑ ❑ GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2,000,000 ❑ POLICY ❑ PRO ❑ LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000 ❑ ANY AUTO (Ea accident) ❑ ALL OWNED AUTOS A 60C2530645 01/01/2000 01/01/2001 BODILY INJURY $ SCHEDULED AUTOS (Per person) ® HIRED AUTOS BODILY INJURY $ ® NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY (Per accident) AUTO ONLY - EA ACCIDENT $ EA ACC $ AUTO BANY OTHER THAN AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ ❑ OCCUR ❑❑ CLAIMS MADE AGGREGATE $ $ ❑ DEDUCTIBLE $ ❑ RETENTION $ WORKERS COMPENSATION AND O STATURY IMIT OTH- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER B Excess Medical SR23028 FFQM-01 04/20/2000 04/20/2001 25,000 per person DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Additional Named Insured to read: Perimeter Bicycling Association of America Event: E1 Tour de Phoenix Event Date: April 15, 2000 Certificate Holder is named as Additional Insured. UtK I INUA 1 t MULUtK 11 11 ADDITIONAL INSURED: INSURER LETTER: t AIYVCLLA I ivn Town of Fountain Hills Attn: Bev Benders 16836 East Palisades Blvd. i Fountain Hills AZ 85268- 17/971 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 010 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ©ACORD CORPORATION 1988 Chron 60 MEMORANDUM TO: Honorable Mayor and Town Council FROM: Art Ca elaria, Civil Engineer REVIEWED: To a , Interim Town Engi r THROUGH: Pa in, Town Manager DATE: March 30, RE: Easement Abandonment 00-12; Resolution 2000-15 Plat 206, Block 7, Lot 24 12235 N. Desert Sage Drive Ben & Marijke Boulware 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 and northwesterly property lines of Lot 24, Block 7, Plat 206, (12235 N. Desert Sage Drive) as shown on Exhibit "A". The property owners of Lot 24 desire 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 westerly 20' of the northwesterly 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 easements 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 24 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 2000-15. cc: Ben & Marijke Boulware Schaefer Trust Kenda B. Yonkers Humberto Tarin M/M Calomeni GAEasement Memo\EA00-12 Plat 206. Blk 7, Lot 24 ((12235 N. Desert Sage Dr.) Boulware When recorded, return to: (ngineering Department 6�-own of Fountain Hills P.O. Box 17958 Fountain Hills, AZ 85269 RESOLUTION 2000-15 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 AND NORTHWESTERLY LOT LINES OF LOT 24, BLOCK 7, OF PLAT 206, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 147 OF MAPS, PAGE 2, 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 northwesterly and northeasterly property lot lines of Lot 24, as shown in Exhibit A; of Plat 206, Block 7, Lot 24, Fountain Hills, Arizona; as recorded in book 147 of maps, page 2 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 24 are required to pass the developed flows generated by the upstream lots across their property. The westerly 20' of the northwesterly 10' public utility easement will be retained for exiting and potential future utility boxes. 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 2000-15 Page 1 of 2 (:ASS:�jAll- MOTION SECOND COUNT — U 'ASSED AND ADOPTED this 6th day of April 2000. ATTEST: Cassie B. Hansen, Town Clerk REVIEWED BY:7 1 G Paul L. Nordin, Town Manager OF Morgan, AIN HILLS APPROVED AS TO FORM: William E. Farrell, Town Attorney Resolution 2000-15 Page 2 of 2 Yj kz�°Ci 10 4;5 O -W o % 0 N5, ad 6711 a 00' Ivor ii /Y0 0 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner DATE: March 31, 2000 SUBJECT: Preliminary & Final Plat for "Sunset View Condominiums" Staff has combined the reports for the Preliminary and Final Plats, there are no off-site improvements or Improvement Plans needed for this plat. This plat is a request by Jeff Strevett which would condominiumize two -units located at 12804 N. Mountainside Dr.,aka Lot 14, Block 3, Final Plat 601-A. Please refer to the attached Planning and Zoning Commission & Staff report for additional details regarding this request. 7 TOWN OF FOUNTAIN HILLS PLANNING & ZONING COMMISSION AND STAFF REPORT April 6, 2000 CASE NO: S00-011 LOCATION: 12804 N. Mountainside Dr., aka Lot 14, Block 3, Final Plat 601 A. REQUEST: Consider the Preliminary and Final Plat for "Sunset View Condominiums a 2 - unit condominium project. PROJECT MANAGER: Dana Burkhardt DESCRIPTION: OWNER: APPLICANT: EXISTING ZONING: EXISTING CONDITION LOT SIZE: Jeff Strevett JD Strevett & Associates "R-3" Under Construction 12,500 square feet SURROUNDING LAND USES AND ZONING: NORTH: SOUTH: EAST: WEST: SUMMARY: Vacant, zoned "R-3" Vacant; zoned "R-3" Single-family; zoned "R1-6" Vacant; zoned "R-3" This request is for approval of the Preliminary and Final Plat "Sunset View Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off-site public improvements, a "fast track" process is being allowed. The owner, Jeff Strevett, has chosen to convert a two -unit complex currently under construction and record a Declaration of Condominium to sell the units individually. The units will have a maximum livable area of 1,518 square feet, a minimum livable area of 1,475 square feet and a covered patio. Each unit will have a two -car garage. The applicant applied for his building permit, 99-757, on June 17, 1999 and received his permit to build on October 15, 1999. RECOMMENDATION: Planning & Zoning Commission and Staff recommend approval of S00-011; Preliminary and Final Plat "Sunset View Condominiums" with the following stipulation: 1) Show abandonment of easement on plat- Approved Resolution 1992-18, MCR #92-0476058. TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT DOMINIUM -PEAT APPLICATIONS *44i0t'%� Date Filed2 S Z d0 U Fee Paid — -c�. ' , � 7 0� , F Acce ted y Condominium Name 5u �-A scT t Evi Condominium Address I Z S U E'l o ct �..c�- ,dn 5 t d G IJ sz ► v� Legal Description of Lot/Parcel Being Platted Plat & O 1 — a Block 3 Lot(s)) Li— Parcel Size t2 �o0 Number of Units 2 Number of Tracts Zoning General Plan Land Use Designation Density Requested (Dwelling Units Per Acre) �•7 Applicant b `� Qie.�1./�� � �A S S �L 1 �5 Day Phone Abo Seo 025) v Address City ST Zip � �'1 g-1 G fD2- • S Go � ��E � IF),, 2,5 -1 Owner Ji Day Phone ASU�6:v,o 1v Address City ST Zip Attachments (Please list) Signae of Owner I HERBY AUTHORIZE (Please Print) Date L Z C ffn TO FILE THIS APPLICATION. G Sub scri and sworn before me this ,�'J day of(-�'A UTUAL SEAL L Cr�YSTIO v C60Wbt0l n Expires ( 3 0 Z - Notary Pu lic ' No�Y f ublic • State of Arizona k"APICOPA COUNTY Seal TFH Case Number Fee Schedule Attached YI Ib/I -(f9 (09t) 1Vk 1VNU 99ZS9 dV 'S111N NtVi N00J Z >D -T' V RMS jAv M31AXbVd 3 99M ( Z1166 Tn 1N3N3DVKVN V ONH33MON3 AMODINOR ► -It Z N 0 V b = 7/l V 1 1510 %S �� •% Y�a g 111 4 b+ ! all is 1..19415 " ob1 pr • %� Qp p c n G � N t EdRgE p � w<IMPIA rwfi¢ E fib• % �� -�} Yll % r.�a % G i. a x � b % ei� 1 Rr w� U �M gjj:!j! -00 '���7 L. 15 BB b O••�b 1i•@ 8 � a E �1. €%g SIB X. r f 9 ■ S<% R 4 1ye r9y1�g �•0.�� k C b I% � IN % � tl5%ECpttib fill, a , tib RE! � 88 E'` � 3 ��1�� ■■+ b�"�'�� �Z � Wi �� e4 1l ggiaia E � � � ill 6 y a gbr fi�i i 'UNIX,Meal P4 NI��i� �� fill- rEEty{ 5rat� y�b■Fg" pp�;a b jx' s 26� j Q888�g �'lgi E qip al� I.• 0 Z N 0 V = 7/l V 1 U � O U < Q �— p c n G � N U -00 U CL G�z< O p O .O W Q)r U� o Z E— 6 ' a N � rn V[ 5 m <o m 52000-011 Sunset View Condominiums 1st 4Q11h _ 7 11011%n 4 yOJNTNN=� UWP - � — ��s w (r) 3AI80 KISNIV1Nfl0Yi 'N tO9Z l bl 101 C HOMO V109 1Vld rwr)5lIWMNI(1'1 AA'11A 17(A!!1( g,Y W. t J t v I t 100.oY QA) KC w ^ 01^ 0 9 (o9N 99M VN- 'S11N NIY1Nf1O1 IOL 311AS MY M3IAMOYd -3 9901 (0! "j'n 1N31wym i 9MU331IJN3 AHMODINOw Ml M, � a1 I .009 d L Wit I 1 All o ,6YYL I A.0 OS'Y � As.9 & I I R I I AS'9 pppF � ebb I Z II {� .009 U Ics1 U •ry. � . .YL TZ m � AO'f Q g N S2000-011 Sunset View Condominiums TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Town Council VIA: Paul Nordin, Town Manager FROM: Geir Sverdrup, Senior Pla�W - DATE: March 31, 2000 SUBJECT: Crestview at Fountain Hills corrective replat. MCO Properties has requested a convective replat of the Summit Estates subdivision. The replat does not add any lots to the project. The main change to the existing plat, is the re -alignment of Arista Lane as it connects to Shea Blvd. Please see the attached staff report for details. R TOWN OF FOUNTAIN HILLS STAFF REPORT April 6, 2000 CASE NO.: S2000-019 LOCATION: North of Shea Blvd & west of Palisades Blvd. REQUEST: Consideration of the Final Replat of Crestview at Fountain Hills a Corrective Replat of The Corrective plat of the Summit Estates, which is a 100 lot, seven (7) tract subdivision. DESCRIPTION: OWNER: APPLICANT: EXISTING ZONING: PARCEL SIZE: MCO Properties, Inc. MCO Properties, Inc "R143 P.U.D." 280 Acres SURROUNDING LAND USES AND ZONING: NORTH: Vacant, City of Scottsdale. SOUTH: Eagle Mountain, south of Shea, zoned "R1 -10A, OSR & C-1". EAST: Westridge Estates, Westridge Village & Fountain Hills Resort, zoned "R1- 18, R1-10 PUD, OSR & L-3 PUD". WEST: Vacant, City of Scottsdale. SUMMARY: This request by MCO Properties is for approval of the Final Replat of Crestview at Fountain Hills a Corrective Replat of The Corrective plat of the Summit Estates which is located north of Shea Blvd. and west of Palisades Blvd. The following report will review several aspects of the project, including the subdivision's design and its conformance with the Subdivision Ordinance, the Zoning Ordinance and the Pre - Annexation Agreement. Subdivision Design GENERAL DESCRIPTION: The topography of the property is undulating and steeply sloping down to Shea and Palisades Blvd.'s. The proposed replat proposes a modification to the Arista Lane as it connects to Shea Blvd. There are no other changes to street layout. The lots meet all the "R1-43 P.U.D." zoning district's lot dimension requirements, including those for size and lot width. Staff Report Crestview at Fountain Hills S2000-019 April 6, 2000 Page 2 of 2 GRADING: The proposed replat is currently graded for roads. On lot grading will only occur on lots at the time of building permit. ISSUES: The Engineering Department has reviewed this application and has only a few comments regarding the alignment of Arista Lane as it connects to Shea Blvd. The Engineering Department feels that the remaining redlines are minor and can easily be corrected prior to recordation of the final replat After staffs analysis of this replat, staff find that approximately 40 lots have noticeable lot line changes many others have very minor "tweaks" to lot size or distance and bearing of the lot line. The attached Summit Estates map shows the most noticeable areas of change in grey. The Pre - Annexation agreement specifically defines these types of changes as minor, see subsection (F) of the attached agreement. The realignment of Arista Lane onto Shea is a more extensive change but creates an entrance onto Shea Blvd. which, is preferred by the Town Engineering Department. The Agreement refers to the usage of the "County Method" for he calculation of lot disturbance. This replat will continue to use this method. Crestview will not be able to utilize the Towns' four times the footprint to calculate lot disturbance. The required method is to be a slope analysis for each lot calculating slope under 15% and slopes 15% and greater and calculating the allowed disturbance from that analysis. Recommendation Based on the proposed replat design and the Pre -Annexation Agreement, staff recommended approval of the Final Replat for the Crestview at Fountain Hills A Corrective Replat of the Corrective Replat of Summit Estates, Case #S2000-019, subject to the following stipulation: 1. The applicant shall revise the Arista Lane alignment per the remaining redline comments from the Town Engineering Department prior to recordation of the final replat. A S --') 0(� --\` _ ` i i MCO Properties Limited Partnership 16838 East Palisades Boulevard Fountain Hills, Arizona 85268 Telephone (602) 837-9660 Fax (602) 837-1677 HAND DELIVERED March 10, 2000 Mr. Jeffrey Valder Community Development Director Town of Fountain Hills 16836 East Palisades Boulevard Fountain Hills, Arizona 85268 Re: Crestview - Corrective Final Plat Dear Jeff: Please consider this letter a formal submittal of the final plat for the Crestview at Fountain Hills subdivision, formerly known as The Summit Estates. The following items are attached: MCO Properties fee authorization letter, dated March 2, 2000, in the amount of $1,000. Three full-size copies of the final plat. One full-size copy of the final plat with topography. Two copies of the final plat reduced to an l 1" x 17" format. Two copies of the final plat reduced to an 8 ''/2" x l 1" format. As you know, from our meetings over the past several weeks, the need for a replat was originally prompted by the discovery of several minor discrepancies in dimensions and areas which we encountered as we prepared conceptual development envelopes for the individual lots. However, we have also taken this opportunity to as -built field changes and to make some minor adjustments in the lot layout. After our conversation on Wednesday about the various potential alignments of Arista Drive at Shea Boulevard, we settled on an alignment that hugs the East side of the wash, crossing the wash only once. I feel that this alignment will prove to have the minimum impact on the wash corridor and trust that you will agree. 1 hope this letter and attachments constitute a complete filing and we look forward to reviewing the plat in more detail with you over the next few weeks and with the Town Council on April 61h. Please call if you have questions, need more information or additional copies of the final plat. Sincerely, Cui1, 52000-019 Michael Snodgrass Crestview - Corrective Final Plat 1st Submittal - 3/10/00 cc: Hank Lickman m 1OD CD 1 Q •r��[€=4lf8 6 ays81 SIC ��4ap V �1 W W 4 g s 164 s$1 s �e�iH i~ 4b �4 Hpp 19 ~ C e Q W N N_ N W F a ♦)o�J J e = W �_ d ~ W low p U CLd u '0 Zoe W C z < W M7 i u Z; m N � C TN m N N z v 2O n 1OD CD 1 Q •r��[€=4lf8 6 ays81 SIC ��4ap •F �1 r 1OD CD 1 Q •r��[€=4lf8 6 ays81 SIC ��4ap t �gl �1 r 4 g s 164 s$1 s �e�iH 4b �4 Hpp 19 4 qI A lic e 51. 4 • low bi N pine 2119419 baa -501 aaaaN yaa � �isueuL V et la s MIR if i' if i' D uq [�[�`�`�F��G[` •� W� �� rirrr ■rW�rrrrrrrrrr r E -11 -1 2 ZE .1 .1 EMIR 122 - 121 - , . , , HHH, '11��t G,�GWr�.7��`r�L�E��irV�■�G������������ C7 No b cpj m 1 Woensnn e Rt� dri 1 §e= §fie � "� • � syr ' , . � see ,�` . 1 •J i � 1 e ti e I S •s B o :� 1 1 OD A tin ` § I y.: G CD .L1'NR • 1' / � J6000 M 430WO8nSNn ' 1TML = ./Qf000 M y. \ Im ate-- R1 B: IO i N :S R 2 LW loo _•. all -IM 'ON MWO nNNO2 u►mn v- rv- n— Im Mp �aaF 7 Zj 8! fr y �!�d Im D m v � r 115611166M RERTERIIRER SOS M N ;i MMS .;i m o i m M403, %•s m s ��. a � n's � v � r 115611166M RERTERIIRER SOS 7 lot R lid I e ! its P3111 _ U ,,■os ° �,� b o �1dzr �1 '� 6br A33� _..... .. i a A 4 r a ` Rb o r� eso R J a N; ' _ W P-0 It 1 M �� ��� W ohm Z O K Q L-!, -o a c� vi OZ�< ■ ,N I� � dGOC� I.V Z. i 0V Q~ � a QX-~< CL mLa AOL =mom z< 1 • ■ • w La :, 000 uj 2 SUN F O VI xaO R (n ° • ■ � • ■ 00 ,- NUR7 < W N f {irt M� a: � �F �ii y■9y■ /!/! U b b a ` Rb o r� eso R a ' It 1 M �� ��� d 1i t1 rr ■ � ff f fF F ■ I I� W i � a 3 CL a ` Rb o r� eso a ' It 1 M �� ��� d 1i t1 rr ■ � ff f fF F ■ I I� W . Z 1 • ■ • ■ ■ t ■ t uj 2 ■ • U) ■ ■ , • ■ � • ■ 00 ��i. b ■ • �F �ii y■9y■ /!/! b •I � ■ t ■10-.<-lt Maw 71YOO1100t 10 Ali* a ' It 1 M �� ��� d 1i t1 rr ■ � ff f fF F m I 1111111111111 IIIIIIIIIII� 111111111���IIIIIIII1111111�I�11 �IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 11111.III11111111111111111111111�1�111111111111�11111111111�I lIjIIlIIIllIll�IIIIIIIIIIII1IIIIIIi11 � IIIIIIIIIIIIIIIIAl1A1111111111A111A11 - ���111�1�1�1�1111111��11��111111�11�1111111��1�11111111111111�� III�I��III�I�IIIII1III11101IIIIIIlIIII'IIIIIIIloill Ii�I�l -� �I�IIIIIIAl11AlAlAA111111C11AA11111A11AA111A1A11A�1A1A1111��11 '` .::.J:.::.:...... .. [t: L r:U;. � • � ift VK • � i V _a v Y, 7r— :tet t 4 0 ski F a -11 gig Al all When recorded return to: Town of Fountain Hills 16836 E. Palisades Blvd. Building C Box 17958 Fountain Hills, AZ 85269 Attn: Town Clerk rIIII 1111111nr1111111111111111111111111111111 a<<.C..LRECORDSOF ..a.CoP. COUNTY .ECowoEw HELEN PURCELL 99-0128264 02/09/99 04:36 nESA2 2 OF 7 PRE -ANNEXATION DEVELOPMENT AGREEMENT TOWN OF FOUNTAIN HILLS AND MCO PROPERTIES RE NORTHWEST CORNER OF SHEA BOULEVARD AND PALISADES BOULEVARD THIS PRE -ANNEXATION DEVELOPMENT AGREEMENT (the "Agreement") is made by and between the Town of Fountain Hills, a municipal corporation of the State of Arizona (hereinafter referred to as "Town"), and MCO Properties L.P. dba MCO Properties Limited Partnership, a Delaware limited partnership doing business in the State of Arizona (hereinafter referred to as "MCO"), with reference to the following. A. Pursuant to the provisions of A.R.S. §9-500.05, the parties may enter into a development agreement relating to property located outside the incorporated area of the Town; any such development agreement does not become operative unless annexation proceedings to annex the property to the Town are completed within the period of time specified in such development agreement, or any extension of time agreed to by the parties. B. The Town desires to consider the annexation of certain real property depicted on Exhibit "A" attached hereto and incorporated herein by reference, and described legally in Exhibit "B" attached hereto and incorporated herein by reference (hereinafter referred to as the "Annexation Property"). C. MCO owns a substantial portion of the Annexation Property that would be subject to annexation by the Town: a 280 acre, 100 lot, single family subdivision known as "The Summit Estates," a private gated community, as depicted as Parcel 1 on Exhibit "A" (hereinafter referred to as "Parcel 1 ") which has an R1-43 zoning designation within Maricopa County ("R1-43 Zoning") and received final plat approval from the Maricopa County Board of Supervisors (the "County") prior to the execution of this agreement, and the Final Plat of which was recorded August 5, 1998 at No. 98-0681633 in the Records of Maricopa County and a Corrective Plat of which was recorded September 25, 1998 at No. 98-0854001 in the Records of Maricopa County (as rerecorded, the 'Parcel 1 Plat"); and a 56 acre, unsubdivided panel depicted as Parcel 2 on Exhibit "A" (hereinafter referred to as "Parcel 2"), which will be designated by the Town of Fountain Hills as having a zoning classification of M-1 P.U.D. ("M-1 Zoning") upon annexation, as such zoning is more particularly set forth in the Zoning Ordinance of the Town of Fountain Hills. Parcel 1 and Parcel 2 are collectively referred to hereinafter as the 'Property." D. MCO and the Town desire that Parcel 1 be developed as permitted by Maricopa County R1-43 Zoning and provided for in the final plat approved by the County, and that Parcel 2 be developed as permitted by M-1 P.U.D. Zoning. The parties hereto acknowledge that such development of the EAATTO RNEYTUAN NEX. DOC 2/8/99 3:49 PM Page 1 of 14 Property pursuant to this Agreement is consistent with the General Plan of the Town of Fountain Hills and benefits the Town, MCO and the general public. E. MCO desires, under the provisions of A.R.S. §9-500.05(G) to set forth the duration of the Agreement the permitted uses and the density and intensity of land uses permitted on the Property; conditions, terms, restrictions and requirements for annexation of the Property by the Town and the phasing or timing of annexation of the Property by the Town; and such other and further matters as are permitted by law. F. MCO and the Town acknowledge that development of the Property is a project of such magnitude that MCO reasonably requires assurances from the Town of MCO's right to complete the development of the Property before it will expend substantial efforts and additional costs in the development of the Property, and the Town requires assurances from MCO that when it develops the Property, it will do so in accordance with the terms and conditions of this Agreement. Furthermore, the Town, in order to encourage the development of the property, desires to cooperate with MCO to expedite the approval and granting of building permits, grading permits, site plans, preliminary and final subdivision plats and other development approvals for the Property in accordance with this Agreement, but any such expediting shall be accomplished only in accordance with all municipal and statutory notice requirements. G. The Town and MCO acknowledge that the development of the Property pursuant to this Agreement will result in significant planning and economic benefits to the Town and its residents by (i) enlarging the tax base and increasing property tax and sales tax collections and other revenues to the Town based on improvements to be constructed on the Property, and (ii) creating employment through construction activity on the Property and through the facilities that may be located on the Property. THEREFORE, in consideration of the mutual promises and agreements set forth herein, the parties hereto agree as follows: Annexation, Zoning and Development Rights Generally. A. The parties agree, understand and acknowledge that if for any reason MCO withdraws its signature in support of annexation, given pursuant to A.R.S. §9-471(A)(4), prior to the adoption by the Town of an ordinance to annex the Annexation Property and the expiration of 30 days thereafter without a challenge to the validity of such ordinance, pursuant to A.R.S. §9-471(C), none of the terms and conditions of this Agreement shall take effect, in which event neither party is obligated in any manner in regard to future actions in connection with the rezoning and/or development of the Property. B. MCO agrees, understands and acknowledges, without limiting any other remedy or relief for a subsequent breach of any of the terms and conditions of the Agreement by the Town, that once the Annexation Property has been annexed to the Town of Fountain Hills, there presently does not exist any statutory remedy or relief for such a breach by the Town, that would result in the Property being de -annexed from the Town of Fountain Hills and returned to the status of property in the unincorporated area of Maricopa County. C. Zoning and Parcel 1 Plat Status. EAATf ORNEY\PREAN NEX.DOC 2/8/99 3:49 PM Page 2 of 14 (1) The Town shall adopt R 1-43 P.U.D. zoning for Parcel 1 and M-1 P.U.D. zoning for Parcel 2 (collectively, the "Zoning"), pursuant to A.R.S. § 9-471(L) as more particularly set �r forth in Paragraphs 2 and 3 below. W" (2) All Zoning, with respect to the Property, and the Parcel l Plat, with respect to Parcel 1, are deemed to be "vested" from the effective date of the annexation and shall continue for the period of time provided below. "Vesting," "vested" or "vest" as used in his Agreement shall mean that the Town shall not, without MCO's consent, change the Zoning to a more restrictive zoning district or zoning classification, or reduce the development rights within a zoning classification in a manner which would apply to the Property or amend the Parcel 1 Plat or reduce the development rights accorded such Parcel 1 Plat under the County Standards (as defined below). Any such action shall be a breach of this Agreement by the Town. (3) The Zoning and the Parcel 1 Plat, as applicable, shall be and remain vested: (a) as to Parcel 1, or Parcel 2, as applicable, provided substantial expenditures have been incurred on such parcel, which expenditures may solely include planning and engineering costs, and for which a governmental permit for development (including without limitation any permit issued by the Town or Maricopa County, or any agency of each) has been granted ("Initial Development"); and (b) in any event for all of the Property for not less than ten (10) years - from the effective date hereof (the "Initial Vesting Period"). (4) Following the expiration of the Initial Vesting Period, the Zoning and the Parcel 1 Plat, as applicable, shall remain in place as to Parcel 2 or Parcel l as applicable, notwithstanding that the relevant Initial Development has not occurred, but the status of the vesting of the Zoning or the Parcel 1 Plat, as to those areas shall be determined by the statutes and judicial decisions then applicable to Developer's right to develop such areas in accordance with the Zoning or the Parcel 1 Plat. Portions of the Property for which Initial Development was timely commenced shall continue to be vested as provided above. D. Town Processing. The Town shall timely process, in accordance with all applicable notice requirements, such permits, plans, specifications, plats, and/or plan amendments of or for all or a portion of the Property which are reasonably consistent with this Agreement, the Parcel l Plat, and the Zoning, and/or amendments thereof as described herein, as applicable. E. Densi . (1) The parties acknowledge that Developer, and its successors and assigns, have agreed to develop no more than 100 single family residential units within Parcel 1 and no more than 150 dwelling units within Parcel 2. (2) So long as the maximum number of units for the Property is not exceeded, MCO may, as of right: E:\ATTORNEYTREANNEX.DOC 2/8/99 3:49 PM Page 3 of 14 (a) develop Parcel 1 and Parcel l with the number of units permitted in Paragraph 1(E)(1)above; and (b) also develop Parcel 1 or Parcel 2 with fewer units than permitted above. No approval of the Town or its departments or officials shall be required in connection with MCO's exercise of its right to vary unit counts as set forth in this subparagraph (2). F. Other Amendments. (1) The following major changes or amendments to subdivision plats, or zoning amendments, shall be reviewed by the Planning and Zoning Commission and approved by the Town Council; provided, however that any such amendments to Parcel 1 shall be reviewed according to the Zoning and Subdivision Ordinances of Maricopa County on the date of execution of this agreement: (a) Substantial changes to the permitted uses of the property; and (b) An increase in the density or intensity of use or number of dwelling units, except for density changes as provided in Paragraph 1(E). All other changes or amendments to subdivision plats, or other amendments, shall be considered minor amendments. (2) The parties shall cooperate to timely process any minor or major zoning amendments and any amendments to subdivision plats requested by Developer or its successors and assigns. MCO and the Town agree that any such amendments shall be incorporated by this reference into this Agreement with the same force and effect as if set forth herein and shall not require corresponding amendment to this Agreement. G. Town Regulation of Development. Except as provided herein, the rules, regulations, fees, and official policies applicable to and governing the development of (i) Parcel 1, shall be the County Standards and (ii) Parcel 2, shall be those rules, regulations, and official policies which are existing and in force for the Town as of the date of the recording of this Agreement. The Town shall not impose or enact any additional conditions, zoning exactions, dedications, rules or regulations applicable to or governing the development of the Property except for the following: (1) future land use rules, regulations and official policies of the Town that are consistent with and not contrary to the Zoning, that are consistent with the vesting of the Zoning as provided in Paragraph 1(C) and the Parcel 1 Plat as provided in paragraph 2(A), and that do not decrease the development potential of the Property; require any additional infrastructure improvements or dedications in connection with the development of the Property, except as specifically provided in this Agreement, or otherwise agreed to by the parties pursuant to amendment of the Parcel 1 Plat or Zoning; limit or adversely affect the rate, timing or sequencing of the development of the property; or limit or adversely affect the uses, number and density of dwelling units or intensity of development; (2) future land use rules, regulations and official policies of the Town enacted as necessary to comply with state and federal laws and regulations, provided that in the event any E: ATfORNEYTREANNEKDOC 2/8/99 3:49 PM Page 4 of 14 such state or federal laws or regulations prevent or preclude compliance with this Agreement, such affected provisions of this Agreement shall be modified as may be necessary in order to comply with such state and federal laws and regulations; and (3) future imposition of taxes or filing or review fees, development fees, or modifications thereto, so long as such taxes or fees are imposed or charged by the Town to all persons and entities. To the extent that any new or amended rules, regulations or official policies (i) of the Town or (ii) the County, as applied by the Town hereunder, and not specifically enumerated in subparagraphs (1), (2) and (3) above conflict with this Agreement, then this Agreement, the Parcel 1 Plat and the Zoning shall control. H. No Moratorium. The parties agree and acknowledge that this Agreement contemplates the phasing of the development of Parcel 1 and Parcel 2, and no moratorium, ordinance, resolution or other land use rule or regulation or limitation on the rate, timing or sequencing of the development of either Parcel 1 or Parcel 2 or any portion thereof adopted by the Town shall apply to or govern the development of the Property during the term hereof unless such moratorium is in compliance with A.R.S. §9-463.06, or successor state moratorium statute. The Town and MCO recognize and agree that the terms of this paragraph 1(H) do not bind or benefit other governmental entities or private parties, except the successors and assigns of MCO hereunder. The Town and MCO also recognize and agree that the terms of this paragraph 1(H) shall be of no force or effect if A.R.S. §9-463.06 is repealed or held unconstitutional by a final order of a court of proper jurisdiction. The Town and MCO further recognize and agree that if any action by the Town causes conflict between the provisions of this paragraph 1(H) and paragraph I (G)(2), that the provisions of paragraph 1(G)(2) shall control and apply to resolve conflicts. I. Municipal Services. MCO acknowledges that the Town, at the effective date of this Agreement, provides no municipal utility services and the Town has no control over the providing of utility services by other entities and makes no representations with respect to the availability of such utility services. Notwithstanding the foregoing, the Town agrees that in the event it provides municipal utility services in the future, and at such time the Property has been annexed to the Town as provided hereunder, the Town shall make such services available to the Property on the same terms of availability as are applicable to other real property served by the Town. J. No Development Obligation. Nothing contained herein shall be deemed to obligate MCO to commence construction on or complete any part or all of the development of the Property; provided, however, any development that is undertaken by MCO shall be performed in accordance with this Agreement. 2. Specific Provisions Regarding Parcel I A. MCO has obtained from Maricopa County approval for the Parcel 1 Plat and intends and wishes to develop Parcel 1 to its full build -out under the terms and conditions of the Zoning Ordinance and Subdivision Ordinance of Maricopa County ("County Standards") as more particularly set forth on Exhibit "C." Notwithstanding annexation of the Annexation Property by the Town, MCO may develop Parcel 1 with the uses, density, intensities and subdivision design standards set forth in the Parcel 1 Plat, pursuant to the County Standards. In connection therewith the Town shall grant all E: ATfORNEYTUANNEX.DOC 2/8/99 3:49 PM Page 5 of 14 approvals necessary to permit MCO Plat to develop Parcel 1 pursuant to the Parcel 1 Plat, pursuant to the County Standards, subject to the Town's timely review and approval of site plans and specifications. MCO agrees and understand that upon annexation of the Annexation Property to the Town, all other fees normally applicable to construction within the Town shall apply, and that the [ 1994] Uniform Building Code (UBC), i.e. such building code adopted and enforced by the Town as is applicable to the construction methods of structures, shall apply to Parcel 1. B. Pursuant to Town of Fountain Hills Subdivision Ordinance Article V, Section 503 (D), the Town hereby approves all cut and fill waivers necessary to construct the roadways in Parcel 1 and fully develop the lots in Parcel 1, including any necessary cut and fill waivers necessary to fully develop individual lots in Parcel 1, as platted and approved by Maricopa County pursuant to the Parcel 1 Plat. Pursuant to Town of Fountain Hills Subdivision Ordinance Article III, Section 305 (13)(3), the Town hereby excepts the streets as shown on the Parcel 1 Plat from the provisions of Town of Fountain Hills Subdivision Ordinance Article III, Section 305 (13)(1), provided that the maximum grade thereof shall be no more that 18 percent. C. The Town and MCO agree, understand and acknowledge that after annexation is completed by the adoption of an ordinance by a majority of the members of the Town Council, and the passage of the 30 day period for questioning the validity of the ordinance of annexation, the Town is required by the provisions of A.R.S. §9-471(L) to adopt the zoning classification which permits densities and uses no greater than those permitted by the County immediately before annexation. The parties further agree, understand and acknowledge that the zoning designation to be adopted by the Town after the annexation shall be the R1-43 P.U.D. zoning district as enumerated in the Zoning Ordinance of the Town of Fountain Hills, and permitting private streets within Parcel 1, 20 feet minimum front yard setbacks, and 20 feet minimum side street setbacks, and otherwise equivalent in all material respects to the R1-43 Zoning approved by the County. 3. Special Provisions Regarding Parcel 2 A. MCO has obtained from Maricopa County rezoning of Parcel 2 from R1-43 designation to the R-3 P.D. multifamily designation. B. The Town agrees that, upon execution of this Agreement, and the signing of a petition by MCO authorizing annexation of the Property, the Town shall support the current request by MCO of Maricopa County for such rezoning of Parcel 2. C. The Town and MCO agree, understand and acknowledge that after annexation is completed by the adoption of an ordinance by a majority of the members of the Town Council, and the passage of the 30 day period for questioning the validity of the ordinance of annexation, the Town is required by the provisions of A.R.S. §9-47(L) to adopt the zoning classification which permits densities and uses no greater than those permitted by the County immediately before annexation. The parties further agree, understand and acknowledge that the zoning designation to be adopted by the Town of Fountain Hills after the annexation shall be the M-1 P.U.D. zoning district as enumerated in the Zoning Ordinance of the Town of Fountain Hills, and permitting private streets within Parcel 2 and providing for site plan approval by the Town, and otherwise, except as provided in paragraph 3(E) below, equivalent in all material respects to the R-3 P.D. multifamily designation as approved by the County. D. MCO further agrees, understands and acknowledges that, except as otherwise provided in this Agreement, the development of Parcel 2 under the Town M-1 P.U.D. zoning E: WTTORNEYTUANNEX.DOC 2/8/99 3:49 PM Page 6 of 14 classification, as that zone exists now, shall be subject to all of the appropriate ordinances, rules and regulations of the Town at the time that development occurs. MCO further agrees that in connection with the approval of such M-1 P.U.D. zoning, it shall restrict Parcel 2 to prohibit its development as single owner commercial rental property. E. MCO agrees, understands and acknowledges that the zoning classification of M- 1 P.U.D., as provided for in this Agreement is a less intense use than the R-3 P.D. zoning designation approved for the Property by the County and that, as such, the zoning classification applied to the Property by the Town could result in fewer units being constructed than if the Property were to have been developed under R-3 P.D. zoning in Maricopa County, provided that in no event shall such Town Zoning provide for any less density for Parcel 2 than is set forth in paragraph l (E)(1) . 4. Cooperation and Alternative Dispute Resolution. A. Appointment of Representatives. To further the commitment of the parties to cooperate in the implementation of this Agreement, upon the request of either MCO or the Town, the Town and MCO shall each designate and appoint a representative to act respectively on behalf of the Town and its various departments and MCO , except as otherwise provided in this Agreement or by law. The initial representative for the Town (the "Town Representative") shall be the Town Manager or his designee and the initial representative for MCO shall be its Vice President, as identified by MCO from time to time. The representatives shall be available at all reasonable times to discuss and review the performance of the parties to this Agreement and the development of the Property pursuant to this Agreement. The representatives may recommend amendments to the Parcel 1 Plat, the Zoning or this - Agreement which may be agreed upon by the parties. B. Expedited Town Decisions. The Town and MCO agree that MCO must be able to proceed rapidly with the development of the Property and that, accordingly, an expedited Town review process is necessary. Accordingly, if at any time MCO believes that an impasse has been reached with the Town staff on any issue affecting the Property, MCO shall have the right to immediately appeal to the Town Representative for an expedited decision pursuant to this paragraph. If the issue on which an impasse has been reached is an issue where a final decision can be reached by the Town staff, the Town Representative shall give MCO a final decision within fifteen (15) days after MCO's request for an expedited decision. If the issue on which an impasse has been reached is one where a final decision requires action by the Town Council, or if MCO believes an impasse remains on any issue where a final decision has been given to MCO by the Town Representative, the Town Representative shall use its best efforts to schedule a Town Council hearing on the issue within four (4) weeks after MCO's request for an expedited decision; provided, however, that if the issue first requires review by the Town Planning and Zoning Commission, the matter shall be submitted to the Commission within four (4) weeks after MCO's request for an expedited decision. The Town Planning and Zoning Commission shall timely act on such matter within four (4) weeks after MCO's request for such action. Following action by the Town Planning and Zoning Commission, the matter shall be submitted to the Town Council for timely action, within four (4) weeks after MCO's request for such action. Both parties agree to continue to use timely efforts to resolve any impasse pending any such expedited decision. The foregoing expedited review process shall always be subject to notice and hearing procedures required by law. C. Default. Upon a failure or unreasonable delay by either party to perform or otherwise act in accordance with any term or provision of this Agreement, the other party may give written notice of default specifying the nature of the failure or delay and the manner in which it may be E:\A'rrORNEYTREAN NEX. DOC 2/8/99 3:49 PM Page 7 of 14 satisfactorily cured, if possible. In the event such failure or delay is not cured within thirty (30) days after such notice, the party receiving such notice shall be in default hereunder, and the nondefaulting party shall have all rights and remedies which may be available at law or in equity against the party in default hereunder. 5. Notices and Filings. A. Manner of Delivery. All notices, filings, consents, approvals and other communications provided for herein or given in connection herewith shall be validly given, filed, made, delivered or served if in writing and delivered personally or sent by telephonic facsimile or registered or certified United States Mail, postage prepaid, if to: The Town, the Town Council, and the Town Clerk: with a copy to: Town Clerk Town of Fountain Hills 16836 East Palisades Blvd. Building C P. O. Box 17958 Fountain Hills, AZ 85269-7958 Fax No. (602) 837-3145 Law Offices of William E. Farrell 10135 E. Via Linda, Suite 220 Scottsdale, AZ 85258 Fax No. (602) 661-7454 The Developer: MCO Properties Limited Partnership 16838 E. Palisades Blvd. P. O. Box 17795 Fountain Hills, AZ 85269 Attn: Executive Vice President Fax No. (602) 837-1677 with a copy to: MCO Properties L.P. 5847 San Felipe Suite 2600 Houston, TX 77057 Attn: Vice President/Managing Counsel Fax No. (713) 267-3702 or to such other addresses as either party hereto may from time to time designate in writing and deliver in a like manner. B. Mailing or Facsimile Effective. Notices, filings, consents, approvals and communications given by mail or facsimile shall be deemed delivered twenty-four (24) hours following deposit in the U.S. mail, postage prepaid and addressed as set forth above, or confirmation of facsimile delivery to the telephone member set forth above. E:WTTORNEY UANNEX.DOC 2/8/99 3:49 PM Page 8 of 14 6. General Provisions. A. Waiver. No delay in exercising any right or remedy shall constitute a waiver thereof, and no waiver by the Town or MCO of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. B. Headings. The descriptive headings of the paragraphs of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. C. Exhibits. Any exhibit attached hereto shall be deemed to have been incorporated herein by this reference with the same force and effect as if fully set forth in the body hereof. D. Further Acts. Each of the parties hereto shall execute and deliver all such documents and perform all such acts as reasonably necessary, from time to time, to carry out the matters contemplated by this Agreement. Without limiting the generality of the foregoing, the Town shall timely cooperate and process promptly any requests and applications for plat or permit approvals or revisions, and other necessary approvals relating to the development of the Property by MCO and its successors and assigns, or overwise required hereunder. E. Successors and Assigns. All of the provisions hereof shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto, except as provided in Paragraph 6(H) below, with respect to any Public Lot (as defined below). Notwithstanding the foregoing, MCO's rights and obligations hereunder may only be assigned by a written instrument, recorded in the Official Records of Maricopa County, expressly assigning such rights and obligations. In the event of MCO's complete assignment of all its rights and obligations hereunder, MCO's liability hereunder for acts occurring after the date of the assignment shall terminate effective upon the assumption by MCO's assignee. Except in connection with sale of a Public Lot (as hereinafter defined), MCO shall notify Town of assignment of any or all of its rights and obligations hereunder; provided, however, that all assignments, including those in connection with paragraph 6(G), shall be effective without the consent of the Town. F. Term. The term of this Agreement shall commence on the Effective Date and except as provided below shall automatically terminate on the tenth (10th) anniversary of such date; provided, however, that during the one (1) year period prior to the automatic termination of this Agreement, the parties shall meet and confer as often as either may reasonably request to determine if, and upon what terms, this Agreement shall be extended. If the parties are able to agree upon an extension, an extension agreement between the parties shall be executed and recorded. If the parties are unable to agree upon such an extension, either party may record a notice of termination of this Agreement to be effective on the tenth (10th) anniversary of the date of execution by both parties. Notwithstanding such termination, the provisions of Paragraph 1(C) shall survive the termination. G. Covenants Running with the Land. This Agreement is made as part of a common plan for the development of the Property and constitutes a "Development Agreement" as defined in A.R.S. §9-500.05, and all rights and obligations hereunder shall be considered to run with the land and benefit and burden all owners of all or any portion of the Property, including all owners who acquire title E: W Tf ORNEY\PREANNEX.DOC 2/8/99 3:49 PM Page 9 of 14 to any portion of the Property subsequent to the execution and recording of this Agreement, except as otherwise provided in Paragraph 6(H). H. Termination Upon Sale to Public. The Town and MCO hereby acknowledge and agree that this Agreement is not intended to and shall not create conditions or exceptions to title or covenants running with the Property as to Public Lots. Therefore, in order to alleviate any concern as to the effect of this Agreement on the status of title to any of the Property, this Agreement shall terminate without the execution or recordation of any further document or instrument as to any lot (a "Public Lot") which has been finally subdivided and individually sold or leased (for a period of longer than one year) or sold to the individual end purchaser or user thereof. Upon such sale or long term lease, such Public Lot shall be released from, and no longer be subject to or burdened by, any obligations under this Agreement. Notwithstanding the foregoing, the benefits of this Agreement shall continue to run as to any such Public Lot until a building and other improvements are constructed on such Public Lot, or until the termination of this Agreement, if earlier, at which time this Agreement shall entirely terminate as to such Public Lot. I. No Partnership: Third Parties. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between MCO and the Town. No term or provision of this Agreement is intended to or shall be for the benefit of any person, firm, organization or corporation not a party hereto, and no such other person, firm organization or corporation shall have any right or cause of action hereunder. J. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. All prior and contemporaneous agreements, representations and understandings of the parties, oral or written, are hereby superseded and merged herein. K. Amendments. No change or addition shall be made to this Agreement except by a written amendment executed by the parties hereto. Except as otherwise provided herein, any such amendment shall be adopted by Town Ordinance or resolution. L. Names and Plans. Subject to the provisions of the "Public Records and Documents" laws of the state of Arizona, MCO shall be the sole owner of all names, titles, plans, drawings, specifications, ideas, programs, designs and work products of every nature at any time developed, formulated or prepared by or at the instance of MCO in connection with the Property; provided, however, that in connection with any conveyance of portions of the Property to the Town, such rights pertaining to the portions of the Property so conveyed shall be assigned, to the extent that such rights are assignable, to the Town. Notwithstanding the foregoing, MCO shall be entitled to utilize all such materials described herein to the extent required for MCO to construct, operate or improvements relating to the Property. M. Good Standing; Authority. Each of the parties respectively represents and warrants to the other (i) that it is duly formed and validly existing under the laws of Arizona, with respect to MCO , or a municipal corporation within the State of Arizona, with respect to the Town, (ii) that it is respectively an Arizona limited liability company or an Arizona municipal corporation duly qualified to do business in the State of Arizona and is in good standing under the applicable state laws, and (iii) that the individual(s) executing this Agreement on behalf of the respective parties are authorized and empowered to bind the party on whose behalf each such individual is signing. EAATTORNEYVREAN NEX. DOC 2/8/99 3:49 PN1 Page 10 of 14 N. Legality. The Town hereby represents that: (1) The Town has complied or shall timely comply with all applicable laws and has taken or shall take all necessary steps, including without limitation, the holding of all required public hearings, to enter into this Agreement, obligate the Town hereunder, annex the Annexation Property and enact the Zoning; and O. Severability. If any provision of this Agreement is declared void or unenforceable, such provision shall be severed from this Agreement, which shall otherwise remain in full force and effect. If an applicable law or court of competent jurisdiction prohibits or excuses the Town from undertaking any contractual commitment to perform an act hereunder, this Agreement shall remain in full force and effect, but the provision requiring such action shall be deemed to permit the Town to take such action at its discretion. If, however, the Town fails to take the action required hereunder, MCO shall be entitled to terminate this Agreement. P. Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona. Q. Notice of A.R.S. §38-511. The Town hereby notifies MCO of the provisions of A.R.S. §38-511. Cancellation of political subdivision and state contracts; definition, which provides, inter alia, that The state, its political subdivisions or any department or agency of either may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the state, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the state, its political subdivisions or any of the departments or agencies of either is, at any time while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or a consultant to any other party of the contract with respect to the subject matter of the contract. The parties acknowledge that no person significantly involved in initiating negotiating, securing, drafting or creating this Agreement on behalf of the Town either is an employee or agent of MCO , in any capacity, or a consultant to MCO with respect to the subject matter of this Agreement. R. Time of Essence. Time is of the essence in this Agreement. S. Force Majeure. Neither party shall be deemed to be in default hereunder where failure or delay in performance of any of its obligations under this Agreement is caused by weather conditions, natural disasters, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties, material shortages, government regulations, referendums, court actions (such as restraining orders or injunctions) or other causes beyond such party's control. If any such events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder shall be extended by the period of time that such events prevents such performance provided that the term of this Agreement shall not be extended under any circumstances for a period which would cause this Agreement or provisions hereof to be void as violating the rule against perpetuities. E:\ATTORNEY\PREANNEX.DOC 2/8/99 3:49 PM Page 11 of 14 T. Counterparts. This Agreement may be signed in counterparts. and the fully qdW executed counterparts shall together constitute a single original Agreement. U. Effective Date. The effective date of this Agreement shall be the date of recordation of this agreement in the Office of the Maricopa County Recorder. V. Recordation. This Agreement shall be recorded in the Official Records of Maricopa County, Arizona within ten (10) days after this Agreement is executed by the Town and MCO. E:\ATTORNEYTREANNEX.DOC 2/8/99 3:49 PM Page 12 of 14 M 4) LOT COVERAGE: The maximum lot coverage shall be fifteen (15%) percent of the lot area. 5) DISTANCE BETWEEN BUILDINGS: The minimum distance between buildings on the same lot shall be fifteen (15) feet. SECTION 606. PARKING REGULATIONS. The parldng regulations are as provided in Section 2310 hereof. VI -2 .1 " ARTICLE XXII-A HILLSIDE DEVELOPMENT STANDARDS SECTION 2201-A. PURPOSE. The principal purpose of the hillside development standards is to allow the reasonable use and development of hillside areas while promoting the public health, safety, convenience and general welfare of the citizens of Maricopa County and maintaining the character, identity, and image of hillside areas. The primary objectives of the hillside development standards are: to minimize the possible loss of life and property through the careful regulation of development; to protect watershed, natural waterways, and to minimize soil erosion; to ensure that all new development is free from adverse drainage conditions; to encourage the preservation of the existing landscape by maximum retention of natural topographic features; to minimize the scarring of hillside construction. SECTION 2202-A. GENERAL PROVISIONS. 1) All portions of a lot or parcel having a natural slope of fifteen (15 %) percent or greater shall be subject to the regulations set forth in this Article. 2) The issuance of grading permits, building permits, hillside development plan approvals, or other approvals of improvement work on any real property, subject to the regulations in this Article, shall not be conditioned on altering, modifying or not utilizing existing grading, construction or other improvements on such real property to conform to the regulations in this Article if such existing grading, construction or other improvement was completed in conformance with valid permits, issued prior to the adoption of this provision. _ SECTION 2203-A. USE REGULATIONS. The use regulations which apply to property in any zoning district with which hillside development standards apply shall remain the same as specified in the primary zoning district unless otherwise specified herein. SECTION 2204-A. HEIGHT REGULATIONS. The height of all structures on portions of property having a natural slope of fifteen (15 %) percent or greater shall not exceed thirty (30) feet from original natural grade through any building cross section, measured vertically at any point along that cross section from original natural grade, provided this section shall not apply to transmission towers in excess of thirty (30) feet for which Special Use Permits have been issued. SECTION 2205-A. OTHER REGULATIONS. The yard, intensity of use, parking, loading and unloading, and additional regulations which apply to property in any zoning district to which hillside development standards apply shall remain the same as specified in the primary zoning district unless otherwise specified herein. ` SECTION 2206-A DEVELOPMENT STANDARDS. Development standards shall apply only to development on those portions of a property having a natural slope of fifteen (15 %) percent or greater. For purposes of this section grading shall be defined as any excavation or filling or combination thereof. 1) Grading and Drainage Requirements: There shall be no grading on or to any site other than percolation and test borings (100 square feet maximum in size) prior to the issuance of a Zoning Clearance and prior to final approval of complete plans by the Building Safety Division and the issuance of a Building (grading) Permit. XXII-A-1 a) In all rural and residential zoning districts the extent of grading on that portion of a lot which has a natural slope of fifteen (15 %) percent or greater, shall be limited to a total area not to exceed the lot coverage limitations of the zoning district, plus an area for construction purposes consisting of a band seven (7) feet wide around the perimeter of all approved structures and improvements. The coverage requirement shall exclude all areas used for sanitary system such as septic tanks and leach fields. b) Sewage Disposal System: Grading or disturbance of natural terrain and vegetation for the purpose of installing a sewage disposal system shall be confined to within seven (7) feet of the outside edge of the elements of that system such as the leaching bed or pits, tank and distribution box, and connecting lines as required by the County Health Department. C) All utility lines shall be located underground within the driveway graded area whenever possible. If this location is not possible, then disturbance of natural terrain for these lines shall be confined to within four (4) feet of either side of the lines. d) Drainage: The entrance and exit points and continuity of all natural drainage channels on a hillside site shall be preserved. e) All cut and fill slopes shall be completely contained by retaining walls or by substitute materials acceptable under the provisions of the Uniform Building Code (including riprap materials) except for: (1) The minimum amount of swale grading necessary for drainage purposes; or, (2) The minimum required to establish a driveway with associated parking and turn around areas (see Driveway Requirements); or, (3) Pursuant to the requirements as listed in Paragraph 2206-A, Subparagraphs 2, 3 and 4. 2) Retaining Wall Requirements: *2 a) For the purpose of this provision, a retaining wall is a wall or terraced combination of walls used to retain earth but not supporting a wall of a building. b) The height of a retaining wall is as measured from low side natural grade to the top of the wall, whether the top is retaining earth or not. Open railings on top of retaining walls are not included in height measurements. The height of the retaining wall shall be included in the permitted building height if the face of the building is within fifteen (15) feet of the retaining wall. c) The average height of a retaining wall shall be computed by taking the total vertical surface area of the wall above grade and dividing it by its length. d) The maximum height and average height of a retaining wall shall not exceed the following: XXII-A-2 AVERAGE SLOPE AT BUILDING * - % 15 - 25 25 - 30 30- 35 35 & Over Maximum Height (ft) 10 13 13 18 Average Height (feet) 6 8 9 11 * As determined by averaging percentage of slopes shown on sections through building on site plan submittal. e) The finished surfaces of any retaining wall shall blend into the natural setting. 3) Drivewgy Requirements: The area of natural terrain and vegetation disturbed for the purpose of the vehicle access to a building shall be limited as follows: a) For additional parking spaces, one thousand (1,000) square feet. b) The paved width of driveways shall not exceed fourteen (14) feet except at parking and turnaround. C) Exposed cut or fill slopes are acceptable for driveway construction, but the height of these slopes shall be limited to an average of four (4) feet on either side for the length of the driveway, but not to exceed eight (8) feet, provided the combination does not exceed twelve (12) feet. A maximum of one-third of the cross sectional width of driveway at any point may be on fill material and a minimum of two-thirds of the cross sectional width shall be on cut material or natural grade. d) At turn around areas adjacent to garages, exposed cut slopes or retaining walls shall be limited to heights for retaining walls as specified under "Retaining Walls" in this provision. e) Disturbance of natural terrain and vegetation shall be strictly limited to a band six (6) feet wide around all parking and driveway areas. 4) Slope Stabilization and Restoration: a) Vegetation shall be reestablished on all exposed fill slopes, cut slopes, and graded areas by means of a mixture of grasses, shrubs, trees or cacti to provide a basic ground cover which will prevent erosion and permit natural revegetation. In lieu of the reestablishment of vegetation, all exposed cut slopes shall be riprapped with stone or chemically stain treated with materials which blend in with the natural setting. b) Slope stabilization can be required if necessary as set forth in Chapter 70 of the Uniform Building Code. XXII-A-3 SECTION 2207-A PROCEDURAL REGULATIONS. 'Z 1) Prior to the issuance of a Zoning Clearance, a Plan of Development shall be submitted to and approved by the Planning and Zoning Commission for all uses, except for single-family residential and their accessories, on those portions of properties having a natural slope of fifteen (15 %) percent or greater. a) The Plan of Development shall be referred to the Planning and Zoning Commission upon report and recommendation from the Director and other county departments, and shall include those items which are required to obtain a Zoning Clearance as identified herein. b) The approval of the Plan of Development by the Planning and Zoning Commission may include reasonable additional requirements as to grading, cut and fill, slope restoration, signs, vehicular ingress and egress, parking, lighting, setbacks of buildings, etc., to the extent that the noted purpose and objectives of this Article are maintained and ensured. 2) In addition to the otherwise noted procedural and information requirements of this provision, all applications for a Zoning Clearance on those portions of properties having a natural slope of fifteen (15 %) percent or greater (including single-family residential uses) shall contain the following materials and information: a) Site Plan (1) Contour interval not exceeding five (5) foot intervals. (2) Site plan must be submitted on/or along with a topographic survey prepared by a civil engineer or registered land surveyor. (3) Scale of the site plan shall be not less than 1" =20'-0". (4) At all structures show sections through site and building at 25'0" intervals perpendicular to slope, giving percentage of slope at each, and showing exact heights of structures at each existing contour. (5) Each flood level shall be shown with different shading with a legend giving grade or elevation of each level. (6) Give proposed elevation or grade at garage floor and at existing street level at drive entry. Give percentage of total average slope, and percent and length of single steepest portion of driveway. () Give square footage of building, garage, patios and pool area individually. (8) Dot in all disturbed (or graded) areas and show the proposed method of final treatment. Dash in all retaining walls, showing the amount allowed (per regulations) and amount used. XXII-A-4 (9) Show how drainage -is altered, and if so, how it is redirected to original channel and show that the requirements regarding storm water runoff and drainage have been met. (10) Show location of all proposed utility lines, and septic tank or sewage disposal areas. (11) Give legal description, property dimensions and heading, name, address and telephone number of submitter. b) Elevations. (1) Show all four (4) elevations, giving accurate existing and proposed grade lines (Scale 1/4"-1'-0"). (2) Show total height of building, and give height and square footage of all retaining walls. XXII-A-5 *' Added 2-15-83 *Z Revised 1-4-89 DATE OF REVISIONS/ADDITIONS ARTICLE XXII-A XXII-A-6 Town of Fountain Hills Memorandum DATE: March 31, 2000 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder, Community Development Directo(: `J THROUGH: Paul L. Nordin, Town Manager SUBJECT: La Loma 3 Condominiums Eagle Mountain Investors, LLC is the applicant for this 9 -unit recondominiumization of a portion of the La Loma Condominiums located in Eagle Mountain. Please see the (very short) staff report for a full review of the project. Staff recommends approval of the final plat, Case Number S2000-009, with the stipulation listed in the staff report. IR TOWN OF FOUNTAIN HILLS STAFF REPORT MARCH 31, 2000 CASE NO.: S2000-009 LOCATION: Eagle Mountain Parcel 15, aka La Loma Condominiums, located northeast of Eagle Mountain Parkway, east of the Eagle Mountain Golf Course driving range. REQUEST: Consideration of the Final Replat of La Loma 3 at Eagle Mountain Condominiums. DESCRIPTION: OWNER: Eagle Mountain Investors L.L.C. APPLICANT: Eagle Mountain Investors L.L.C. EXISTING ZONING: "R-3" PARCEL SIZE: 22.195 Acres PROPOSED NUMBER OF UNITS: 9 units with this replat SURROUNDING LAND USES AND ZONING: NORTH: Unplatted land within the Firerock Country Club development, zoned 'R1-18 PUD.,, SOUTH: The Eagle Mountain Parcel 14 and 10/11 subdivisions zoned "RI -6A." EAST: Unplatted land within the Firerock Country Club development, zoned "R1-18 PUD." WEST: The Eagle Mountain Golf Course driving range, zoned "OSR." SUMMARY: This request by Eagle Mountain Investors L.L.C. is for approval of a "shrink-wrap" replat of nine existing land condominium units to their final airspace configurations. Last year the Planning Commission and the Town Council approved the La Loma at Eagle Mountain Condominium plat. This plat condominiumized 82 pieces of land. At that time the developer was unsure of the exact future unit types and their future exact locations within the subdivision. As was stipulated with that approval, no building permits would be issued units until secondary "shrink-wrap" replats of those individual airspaces occurred. The developer has now sold or committed to sell these nine units, and the exact floorplans and building heights can now be exactly described. Recommendation Staff recommends approval of the final replat for La Loma 3 at Eagle Mountain Condominiums, Case Number S2000-009, with the following stipulation: 1. Prior to final plat recordation, the applicant shall provide the Town with two copies of the declaration of Condominium for the subdivision, if that declaration has not already been recorded with the County Recorder. 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MA € �'rr .gMh 9t O ado � \\ P(t -sem rsr s 2 \ somal - �i �ozows�annwanaa5Ko8iszu�9 33% ZAIA • hn a 2 m^s r` o� t 0:-r 4 W^y G•�ai nu.u+ r ,N•u ,G•sz �, oPN (53119311 09d'0'774) 0 3 01 Al 0 9 n S N n =1a 55 n r d0 SdV ��A'ZF, 3�y n X 9Eb d .� Nf VyNn0� 37� did a Q D w M u .aaa nannun a aaaw S wsxu - a.a oaoz v w- u.a uDV[lYOGCi\[19�.+\GO\m04LiVinN\A - 3U dill_ r^Q m^s r` o� t 0:-r 4 W^y G•�ai nu.u+ r ,N•u ,G•sz �, ^ _ I v g$_ SA, (53119311 09d'0'774) 0 3 01 Al 0 9 n S N n =1a 55 n r d0 SdV ��A'ZF, 3�y n X 9Eb d .� Nf VyNn0� 37� did a Q D w M u .aaa nannun a aaaw S wsxu - a.a oaoz v w- u.a uDV[lYOGCi\[19�.+\GO\m04LiVinN\A - 3U dill_ r^Q m i�ptK BOO us .ms ux R )i Z I,; L______________ I ,m•tt _5 ------ -------- _5 4, rvvy) I. 6ME�x1- 3tLL �OIWpItMMtt�\At\KOtLi �!tPN\'1 3L To: The Honorable Mayor and Common Council From: Joan Blankenship, Planning Technici Date: 03/31/00 Re: Board of Adjustment Appointment Attached is an application for appointment to the Town of Fountain Hills Board of Adjustment from Mr. Eugene Peters. The closing date to receive applications for the Board of Adjustment was Friday, March 24, 2000. Mr. Peters' application was the only one received. Mr. Valder and I would like to suggest that the Mayor and Council consider appointing Mr. Peters to the Board of Adjustment for the two-year term, which began on February 1, 2000 and ends January 31, 2002. This appointment would then have all positions of the five -member board filled. 0 Page 1 TOWN OF FOUIqTAIN HILLS BACKGROUND AND PERSONAL DATA OUTLINE APPOINTMENT TO COMMISSIONS AND BOARDS COMMISSION OR BOARD IN WHICH INTERESTED: NAME: � u4� N �_ 1 �� e) �p77 r'0" OF F%'h- A MILLS MAR 0 3 2000 COMMUIVITNT'Fta;;,, � r PHONE: L&j, e,7 7-2,C_? ADDRESS: I yZ 6 Z Fbt,, Biu 44zzj ARE YOU REGISTERED TO VOTE IN TOWN ELECTIONS?: NO PLEASE SUMMARIZE YOUR EDUCATIONAL BACKGROUND: (Including colleges attended and degrees obtained, if any) en A 196w — AZVvj��;.m1 %4 /J 0717c Pint PRESENTLY EMPLOYED BY: 7-o " y l9- Co y &1 ,C, .-T,jc JOB TITLE: Co 0 /TfLo1, i 6rl PHONE: BUSINESS ADDRESS: S1 I W, jl q z�j -S-7-, 4,7 PHONE: CURRENT ORGANIZATIONAL MEMBERSHIPS & OFFICES HELD: ���,r Rs ` cH/lgyz� 6u7 -1-N4 rrP� c' 4 T /— Y C1 -IA O oe Cj m t,a„cc IWI /'? y 9 - 5 C n-57 7v / YC*t, -rye n jc iCvAn, c- 7c i& Eco t,.Y 2 2 � 7 { r- Utz � yC n-rc ✓ i PAST ORGANIZATIONAL MEMBERSHIPS & OFFICES HELD: f V T `1 C e-rj DATE: SIGNATURE: i , QUESTIONS FOR BOARD OF ADJTUSTMENT APPLICANTS (Please use additional lines on last page or add additional pages if necessary.) Following is a hypothetical case regarding an application for a variance. Jean Benefactor who consistently makes large charitable contributions to your town wants to build her dream home on a lot she recently purchased in the most exclusive residential neighborhood. This neighborhood was almost entirely built -out in the 1970's except for a few remaining vacant lots. A new zoning ordinance was adopted for our town in the early 1990's which changed the setback requirements and height limit applicable to Jean Benefactor's neighborhood. Approximately 60% of the existing older homes do not conform to the new setbac! and hcigia restrictions. Jean Benefactor wants a variance so that she can build in conformance with the old setback requirements as 60% of her neighbors did. Jean Benefactor also wants a height variance so that she can have additional sleeping quarters for many orphans she cares for. The following issues arise at the Board of Adjustment hearing: 1. Assuming Jean's lot and her neighbors' lots are similar, would you vote to grant the setback variance? Please explain. —Z -r 7V_ k .TS c, rl,-04 TA _151L TWA 0 ea b Af Ih— _7< lJ Z- a -V o✓b ,X�Vt ot-) �-�- 2. Will the fact that Jean is performing a tremendous public service justify the height variance? Why or why not? /—)0,,,9eg— 4Jj- .0� —1?�r PA -1 4A71 kJ o k c %i -J- 7,1-Z L /-- r2V Co,- i1 I) T� .2.o /J -z-;kt 4 , 3. There are a number of lots, due to their topography, that are much more expensive to build on when conformance to the strict terms of the Code is enforced. Do you believe that economics should be a factor in considering a variance? If so, to what degree? /?7 L 11 G9 F eJ fne' 007-444,6_04f, A 11 A .Z� G� h �� T ,BOG � w�s�l 91�'"� N G���-�-► /� i T � �}✓ � q cc eY7)Vjzb- 7141-u 0,,o(. 4. Some people desire to build their "dream home" in Fountain Hills but cannot afford a lot large enough for the house to conform to the minimum setback requirements. Should we grant variances so we can have the growth and income in our community? -`Il c_o s L. -CZ� g" oic 7%" Lo T Vs, —/79- S'7� -i rvV 5. A resident has applied to the Committee of Architecture to build an addition onto their home which would encroach into the rear yard setback area as established in both the restrictive covenants and the Zoning Ordinance. The Committee of Architecture approved a variance from the restrictive covenants and the resident applies for a variance from the Zoning Ordinance. None of the neighbors object, but no special circumstances exist. The resident wants the addition to serve as a storage room and a bathroom for the swimming pool. The Zoning Ordinance allows the resident to build a detached building to accomplish his needs, but they agree that the detached building is much less desirable and less aesthetically pleasing than the addition. Should a variance be granted because there is not objection and the proposal is more aesthetically pleasing than the limits of other parts of the Code will allow? Please explain. -ZF N� �, F3L1 LPiC `I 7 �auti/�J BDgrz. v � -7- tioL 1,4 6. Our current Code regulates development of hillsides. A number of people build large homes and change the grade to nearly the maximum extent possible in setting their homes. After they are in their home, they desire to do further grading to install a swiama—ling pool with ac: accessory cool deck and pado. T"Ids further grading will require them to go beyond the limits established in the Housing Development Standards section of the Zoning Ordinance, so they seek a variance. Do you believe that a variance should be granted to permit grading or disturbance of a hillside beyond the current limits so these people can have a swimming pool? Poo J'//C' C/ L- F& iv 6,1 44P-1 /a,^ r Q o ,� � p�� , c o,oL egz-z, 77'�6- T eve rx R:W-2�36v D F V71C &J R, 6 r 0-r- 74�0 Z-' 7. There are occasions when somebody seeks a variance to place a house they have had designed, that will not fit the lot, without a lot of disturbance to the natural terrain. The owner applies for a variance to encroach in a setback area to minimise expensive site disturbance. The lot is not regulated by the Hillside Development Standards and the Town Code will allow-1he grading necessary for the house to conform to the setback requirements. The adjoining neighbor comes to the hearing asking that the variance be granted because the desired location will allow them to continue to see the Fountain and if the variance is not granted, the applicant will be required to locate this house in a place that will obscure their view of the Fountain. Do you believe the Town should allow the applicant to save site preparation costs, help maintain the natural terrain and make the adjoining neighbors happy, by granting the variance; or would you take a stand that if site preparation costs are an issue, the house could be redesigned to better fit the lot and stay within the prescribed setback requirements, and that a variance should not be granted for view protection? Please explain. 1740 --,23 A- tf--p 61t-04 �/ hUIU,�-, 0-e7i / "7 =/tow, Law Offices Of William E. Farrell, P.L.L.C. Tel (480) 661-6044 William E. Farrell Fax (480) 661-7454 MEMORANDUM TO: Mayor and Council Town Manager Town Clerk FROM: William E. Farre Town Attorney �lA� DATE: March 27, 2000 RE: CCWC Sale American States Water Company Suite 220 10135 E. Via Linda Scottsdale, AZ 85258-5312 On Wednesday, March 22, 2000, Mayor Morgan, Mr. Nordin, and I met with representatives of CCWC and the prospective purchaser. The sale of the water company is proposed to an organization known as Southern California Water Company which is a subsidiary of American States Water Company. We met with AWR president, Mr. Floyd Wicks, and two vice-presidents, Mr. Joel A. Dickson and Mr. Donald K. Saddoris. The firm is represented locally by the law firm of Snell & Wilmer and, specifically, by Mr. Thomas L. Mumaw. The meeting was very cordial and the conversation was very direct. Mr. Wicks laid out the fact that AWC is traded on the New York Stock Exchange under the symbol AWR, and that the company maintains a website at www.aswater.com. The company is headquartered in San Dimas, California. This is the first venture of ownership outside of the State of California in the water business, and the company indicated that they are anxious to see if they can acquire other properties within the state. Mr. Wicks asked the Town representatives about our intentions to possibly acquire the company, using the power of eminent domain. I indicated to all those present that it most certainly was the desire of the current Council to obtain the ownership of the water utility at some point in the future and, to the best of my knowledge, there were no immediate plans for the Town Council, Town Manager, Town Clerk March 27, 2000 Re: CCWC Sale - American States Water Company Page 2 acquisition by the use of condemnation. I did inform everyone, however, that it is a Council decision and that the Council will be reviewing its budget during the summer of 2000. I concluded by saying that the purchase price that was announced in the paper was most likely a little too rich for the Town's appetite at present but, if at any time the new owners wish to talk to the Town, we would be most willing and responsive to talk to them regarding possible acquisition. I then asked what their intentions were with regard to rate increases, and I was assured by the president that there would be no rate increases proposed during the balance of this calendar year. I mentioned that the Council and the citizens would be most happy to hear that. Both CCWC and AWR have requested the Town Council give consideration to forwarding a letter to the Arizona Corporation Commission encouraging the Commission to approve the sale. I am attaching a sample of such letter and marking it as "draft." I would like to place this item on the Council's agenda for Thursday, April 6, 2000 for discussion and possible action. A copy of the annual report for 1999 is available at the manager's office. Respectfully submitted, e13,t�AA William E. Farrell Town Attorney WEF:pf encl. Tel(480)661-6044 Fax (480) 661-7454 Law Offices Of William E. Farrell, P.L.L.C. William E. Farrell April 7, 2000 DRAFT The Honorable Carl J. Kunasek, Chairman The Honorable Jim Irvin, Commissioner The Honorable William A. Mundell, Commissioner Arizona Corporation Corporation 1200 West Washington Phoenix, AZ 85007-2996 Re: Chaparral City Water Company Gentlemen: Suite 220 10 13 5 E. Via Linda Scottsdale, AZ 85258-5312 I am writing as the Town Attorney for the Town of Fountain Hills pursuant to direction of the Town Council taken as part of their regular agenda considered on the evening of April 6, 2000. Chaparral City Water Company (CCWC), a private water company within the Commission's jurisdiction, has been providing water service to Fountain Hills' residents since before the Town's incorporation in 1989. MCO Properties, Inc., the master developer of Fountain Hills, has now agreed to sell CCWC to American States Water Company. The Town has had an opportunity to review and confirm that American States Water Company has been in operation for over 70 years, and presently serves in excess of 300,000 clients in the State of California. The Honorable Carl J. Kunasek, Chairman The Honorable Jim Irvin, Commissioner The Honorable William A. Mundell, Commissioner ow Re: Chaparral City Water Company Page 2 All parties will be before the Commission shortly, pursuant to your Rule 803, requesting permission from the Commission for the transaction to proceed. The purpose of this letter is to advise you that the Town of Fountain Hills Town Council fully supports this acquisition of CCWC, and we look forward to working with the new owner as a corporate citizen in our community and as a provider of a necessary and vital service to our residents. Respectfully submitted, William E. Farrell Town Attorney Town of Fountain Hills WEF:pf cc: Mayor and Council Town Manager Town Clerk Deborah L. Scott, Director of Utilities Division Lyn Farmer, Esq., Chief Counsel Jerry L. Rudibaugh, Chief Hearing Officer Town of Fountain Hills Memorandum DATE: March 31, 2000 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder, Community Development DirectoyAKO FROM: Paul L. Nordin, Town Manager SUBJECT: Consideration of Ordinance 00-06, to rezone the Shea Retail Center (Target) property from the "IND -1" to the 11C-2 PUD" Zoning District, consideration of a cut/fill waiver and a preliminary plat for the 10 -lot Shea Retail Center development. Staff has modified our recommendation to the Council regarding the hillside disturbance issues with the Shea Retail Center preliminary plat. Staff recommends that the Council deny the applicant's proposal that the Town accept an alternative methodology for calculating the "Preservation Requirement" and the "Disturbance Allowance" as allowed for under in Ordinance 99-30. Instead, staff is recommending a stipulation that the applicant acquire other lands in Town and transfer the disturbance allowance from those lands to the Shea Retail Center under the "Hillside Transfer and Protection Option" in the Subdivision Ordinance. Please see the staff report and Stipulation #1 for more information. 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 crossed out: Section 5. The following uses are specifically permitted within this "C-2 PUD" Zoning District: A. Any Uses Permitted in the GO Zoning District. Town Council Memorandum Case Numbers Z99-24, CFW99-08 and S99-40 March 31, 2000 Page 2 of 4 B. Any of the Following Commercial Uses: 1. Amusement arcades enclosed within a building. 2. Appliance sales, repair and service. 3. Automotive fuel dispensing statiens of: gaseline sale&. 4 n ..«seeds laundriosenr washes -or autom bile detailing businesses enly as an aeees. i- use to ..n automobile ,hems d' ' 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. 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. 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 maior tenant, 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. Town Council Memorandum Case Numbers Z99-24, CFW99-08 and S99-40 March 31, 2000 Page 3 of 4 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. 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 and 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 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. � �� �� • • , �� 1. •1 •' x'!11 ��� • �' �- 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. Town Council Memorandum Case Numbers Z99-24, CFW99-08 and S99-40 March 31, 2000 Page 4 of 4 Planning Commission Recommended Stipulations to the Preliminary Plat: 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. 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. MAR.31.2000 2:40PM W. RALPH PEW, P.C. . Ralph Pew, P. c. Reel Estate and Lend Use Allorneys W. Ralph Pew NrOF,ed Reel Esrara Specrallsl ralph pawoubawrif Sean 9. Lake seandokeaA."tororp VIA FACSIMILE TRANSMISSION (480) 837.3945 Jeffrey Valder Community Development Director Town of Fountain Hills 16836 East Palasades Boulevard Fountain Hills, CA 85268 March 31, 2000 Re: Ordinance No. 00-06 ("Target") Dear Jeff: N0. 114 P.1/3 The Barclay Group ("Applicant") provides to you the following comments concerning the recommendations from the Planning and Zoning Commission in connection with Ordinance No. 00-06: 1, The Applicant disagrees with the deletion of Items 3 and 4 in Section 5(B). 2. The Applicant aggress with the deletion of Item 24 and the modification of Item 29 of Section 5(B). 3. The Applicant agrees with the modifications to Section 7. 4. The Applicant agrees with the modifications to Section 9. 5. The Applicant disagrees with the creation of a new Section 13 and specifically requests that the Town Council approve Ordinance No. 00-06 without the addition of a new Section 13, 10 West Main Street - Mesa Arizona 86201 - 480 461 4670 [phone] • 480 461 4675 (fax] MAR.31.2000 2:41PM W. RALPH PEW, P.C. N0.114 P.2i3 Jeffrey Valder March 31, 2000 Page 2 With respect to the Stipulations from the Planning Commission concerning the Preliminary Plat, the Applicant responds as follows: The Applicant will be prepared at the Town Council meeting to address the issue of the off-site hillside land as provided in Ordinance No. 99-30 and to indicate its compliance with the "Preservation Requirement" and the "Disturbance Allowance." 2. The Applicant disagrees with the Planning Commission's stipulation concerning the elimination of the driveway between Lots 2 and 3 and the driveway at Lot 6 on Shea Boulevard. These driveways / curb cuts have been specifically addressed and recommended for approval by the traffic study submitted to the Town Staff. Allowing these curb cuts / driveways as provided on the site plan presented by the Applicant will facilitate the flow of traffic throughout the entire project and will diminish the demand and traffic burden on the main entrance to the project. As indicated in the traffic study, the curb cuts / driveways will not create a hindrance to the traffic nor will such driveways I curb cuts be a traffic hazard or safety problem, 3. The Applicant disagrees with the Planning Commission's recommendation that traffic exiting the main entrance to the project be prohibited from making a leaf turn into the westbound lane of Shea Boulevard. While prohibiting such a left turn may seem to make sense at this time, once the traffic light is installed at the intersection of Technology and Shea Boulevard, the traffic lights will be synchronized such that there will be a gap in the traffic that will allow (within safe design parameters) a left turn from the project into the westbound lane of Shea Boulevard. 4. The Applicant supports and agrees with the Planning Commission's recommendation for a reduction in the speed limit on Shea Boulevard. MAR.31.2000 2:42PM W. RALPH PEW, P.C. N0.114 P.3i3 Jeffrey Valder March 31, 2000 Page 3 Thank you for your attention to these items and we would appreciate your delivering a copy of this letter to the Mayor and Members of the Council. WRP:gss Cc: Paul Nordin [VIA FACSIMILE TRANSMISSION) Trey Eakin [VIA FACSIMILE TRANSMISSION) Bill Farrell [VIA FACSIMILE TRANSMISSION} TOWN OF FOUNTAIN HILLS STAFF REPORT MARCH 31, 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 "IND -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" 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", 64C-211, "R-311, "R-5" and "R143." SOUTH: Developed and undeveloped industrial, multi -family and single-family lots within Plats 414,412-A and 412-B, zoned "IND -1", " IlVD-2", "R-3" and "R1-43." WEST: Developed and undeveloped industrial unsubdivided land and lots within Plat 412- A, zoned "I4D-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 staff's review of the proposed rezone, cut/fill waiver and the proposed preliminary plat. Each of these three applications will be reviewed separately as follows: Town Council Staff Report Case Numbers Z99-24, S99-40 and CFD99-08 March 31, 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 "2413-1" 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. 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 April 6, 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 U , EXHIBIT "A" Legal Description 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" W, 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 comer 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 comer 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; Transpertation THENCE Southwesterly along the arc of said curve and said right-of-way line Urban land through a central angle of 25 degrees 04 minutes 00 seconds, an arc length of 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:UOB\42049\01\13oundary Exhibit Desc.doc THENCE along the arc of said curve through a central angle of 86 de reps 40 minutes 29 seconds, an way line of Laser Drive PLAT NO. 412-A; 9 arc distance of 30.26 feet to the Southwesterly right -of - as shown on said FOUNTAIN HILLS ARIZONA FINAL 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 minutes 00 seconds, an way line of Technology FINAL PLAT NO. 412-A; of said curve through a central angle of 90 degrees 00 arc distance of 31.42 feet to a point on the East right -of - Drive, as shown on said FOUNTAIN HILLS ARIZONA 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 Statttec bears North 57 degrees 39 minutes 57 seconds East, 429.45 feet; 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:UOB442049\01\13oundary Exhibit Desc.doc $tantec 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. W:VOB142049101Soundary Exhibit Desc.doc r` M Lot name: TOTAL -A North: 920.3734 Line Course: S 58-00-00 E North: 726.9529 Curve Length: 141.80 Delta: 21-57-31 Chord: 140.94 Course In: S 32-00-00 W RP North: 413.1751 End North: 630.8718 Line Course: S 36-02-29 E North: 611.1017 Curve Length: 30.26 Delta: 86-40-29 Chord: 27.45 Course In: S 53-57-31 W RP North: 599.3344 End North: 583.8723 Curve Length: 368.37 Delta: 25-04-00 Chord: 365.44 Course In: S 39-22-00 E RP North: -67.0802 End North: 748.8311 Line Course: N 75-42-00 E North: 787.1159 Curve Length: 290.75 Delta: 21-58-39 Chord: 288.97 Course In: N 14-18-00 W RP North: 1521.6298 End North: 910.5600 Line Course: N-32-07-00 W North: 1189.2970 Line Course: N 61-20-00 W North: 1251.7124 Line Course: N 37-55-34 E North: 1344.6967 Curve Length: 225.02 Delta: 1-53-48 Chord: 224.99 Course In: S 38-31-59 W RP North: -3972.6323 End North: 1481.9364 Line Course: S 36-38-11 W North: 1361.5706 Curve Length: 2078.73 Delta: 17-55-01 Chord: 2070.29 Course In: S 36-38-11 W RP North: -3972.6323 End North: 2323.2149 East: 5703.4209 Length: 365.00 East: 6012.9585 Radius: 370.00 Tangent: 71.78 Course: S 47-01-15 E Course Out: N 53-57-31 E East: 5816.8884 East: 6116.0675 Length: 24.45 East: 6130.4531 Radius: 20.00 Tangent: 18.87 Course: S 07-17-46 W Course Out: S 39-22-00 E East: 6114.2813• East: 6126.9669 Radius: 842.00 Tangent: 187.18 Course: N 63-10-00 E Course Out: N 14-18-00 W East: 6661.0313 East: 6453.0582 Length: 155.00 East: 6603.2556 Radius: 758.00 Tangent: 147.19' Course: N 64-42-41 E Course Out: S 36-16-39 E East: 6416.0304 East: 6864.5364 Length: 329.10 East: 6689.5721 Length: 130.11 East: 6575.4102 Length: 117.88 East: 6647.8646 Radius: 6797.49 Tangent: 112.51 Course: N 52-24-55 W Course Out: N 36-38-11 E East: 2413.2591 East: 6469.5568 Length: 150.00 East: 6380.0466 Radius: 6647.49 Tangent: 1047.93 Course: N 62-19-19 W Course Out: N 18-43-10 E East: 2413.2591 East: 4546.6675 Line Course: S 19-56-35 W North: 2154.2253 Line Course: S 65-04-14 E . North: 1829.1294 Curve Length: 150.31 Delta: 20-03-12 Chord: 149.54 Course In: N 77-43-09 E RP North: 1920.4749 End North: 1690.7809 Line Course: N 65-12-00 E North: 1715.9480 Line Course: S 24-48-00 E North: 1470.8481 Curve Length: 272.69 Delta: 24-48-00 Chord: 270.57 Course In: S 65-12-00 W RP North: 1206.5933 End North: 1206.5933 Line Course: S 00-00-00 W North: 956.5933 Curve Length: 31.42 Delta: 90-00-00 Chord: 28.28 Course In: S 90-00-00 E RP North: 956.5933 End North: 976.5933 Line Course: S 90-00-00 E North: 976.5933 Curve Length: 206.65 Delta: 32-00-00 Chord: 203.97 Course In: S 00-00-00 W RP North: 606.5933 End North: 920.3711 Length: 179.77 East: 4485.3505 Length: 771.28 East: 5184.7684 Radius: 429.45 Tangent: 75.93 Course: S 22-18-27 E Course Out: S 57-39-57 W East: 5604.3912 East: 5241.5304 Length: 60.00 East: 5295.9971 Length: 270.00 East: 5409.2491 Radius: 630.00 Tangent: 138.51 Course: S 12-24-00 E Course Out: S 90-00-00 E East: 4837.3493 East: 5467.3493 Length: 250.00 East: 5467.3493 , Radius: 20.00 Tangent: 20.00 Course: N 45-00-00 E Course Out: N 00-00-00 E East: 5487.3493 East: 5487.3493 Length: 20.00 East: 5507.3493 Radius: 370.00 Tangent: 106.10 Course: S 74-00-00 E Course Out: N 32-00-00 E East: 5507.3493 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 EXHIBIT IS", Rezone Map Ordinance 00-06 Page 8 of 9 BOUNDARY EXHIBIT UNE I Lt L2 ANGLE I N 35-02'29' w N 90'00'00' w DISTANCE 24.43' 20.00' CURVE DELTA RADIUS I ARC LENGTH Ci 86'40'29' 20.00' 30.25 C2 90100'00' 20.00' 131.42' :t r Nay ,lob No: 24204901 I ENGINEERING . PLANNING A Stan LANDSCAPE ARCHITECTURE . . WATER RESOURCES . SURVEYING . TRANSPORTATION . P:\24204901 FIELDSUR EXHIBIT-BOUNDARY.DWG Prepared By- JAE Data 02/14/00 Checked By. MJP Qh!aet No; 1 Of 1 Or 80 �Ofig . +4r TEOO"OCY N 230.00 .00tV4 QQQL G' A (A G •may v�•/ 4 ��� Exhibit "B„ s 425 S. 48th STREET, SUITE 101 LANp S V. 9L� TEMPE, AZ 85281-2315 `y��''��c�F1 33856 o PH: [480] 557-9100 c JAMES A. FAX: [480] 557-9300 EKBERG I ENGINEERING . PLANNING A Stan LANDSCAPE ARCHITECTURE . . WATER RESOURCES . SURVEYING . TRANSPORTATION . P:\24204901 FIELDSUR EXHIBIT-BOUNDARY.DWG Prepared By- JAE Data 02/14/00 Checked By. MJP Qh!aet No; 1 Of 1 EXHIBIT `°C" Plan of Development Ordinance 00-06 Page 9of9 Exhibit d SHEA RETAq. CENTER.Y_-� L+ p •mer p , � � � 31#A IOIIIFYAIO / S�Gt1�0 /OI�YAAp W � � � "r"""te iOURAM IKl; A�QOIN pie SITE PLAN im KM RM O 3., MK - 87 it Al� J. Z z LU it LU LU LU z 0 LL- C<I. 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I Shea Retail Center - STANDARD METHODOLOGY (All Numbers In Acres) 2/3/00 Development Area (Ex. Roads) 0-10% 10-20% 20-30% 30%+ TOTAL 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) 1000/0 30% 20% 100/0 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 3.4215 8.1150 3.3545 0.7638 15.6548 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 1000/0 30% 20% 100/0 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 7 Shea Retail Center - MODIFIED METHODOLOGY AS PROPOSED BY APPLICANT (All Numbers In Acres) 2/3/00 Development Area (Ex. Roads) SLOPE BAND TOTAL AREA 2/24/00 Development Area (Ex. Roads) SLOPE BAND TOTAL AREA 2/24/00 Preservation Area SLOPE BAND TOTAL AREA DISTURBANCE % ALLOWED PRESERVATION AREA REQUIRED DISTURBANCE AREA ALLOWED 2/3/00 Development Area (Ex. Roads) SLOPE BAND TOTAL AREA PRESERVATION AREA REQUIRED DISTURBANCE % ALLOWED DISTURBANCE AREA ALLOWED PROPOSED DISTURBANCE PROPOSED PRESERVATION EXCESS (SHORT) ADDITIONAL PRESERVE NEEDED 2/24/00 Development Area (Ex. Roads) SLOPE BAND , TOTAL AREA PRESERVATION AREA REQUIRED DISTURBANCE % ALLOWED DISTURBANCE AREA ALLOWED PROPOSED DISTURBANCE PROPOSED PRESERVATION EXCESS (SHORT) ADDITIONAL PRESERVE NEEDED Lq 0-10% 10-20% 20-30% 30%+ TOTAL 24.6752 7.2453 2.9898 2.2319 37.1422 0-10% 10-20% 20-30% 30%+ TOTAL 26.2522 5.4813 1.9190 1.7480 35.4005 0-10% 10-20% 20-30% 30%+ TOTAL 3.4215 8.1150 3.3545 0.7638 15.6548 100% 30% 20% 10% 0.0000 5.6805 2.6836 0.6874 9.0515 3.4215 2.4345 0.6709 0.0764 6.6033 0-10% 10-20% 20-30% 30%+ TOTAL 28.0967 15.3603 6.3443 2.9957 52.7970 0.0000 10.7522 5.0754 2.6961 18.5238 87.83% 47.17% 47.13% 74.51% 28.0967 4.6081 1.2689 0.2996 34.2732 24.6752 7.2453 2.9898 2.2319 37.1422 3.4215 8.1150 3.3545 0.7638 15.6548 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0-10% 10-20% 20-30% 30%+ TOTAL 29.6737 13.5963 5.2735 2.5118 51.0553 0.0000 9.5174 4.2188 2.2606 15.9968 88.470% 40.32% 36.39% 69.60% 29.6737 4.0789 1.0547 0.2512 67.0521 26.2522 5.4813 1.9190 1.7480 35.4005 3.4215 8.1150 3.3545 0.7638 15.6548 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 SISAIV rr UOIS ownm / UMvw �.. 1l31N33 WIN V3HS oaao � �III g $ 00 O o ( 8 g i 8 8 8 8 8 s d d d R f$ !!¢gyp■ ■�3 oaao � �III g A I 3 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 Walgreens 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+- s+ quare feet for a large store 17,000+- square feet for a midsize 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. 7 MEMORANDUM Chron 31 TO: Jeff Valder and Planning and Zoning..,,Coommission FROM: Jim Leubner, Civil Engineer SUBJECT: Shea 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 Trak Consultant concur on the 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? 1 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 Shea Retail Traffic Study - 3-9-00 CK Engineering, In emo - = To: ''� •- Jim Leubner a pt5x :. �`� �`0a1'�7JalWIt' Fax: 480 837145 bi '�,«Sig�orb��ranon Phone: 837-2003 RE: Target Development TLA 2"d Review Comments Date: Thursday, March 09, 2000 CC: File 'hfirnatrpal Trac Fngtnettlrtg z' We have reviewed the revised TIA submitted by Task Engineering on behalf 1 of the Target Shopping Center being proposed on the SWC of Shea/Saguaro. We recommend that the traffic study be approved subject to the following chJ atlFrrt 'Stud es and Dengh modifications: :1 (1) Recommendation #7, page 27 of the revised report should be revisited. Our evaluation favors two through lanes south of Shea up to just x:: i ilJgirvcr 4peratrnn Srs+dres past Firebrick Drive on Saguaro before tapering back to one lane. The traffic generated by southbound Saguaro, Firebrick Drive, the Bank and ! x:: .... Restaurant currently experience safety and operational problems In+' maneuvering against each other in such short segment. One can only expect Sl�u►r#aadirrgPhvrs that traffic generated by the proposed development will further aggravate the 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 t ;; , •: ra�K_hzVVC1sc,1&rs _ can be achieved for a two lane minor urban collector if 2 -way ADT is in the ++range of 500-5,000. According to the TIA, this segment of Saguaro is ct'"�`� y �orruiorPlrrnn�+r� estimated to carry 4,500 vehicles a day by year 2005. This is well above the ;Nnr�r` midrange in the criteria cited. r°a(2) See page 14 of the report. it seems to conflict with the •,lg+�J!4vearary. recommendation discussed above. (3) The island referred to on Recommendation #13, page 23 should be " SWC not "southeast comer" as stated in the report. Page 18 refers to HCS ver. 3.1b and the appendix shows 3.1 c, Figure 8 shows 4,300 ADT between Safery`S[udres: Shea and Firebrick but the sum of existing and site ADT for the segment - adds up to 4,500. r (4) The last paragraph, page 28 of the revised report referring to possibility of a roundabout i, irrelevant and therefore should be deleted. • ITS 11 me if you have any question. • Sire Development Design 0 onna Abarikwu. P ., TOE Principal Engineer 4050 East Greenway Road, Suite #4 • Roadway Design Phoenix, Arizona 85032-4700 (602) 482.5884 . Fax (602) 482-2885 Id Wd2Z : I i 0002 60 'apW 5882 Z8b 709 : 'ON 9NOHd Gu i aaau l sub NO : WONJ 10:31AM FROM SWCA.INC 602+27d+3958 P.2 (SIR INC, ENVIRONMENTAL CONSULTANTS 100 west C0011d9e Strce! • Pt oenlx, Arizona 85013 (602) 2743831 - M (602) 2743958 March 9, 2000 Trey Eakin Barclay Group $145 North 86' Place Scottsdale, AZ 85258 RE: U.S. Corps of Engineers Section 404:Permit - Shea Retail Center Dear Trey Congratulationi By now you most likely have received a fax from Ann Pala'mmn, the Corps project manager for the Section 404 permit for the Shea Retail Center project. As indicated in that fax, a Prey 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 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 nHouser Director of Natural Resources Phoenix Office 7 Now uvv� v:v U.S. Army Corps of Engineers ARIZONA REGULATORY BRANCH Phone: (602) 640-5385 FAX: (602) 640-5382 COMMENTS: " � s Vc, is 1 \&A o -A OtS �• MgL.\ s�! 9 2.!.) Pages Including Cover PRE -CONSTRUCTION NOTIFICATION of FOR N'W26 PCN NO. 1999 -15997 -AP US Army Corps U.S. Army Corps of Engineers of Engineerso 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) 7442276 Tim Vendlinski U. S. Fish and Wildlife Service (602) 640-2730 (602) 640-2720 Dan 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: Trey Eakin The Barclay Group 8145 N. 86th Place Scottsdale, Arizona 85258 AREA OF WATERS IMPACTED: 1.5 acre(s). PROPOSED ACTIVITY: AGENT: Ken Houser SWCA Inc. Environmental Consultants 100 West Coolidge Street Phoenix, Arizona 85013 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 u .J V.1, VV v J. 4 ., V O V L V -t v v � %d " v. A00 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 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. No permanent surface waters, such as perennial or intermittent streams or wetlands, occur in or near the project area. 9 V— VII IV U,'7 rJ "uv, V Y V •r.., .1 -. 1 - • :.. - - r� '; •, CGU ey' •-1 lf. ,) �� ' • ..�."' , • r � � Y ver. '.•� c ' ?.Apo Ar, a . ti9 :. xy rover FuarG:•r•eDe ►i°a ' '� R i ti•�C�• v i 169 a 9 t� aree•,M,'V s • •� i!ru.of • a Httitebo f 1•- s. � ' ii �� I>; •aa �4 i � .+i' :CneA h r t" ter" n• r •'C1"K4k: t p1+ r Vie, \ ;.r ..a .Arr d, � �.r . t t1 = � 8 �'• ` load : 2! lY�lsr• r '' `` . i r t° �'" t . +�,' �• . OL ver • .•�.. 89 tri: '• �. dfs ; •Y 7.cer.lr � ` -. c.:� •� It :�. � YTS. e order JR. Ye� � t7b�u _ •. /� i '1•� rilk 1� C •. paftw L\ a �fri;��"• �Tocle Calrjrm�. ...s- �:1r a.P r? i `rf�;,: , .,rr+ .� feo r.,st, •• ••c. �cityRat .. YB � r r� t�+:',` �•S a Ir' � AFr ie t 4 VV °�M %vr' - •PYLase Owl ,•� e �:, �• BMs`! ,; i f � �'� M' ,1 .`2 's w -�..� • •Creep '' ,� l s •, � City r .,e-.....1 air d.� t • )WN1maM ^ t6.r c•, Care r! ` ..,fer /tp r • r �Itf ,(� �1it � 7 • `r! w rr• �� � �•,� • • e..i i ; .�2 l l �. 7:.r i'MkA. _� !� tf ] i . J • f � t`. •veli y Cr 71 ` to r"• � _ ,rsrO � . r � �� �j y'�� � � ( •A jp•+iT' 'R C 60 a` _` " vt co ..:► ars ,_. , k •, , sartc ty O p • • q YY�s :S le.� • Y rha (•Ay = ; ` ..� .... •. • .• .10.4 .Derr LJ am • sProject Area a. Jeri OYa • • w •� Lhchliild PtrkY Glendale MEN M a ,.. r• T 'ego I 0 NI Scottsdale la ,�•` :.•. c:'. l.: ' P' 61 0 • �. �•. �1 er it , r•• rr •» ` • A �i • 7 i ' ?' • a •rrf o e .•'3t ai1�10o T � Mesa © �' �CCUF ��♦�"�':- '. ;,:.: •::� ;� a cera a 9utkeye Aroadal! a • • an1r:.itis']'iri - .. _ .'r-' f • 0• s Litt alY w rrt • ' ' WMIr �t on Palo aroa p�� r r nfa Ctlbert J e r� K;q.....•„•, :,�.'`� _; f` •,�f Verde 95 a ° `ap St. John 7 '..+ ,« t:li0 y , ?: ,.'.fie I C RancRQ11`R• _, . ` l. J Bpy 11 ` f V° C • T 'r` -= • Ralrai lk;to",►roa DILA lb.a4,t orot° a T F1t�1. Rarlcb l ° J • ; a rr Llw Peak 0 er • a )•. • y0•°ae ' ti�� T © �4►� •, •l•rrrrr. • ..5: fr y-'� r tt aa» ' rVEN• RIYar _C�ia ` D Ya • ",•. 900 • y�i\ 1.( '. �- :`• _ r • .'�' aiq' �-"�'•� �•'•''' l ."!• J! 30�,. f • t INDS•1 . oD�• h rr = ` a � ' Mobile ... ca. Mori` ; scam eCA$ • • • = �• R 21a •l,.,Or .r-r.rr..,:. �"w,, '1 �... ere• ,;, 0 rrr• ) e rr•Tt rl.�e •.. i' If_7 • l• '• I • •• C. L c • ♦ °.7 a 4 ROCe ru tt') teA • •. - �, p .. .` ••err. ^i a pal�Id rr• t U q �C_7 le � f IS -AV j ,.\ f£ e P Jf t• �N ) • f ° CACIYe N •`y _'" •.:, s,/ r j eF �. K . • 0 F mesl �pJ. �•; , .. dl 7• dSa faodP a Re1pb i M �t '012 8erd s StarrCreld Gr nra!^- w 'r•w• ] 6�• * • ; I ' ; a t e vte Palma 4 c� O ,..•Ave• M.,-•� `• 1 lot C, r. 1t•r, A l a .}l, e V e f r f 8 N ser ay r' n ; , Knu ' r Elo u u•t 1 0 • l4_ . L: :Is -i" City a • l Pk "'Aim ':; ° •: -•��s• =1:j� t tvlbur. t •;' s er w• 'a n c� Shea Retail Center ,, iODM"tCoOdeWn0a iT ArimDersov o K t•� a Figure I . General Location •D Sawca: Arizona Deportment of Trun2porto1ian (1995) of the Project Area. PCN N0. 1999 -15997 -AP ATTACHMRNT 1 of C :\ ��.\ ',t 4 tr \\`I• .,III './ - . °'Y��i -� \' •' ✓ 'L .; .°�"r1 k. /'j11 ,�111C»h� \ 2 JAM ;�•-•- c�"Q, �t�\�.:�„� ' `%''�`�7f ; yt" •`a .. ' �w Y �\`nil/� ,�)�„..•11\� ..��` a.�='cam^ I AC � �?��'�•![,,r '� �.p ,�y �' `� L r � ;_. Pk � '••'� `111!1/•,"�l �/��� ~� - -naIt.: d,JMY �..' ., .�/�A.•t„ �'��"�� ��� �,��.:t� N'�1����.r•a.. `�/ \11y,� 1111/�.• •f-� _. .. \iltl<•_� ���' a �.., %y1�� \`� ` f. �. ` •d ��' �''o .i '��1 � ry ;'•tn\�''I� % p Oki IX I \ `/ 1 • r�YO r `/� Y�� �\ . - - I � J1//��� _ .. _ f • ` .. ._ . f _ yra.! . � -tom_ - I \, �w ii? _ r /i/y � �,q +tea ti� �".► e°' r , C ; �a',p lop2-4 /,!, •,.,.�� r: 711�� j/I�1\" JL,,, �\\ :' _ , .. HC.,,� � ' ,IL F11�, YON ” ,►,, � "'II/111 _ \� .. '�higl�. \ fe 17 �Y,• 1 �. 8� 6 4 II1M:.^•rr.r i!:',}_ irx:•{.�•'L1 \���/y''�J••'�t\`Y.k'n'�rt"Y r' .rwi ..�-...1 r:: �,':. �:r \„', ''! _ i-_ _ _-. \II 4i•`u, #., I •''li ,a.�.i.1_ •.•\1171, �•+lr• „i" e7 ryrhr ,411111 _•, INV/ i III � I � � : i� �,,�A\c �' r'//H"� ,,,E �• :�\4� �\r'1�u In1JU�j `\v %jf �/t•�., :S C •mss- J \'ql r _ � �,`' \�y,\4. alu,.»— � X1111 �'• ;• '3 gwl nr•r c %i . a %��w\+ M ` 1 close IN WO woo mm- fir,,�t•.e i iiaproduo� Prohlbha C .PCN NO. _.1999-1.5947-AP ATTACHMENT 2 of'5 Uy . L. 1) u v V, V Y V . vI- I . A...1 V L.1L1LA.I `v -. PCN N0. 1999 -15997 -AP A.X=ACHMENT 3 of 5 11 vV•••• ..v V.7.JU PCN N0. 1999-15997—A ATTACHMENT 4 of 5 V � / Vii` / n.. • PCN N0. 1999-15997—A ATTACHMENT 4 of 5 0 m NVld US 0 Owom Ownm / OwArm m � .. . ., . URN30 WIN V3Hs wy _,• � � � � a D ' .yg TECHNOLOGY DOM i 1 II a� it J _ � e � I a E ��IIlwwr,, W'wwld A!lrliD1Md mowumn ammum vwmTMWIMM anOM ft"M / OWAYM VU ago WIN UNS mq a on Von a UI a s� �; s•s s €��8 ����l� �� ��? �fi $t , ! !DI DI 41 811 Ifill iD a= �� i� :� s�3�is� �tt;�t.��� ���s�����3 ��s � ���s• s �'�ras��f�� �•�'t Dat s�� fl; ==# =�t ag3 ssi �•� s-���{ �� , 1XI Jjjl;l I I IP !Ilgljf 11.11 JF2 -1 x 8 8 8', 11,111 11,21 1 lit lifill , 214 A R 8 8 88 8 S;zlq 3 g sf is=a alleraadDI Dfl Pi ;D',6�i?6Da Dtta e� € ll 1411,1,111, ��, �� ss�•}i� 8Ala s$.ji D a isgg;$it•itt�s�•"211 s 11132, Raa i! G%; ssssa ts=iii � s rs1111 sr ss R 410 11 =l��a�tiams#g�s11 1If Mi I =` s If 0 0 IN 1 W H $ o u as w E W F H O ao W x s� �; s•s s €��8 ����l� �� ��? �fi $t , ! !DI DI 41 811 Ifill iD a= �� i� :� s�3�is� �tt;�t.��� ���s�����3 ��s � ���s• s �'�ras��f�� �•�'t Dat s�� fl; ==# =�t ag3 ssi �•� s-���{ �� , 1XI Jjjl;l I I IP !Ilgljf 11.11 JF2 -1 x 8 8 8', 11,111 11,21 1 lit lifill , 214 A R 8 8 88 8 S;zlq 3 g sf is=a alleraadDI Dfl Pi ;D',6�i?6Da Dtta e� € ll 1411,1,111, ��, �� ss�•}i� 8Ala s$.ji D a isgg;$it•itt�s�•"211 s 11132, Raa i! G%; ssssa ts=iii � s rs1111 sr ss R 410 11 =l��a�tiams#g�s11 1If Mi I =` s If 0 0 IN Ind AHVIG 13ad cwnte an OWYM SMI& •• _.. aUPGO 11v13v v3Hs � 1 k vg& L i •fir 4 i i , ig� 84 0010*03L lip tg IL , � gy• ,,' f I � , e 1� a 6 ROBIN �1 -J a 88 R s r s Ina AVVMN 3bd — , o catnip an � Al"wrom"Mm TM • � .�: �O f• • a a / aWArV= .M ' o 1 I. to f1 1 I K 1 � •`Ili v O i r � I •1 `I I ~� I ' i � rl l J I 1 1 I I MATCHUN£ S££ SHEET 7 trio AVVIG"aa CELSM an loom ""Wrow �ayus� anima ON" / mnvnq , w L HlIN33 vrtaa v3Hs=� " r� � rf�i�1M 9 133HS 335 3N/7H31rn mw 33S 3N/7HOJW 1. . A 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 A A 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 TOTAL AREA DISTURBANCE % ALLOWED PRESERVATION AREA REQUIRED DISTURBANCE AREA ALLOWED 2/3/00 Development Area (Ex. Roads) SLOPE BAND TOTAL AREA PRESERVATION AREA REQUIRED DISTURBANCE % ALLOWED DISTURBANCE AREA ALLOWED PROPOSED DISTURBANCE PROPOSED PRESERVATION EXCESS (SHORT) ADDITIONAL PRESERVE NEEDED 2/24/00 Development Area (Ex. Roads) SLOPE BAND TOTALAREA PRESERVATION AREA REQUIRED DISTURBANCE % ALLOWED DISTURBANCE AREA ALLOWED PROPOSED DISTURBANCE PROPOSED PRESERVATION EXCESS (SHORT) ADDITIONAL PRESERVE NEEDED 0-10% 10-20% 20-30% 30%+ TOTAL 3.4215 8.1150 3.3545 0.7638 15.6548 100% 30% 20% 10% 0.0000 5.6805 2.6836 0.6874 9.0515 3.4215 2.4345 0.6709 0.0764 6.6033 0-10% 10-20% 20-30% 30%+ TOTAL 28.0967 15.3603 6.3443 2.9957 52.7970 0.0000 10.7522 5.0754 2.6961 18.5238 87.83% 47.17% 47.13% 74.51% 28.0967 4.6081 1.2689 0.2996 34.2732 24.6752 7.2453 2.9898 2.2319 37.1422 3.4215 8.1150 3.3545 0.7638 15.6548 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0-10% 10-20% 20-30% 30%+ TOTAL 29.6737 13.5963 5.2735 2.5118 51.0553 0.0000 9.5174 4.2188 2.2606 15.9968 88.47% 40.32% 36.39% 69.60% 29.6737 4.0789 1.0547 0.2512 67.0521 26.2522 5.4813 1.9190 1.7480 35.4005 3.4215 8.1150 3.3545 0.7638 15.6548 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 o SISAIVNV UOIS "SM. TM WUM M►AflIfOR DOWn / MAn= M 1.4 6 R o N K K K K a R C 6' R SI8 E� o R o N K K K K a R C 6' R SI8 E� r K K K K 8 888 o •u•.w lqw gwey poor" •ted, r•• �r*�r •6 gat 33NIV m 3wm an auinn 3icx -------= --a�a� myna V3+s m K K K K •eggs Qdsd� wil w �L13rlSS a r l.e.e G n ai w 8 s "CM TM MUM of � tl.Ci r U31 DIV13VV3HS K K 0 8 8 8 $ d. g r l.e.e G n ai w 1; ! 8 s a A d � N 0 c i K K 0 8 8 8 $ d. g m 1! K K K • $8 g 8 C d g 0000 {d 1; ! 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 Walgreens 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 .Toe'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. A Iq MEMORANDUM TO: Jeff Valder and Planning and Zoning Commission FROM: Jim Leubner, Civil Engineer SUBJECT: Shea Shea Retail Traffic Study (Task Engineering) DATE: March 9, 2000 Chron 31 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 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 Shea Retail Traffic Study - 3-9-00 Demo • Safety -Studies ITS • Site Development Design • Roodwuv Design To: Jim Leubner Fax: 480 8373145 Phone: 837-2003 RE: Target Development TLA 2nd Review Comments Date: Thursday, March 09, 2000 CC: File We have reviewed the revised TIA submitted by Task Engineering on behalf of the Target Shopping Center being proposed on the SWC of Shea/Saguaro. We recommend that the traffic study be approved subject to the following modifications: (1) Recommendation #7, page 27 of the revised report should be revisited. Our evaluation favors two through lanes south of Shea up to just past Firebrick Drive on Saguaro before tapering back to one lane. The traffic generated by southbound Saguaro, Firebrick Drive, the Bank and Restaurant currently experience safety and operational problems maneuvering against each other in such short segment. One can only expect that traffic generated by the proposed development will further aggravate the 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 can be achieved for a two lane minor urban collector if 2 -way ADT is in the range of 500-5,000. According to the TIA, this segment of Saguaro is estimated to carry 4,500 vehicles a day by year 2005. This is well above the midrange in the criteria cited- (2) ited(2) See page 14 of the report. 1t seems to conflict with the recommendation discussed above. (3) The island referred to on Recommendation 413, page 28 should be SWC not "southeast corner" as stated in the report. Page 1S refers to HCS ver. 3.1 b and the appendix shows 3.1 c, Figure 8 shows 4,300 ADT between Shea and Firebrick but the sum of existing and site ADT for the segment 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. ll me if you have any question. 0 onna Abarikwu. P ., TOE Principal Engineer 4050 East Greenway Road, Suite #4 Phoenix, Arizona 85032-4700 (602) 482-5884 e Fax (602) 482-2885 Td Wdzz : T T 0m0! se -xew sseF 297 F29 : 'ON 2NOHd 6U i -laaU i 6Ua >10 : WOLJ2 10:31 AM March 9, 2000 FROM SWCA.INC 602+274+3958 81K Trey Eakin Barclay Group 8145 North 86`' Place Scottsdale, AZ 85258 it Q ENVIRONMENTAL CONSULTANTS 100 West Coolidge street • Phoenix. Arizona 83013 (602) 274,3651 - FAX (602) 2745958 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 Palatuan, 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 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. T r Director of Natural Resources Phoenix Office P. i P. 2 VJ, VO, UU Uy;L1 UOUL 0dV JJJ� U.S. Army Corps of Engineers ARIZONA REGULATORY BRANCH Phone: (602) 640-5385 FAX: (602) 640-5382 FROM.• '�fv,1ar a To.- OFFICE: O: OFFICE: Z -a . as vg - PHONE: ats a� Q,y SZ, COMMENTS: is 1 \K\v A cL5 a cam. S�, gz vow � 03 1qk�� - V'� -=� -4N? . Pages Including Cover VV' VO, UV V0 4-J v V V- V a V .V J - PRE -CONSTRUCTION NOTIFICATION FOR NW26 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: .S.Environmental Protection Agency (415) 744-1078 (415) 7442276 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: Trey Eakin The Barclay Group 8145 N. 86th Place Scottsdale, Arizona 85258 AREA OF WATERS IMPACTED: 1.5 acre(s). PROPOSED ACTIVITY: AGENT: Ken Houser SWCA Inc. Environmental Consultants 100 West Coolidge Street Phoenix, Arizona 85013 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 UJ/ U.4UU Uy: L5 Cp`6UL 04U aJo4 1,. MINI rAi_"AU.A.N 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 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. No permanent surface waters, such as perennial or intermittent streams or wetlands, occur in or near the project area. 2 U- vl;l � U4:Z) 'Q'oUL U -*U t. n.•.• �. Valley`'y, i 69 DE 1 : a 169 �rwr J.r Mayer" r ui des ; •��r.:ar.i� a ord[a Jct. n T <• i .r• . c'ssp 7� r AJA urs i^,L ��• •-+ fir:. �pr_l°� ' '•• �� >✓ ,ri1 • •� �� • M n r"�• •�\ P�MI�1 „I • i 11.. n"SK r - +r , t � ? ortiatoril Irasa .' ' .: • r� •� ' Qty ., v r.°.n. .ulv � •.� •• L .., , ^'i' = �. _ I r 2 •w . <. Care ne tr S w{IlraiM . r < is 17 wr • w...7. r �'' 9; 2� •.aArka {' ` [, u ' , '� P agl f I I .J •• & �' •, R YUY Co rad r� . We y p p , , A .. Is °,� :� s •� . _ sect ...• � � � a• • ,r:- ; t 7•: our pro/ ( e_ � orr • W.... Area -,L h it Glendale r •r'; w. P rit T'!r� I�• OENI Scottsdale u ® ,,•[ "' r, >,� .�.,< 1✓: & Z , a•.r o e �^ Mesa ' � tori p� �iwC:. �"%•. ;�:.:-�: ' • BYC:r �• a7l�lon . Q . . . •�ryt moi!" "RI•� a ) ata a W ?'r Avondale / , Gu •alu "In • "�A �� :� Ar on a o , • UbPaloe \ yarn 111113 ti Gilbrt �I Verde C�bt i , rChtuld a ,e , • . J t• n �e NllencRQY^�o!r r r.f .ia rF 8s ti 9 at. John %--L- — .. ` T OBoys I I ` r �• [o R�i • `� Ramoo.; n •• 7 o'er :..y.•.1 Vatter M GILA Firth 0co1°I : Hnl; Ranch' j •1..•w.rw all ..> rine a0.. r.aA p _ > >'�' . i ' F o " agar rvEta RlYar '—'Chandler ' : ' uwa eWrap !•• Mu 79 B ~Mobile �: a aatoo[.t<',' • • < q '•`... . .Maric`op— • �e doe .�..�•...:. -=..�. _ a L 23, ^• • � 1117• I t "art � LN • •r e. .9"0 s orrnee w�an.wo tr.r1 Ir •+a.,.•r� s—Idt• �r t it ..•. �f y } n e Cactus " + Y .•\ /� O ` Gila Beend y i�a M j. I , Stanfield Gran CaSa rande ' a Randolph c `�A. 'wA.. ' i 62� . • a z i. ' a a • E rtn La Palma O r '�, 2 •_ • 8 ' �•4 a Gorier PlcoeAo .e rowawA Airs ` ,N '• 1 nr C, le• r 14r .jia.� '1s W- ;�, � ' .: ` T 87 N o BAa. a o a �1 r r y r a o ti • "b - ;, 1l l � f — — 1 Ylchu t:lo o Ir.. , r7 ' A- .I..a a... L . \� -�t 1:�.•- ��` • .i'a Arisona : ij • .P Is, Vie, y star �.��, ( -` j �' �.. ✓i� a Gty • ► r o Picsiw aam o ',� •� ���i„- ' - a.L�• V 1 C C1e16Y1• r / , Y 10 a - Shea Retail Center tpMou"CO: IllsonscAA20"d;a,apoet entISOI ° Ir��� 5,3Ure l General Location °p Sowq: Ar(zona Oaportmont of Tranaportolion (1995) of the Project Area. PCN N0. 1999-15997—AP ATT.ArP\,frNTm t - r c c� V V V V v, U .� r l V V r V i V V V J r �. ,Z. ,. ♦ ...-» ... _ ... _ nP:r % .40" ter`y..L �� 46 - .: • .rem• �f�' t - i� yy • Y//i f ���• 1111\ iZ - s 11rr f '- "`/ ••' ^� .`144; J jjiii�i �'" /�• \ ' lads rerva —`p -.t &7,4.C44�' « � � � �� •moi'\ r. — '�„' � 'MIGi '!�,il:�� a•w.. 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'III' ; •,>� � -- _ �. � �_ c ;� ,a, .. /nllllll'��gll�\� � '1 ��1vr•%/�I�� . •��`\ \ _ � � i "'`..__. c . � �/ -din \\ H `a� � �`' . \.�.r/ice/7 ,�W.,/G `\ � ► "' VI: `A; '�?s ` d ' �"'�7, �%'�` / �� Shu 1\`` �� ����^2c1� -. •` d1h/�"•..+!r /moi; :, r; .Y.:.-.i!1'^M'^� 1r�.rV ,. \:�i.�"'G:c� J`+.r' `rwa (.: i,`+:•- .. ...tea\•� _ _ _ _ _ ;� � �\,I � :ii• ai. .�.,. �>I { I'.7? o � N:/ _ •' • .�` •. b.. ��, tl7 hlh%• ks ' INV it aim \Ili ' %/ t \IML 7, • - _ _ _ • _ _ _ •_'• \\\ .J lir . ._ _ � -<� I,t'r _ %±. j,•., . �� +'u' 'I .. 01090 WIm World 01 Mmm, U1G Win,.{ iR�produotion Prphlbilsd tr PCN NO. -.1999.-1.5997—AP ATTACHMENT 2 of 5 UJ, U0 Uu 09:26 `auuz 04U DJ04 �-. n.,., t.iiyn�.y., ti PCN N0. 1999 -15997 -AP Vj, U0, vv u - ') U " � u - u -a v .) 40. 1. I PCN NO. 1999-15997-A ATTACHMENT 4 of 5 j4 PCN NO. 1999-15997-A ATTACHMENT 4 of 5 PCN N0. 1999-15997—AP ATTACIME'NT 5 of 5 �,���..,� •:,,,�;�; �= -ilr=,nen Il�il=11 �ll II n - tt; �I y>`llAI I f.;II n•: ILII a? I�al • � ' .: • > � � ,11-'�11--11=1 •1,�� :`� '.r' — — �, dill • r PCN N0. 1999-15997—AP ATTACIME'NT 5 of 5 Town of Fountain Hills Memorandum DATE: April 5, 2000 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder, Community Development Directo(V3 THROUGH: Paul L. Nordin, Town Manager SUBJECT: Resolution 2000-17, abandoning a portion of the Laser Drive right-of-way, all of the Cosmic Drive right-of-way, and the abandonment of alley rights-of-way in Plat 412-A. Please disregard my March 31, 2000 memorandum and the first two pages of the copy of Resolution 2000-17 that was attached. The Town Attorney has provided staff with a revised Resolution 2000-17 regarding the right-of-way abandonments for the Shea Retail Center. That revised resolution is attached to this memo. All of the attachments/exhibits on the original resolution remain good. The Town Attorney will verbally provide the Council with a report regarding the rights-of-way abandonment, as well as answer any of your questions, at tomorrow night's meeting. Staff recommends Town Council approval of Resolution 2000-17. R Town of Fountain Hills Memorandum DATE: March 31, 2000 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder, Community Development Direct64) THROUGH: Paul L. Nordin, Town Manager SUBJECT: Resolution 2000-17, abandoning a portion of the Laser Drive right-of-way, all of the Cosmic Drive right-of-way, and the abandonment of alley rights-of-way in Plat 412-A. In order for the Shea Retail Center development to be developed as planned, several Town -owned rights-of-way would need to be abandoned. Those rights-of-way are as follows: Laser Drive between Saguaro Boulevard and Technology Drive All of the Cosmic Drive right-of-way All of the right-of-way for two alleys located in Plat 412-A. The Laser Drive right-of-way is the only right -of way proposed to be abandoned that is currently developed and in use as a public road. Due to the fact that the developer of the Shea Retail Center will develop and extend Technology Drive north to intersect with Shea Boulevard, staff believes that this portion of Laser Drive is no longer necessary for public use. If this abandonment were approved and subsequent emergency gating of Technology Drive at Saguaro Boulevard occurred (as is stipulated to as a part of the preliminary plat), all of the industrial traffic that currently utilizes Saguaro Boulevard would then use Technology Boulevard, from Shea Boulevard, to access their businesses. These proposed changes in the vehicular circulation patterns on the roads south of Shea Boulevard will benefit the residential property users south of Shea Boulevard in that no commercial or business park traffic, including heavy truck traffic, would use Saguaro Boulevard. After reviewing the proposed abandonment with the Town Attorney and an independent appraiser staff has determined that the value of the rights-of-way proposed to be abandoned are de minimis. The right-of-way itself has no value because they are undevelopable. The minimum lot size in the 1ND-1 Zoning District is 150 feet, and the largest right -of way proposed to be abandoned, Laser Drive, is only 60 feet wide. When added to the abutting property the abandoned right-of- way may increase the value of the total area of the abutting properties, however consideration only needs to be paid if the right-of-way itself is independantly developable. Staff recommends Town Council approval of Resolution 2000-17. When recorded, return to: Engineering Department Town of Fountain Hills P.O. Box 17958 Fountain Hills, AZ 85269 RESOLUTION 2000-17 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA PURSUANT TO A.R.S § 28-7201 ET. Ste. ABANDONING ALL RIGHT, TITLE, OR INTEREST IN ALL OR PORTIONS OF CERTAIN PUBLIC RIGHTS -OF WAY KNOWN AS THAT PORTION OF LASER DRIVE LOCATED NORTHEAST OF LOTS 68 AN 69 OF PLAT 414, FOUNTAIN HILLS ARIZONA, AS RECORDED IN BOOK 287 OF MAPS, PAGE 22, RECORDS OF MARICOPA COUNTY, AND ALL OF COSMIC DRIVE LOCATED NORTHEAST OF LOT 1, BLOCK 10 OF PLAT 412-A, FOUNTAIN HILLS ARIZONA, AS RECORDED IN BOOK 158 OF MAPS, PAGE 20, RECORDS OF MARICOPA COUNTY, AND ALL OF THOSE ALLEYS LOCATED NORTHEAST AND SOUTHEAST OF LOT 1, BLOCK 10 OF PLAT 412-A AND NORTH AND WEST OF LOT 2 BLOCK 10 OF PLAT 412- A, FOUNTAIN HILLS ARIZONA, AS RECORDED IN BOOK 158 OF MAPS, PAGE 20, RECORDS OF MARICOPA COUNTY. WHEREAS, A.R.S. § 28-7201 et. seq. provides for the disposition of unnecessary public roads; and WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of the Town; and NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That a portion of Laser Drive as shown in Exhibit A and legally described in Exhibit `B", located northeast of and abutting Lots 68 and 69 of Plat 414, Fountain Hills, Arizona, as recorded in Book 287 of maps, Page 22 records of Maricopa County, Arizona; are hereby declared to be no longer necessary for public use as a right-of-way. RESOLUTION 2000-17 Page 1 of 2 SECTION 2. That all of Cosmic Drive as shown in Exhibit A and legally described in Exhibit "B", located northeast of Lot 18, Block 10 of Plat 412-A, Fountain Hills, Arizona, as recorded in Book 158 of maps, Page 20 records of Maricopa County, Arizona; is hereby declared to be no longer necessary for public use as a right- of-way. SECTION 3. That all those alleys as shown in Exhibit A and legally described in Exhibit `B", located northeast and southeast of Lot 1, Block 10 of Plat 412-A and north and west of Lot 2, Block 10 of Plat 412-A, Fountain Hills, Arizona, as recorded in Book 158 of maps, Page 20 records of Maricopa County, Arizona; is hereby declared to be no longer necessary for public use as a right-of-way. SECTION 4. That the public rights-of-way as shown in Exhibit "A" and described in Exhibit "B" are vacated by recordation of this Resolution. SECTION 5. That upon recordation of this resolution in the office of the Maricopa County Recorder, title to the property shall vest in the owners of record of the adjacent property as determined by the records of the Maricopa County Recorder on the day of recordation. SECTION 6. That pursuant to A.R.S. § 28-7208 and A.R.S. 9-500.11 the Town will receive good and valuable consideration in an amount equal to the value of the vacated rights-of-way. PASSED AND ADOPTED this 6th day of April, 2000. FOR THE TOWN OF FOUNTAIN HILLS: Sharon Morgan, Mayor REVIEWED BY: Paul L. Nordin Town Manager RESOLUTION 2000-17 Page 2 of 2 ATTEST: Cassie B. Hansen Town Clerk APPROVED AS TO FORM: William E. Farrell Town Attorney VA TOWN OF FOUNTAIN HILLS RIGHT-OF-WAY ABANDONMENT Exhibit "A" V//- � COSMIC DRIVE (PLAT 412-A) ALLEY (PLAT 412-A) LASER DRIVE (PLAT 414) SCALE: 1"=300' DATE: 3-31-00 Exhibit `B" (Legal Exhibits to be added before recortion) Resolution 2000-17 Page 4 of 4 Mar 31 20 11:59a TRSK Engineering 602-277-4228 p.2 NA I�� fN61NEfRING 5125 North 16a' Street • Suite A-210 • Phoenix • AZ • 85016 Phone: 602 * 277.4224 Fax: 602.277 * 4228 e-mail: task(a),primenet.com April 3, 2000 Mr. Paul L. Nordin Town Manager Town of Fountain Hills P. O. Box 17958 Fountain Hills, AZ 85269 RE. Laser Drive Closing Dear Mr. Nordin: We reviewed the traffic and circulation issues associated with the closing of Laser Drive. Our conclusion is that once Technology Drive is completed through to Shea Boulevard, the closure of Laser Drive will reduce traffic volume and improve traffic operations on Saguaro Boulevard south of Shea Boulevard and the intersection of Saguaro Boulevard and Shea Boulevard. The following table summarizes forecast traffic volumes on Saguaro Boulevard and Shea Boulevard south of Shea Boulevard in 2005 with completion of the shopping center. This table is based on the traffic study prepared for the Target shopping center, and is supplemented by new traffic counts taken on Laser Drive March 29 and 30, 2000. There is 52 % more traffic on Saguaro Boulevard south of Shea Boulevard if Laser Drive is left open. This may add 300 additional tricks to Saguaro Boulevard. Technology Boulevard will be designed to higher standards than Saguaro Boulevard was and will be better able to handle the higher traffic volumes projected with the proposed closure of Laser Drive. The northbound to westbound left turn movement at Shea Boulevard and Saguaro Boulevard may present some significant operational problems if Laser Drive is left open following completion of Shea Retail Center. Any such operational problems can be With Laser Drive Open With Laser Drive Closed Traffic Source Saguaro Blvd. Technology Dr. Saguaro Blvd. Technology Dr. Commercial 3,400 4,800 1,700 6,500 Residential 2,800 350 2,850 300 Industrial 700 780 0 1,480 TOTAL 6,900 5,930 4,550 1 8,280 There is 52 % more traffic on Saguaro Boulevard south of Shea Boulevard if Laser Drive is left open. This may add 300 additional tricks to Saguaro Boulevard. Technology Boulevard will be designed to higher standards than Saguaro Boulevard was and will be better able to handle the higher traffic volumes projected with the proposed closure of Laser Drive. The northbound to westbound left turn movement at Shea Boulevard and Saguaro Boulevard may present some significant operational problems if Laser Drive is left open following completion of Shea Retail Center. Any such operational problems can be Mar 31 20 12:00p TASK Engineering 602-277-4228 p.3 Mr. Paul L. Nordin March 31, 2000 Page 2 minimized or eliminated by closing Laser Drive and directing all projected additional 52 % future traffic to use the new Technology Drive/Shea Boulevard intersection. I hope this addressed the traffic issues related to this street closure. If you have any other questions or if we can be of further help, please let me know. Sincerely, Ogbonna I. Abarikwu, P.E. CK Engineering, Inc. Ken Howell, P. E. TASK Engineering Gordon Riehl PO Box 17851 Fountain Hills, Arizona 85269 (480) 837-1026 The Mayor and Councilors Fountain Hills Re: Planning for Target Shopping Center My first experience with the local planning in the Firerock neighborhood started in 1995 when the rezoning of the site of RE.Monks Construction was under consideration. At an informal meeting of neighbors I was appointed to a committee to represent the group, the other members were Bill Venditti and Arvid Dennis. Our neighbors had no particular quarrel with the Monks family, we were concerned that if one property could be rezoned then others would follow resulting in a steady degeneration of our neighborhood. The arrogant attitude of Mayor Cutillo only reinforced that fear. I do not intend to go into detail of what occurred during the next eighteen months. But briefly the P and Z committee turned the application down, the Council on a split vote overruled, a protest petition resulted in the matter being put on the ballot. The rezoning was rejected by a vote of the citizens. During this time we attended countless meetings but one council meeting always comes to mind, when Councilor Wiggishoff spoke. She pointed out that our area had been badly planned because of mixing industrial and residential in an area that had only one entrance, Saguaro. She suggested that the industrial area should have its own entrance by extending Technology Drive to Shea. The residential and industrial areas could then be separated by closing the connecting streets between them. This impressed me as an intelligent solution to what would otherwise prove to be a never- ending source of irritation and conflict and I will refer to it hereafter as the Wiggishoff Plan. Subsequently a new council was elected and Mayor Miles and Councilor Mower undertook to reverse the results of the referendum election. Again our neighbors met and appointed a new committee. Bill Venditti could not act as he was starting a new business so Paul Kenniston agreed to serve. Paul owned a business and building in the industrial area and subsequently erected a second building. He also believed that the industrial and residential areas should be separated in the same manner as Councilor Wiggishoff had proposed. This would provide a more direct access to the industrial area with a better entrance and allow for proper signage to better advertise the Industrial Park. Believing that some compromise might be to the benefit of all parties we met with Robert Monks, Richard Monks, Mayor Miles and Councilor Mower. A number of items were discussed and we appeared to be in complete agreement on all points including our main concern, the implementation of the WiggishoffPlan. Robert Monks agreed to contribute to the extension of Technology Drive to Shea. The Monks got their special permit; the Wiggishoff Plan was never implemented but we were told that someday it might happen. When the Target proposal first surfaced Town officials initiated a meeting with a group of neighbors to discuss the issue. Wally Seidon, Arvid Dennis and I were appointed as a committee to continue discussions. It should be noted that some of our neighbors were opposed to the development and were not in favor of compromising. At the first meeting we suggested that the people north of Shea who overlooked the proposed development should also be contacted. We attended a series of meetings with town officials and on a few occasions the developer was present. The main concern was the resulting traffic congestion. The proposed solutions included limiting the egress on to Saguaro and opening Technology to Shea. Technology to Saguaro would be closed but an emergency entrance would be installed. A paved but unnamed road connecting Saguaro and Laser would remain open thus allowing limited access between the two areas. This would in effect implement the Wiggishoff Plan. Personally I would prefer not to have the Target development. The resulting tax savings would not offset the inconvenience we will suffer. However, I understand that the majority of citizens want this development and by separating the two areas we will have at least gained something. Some business owners want to continue using Saguaro as an entrance to their area in addition to their new entrance at Technology and Shea. If they are to have their way there is little point in connecting Technology to Shea and they then could join in the resulting traffic jams with the rest of us. But some people want it all. At present both residential and industrial are together in a huge cul-de-sac, the only entrance is at Saguaro and Shea. This is a very busy intersection and it will be substantially exacerbated by the Target traffic. This could be partially offset by moving the industrial traffic to a new intersection at Technology and Shea. Sincerely Gordon Riehl March 24, 2000 Sharon Morgan Mayor, Fountain Hills, AZ 16836 East Palisades Boulevard Building "C" PO Box 17958 Fountain Hills, AZ 85269 Dear Mayor Morgan, My son and co-owner, David, has recently sent you a letter outlining our deep concern over the proposed closing of Laser Drive between Saguaro and Technology Drive. I attended the March 16 Council meeting and voiced our concerns directly to The Council in that arena. I have since spoken to the majority of the business owners in the business park, none of whom are in favor of this proposal. The real issue is that the closure of Laser Drive access from Saguaro cuts the main service artery into the business park which has been in existence since the park opened. Originally it was intended that Laser Drive would be continued westward until it intersected with Shea at about Fountain Hills Boulevard. The need for that was justifiably revised causing Laser to be terminated on the west end in a culdesac. Now it appears they want to also cut off the other end leaving the business park virtually isolated behind the proposed shopping center. Having access through a rerouted Technology Drive is just not satisfactory and extremely detrimental to our business. The traffic flow into the area is already substantial and with the new business development within the park it increases daily. It is probably fitting that Barclay has gotten so much attention as of late. But it is crystal clear that Barclay and our Planning and Development is giving absolutely no consideration to the impact of its proposal on the businesses in the Firerock Park. As business owners, many of us residents of Fountain Hills, we ask your office to assure us of fair consideration in this matter. This is our livelihood that's at stake! We are concerned about both the process and the outcome. The process has been flawed from the beginning. None of the businesses in the park received any notice from any source other than the newspaper. To date, no one has outlined the reasoning behind the closure of Laser and the "rumors" we hear are either conflicting or make no sense at all. For us, as a community, to develop any sort of mutually agreeable solution we need a straight -forward statement of the facts in this matter. We need dialogue with those proposing and supporting this matter. So far, we have received no communication responding to our outcry of concern. We are appealing to you, as the highest office in Fountain Hills, to assure this dialogue is mandated. Regarding our concerns about the outcome, unless the Office of Planning and Development can shed additional light on this proposal, we request that the Council vote to not allow any changes to the current Laser Drive access to the business park. Thank you for your time and consideration in this matter. Sincerel&"Van" CliffordKalsbeek Van's Storage 16701 E. Laser Drive Fountain Hills, AZ 85268 Cc: Fountain Hills Town Council Paul Nordin Jeff Valder Sue Degler A March 22, 2000 / THE FOUNTAIN HILLS TIMES / 3A Potential abandonment of Laser Drive for Target center has businesses concerned By Bob Burns Times Reporter The plan to abandon Laser Drive between Saguaro Boule- vard and Technology Drive to accommodate a shopping center has met with resistance from businesses in the industrial park south of Shea Boulevard. Van VanKalsbeek, owner of Van's RV and Mini -Storage, said it came as a complete surprise to business owners that the town was considering the aban- donment of Laser Drive. The move would isolate the entire business park behind the shopping center, VanKalsbeek said. "It will be detrimental to my business," he said. "I need ac- cess — direct and clean to get RVs in and out." The Barclay Group, the de- veloper of the proposed shopping center, has applied for an aban- donment of the Laser Drive right-of-way behind the center. Community Development Di- rector Jeff Valder said the shop- ping center would be using the land for the center. "It is part of the site plan," Valder said. "If they don't use the right-of-way the entire cen- ter needs to be moved about 60 feet to the north. "That would take out a lot of parking." Another provision of the pre- liminary plat is to place a gate at the south end of Technology Drive where it meets Saguaro Boulevard. The gate would be emergency access only. That also has business own- ers upset. That would leave Technology Drive, which has yet to be con- structed between Laser and Shea Boulevard, as the only ac- cess into and out of the indus- trial area. That is not a viable option, VanKalsbeek said. "That swings traffic all the r way around the center off Shea," he said. "They are isolating us behind the shopping center. "I've been in business here for 20 years. It's inappropriate that (the town) is considering this without approaching the busi- ness owners. "Anytime residents are in- volved they are contacted." Terry Merrell, who works for R. E. Monks Construction lo- cated at Laser and Technology, said the bottom line is there is no reason for the town to aban- don Laser Drive. "The business owners are not second class citizens here," Mer- rell said. "There were two access points to the area, there was going to be three, now we are looking at just one." Merrell said the business owners are just beginning to or- ganize. He said there are a number of businesses that are like retail operations and de- pend on traffic. The shopping center will be back before the Town Council on Thursday, Law Offices Of William E. Farrell, P.L.L.C. Tel (480) 661-6044 Fax (480) 661-7454 TO: Mayor and Council Town Manager Town Clerk FROM: William E. Farrell Town Attorney DATE: April 6, 2000 William E. Farrell RE: Barclay Economic Development Agreement Suite 220 10135 E. Via Linda Scottsdale, AZ 85258-5312 Attached to this memorandum is an Economic Development Agreement between the Town and Barclay which provides for the possible payment of up to $989,000 by the Town to the Barclay Group over a period of years, beginning with the opening for business of an anchor tenant ( Target) having a store in excess of 100,000 square feet. Arizona Revised Statute 9-500.11, a copy of which is attached, provides that upon a finding by the Town Council that a project will assist the Town in the creation of jobs and/or will otherwise improve or enhance the economic welfare of the inhabitants of the Town, the Council is empowered to appropriate and spend public monies for and in connection with economic development activities. The attached agreement makes the required finding. The staff recommendation on the amount of the economic development contribution is tied, in part, to staffs' estimates regarding the cost of the development and the projected economic impact that it will have in a positive manner on the community. The method for determining the payment is a bit complex in that it requires the Town staff to measure the amount of money in the form of local sales tax that the Town receives from all retailers in certain standard industrial classification brackets (SIC). The brackets selected by the Town are those dealing with retail sales and taxes generated from restaurants and bars. The brackets selected most closely match and for all purposes are identical to the retail stores that will occupy the project known as the Barclay Project. Memorandum Re: Barclay Economic Development Agreement Page 2 April 6, 2000 Once the anchor tenant starts doing business in the Town of Fountain Hills, Town staff will measure the then existing economic base that all other retailers have upon the Town. That number will be considered as a baseline number. Each retailer who operates at the Barclay Group Project will be required to sign a document releasing, to the Town, only the confidentiality of their sales tax information. This will allow certain Town staff to track their sales tax payments on a monthly or quarterly basis. One-half of the amount of sales tax generated by all stores operating in the Barclay Group Project will be eligible for repayment to the developer provided that, at the end of the first 12 months, the other retail sales tax collected by the Town has either remained the same or increased. Should the amount of money collected from other retailers decrease over the 12 month period after the initial opening of the anchor tenant, then the amount of contribution by the Town will be decreased in proportion from 50 percent to not less than 25 percent of the amount generated from the project. At no time will the Town receive and retain any less than one-half and as much as 75 percent of the sales tax generated from the project. The Town reserves the right to make the payment to the developer from any funds available to the Town, and does not in the instrument create any debt or lien upon the Town's sales tax. Annual reports will be included with budget material presented to the Council at all future anniversary dates and budget hearings. Respectfully submitted, William E. Farrell Town Attorney WEF:pf ECONOMIC DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 2000, by and between the Town of Fountain Hills, a municipal corporation in the State of Arizona, hereinafter known as "Town" and Barclay Group Venture Capital, LLC, an Arizona Limited Liability Company, hereinafter known as "Barclay Group" hereby agree as follows: WHEREAS, A.R.S. § 9-500.11 provides for the Town to make a finding that a project will assist in the creation of jobs and/or will improve or enhance the economic welfare of the inhabitants of a town; and, WHEREAS, the Town Council hereby makes such findings in relation to certain real property, more particularly described in Exhibit "A" attached hereto and hereinafter referred to as the `Barclay Group Project"; and WHEREAS, the parties wish to reduce to writing the terms and conditions of this agreement. 1. That the Town may reimburse Barclay Group a sum of money not to exceed Nine Hundred Eighty- Nine Thousand Dollars ($989,000) over a period of time as and for the development of retail sales and other business activity on the real property described in Exhibit "A" and known as the Barclay Group Project. 2. This agreement shall be effective beginning on the first day of the month in which an anchor tenant commences business with the general public at its place of business on the Barclay Group Project land. An anchor tenant is hereby defined as a national chain retailer occupying at least 100,000 square feet of improvements. 3. The Town Shall then establish a base line amount effective the first day of that month in which the anchor tenant opens for business, said amount consist of the total amount of sales tax paid by all retail businesses within the Town, outside of the Barclay Group Project, in standard industrial classification codes 52 through 59. 4. The Town may make the payments called for hereunder from any source of funds legally available for such expenditure and does not create, by this agreement, any lien or reservation of transaction privilege tax funds or other funds that would not be available for economic development. 5. The Town and Barclay Group hereby agree and acknowledge that after the initial Anniversary date, the annual anniversary date can be established as of March 31- in the year following the commencement of the anchor tenant, and shall be the 31" day of March for each consecutive year thereafter. The Town shall collect the required information from confidential records provided to the Town by the Arizona Department of Revenue and shall make its estimate of payment according to the following schedule: Transaction privilege tax received in January, February or March shall be tabulated and a payment due, if any, shall be made on or before May 25th. Transaction privilege tax received in April, May or June shall be tabulated and a payment due, if any, shall be made on or before August 25t'. Transaction privilege tax received in July, August or September shall be tabulated and a payment due, if any, shall be made on or before November 25th. Transaction privilege tax received in October, November or December shall be tabulated and a payment due, if any, shall be made on or before February 25th. 1. Town and Barclay Group agree and understand that the information, which shall be used as the basis for determining this payment, is confidential by the laws of the State of Arizona, and that each and every occupant retailer, whether an owner or tenant, in the Barclay Group Project, shall be required to sign an appropriate waiver of confidentiality to the Town for the purposes of gathering the statistical information necessary. Failure to sign the confidentiality agreement disqualifies any sales tax collected and paid by that merchant from inclusion in the Town's calculations. 2. The Barclay Group shall be entitled to an amount equal to 50 percent of the local sales tax collected and paid to the Town by merchants doing business on the Barclay Project. 3. At each March 31" anniversary date, or as soon thereafter as possible, the Town shall determine whether or not transaction privilege tax collections from all other merchants in the retail classification have increased or remain constant. Should the determination be made that the base amount has increased or remain constant, then the Town staff shall recommend that the 50 percent payment continue. Should the results on the anniversary date show that the baseline amount has decreased, then the amount of the decrease shall determine a dollar -for -dollar proportional reduction in the obligation of the Town to the Barclay Group provided, however, that in no event shall the contribution from the Town to the Barclay Group be less than 25 percent of the transaction privilege tax annually collected from Barclay Group merchants. 4. The payments shall continue until such times as the Barclay Group has received the full amount of economic development compensation on for ten (10) years whichever event first occurs 5. This agreement shall constitute the entire agreement of the parties as to the matter of economic matter incentives, and shall not be amended or modified except by a written agreement authorized and executed with the same formality as this agreement. 1. This agreement shall be interpreted under and controlled by the laws of the State of Arizona, and is specifically subject to the provisions of A.R.S. § 38-511. DONE the day, month and year first above written. FOR THE TOWN OF FOUNTAIN HILLS: Sharon Morgan, Mayor Paul L. Nordin, Town Manager Cassie B. Hansen, Town Clerk William E. Farrell, Town Attorney BARCLAY GROUP VENTURE CAPITAL, LLC By (A person authorized to bind the limited liability company ) STATE OF ARIZONA ) ) ss. County of Maricopa ) SUBSCRIBED AND SWORN to before me, a notary public, by , an individual authorized to sign on behalf of the Barclay Project Group, known to me, or sufficiently proved to me, to be the person whose name is subscribed to the agreement attached hereto. Notary Public My commission expires: Town of Fountain Hills Memorandum DATE: March 31, 2000 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder, Community Development Director(l)—) THROUGH: Paul L. Nordin, Town Manager SUBJECT: Resolution 2000-16 On December 16, 1999 the Town Council adopted Resolution 1999-61, that approved the Village Bazaar Shared Parking Agreement. At that time it was communicated to the Council that further clarification was needed in the agreement to limit the maximum amount of restaurant space and other high -parking demand users permitted in the center, to ensure that adequate parking is available. That language is now included in the attached Village Bazaar Shared Parking Agreement. Language is also included that reserves a portion of the "Park" parking lot for Fountain Park patrons. Instead of amending the agreement approved by the Town Council in December, it is easier and less confusing to simply revoke Resolution 1999-61 and adopt Resolution 2000-16. Staff recommends Town Council approval of Resolution 2000-16. ON Iq RESOLUTION 2000-16 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ADOPTING THE VILLAGE BAZAAR SHARED PARKING AGREEMENT. WHEREAS, The Town of Fountain Hills is located in Maricopa County, Arizona; and WHEREAS, Title 9, § 500.5 of the Arizona Revised Statutes allows a municipality such as the Town of Fountain Hills to enter into a development relating to a property in a municipality, such as the Village Bazaar, AKA Plaza Fountainside property; and WHEREAS, The Village Bazaar Shared Parking Agreement is consistent with the Town of Fountain Hills General Plan. NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That, pursuant to Title 9, § 500.5 of the Arizona Revised Statutes, the Town of Fountain Hills hereby adopts the Village Bazaar Shared Parking Agreement, as shown in Attachment "A", incorporated herein by reference. SECTION 2. That the Town Manager, Town Attorney, and the Town Clerk are hereby authorized and directed to take any and all actions and to sign any documents necessary to execute the Village Bazaar Shared parking Agreement. SECTION 3. That this resolution supersedes Resolution 1999-61 and makes that resolution null and void. PASSED AND ADOPTED this 6th day of April, 2000. FOR THE TOWN OF FOUNTAIN HILLS: ATTEST: Sharon Morgan, Mayor Cassie B. Hansen Town Clerk REVIEWED BY: APPROVED AS TO FORM: Paul L. D6din William E. Farrell Town Manager Town Attorney Resolution 1999-61 Page 1 of 1 'SSS/ AIL y - � l OC -- 1.10T1011 0WCA SECOND -APS '0UNT When recorded, please return to: I I111111 Town of Fountain Hills I OFFICIAL RECORDS OF P. O. Box 17958 j MARICOPA COUNTY RECORDER Fountain Hills, AZ 85269 j HELEN P U R C E L L j 00-0414682 05/31/00 04:35 Attn:_— nesaz 1 of 9 I CAPTION HEADING: This is part of the official document. Copies Routed To: ❑ Administration ❑ Engineering ❑ Community Development ❑ Parks & Recreation n FO -1 n Magistrate Court Marshals Department A WHEN RECORDED, RETURN TO: TowN OF FouNTAIN HILLS 16838 East Palisades Boulevard Fountain Hills, Arizona 85268 VILLAGE BAZAAR SHARED PARKING AGREEMENT THIS SHARED PARKING AGREEMENT ("Agreement") is entered into this 6th day of April, 2000, by and between TowN OF FOUNTAIN HELLS, an Arizona municipal corporation (the "Town"), and Victoria Properties, Inc., an Arizona corporation (the "Developer"). RECITALS: 1. The Developer is the owner of certain real Property located within the Town of Fountain Hills, Arizona consisting of approximately 5.9224 acres and legally described on Exhibit "A" hereto and commonly known as the Village Bazaar (the "Property" or the "Project"). 2. The Developer is the owner of certain real Property located within the Town of Fountain Hills, Arizona consisting of approximately 1.3246 acres and legally described on Exhibit "B" hereto and commonly known as the "R-190 Zoned Land." 3. The Town is the owner of certain real Property located within the Town of Fountain Hills, Arizona consisting of approximately 63.45 acres and legally described on Exhibit "C" hereto and commonly known as Fountain Park (the "Park"). 4. The Developer and the Town are entering into this Agreement pursuant to the provisions of A.R.S. §9-500.05 in order to facilitate the development of the Property by providing for, among other things, conditions, terms, restrictions and requirements for the construction and installation of infrastructure improvements, dedications from the Developer to the Town, permitted uses for the Property, modified parking regulations and any and all other matters set forth within the body of this Agreement and as more particularly identified and described on the Plan of Development, dated December 7, 1999 as prepared by Patrick Hayes Architecture and as attached as Exhibit "D" hereto. 5. The Developer and the Town acknowledge that the ultimate development of the Property within the Town is of such magnitude that the Developer requires assurances from the Town of the Developer's right to complete the development of the Property pursuant to the Plan of Development before it continues to expend substantial efforts and costs in the development of the Property; and the Town requires assurances from the Developer that when it develops the Property, it will do so in accordance with the Plan of Development and terms and conditions of this Agreement. 1 6. The Town acknowledges that the development of the Property pursuant to this Agreement will result in significant aesthetic, planning and economic benefits to the Town and its residents by increasing revenues to the Town based on improvements constructed on the Property and in the Park and by creating employment through the development of the Property. Further, the Town acknowledges that significant benefits are provided to the Town by Developer's development of the Property in accordance with the Plan of Development including (i) the dedication to the Town of all R-190 zoned land within the Project, and (ii) the development of a parking lot within the Park, and (iii) the development of a raised -grade activity north of the proposed Park parking lot within the Park. 7. Developer acknowledges that the development of the Property pursuant to this Agreement will result in significant benefits to the Developer by providing assurances to the Developer that it will have the ability to develop the Property in accordance with an approved Plan of Development and the use of Town -owned property to satisfy Project parking requirements. Now, IN CONSIDERATION of the foregoing and the mutual promises and agreements set forth herein, the parties agree as follows: AGREEMENT: 1. DEVELOPMENT PLANS. 1.1 Plan of Development. The Documents referred to in Recital 4 and the various exhibits attached thereto this Agreement and this Agreement collectively constitute a "Plan of Development" for the Property. It is the intent of the parties that the development is to be constructed in accordance with the Plan of Development and as further clarified herein. To the extent there is conflict between the various documents making up the Plan of Development and the various ordinances of the Town of Fountain Hills, such development standards as are required to develop the Property in general accordance with the Plan of Development shall be applied and shall govern and control. 1.2 General Plan. The Town and Developer agree and acknowledge that the Plan of Development is consistent with the adopted general plan of the Town of Fountain Hills as it exists on April 6, 2000. Developer and Town agree that at any point in the future and during the term of this Agreement that the Developer may seek an amendment to the Plan of Development, but that any amendment to the Plan of Development must also be consistent with and in basic harmony with the then adopted General Plan of the Town. 1.3 Minor Amendments. The Plan of Development presently indicates the amount and location of building area and the minimum number of parking spaces to be developed on the Property and in the Park and the general nature of commercial and other uses and their associated minimum parking requirements for the Project. So long as the amount and type (ie. office, retail or restaurant) of building area constructed as specified in the Plan of Development is not exceeded and the minimum number of parking spaces is maintained, the Developer may apply to the Town Council for minor changes to the Plan of Development affecting part or parts of the Property. The Town 2 Council shall consider such applications as administrative amendments to this Agreement. In 4611 rendering its decision whether to grant or withhold approval of such applications, the Council may take into account such factors as it deems relevant including by way of example only, the market conditions then in existence, street circulation patterns and parking utilization and capacity. 1.4 Regulation of Development. The Town and Developer agree and acknowledge that the ordinances, rules, regulations and policies of the Town applicable to and governing the development of this Property shall be those ordinances, rules, regulations and officially adopted policies (with current interpretation and practices) which are in existence and in force for the Town as of the date of the recording of this Agreement as varied, waived or clarified hereunder. 1.5 Commercial Space Usage and Parking. Notwithstanding any other language or exhibits contained in this Agreement, the permitted distribution of commercial uses in the Project shall not require more than 294 parking spaces, to be calculated as follows: The required number of parking spaces for office and retail uses shall be one parking space per 250 square feet of gross leasable space. The required number of parking spaces for restaurant uses shall be one parking space per 50 square feet of usable floor area. There shall not be more than 6,000 square feet of "usable floor area" for restaurant use within the project. However, this maximum amount of usable floor area for restaurant usage may be renegotiated at a future date after all of the project and planned park improvements are made if it can be shown that excess unutilized parking exists. 2. CONSTRUCTION OF INFRASTRUCTURE IMPROVEMENTS. 2.1 Developer's Construction. All infrastructure improvements as defined in the Plan of Development and required to be installed and constructed by the Developer shall be done in accordance and as set forth in the Plan of Development. All infrastructure requirements shall be constructed in a manner and under the terms and conditions of all applicable standards, codes, rules or regulations of the Town or other Governmental agencies as they exist at the time this Agreement is entered. Upon permit approval, the Town grants the Developer the right to enter and remain upon and cross any Town easements, rights-of-way and/or property, except as noted below, within or immediately adjacent to the Project to the extent reasonably necessary to facilitate the construction of additional infrastructure or to perform any necessary maintenance or repairs of said infrastructure provided that the Developer shall not impede or adversely affect the Town or the public's use and enjoyment thereof and provided that the Developer shall restore such easements, rights-of-way and/or property to their prior condition upon completion of construction, repair or maintenance. Except with specific Town Council approval, there shall be no right of the Developer to enter, remain upon, cross or in any way utilize or disturb any hillside protection easement on the Property. 2.2 Dedication and Maintenance of Public Rights -of -Way and Parks. Ownership of all completed portions of the public right-of-way and Park improvements and other dedications, including the dedication to the Town of the R -190 -zoned portion of the Project and the development of the parking lot in the Park shall be dedicated, if need be, to the Town by instrument in form and content acceptable to the Town. So long as such infrastructure improvements are constructed in 3.3 Default. Failure or unreasonable delay by either party to perform or otherwise act in accordance with any term or provision of this Agreement for a period of thirty (30) days (the "Cure Period") after written notice thereof from the other party, shall constitute a default under this Agreement. Said notice shall specify the nature of the alleged default and the manner in which said default may be satisfactorily cured, if possible. In the event such default is not cured within the Cure Period, the non -defaulting party shall have all rights and remedies which may be available at law or in equity. 4. NOTICES AND FILINGS. 4.1 Manner of Service. All notices, filings, consents, approvals and other communications provided for herein or given in connection herewith shall be validly given, filed, made, delivered or served if in writing and delivered personally or sent by registered or certified United States Mail, postage prepaid, if to: The Town: Personal Delivery: Town Clerk Town of Fountain Hills 16838 East Palisades Boulevard Fountain Hills, Arizona 85268 With a copy to: William E. Farrell, Town Attorney 10135 East Via Linda, Suite 220 Scottsdale, Arizona 85258 The Developer: Mr. Mike Gustafson Victoria Properties, Inc. 549 South 48th Street, Suite 108 Tempe, Arizona 85281 With a copy to: Mark D. Dioguardi Tiffany & Bosco Fifth Floor Viad Tower 1850 North Central Avenue Phoenix, Arizona 85004-0103 or to such other addresses as either party hereto may from time to time designate in writing and deliver in a like manner. 4.2 Mailing Effective. Notices, filings, consents, approvals and communication given by mail shall be deemed delivered seventy-two (72) hours following deposit in the United States Mail, postage prepaid and addressed as set forth above. 31 5. GENERAL. 5.1 Waiver. No delay in exercising any right or remedy shall constitute a waiver thereof, and no waiver by the Town or the Developer of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. 5.2 Headings. The descriptive headings of the paragraphs of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. 5.3 Exhibits. Any exhibit attached hereto and the documents constituting the Plan of Development, shall be deemed to have been incorporated herein by this reference with the same force and effect as if fully set forth in the body hereof. 5.4 Further Acts. Each of the parties hereto shall execute and deliver all such documents and perform all such acts as reasonably necessary, from time to time, to carry out the matters contemplated by this Agreement. Without limiting the generality of the foregoing, the Town shall cooperate in good faith and process promptly any request and applications for plat or permit approvals or revisions, and other necessary approvals relating to the development of the Property by the Developer and its successors. 5.5 Time of Essence and Successor. Time is of the essence of this Agreement. All of the provisions hereof shall inure to the benefit of and be binding upon the successors and assigns of the parties. 5.6 Term. The term of this Agreement shall commence on 161' day of December, 1999 and shall run perpetually unless terminated by the written mutual agreement of both parties or their successors in interest. 5.7 No Partnership; Third Parties. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between the Developer and the Town. No term or provision of this Agreement is intended to, or shall, be for the benefit of any person, firm, organization or corporation not a party hereto, and no such other person, firm, organization or corporation shall have any right or cause of action hereunder. 5.8 Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. All prior and contemporaneous agreements, representations and understandings of the parties, oral or written, are hereby superseded and merged herein. 5.9 Amendment. No change or addition is to be made to this Agreement except by a written amendment executed by the parties hereto. Within ten (10) days after any amendment to this Agreement, such amendment shall be recorded in the official Records of Maricopa County. VA 5.10 Names and Plans. Subject to the provisions of the "Public Records and Documents" laws of the State of Arizona, the Developer shall be the sole owner of all names, titles, plans, drawings, specifications, ideas, programs, designs and work products of every nature at any time developed, formulated or prepared by or at the instance of the Developer in connection with the Property; provided, however, that in connection with any conveyance of portions of the Property to the Town, such rights pertaining to the portions of the Property so conveyed shall be assigned, to the extent that such rights are assignable, to the Town. Notwithstanding the foregoing, the Developer shall be entitled to utilize such materials described herein to the extent required for the Developer to construct, operate or maintain improvements relating to the Property. 5.11 Good Standing and Authority. Each of the parties represents and warrants to the other (i) that it is duly formed and validly existing under the laws of Arizona, with respect to the Developer, or a municipal corporation within the State of Arizona, with respect to the Town, (ii) that it is a Arizona corporation or municipal corporation duly qualified to do business in the State of Arizona and is in good standing under the applicable state laws, and (iii) that the individual(s) executing this Agreement on behalf of the respective parties are authorized and empowered to bind the party on whose behalf each such individual is signing. 5.12 Severability. If any provision of this Agreement is declared void or unenforceable, such provision shall be severed from this Agreement, which shall otherwise remain in full force and effect. If an applicable law or court of competent jurisdiction excuses the Town from undertaking any contractual commitment to perform an act hereunder, this Agreement shall remain in full force and effect, but the provisions requiring such action shall be deemed to permit the Town to take such action at its discretion. If, however, the Town fails to take the action required hereunder, the Developer shall be entitled to terminate this Agreement. 5.13 Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona. In particular, this Agreement is subject to the provisions of A.R.S. §38-511. 5.14 Recordation. This Agreement shall be recorded in the Official Records of Maricopa County no later than ten (10) days after this Agreement is executed by the Town and the Developer. Town and Developer agree that only Exhibits "A" and `B" hereto will be recorded with the Agreement and that all other documents constituting the Plan of Development and other exhibits will be maintained in a permanent file in the office of the Town Clerk. 5.15 No Developer Representation. Nothing contained herein or the Plan of Development shall be deemed to obligate the Town or the Developer to commence construction on or complete any part or all of the development of the Property; provided, however, any development that is undertaken by the Developer shall be done in accordance with this Agreement and the Plan of Development, as the Plan of Development may be amended from time to time. 0 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. TOWN THE TowN OF FoL NTAiN Hu -Ls, an Mur*' ipul Corporation. , Sharon Morgan, APPROVED AS TO FORM: William E. Farrell, own Attorney STATE OF ARIZONA ) ) ss. County of Maricopa ) DEVELOPER: VICTORIA PROPERTIES, INc., an Arizona Arizona Corporation. ByI, Its ATTEST: Cassie B. Hansen, Town Clerk SUBSCRIBED AND swoRN to before me this-�3f9day of -L? _, 2000 by �% 'v7cthe °cif Victoria Properties, I c., AN ARIZONA corporation, for and n behalf of the corporation. , nzz Notary Public My C m fission Expires: 4 --' STATE OF ARIZONA County of Maricopa OFFICIAL SEAL J. R. BLANKENSHIP Notary Public - State of Arizona MARICOPA COUNTY My comm, explrea Nov. 7 2003 ) ss. ) SUBSCRIBED AND swoRN to before me this day of /r_ ' 2000 by the of THE TowN OF FOUNTAIN Hu.LS, an Arizona municipal corporation, for and on behalf of the Town. Notary Public My Commission Expires: FOFFICIAL SEAL EVELYN J. BENDE otary Public • state of AtfaeMARICOPA OOUNTY y comm. expires Aug. 26, 300 E IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. TOWN DEVELOPER: THE TOWN OF FOUNTAIN HIL.Ls, an VICTORIA PROPERTIES, INC., an Arizona Arizona Mu i 1 Corporation. Corporation. By Sharon Morgan, Mayor Its APPROVED AS To FORM: William E. Farrell, own Attorney STATE OF ARIZONA ) ) ss. County of Maricopa ) ATTEST: -C44U'� �L� Cassie B. Hansen, Town Clerk SUBSCRIBED AND SWORN to before me this day of , 2000 by the of Victoria Properties, Inc., AN ARIZONA corporation, for and on behalf of the corporation. Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss. County of Maricopa ) SUBSCRIBED AND SWORN to before me this day of , 2000 by the of THE TOWN OF FOUNTAIN Hu -Ls, an Arizona municipal corporation, for and on behalf of the Town. My Commission Expires: A 0 Notary Public EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY 10 '"m EXHIBIT `B" LEGAL DESCRIPTION OF PARK 11 EXHIBIT "C" PLAN OF DEVELOPMENT 12 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY 10 Exhibit "A" LEGAL DESCRIPTION FOR THE PLAZA FOUNTAINSIDE PARCEL A portion of the southeast quarter of Section 14, Township 3 North, Range 6 East of the Cala and Salt River Base and Meridian, Maricopa County, Arizona more particularly described as follows: Commencing at the most southeasterly corner of Fountain Hills Arizona Final Plat No. 208 as recorded on November 30, 1971 in Book 144, Page 4 of the Records of Maricopa County, said point being on the easterly right of way line of Saguaro Boulevard and said point being also the beginning of a curve concave easterly and having a radius of 1145.00 feet, a radial line passing through said point bears North 88° 50' 36" West, thence northeasterly along the arc of said curve through a central angle of 06° 35' 23" an arc length of 131.69 feet to the point of beginning; thence continuing along the arc of last said curve and said easterly right of way, through a central angle of 12° 53' 21" an arc length of 257.58 feet; thence North 200 38' 08" East, a distance of 845.49 flet; thence departing Saguaro Boulevard, South 690 21' 52" East a distance of 86.05 feet; thence South 15° 52' 00" West a distance of 249.00 feet; thence South 09° 23' 30" West a distance of 105.00 feet; thence South 05° 09' 59" East, a distance of 108.06 fleet to the beginning of a tangent curve concave easterly and having a radius of 640.00 feet; thence along the arc of said curve through a central angle of 10° 20' 01" an arc length of 115.43 feet; thence South 15° 30' 00" East a distance of 414.63 feet to the northerly right of way line of El Lago Boulevard; thence South 74° 50' 00" West along said right of way, a distance of 238.01 feet to the beginning of a tangent curve concave northerly and having a radius of 470.00 feet; thence along the arc of said curve through a central angle of 20° 21' 57" an arc length of 167.06 feet; thence North 84' 48' 03" West a distance of 84.58 feet to the beginning of a tangent curve concave northeasterly and having a radius of 20.00 feet; thence along the arc of said curve through a central angle of 92° 32' 50" an arc length of 32.31 feet to the point of beginning. This parcel contains an area of 5.9224 acres, more or less. EXHIBIT "B" LEGAL DESCRIPTION OF PARK 11 R.B. WILL1AMS & ASSOCIATES, INC. (w Consulting Engineers R.B. Williams, P.E. *Jeffrey L. Williams, P.E. & Clifford A. Williams, P.E. Exhibit "B" LEGAL DESCRIPTION FOR THE NORTH PORTION OF THE PLAZA FOUNTAINSIDE PARCEL A portion of the southeast quarter of Section 14, 'Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona more particularly described as follows: Commencing at the most southeasterly corner of Fountain hills Arizona final Plat No. 208 as recorded on November 30, 1971 in Book 144, Page 4 of the Rccords oC Maricopa County, said point being the beginning of a curve, concave easterly, and having a radius of 1145.00 feet, a radial line passing through said point bears North 88° 50' 36" West, thence northeasterly along the arc of said curve through a central angle ol'06° 35' 23", and arc length of 131.69 feet; thence, continuing along the arc of said curve and said easterly right ol' way, through a central angle of 12° 53' 21", an arc length of 257.58 feet; thence North 200 38'08" Gast, a distance of 377.36 feet to the Point of Beginning; thence, continuing along said easterly right of way, North 200 38'03" East, a distance of 468.13 feet; thence departing Saguaro Boulevard, South 691 21' 52" East, a distance of 86.05 feet; thence South 15° 52'00" West, a distance of 249.00 feet; thence South 090 23' 30" West, a distance of 105.00 feet; thence South 05° 09' 59" Last, a distance of l 08.06 feet to the beginning ora tangent curve, concave easterly and having a radius of 640.00 feet; thence along the are of said curve through a central angle of 5° 56' 56", an arc length of 66.45 feet; thence North 58' 47'27" West, a distance of 209.80 feet to the Point of Beginning, containing an area of 1.3246 acres, more or less. 459 N. Gilbert Road, Suite A-185 • Gilbert, AZ 85234-4727 Telephone (602)503-3100 • Fax (602)503-3336 EXHIBIT "C" PLAN OF DEVELOPMENT 12 Fountain Park Phase II PROJECT BOUNDARY MAP Exhibit "C" AIN $rl o � •'4 i 19 15�9 0 .400 800 1200 FEET SCALE 1"=400' 1 2-16-99 Exhibit «C„ FOUNTAIN PROPERTY NO. 211-007-1041677 A portion of Section 14, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, more particularly described as follows: COMMENCING at the centerline of intersection of the Avenue Of The Fountains and Saguaro Boulevard as shown on FOUNTAIN HILLS ARIZONA, FINAL PLAT NO. 208 as recorded on November 30, 1971 in Book 144 of Maps, Page 4 of the records of Maricopa County, Arizona, thence South 69 degrees 21 minutes 52 seconds East a distance of 55.00 feet to the POINT OF BEGINNING, said point being on the Easterly right of way line of Saguaro Boulevard; thence North 20 degrees 38 minutes 08 seconds East along said right of way, a distance of 942.72 feet to the beginning of a tangent curve concave Westerly and havi-ng a radius os 1255.00 feet; thence along the arc of said curve through a central angle of 13 degrees 15 minutes 08 seconds an arc length of 290.28 feet to the beginning of a reverse curve concave Southeasterly and having a radius of 20.00 feet, a radial line passing through said point bears North 82 degrees 37 minutes 00 seconds West; thence departing Saguaro Boulevard Northeasterly along the arc of said curve through a central angle of 103 degrees 15 minutes 08 seconds an arc length of 36.04 feet to the Southerly right of way of Panorama Drive; thence South 69 degrees 21 minutes 52 seconds East along said right of way a distance of 40.73 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 308.00 feet; thence along the arc of said curve through a central angle of 40 degrees 16 minutes 52 seconds an arc length of 216.54 feet; thence South 29 degrees 05 minutes 00 seconds East a distance of 281.77 feet 'to the beginning of a tangent curve concave Northeasterly and having a radius of 392.00 feet; thence along the arc of said curve through a central angle of 20 degrees 05 minutes 00 seconds an arc length of 137.40 feet; thence South 49 degrees 10 minutes 00 seconds East a distance of 597.70 feet to the beginning of a tangent curve concave Northeasterly and having a radius of 392.00 feet; thence along the arc of said curve through a central angle of 25 degrees 10 minutes 18 seconds an arc -length of 172.22 feet; thence South 74 degrees 20 minutes 18 seconds East a distance of 136.69 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 458.00 feet; - 2 - Exhibit "C" No: (211-007-1041677) thence along the arc of said curve through a central angle of 67 degrees 50 minutes 18 seconds an arc length of 542.27 feet; thence South 06 degrees 30 minutes 00 seconds East a distance of 404.84 feet to the beginning of a tangent curve concave Westerly and having a radius of 358.00 feet; thence along the arc of said curve through a central angle of 20 degrees 44 minutes 45 seconds an arc length of 129.63 feet to a point of compound curve, said curve being concave Northwesterly and having a radius of 20.00 feet, a radial line passing through said point bears South 75 degrees 45 minutes 15 seconds East; thence departing Panorama Drive along the arc of said curve through a central angle of 97 degrees 50 minutes 37 seconds an arc length of 34.15 feet to a point of reverse curve, said point being on the Northerly right of way line of E1 Lago Boulevard, and said curve being concave Southerly and having a radius of 302.00 feet, a radial line passing through said point bears North 22 degrees 05 minutes 22 seconds East; thence along the arc of said curve through a central angle of 68 degrees 15 minutes 22 seconds an arc length of 359.77 feet; thence South 43 degrees 50 minutes 00 seconds West a distance of 340.76 feet to the beginning of a tangent curve concave Northerly and having a radius of 220.00 feet; thence along the arc of said curve through a central angle of 80 degrees 25 minutes 00 seconds an arc length of 308.78 feet; thence North 55 degrees 45 minutes 00 seconds West a distance of 137.00 feet to the beginning of a tangent curve concave Southerly and having a radius of 330.00 feet; thence along the arc of said curve through a central angle of 22 degrees 35 minutes 00 seconds an arc length of.130.07 feet; thence North 78 degrees 20" minutes 00 seconds West a distance of 303.80 feet to the beginning of a tangent curve concave Southerly and having a radius of 380.00 feet; thence along the arc.. of said curve through a central angle of 26 degrees 50 minutes 00 seconds West a distance of 177.96 feet; thence South 74 degrees 50 minutes 00 seconds West a distance of 243.15 feet; thence departing E1 Lago Boulevard North 15 degrees 30 minutes 00 seconds West a distance of 15.00 feet to the Southeast corner of Parcel No. 2, Maricopa County Recorders Number 86-385919; thence continuing, North 15 degrees 30 minutes 00 seconds West along the Easterly line of said Parcel No. 2, a distance of 143.00 feet to the Southeast corner of Parcel No. 4B, of said Recorders Number; - 3 - . Exhibit No: (211-007-1041677) thence continuing, North 15 degrees 30 minutes 00 seconds West along the Easterly line of said Parcel No. 4B, a distance of 182.00 feet to the Southeast corner of Parcel No. 5, of said Recorders Number; thence continuing, North 15 degrees 30 minutes 00 seconds West along the Easterly line of said Parcel No. 5, a distance of 74.63 feet to the beginning of a tangent curve concave Easterly and having a radius of 640.00 feet; thence along the arc of said curve through a central angle of OS degrees 56 minutes 56 seconds an arc length of 66.45 feet; thence departing said Parcel No. 5, and continuing along the arc of said curve through a central angle of 04 degrees 23 minutes 05 seconds an arc length of 48.98 feet; thence North 05 degrees 09 minutes 59 seconds West a distance of 108.06 feet; thence North 09 degrees 23 minutes 30 seconds East a distance of 105.00 feet; thence North 15 degrees 52 minutes 00 seconds East a distance of 249.00 feet; thence North 69 degrees 21 minutes 52 seconds West a distance of 86.05 feet to the POINT OF BEGINNING. EXCEPT all minerals as reserved unto the United States of America in Patent of said land recorded February 28, 1956 in Docket 1839, page 426, records of Maricopa County, Arizona. - 4 - Exhibit "D" 0 M S�� R9 s .4 9 � 0 Exhibit "D" 4� § y E�`• s••3i.••'' t�� �i a W a IL 0 I A 4J(W NO L/S and `St:Zt 00-1£-JeN `LULL 99L Z09 `•'ONI 38n1331IH08V S3AVH )iOI81Vd :A9 1uaS Town of Fountain Hills Memorandum DATE: March 31, 2000 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder, Community Development Direct4lk) THROUGH: Paul L. Nordin, Town Manager SUBJECT: Raised Grade Activity Area Contribution On December 16, 1999 the Town Council adopted Resolution 1999-61, that approved the Village Bazaar Shared Parking Agreement. At that time staff discussed the possibility of the development of a raised -grade activity area (RGAA) north of the proposed "Park" parking lot, within the existing drainage channel. The RGAA would be built by extending the double box culvert planned under the proposed "Park" parking lot, north approximately 235 feet from the planned sidewalk on the north side of the parking lot. The area would be filled in with fill material from the development site as well as sediment from Fountain Lake. The RGAA would provide a new site for the popular Concerts in the Park, because the existing site will be developed with the parking lot for the Park. The RGAA will be an area that could be used for a variety of recreational, social, civic and other events. The RGAA will provide an at - grade turfed crossing between the more developed portions of Fountain Park and the planned Plaza Fountainside commercial development, as well as add to the pedestrian connectivity between Fountain Park and the Town Center area and future linear park. Since December 16, 1999, when the Town Council last reviewed this concept, staff requested and received an estimate from the developer regarding the needed contribution by the Town in order for the RGAA to be developed. In addition to the contribution that Fountain Victoria Properties will be contributing, the estimated Town contribution would be approximately $125,000. The developer would contribute a comparable amount to develop the GRAA. The Parks and Recreation Commission has met to review the shared parking agreement and the concept of the RGAA and voted to recommend Town Council approval of the agreement. Staff recommends Town Council approval of this appropriation. OR Town of Fountain Hills Memorandum DATE: March 31, 2000 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder, Community Development Director THROUGH: Paul L. Nordin, Town Manager SUBJECT: Town Council initiation of an amendment to Section 5.11, Land Disturbance Standards, of The Zoning Ordinance for the Town of Fountain Hills, to exempt Columbaria, as an accessory use to a church, from the land disturbance regulations in Section 5.11, by Special Use Permit. Councilmember Apps has requested that the Town Council consider initiating an amendment to Section 5.11, Land Disturbance Standards, of The Zoning Ordinance for the Town of Fountain Hills, to exempt Columbaria, as an accessory use to a church, from the land disturbance regulations in Section 5.11. The exemption process would be considered by Special Use Permit. The following is the proposed amendment to Section 5.11 of The Zoning Ordinance for the Town of Fountain Hills (New text is shown as double -underlined): 5.11 Land Disturbance Standards A. Purpose. The principal purpose of the Land Disturbance Standards is to allow the reasonable use and development of land while promoting the public health, safety, convenience and general welfare of the citizens of the Town of Fountain Hills. These standards are to help maintain the character, identity, and image of Fountain Hills. The primary objectives of the Land Disturbance Standards are: To minimize the possible loss of life and property through the careful regulation of development; to protect watershed, natural waterways; to ensure that all new development is free from adverse drainage conditions; to protect against soil erosion; to minimize the scarring of the natural terrain and preserve the general visual character of graded sites; and to provide for the protection of the existing landscape by encouraging retention of natural topographic features, native vegetation, and wildlife habitat. To meet these objectives, it is necessary during planning and implementation of grading activities to give consideration to the following: conservation of the natural environmental function of the site; compatibility with the surrounding land; stabilization of hillsides, slopes, or other area subject to erosion or mass movement; and preservation of the natural capacity of drainage courses and protection of natural drainage ways. A Town Council Memorandum March 31, 2000 Columbaria land disturbance exemption initiation memo March 31, 2000 B. Grading Standards. Grading I ermits. There shall be no clearing or grading on, or to, any site other than soil tests (100 square feet maximum in size) prior to the issuance of a zoning clearance and prior to the issuance of a clearing or grading permit. Brushing (to remove grass, weeds and other undesirable vegetation) which may present a potential fire hazard, requires no permit. 2. Grading of Non Single -Family Zoned Platted Land. The area permitted to be disturbed on any non -single-family zoned platted land is unlimited on terrain sloping less than fifteen percent (15%). Disturbance on slopes equal to or exceeding fifteen percent (15%) is limited to the percentage equivalent to the "lot coverage percentage" prescribed in the zoning district. 3. Gradin of f Single -Family Residential Zoned Platted Land. In all single- family residential zoning districts the extent of disturbance on platted land where the plat application was made and accepted by the Town or Maricopa County before November 3, 1996 shall be limited to the following: (Lots owned by utility companies which are regulated by the Arizona Corporation Commission are exempt from the lots disturbance limitations of this subsection). (a) Four (4) times the size of the footprint of the house or building, (including the pad for the house or building). Footprint means that area of the house or building measured from the outside walls (excluding any overhanging portions) which includes indoor uses such as attached garage, carport, utility room, laundry, etc. (including covered patios and breezeways which are an integral part of the roof structure of the house or building). A twenty (20) foot wide band of primary driveway access is excluded from the land disturbance area limitations, or; (b) All of the areas which have a slope of less than fifteen percent (15%) and to the percentage of the aggregate area with a slope of fifteen percent (15%) or greater that does not exceed the maximum lot coverage allowance as prescribed in the respective primary zoning district. A twenty (20) foot wide band of primary driveway access is excluded from the land disturbance area limitations. All grading and/or disturbance authorized by this subsection is considered to be cumulative as of September 20, 1991. Town Council Memorandum March 31, 2000 Columbaria land disturbance exemption initiation memo March 31, 2000 4. Grading of All Platted Land, Regardless of the Base Zoning District, that is Located in Plats Where Applications Were Made and Accepted by the Town After November 3, 1996. The extent of disturbance shall be limited to: (a) When the subdivider has granted a Hillside Protection Easement(s) and/or has donated undisturbed hillside land zoned Open Space Recreational, to the Town of Fountain Hills or to a Town approved land preservation organization to satisfy the hillside protection requirements of Article V of The Subdivision Ordinance of the Town of Fountain Hills, all areas outside of the Hillside Protection Easements and/or preservation lands may be disturbed, or; (b) When no preservation measures have taken place in the platting process, the disturbance allowance shall be in accordance with the grading limitations of Article V, Section 504.A. of The Subdivision Ordinance of the Town of Fountain Hills. 5. Grading of All Unplatted Land, Regardless of the Base Zoning District. The extent of disturbance shall be in accordance with the grading limitations of Article V, Section 504.A. of The Subdivision Ordinance of the Town of Fountain Hills. 6. Grading for Non -Residential Structures. The limitations in grading area for non-residential structures in residential zoning districts as specified in paragraphs B.2. through B.4., may be waived by the Town Council. 7. Grading for Parks and Golf Courses. The limitations in disturbance as specified in this section (including area of disturbance as well as height and retention of cut and fill) may be waived by the Town Council for the development of a park, golf course, or other recreational development that does not entail a building or buildings as the primary purpose of the development. 8. Grading for Utility Lines. With the exception of power lines capable of carrying 69kv or more of voltage, utility lines shall be located underground. Utilities located in subdivisions platted after November 3, 1996, must be located within allowed disturbance areas. 9. Road Grading. Grading for roads is subject to the cut and fill limitations of this ordinance. These limitations may be waived by the Town Council. 10. Total Disturbance. All grading and/or disturbance performed subsequent to September 20, 1991, or subdivision improvement grading (whichever date is most recent) is considered to be cumulative under this ordinance. Town Council Memorandum March 31, 2000 Columbaria land disturbance exemption initiation memo March 31, 2000 11. Disturbance Limit Fencing. Prior to the issuance of any building or grading permit and prior to any disturbance activities, a six-foot high imbedded chain-link fence shall be permitted and installed on the disturbance limit line as identified on the approved site plan for the site. Appropriate warning signs in English and Spanish shall also be posted at least every 100 linear feet on the required fencing. The building official, or his/her designee(s), shall inspect the fence and signage to insure its proper location and construction prior to the issuance of the building/grading permit for the site. Such fencing and signage shall be maintained in place throughout the grading/construction process and shall only be removed after a final inspection or Certificate of Occupancy has been issued by the Town. These regulations may be waived by the Community Development Director if 100% of the lot, on which the construction activity is permitted, has been graded or disturbed as part of an approved subdivision grading permit. 12. Columbaria Disturbance Exemption By Special Use Permit. The development of columbaria, including any accompanying features such as walkways, may be exempted from the regulations of Section 5.11(B) Grading Standards. by Special Use Permit if the following conditions exist: a. The columbaria is an accessory use to a church. b. The columbaria and any accompanying features shall be designed to minimally alter the existing topography and vegetation. C. The columbaria and any accompanying features shall be designed so that any "Natural Features", as defined in Section 103 of The Subdivision Ordinance for the Town of Fountain Hills. are not distudxd. d. The building area of the columbaria shall not exceed ten (101 percent of the total building area of the church buildings. e A landscape plan prepared and stamped by an Arizona -registered landscaM architect is submitted and approved that meets the applicable landscaping regulations of Article VI. Section 605 of The Subdivision Ordinance for the Town of Fountain Hills. d CHAPTER 2 MAYOR AND COUNCIL Article 2-1 COUNCIL 2-1-1 Elected Officers 2-1-2 Corporate Powers 2-1-3 Assumption of Duties 2-1-4 Vacancies in Council 2-1-5 Compensation 2-1-6 Oath of Office 2-1-7 Bond 2-1-8 Financial Disclosure Statement 2-1-9 Prohibition on Holding Appointive Town Office 2-1-1 Elected Officers A. The elected officers of the town shall be a mayor and six councilmembers. The mayor and councilmembers shall constitute the council and shall continue in office until assumption of duties of office by their duly elected successors as set forth in Section 2-1-3. B. The term of office of the mayor shall be two years. C. Councilmembers shall serve four year overlapping terms. (Ord. 99-02, Amended, 01/21/1999) 2-1-2 Corporate Powers The corporate powers of the town shall be vested in the council and shall be exercised only as directed or authorized by law. All powers of the council shall be exercised by ordinance, resolution, order or motion. 2-1-3 Assumption of Duties Councilmembers shall assume the duties of office at the first regularly scheduled council meeting in June next following the date of the general election at which, or effective as of the date of which, the councilmembers were elected. (Ord. 99-02, Amended, 01/21/1999) 2-1-4 Vacancies in Council The council shall fill by appointment for the unexpired term any vacancy that may occur for whatever reason. 2-1-5 Compensation The compensation of elective officers of the town shall be fixed from time to time by resolution of the council. 7 ( Rev. 1/99) -235 - Vacancies in council http://www.azleg.state.az.us/arsi9l?35.htm 9-235. Vacancies in council The council shall fill by appointment for the unexpired term a vacancy that may occur through death, resignation, removal from the town or removal from office of a member of the council. The member appointed shall be a legal resident of the precinct in which the former member held office. I of 1 4/6/2000 11:12 AM