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HomeMy WebLinkAbout2000.0504.TCRMP.Packet kkcp NOTICE OF REGULAR SESSION OF THE 4 •c. FSC 19a'1 �: arisAn" FOUNTAIN HILLS TOWN COUNCIL Mayor Morgan Vice Mayor Apps Councilwoman Hutcheson Councilman Wyman Councilman Poma Councilman Mower Councilman Kavanagh WHEN: THURSDAY, MAY 4, 2000 TIME: 6:30 P.M. WHERE: TOWN HALL COUNCIL CHAMBERS 16836 EAST PALISADES BOULEVARD, BUILDING B RULES FOR ADDRESSING THE COUNCIL—ADOPTED 1/18/90 It is the Council's desire to hear public comment on agenda items. As it is important to maintain order 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—Cub Scouts from the Panther Patrol • INVOCATION—Steve Gilbertson,Fountain Hills Community Church • ROLL CALL Consent Agenda: All items listed with an asterisk (*) are considered to be routine, non-controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an Le 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 May 4,2000 *1.) Consideration of APPROVING THE MEETING MINUTES of April 19 and 20, 2000. itio *2.) Consideration of RESOLUTION 2000-21 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easement located along the southwesterly property line of Plat 605-B, Block 2, Lot 46 (16003 E. Venetian Lane) as recorded in Book 164 of Maps, Page 13 records of Maricopa County, Arizona. (Thomas McAuliff and Sheree Batson). EA00-16 *3.) Consideration of APPROVING A CONTRACT for a benchmark survey with Anderson-Nelson, Inc. in the amount of$25,000. *4.) Consideration of a TEMPORARY USE PERMIT requested by Dixie Green Promotions for an Art Show/Outdoor Retail Sales located in Plat 706 north of Shea Boulevard and west of Monterey Drive, Case #TU2000-03. 5.) PRESENTATION of Certificates of Appreciation to organizations that have participated in the Adopt-A- Street program since its inception in 1995. Groups being honored include: Sunrise Kiwanis,Lions Club, Noon Kiwanis and Fountain Hills Rotary Club, who all signed up on June 15, 1995; Coldwell Banker Success Realty, who signed up on June 21, 1995; and Boy Scouts#343, who signed up on June 26, 1995. 6.) PRESENTATION by Kristen Genovese, Director of Community Programs with EVAC (East Valley Addiction Council), a Community Partnership Program. Ms. Genovese will provide information on signs, symptoms and current trends in drug use. 7.) PRESENTATION by John Rosenquist on the fund-raising efforts for the new community center project. 8.) Consideration of APPROVING the Town Attorney's letter to the Arizona Corporation Commission Lir 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. 9.) PUBLIC HEARING to receive public comment on a proposed Special Use Permit to allow a wireless communications facility to be located at 16100 E. Palisades Boulevard, a.k.a. Fountain Hills High School, on an existing light standard at the football field, Case Number S2000-01. 10.) Consideration of a SPECIAL USE PERMIT to allow a wireless communications facility to be located at 16100 E. Palisades Boulevard, a.k.a. Fountain Hills High School, on an existing light standard at the football field, Case Number S2000-01. 11.) PUBLIC HEARING to receive public comment on a proposed Special Use Permit to allow a wireless communications facility to be located at 16701 Laser Drive, a.k.a. Van's Storage, along the east side of the lot which faces Technology Drive, Case Number SU2000-02. 12.) Consideration of a SPECIAL USE PERMIT to allow a wireless communications facility to be located at 16701 Laser Drive, a.k.a. Van's Storage, along the east side of the lot which faces Technology Drive, Case Number SU2000-02. 13.) CALL TO THE PUBLIC AND ADJOURNMENT. 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. DATED this 3rd day of May 2000. (1A-44-A-1 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 2 of 2 Last printed 05/03/00 10:47 AM MEMORANDUM (irw TO: T E O 1 ' ' BLE MAYOR AND TOWN COUNCIL FROM: PAV V! ' 1 IN, TOWN MANAGER DATE: APRI , 2001 RE: MANAGER'S REPORT FOR THE MAY 4th COUNCIL MEETING Reminders: There are two public hearings on this agenda. A Special Council Session is scheduled for Monday, May 1st at 5:00 p.m. in Council Chambers. Town staff and Black & Veatch Engineering will present the status of the Fountain Lake liner project. The meeting should last approximately one hour. Packet information for this meeting will be provided to you today. Mayor Morgan's Chat is on the calendar for Saturday, May 6th, at 10:00 a.m. The meeting will be held in the Building B Council Chambers. Target Items: It is possible that all of the remaining Target items will be back on next week's agenda. Please refer to the material provided in the last two Council meeting packets. I am aware that yet another Laser Drive abandonment/alternative is being prepared, and that the Barclay Group has agreed to drop the 7 percent interest request that was in the economic development agreement. This information will be provided to the Council next week when it is available. Please note it is highly probable that if these items are placed on the agenda at the request of the Barclay Group, staff will recommend another continuance. CONSENT AGENDA: There are four items on the consent agenda. Please review each item and contact me should you determine any should be removed. AGENDA ITEM#5 - PRESENTATION OF AWARDS TO ADOPT-A-STREET COMMITTEE MEMBERS: Councilmember Pen Mower will present Certificates of Appreciation to recognize six organizations that have continually participated in the Adopt-A-Street program since 1995. Sunrise Kiwanis, Noon Kiwanis, Lions Club, and the 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 is attached. Town Manager's Report May 4,2000 Council Meeting Page 1 of 2 AGENDA ITEM#6 - PRESENTATION BY EAST VALLEY ADDICTION COUNCIL: Councilman Mower recently heard a presentation by the EVAC (East Valley Addition Council), and was impressed. He suggested that this information be presented to the public. Kristen Genovese,Director of Community Programs for EVAC, will discuss current drug use trends and answer questions regarding current drug use trends. No report on this subject is enclosed. AGENDA ITEM#7 - COMMUNITY CENTER FUND RAISING COMMITTEE REPORT: This agenda item was sponsored by Councilwoman Hutcheson. Committee Chairman John Rosenquist will update the Council on the fund raising efforts for the new community center project. He will be pleased to answer any questions you may have. There is no memo attached for this agenda item. AGENDA ITEM#8 - 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 (iirr Commission supporting the sale. Bill Farrell will provide revised information regarding this item next week. AGENDA ITEMS #9 & # 10 - PUBLIC HEARING/SPECIAL USE PERMIT/ WIRELESS FACILITY AT FOUNTAIN HILLS HIGH SCHOOL: The first public hearing is on the agenda to receive input regarding a proposed wireless communications facility to be placed on an existing pole at the high school football field. The special use permit was unanimously recommended for approval by the Planning and Zoning Commission. Geir's memo is attached. AGENDA ITEMS# 11 &# 12 - PUBLIC HEARING/SPECIAL USE PERMIT/ WIRELESS FACILITY AT VAN'S STORAGE: The next public hearing will gather comments regarding a special use permit for a proposed wireless communications facility to be located at 16701 Laser Drive, a.k.a. Van's Storage. The Planning and Zoning Commission unanimously recommended approval. Please see Geir's enclosed memo. Manager's Report May 4,2000 Council Meeting Page 2 of 2 MEMORANDUM L TO: Honorable Mayor and Town Council FROM: Art Candel ria, Civil Engineer isREVIEWED: To �.rd, I terim Town E m j " THROUGH: Pau r. n, Town Manager DATE: April 8, 200 RE: Easement Abandonment 00-16; Resolution 2000-21 This item on the Town Council's agenda is a proposal to abandon the ten (10) foot public utility and drainage easements located at the southwesterly property line of Lot 46, Block 2, Plat 605-B, (16003 E. Venetian Lane) as shown in Exhibit "A". The property owners of Lot 46 desires the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. Staff has received no comments to date from the adjacent property owners. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 46 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 2000-21. cc: Tom McAufill & Sheree Batson M/M Demcak D. Pingel M/M Rennie A. Evans GAEasement Memo\EA00-16,Plat 605-B,Blk 2,Lot 46(16003 E.Venetian Lane)T.McAuliff&S.Batson When recorded, return to: 'Engineering Department Illwrown of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 2000-21 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT,TITLE, OR INTEREST IT HAS IN A PORTION OF THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE SOUTHWESTERLY LOT LINE OF LOT 46, BLOCK 2, OF PLAT 605-B, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 164 OF MAPS, PAGE 13, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real property located in the Town of Fountain Hills, may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, The Town Council of the Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, All present utility companies have received notification of the proposed abandonment; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That the certain ten (10)foot public utility and drainage easements, located along the southwesterly property lot line of Lot 46 as shown in Exhibit A; of Plat 605-B, Block 2, Lot 46, Fountain Hills, Arizona; as recorded in book 164 of maps, page 13 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 46 are required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of rertvving 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 2000-21 Page 1 of 2 ASS/!AIL s y- °U MOTION V oW t� SECOND W h'NO.V\ COUNT PASSED AND ADOPTED this y49'day of n1 01 2000. TTEST: F R T E TOWN OF F UNTAIN HILLS CA \e. J alf/ Cassie B. Hansen, Town Clerk Sharon Morgan, ayo REVIEWED Y: APPROVED AS TO FORM: .1&-7, gr.,lecer,;. Paul L. N di' , Town Manager William E. Farrell, Town Attorney L Resolution 2000-21 Page 2 of 2 • 1%% p� Na • b w �—"�� , ii d w s 'sr o 400. • .1, o� e1 p�9 — cY, t 2 . p 9� \ 1 ti . 10 o \ O ,ti. i \ 23.�0 p -(ze 9 i 4. N6o°¢eooc \ ili,� DO .24 p� �o � tr� po 00 , \\ ��o, r�tl�l 0. coo 0o J 34 '0 \2--. 25��pDpp r� . �.���� .. ,'• pp0 ,� 0 ,9 / «�9s � Io. .. 26.0;(7 \\)\ s ...5 -e- , p0 32 0 08� tih4 03Zq� w °. Ih0(1 .cc...-.__,::::,2 RU.e E e k ' _ N p ° o� ° , %9�> ry ♦ r , h 3/ v � 3� 6 o .3�93 C��o 1 tit pp �s i ' 0o•s� � o 0 i+J - .a D." 2,9 1 1 ,` ti� l 42 �� o ��� �a II r v�' D oo �� �� : • HERO AB OJ E 3�'6 tit Rh 43 tis%oo e���� 0 P.o� \ 'l I p° � O CO �o��ea.� � ��soo ems: t h O C o �r�sue. '_�T�c�a S7 i _ R 44 0 r-� .�,. o ��oo. a , • \' h / ems . � \t \345 M �� �4 ��� \ A _- Q./i �\• ���5' nDti IB� 46, O �°?.• ? '� .9± • o�, ABANDON ..... p . �8 h r- ..--s_7 y- 2 S) 5 - ‘ 0 - : (Iv s` he 4 9p . ��/ . .D \ . . _ 1 �_ o � i 2 �4 r . �9 �� \ate 4 g 9 A c3 �� O o.� cr,,,, z--______ ----_,--_,:- 1 .• - 0 , -•/:'-:/Sdoe 4 1. . " % . • . ' ?�� / o r / 14T a005•$,Bht!2�LOT P G /� L 0 4�•p0 . • o Xfi/e/T ,=4 Chron 90 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Honorable Mayor and Council FROM: • W.� THROUGH: P I Is in DATE: Ap .128, 2000 RE: Contract with Anderson-Nelson, Inc. Benchmark Survey Town staff has collectively developed a plan to design and implement a Geographical Informational System (G.I.S.) for the Town of Fountain Hills. This system will provide our CAD operators with the tools necessary to create layers of information that will be invaluable to all departments. GIS allows all infrastructure systems to be visualized individually or collectively providing an invaluable tool in the platting and abandonment processes. All platted subdivisions, zoning districts, general plan uses and building development can be viewed simultaneously in multiple layers. For instance, "as built" drawings would be available for utility locations, such as water and sewer systems, facilitating repair, maintenance and development efforts. (Please reference Joan Blankenship's April 21 T.I.P. article "The Future In GIS", a comprehensive compilation of material explaining GIS and outlining its many applications and uses.) The first phase of the GIS is to obtain the benchmark control data. This involves a town-wide survey to establish vertical and horizontal points across the entire Town. When completed, the CAD Department would create the databases necessary to move into Phase II. Many complex computer operations will be necessary to produce the many layers of information that will make up the final product. Most other jurisdictions are currently using GIS systems to the benefit of all departments and municipal operations. Staff feels it is time to bring this technology to the Town of Fountain Hills and would like to enter Phase I of the implementation plan. There is $10,000 in this year's budget for this type of work and also $15,000 for an aerial survey. Since our existing aerial is only two years old, staff recommends delaying the aerial survey and dedicating these funds to the benchmark control survey. Staff recommends approval of a contract with Anderson-Nelson for professional services in the amount of$25,000. A-N Contract.doc Page 1 of 1 TOWN OF FOUNTAIN HILLS CONTRACT PROJECT NO. ENG 2000-07 PROJECT NAME: Benchmark Survey THIS CONTRACT, made and entered into this day of April, 2000 by and between Anderson- Nelson, Inc. , hereinafter designated "Contractor" and the Town of Fountain Hills, County of Maricopa, and State of Arizona, a municipal corporation, organized and existing under and by virtue of the laws of the State of Arizona, hereinafter designated "OWNER". WITNESSETH: That the said Contractor, for and in consideration of the sum to be paid him by the said Owner, in the manner and at the time hereinafter provided, and of the other covenants and agreements herein contained and under the penalties expressed in the bonds provided, hereby agrees, for himself, his heirs, executors, administrators, successors, and assigns as follows: ARTICLE I - SCOPE OF WORK: The Contractor shall furnish any and all labor, materials, equipment, transportation, utilities, services and facilities required to perform all work for Project No. ENG 2000-07 in a good workmanlike and substantial manner to the satisfaction of the Owner and under the direction and supervision of the Owner. The Contractor agrees that this Contract, as awarded, is for Benchmark Survey in the amount of $25,000 and understands that payment for the total work will be made on the basis of the indicated amount(s), as quoted in the attached letter of April 12, 2000. ARTICLE II - CONTRACT DOCUMENTS: Scope of work as outlined in Anderson-Nelson's letter of April 12, 2000 is by this reference made a part of this Contract to the same extent as if set forth herein in full. ARTICLE III -TIME OF COMPLETION: The Contractor further covenants and agrees at his own proper cost and expense, to do all work as aforesaid for the surveying services in conjunction with the establishment of a benchmark network within the Town's boundaries. ARTICLE IV - PAYMENTS: For and in consideration of the faithful performance of the work herein embraced as set forth in the Contract Documents, which are a part hereof and in accordance with the directions of the Owner, through its Engineer or other properly authorized agent and to Owner's satisfaction, the Owner agrees to pay the said Contractor the amount earned, computed from actual quantities of work performed and accepted or materials furnished at the unit bid and/or lump sum price on the Bid Form made a part hereof. Any progress payments made shall be in accordance with the General Conditions as set forth in the Contract Documents which are a part hereof and final payment shall be made within forty (40) days after final inspection and acceptance of the work. Anderson-Nelson ENG 2000-07.doc Page 1 of 2 ARTICLE V - CONTRACT ADMINISTRATOR: shall be Thomas L. Ward. Interim Town tihr Engineer or designee. ARTICLE VI — This agreement is governed by the laws of the State of Arizona and specifically A.R.S. §38-511. IN WITNESS WHEREOF, three (3) identical counterparts of this contract each of which shall for all purposes be deemed an original thereof, have been duly executed by the parties herein above named, on the date and year first above written. A FI'EST: TOWN OF FOUNTAIN S Cassie Hansen,Town Clerk Mayor Sharon Morg n REVIEWED: REVIEWED: ail Tomas L. Ward, Interim Town Engineer William E. Farrell,Town Attorney Anderson-Nelson,Inc. CORPORATE SEAL Don N. Anderson,P.E.,L.S. L Anderson-Nelson ENG 2000-07.doc Page 2 of 2 MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Geir H. Sverdrup, Senior Plann DATE: April 28, 2000 SUBJECT: TU2000-03 Dixie Green Promotions Dixie Green Promotions has requested a Temporary Use Permit for an Art Show/Outdoor Retail Sales located at 17100 Shea Blvd.. During the required posting period staff filed a protest due to adverse impacts. Once a protest is received staff must agendize the request for review by the Town Council. Please see the attached staff report for details. L TOWN OF FOUNTAIN HILLS STAFF REPORT May 4, 2000 CASE NO: TU2000-03 LOCATION: 17100 E. Shea Blvd. AKA Lot 4, Plat 706. REQUEST: Approval of a Temporary Use permit for n Art Show/Outdoor Retail Sales. DESCRIPTION: OWNER: Phoenix Properties, L.L.C. APPLICANT: Dixie Green Promotions. EXISTING ZONING: "C-i" EXISTING USE: Vacant. SURROUNDING LAND USES AND ZONING: NORTH: Multi-family (Monterra Ranch); zoned "R-5 P.D." SOUTH: Commercial (Comfort Inn, Cash Wash, Texaco); zoned "C-2" EAST: Single family; zoned "R1-6 P.U.D." WEST: Commercial &vacant; zoned "C-1" SUMMARY: This request is for approval of a Temporary Use Permit to allow an Art Show/Outdoor Retail Sales to be located at 17100 E. Palisades Blvd. Under normal circumstances Temporary Use Permits are issued by staff after the required 10 advertising period. In circumstances where a written protest is received within the posting period the request must go before the Town Council for action. The Fountain Hills Zoning Ordinance requires that under Chapter 2, Section 2.03.D.4 "If there is an written objection received by the closing date of the posting period, the Council shall consider the application at the first regular meeting held not less than fifteen (15) days after the receipt of said protest. In this case staff filed the protest for several reasons. The first concern from staff is that the applicant has resubmitted plans, at staff's request, that more fully explained the areas to be utilized by the proposed Temporary Use. The applicant's first submittal was concentrated on lots 4 & 5. The subsequent re-submittal increased the area to include lots 1, 2 & 6 and removed lot 5. As the plan does not appear to be concrete staff cannot in good conscience recommend approval of the use. Additionally with the expansion staff does not have any further authorizations from any other land owner's (if any). After discussing this application with the Town Clerks office it was stated that the applicant had at one time considered a Special Event Permit for this use. The Special Event was never applied for page 1 of 2 and the Town Clerks office feels that a Special Event Permit is required due to the increased traffic and activity in an area, which would not typically see such use. The Clerks office is also concerned that each vendor will need to obtain a transient business license to participate and that when asked Dixie Green did not know whom or how many vendor would be attending. The Town Marshall's Department was consulted and the Marshall's Department feels that the event will cause traffic congestion and potential parking on Shea Blvd. and Monterey Drive. The following zoning requirements apply to this particular request. 5.16 Temporary Carnivals, Circuses, Revivals, Rodeos, Swap Meets, Outdoor Retail Sales and Similar Activities. Temporary Carnivals, Circuses, Revivals, Rodeos, Swap Meets, Outdoor Retail Sales and Similar Activities. A. Applicability. The provisions of this Section do not apply to garage sales or rummage sales. All other temporary carnivals, circuses, revivals, rodeos, swap meets, outdoor sales, and similar activities may be permitted only in OSR, Commercial and Industrial Zone Districts subject to the restrictions of Subsection B of this Section. B. Temporary Use Permit. A temporary use permit shall be obtained from the Zoning Administrator in accordance with the following: 1. The Zoning Administrator shall ensure that health and safety are considered, and shall obtain the approval of the Maricopa County Health Department, the Fire District, and the Town Marshal's Office prior to issuing the temporary use permit. 2. The Zoning Administrator shall ensure that land area is adequate for the proposed use and consequent parking, and shall ensure that traffic safety is considered. 3. The Zoning Administrator shall require any measures necessary to protect surrounding property. *23 4. A time limit shall be established for each use conducted under the temporary use permit. Unless otherwise previously approved by the Town Council, the time limit shall not exceed seven (7) consecutive days, nor shall there be more than four (4) temporary use permits issued for the same use during any calendar year. The Town Council may grant permission for the same use to be held more than four (4) times during a calendar year. 5. Permanent structures shall not be permitted under a temporary use permit. page 2 of 2 FINDINGS OF FACT: 1. The use is not typical of the "C-1" Zoning District 2. The applicant has changed the size of the proposed area 3. The proposed event will impact the area for traffic and activity. 4. The proposed event is scheduled to occur on May 20&21, 2000 The protest filed by staff is such that the proposed use will have adverse impacts on the neighbors and the immediate area RECOMMENDATION: Based on Town of Fountain Hills Zoning Ordinance Section 5.16 Temporary Carnivals, Circuses, Revivals, Rodeos, Swap Meets, Outdoor Retail Sales and Similar Activities. and the protest filed by the Town staff, staff finds that this request is not consistent with the intent of this section of the ordinance and therefore recommends DENIAL of this Temporary Use Permit. L page 3 of 2 MAR-1 E-00 THU 09 :07 HM DIXIE GREEN PRor10T I ONS 6'32 375 0E9E F . 3 in Q�ii) ,� j TOWN OF FOUNTAIN HILLS .•• COMMUNITY DEVELOPMENT DEPARTMENT (IIIV . ' !.. ! ,.. 4 n1,,:, ,. , .1,1.,. _+,.:),_-,,r7 ,:'i _ -.1_1.:,:,, ';,7!fi.t,o; . . ,' . . .1..• Data Flitd _; _ _ __ _ _ _� _ Fee Paid ' Accepted By Type of Temporary Use Re ueeted - v L ----- IIII ! V octets)Temporary Use Will Occur ✓Yla,tra Qkt a/ , --y—�-� From: 6P�E t A 9 , cy2OO© _ To: 4PP.1 G 0�„loco Address of Subject Prope 85744' ILiturn Z ing/7 /00 L. 4 434Ud 16241JTAiA 41.LLc � erci x Legal Description; Plat 7b� Block Lot(s) Applicant .� FA-x --(bp,_) Day Phone(40.2-) lY 6eE 1L1 Qe,noriaks ,�-7s q� -op p City �----���- - , ��1-Zip�� Ail iD, c° 's r y �P (n. ��,� z, say y Owner T Day Phone ��veh,x t0_per es, . �$5 "` fiewetat�,CCc) Ho-'F - y90d Addr as x S nature of Ow erg ; '7 f HERBY AUTHGRIZE(Please Print) ' Date �{ ) • -ile;1-?- /Xt �4&1✓N` % J__ Ae- TO FILE THIS APPLICATION. // /00 X -•Subscr ad and Sworn before e . e_' 7 day el.__ f���G .._..___..__ ��• VI ,,,,. ,,/' Sion Expires _y - o� ' r' Notary P rid- `/.:,,,, NOTARY PUBLIC "!abs' STATE OF ARIZONA County of Maricopa 4°rs+' MARCIA L. SNODGRASS -., (Seal) Please Provide the Following(a )( 1. Site Plan showing location of the temporary use and the orientation of surrounding properties. ‘ " � ye 2. Mailing labels with names and addresses of property owners within 300 feet of the proposed temporary use boundaries. N/>� 3. Description of the proposed use, the operations of the use, and the facilities proposed for the land use. 4. Describe any adverse impact which the proposed land use may have on the surrounding properties, and on the neighborhood. 5, Describe the steps that will be taken to avoid or lessen these adverse impacts. TFM Case Number Fee Schedule Atta:,hed -- 3 vo/T o'd O,r, s 1-11}1 t 1!b1N;GJ .A: ti D.1, c i :S l IDO -90-.:r* DUI GREEN PROMOTIO7 ;, INC. 3141 W.CHRISTy DRIVE,PHOENIX,ARIZONA 85029(602)789-7222• FAX(602)375-11696 t March 30, 2000 Jeff Valder Town of Fountain Hills 16836 E. Palisades Fountain Hills, Az. RE: Fountain Hills Center ART SHOW Dear Jeff, Items #1 & #2 are attached. 3.Fountain Hills Center is an established shopping center. The property owners want the art shows to attract attention to the shopping center and the merchants. Merchants may participate in the event. . .with the Candle Shop being one merchant who will set up a display in the Art Show. 4.No adverse impact to surrounding properties or neighborhood. Shows are quiet, neat & clean at all times, no music and set-up & tear-down is done in an orderly manor. 5.Set-up will take place Sat. at 6:30a.m. on the show site. Take-down is Sun. after 5p.m. All exhibitors vehicles will be on show property. Thank You, Dixie Green L s d I 1.1' i . , m--.i. 13 t .., I I I \ , _ — _ `�� ti3alygyV--� • z ,I : J \ 11 Q /` �, _ 0 Ia a :)(4i, j . • ..a.i -- ).4 4 .c —_ t - l. . • ` r ' qq e i I . ix-E,! .pi r,..,,._.,...„..93,„, 1. . ',14.3.i ,.1.,;.i..... piL•41 . 1:, < . - 'A ,/,, .1 gl:,, ;S-ii :-•„"; '7L— j •tri 1 \ 2 . f�. a _ ;0 N�. r sal t: Ol ,t, --- v '�G a S : pia- « � 4 ' i 1 w + It' r -17t ra . • U ••14 �^ • Or. f�:r°� a• t�d� 70'i� pyaa axe 1: 4 ,Q 4 ,� P a .1 • $ _ { � "�'f Ili :. il :ter.• 1 ., ,..•. t ..:• `- E , 12 ii� 3 i; A• a+.ear� nra' .i — .• t ,— .4 a /\,_,\• ----4 _ Q < "1r' •} �i �— 1., { U ,.'' C W �r 1 \E � otia L I,-. p� 1 Ha 1,,-----_______\ //id---1.-- . , • � _ -r-1.,�M.J�'YV.: lam` — ` — .___ .I t L /�•,\ • ( I Sig<11'4 ..,, K`ti. `. \ W F APR-21-O0, FRI 11 :41 AM DIXIE GREEN PROMOTIONS 602 375 0696 P. O1 UQN QUIGK FaA)Cofirweenfwe dr - • uziamomms `• '4 •'3 - /4Eb' • -D -00.7.E Nolo: 1 LOT - Fott. l i4# 1iLt,s ecArrele- 0 Q CD CD Qa0 a 411114$1110. .440 dp4. 41.lard. 0 (6, as 40 0. 0 CD CD O CD LEA BLvd /P � L APR-21-00 FRI 11 :42 AM DIXIE GREEN PROMOTIONS 602 375 0696 P. 02 1\ \ ' \Nk . ;.,'1 li 1 �... .- - . .. .'1 6- #14ti. t . r--- 6, ' r i - --.-- --r. ---- #1/ st,r. O In �,Zn 0 Is� _�; S. - Fi, u '.�r F�ieZtu elii,`j, --\ ,, L 1''• pA .. Ipj 6�►ii c c 10 I it > h 164 Iw 0 � Y '''L .,,.-* 4 w,r.m........ . t.„,.•_.,.. • .....-"--.1„,,,14"; ..2:41 If - Cif V' ^ �; {V. EKE ii1 aJ: , , II ' N• ' L=all `.1 `�' a/' �E 0— I irsi A ' ••, . . 0.4 L I 11. ' ATE i I ,',.1..kw ti e!1. a 3:0 ;; 1) D78. 4, I ;�'......'ii. VI I Plio ,.... ...irb ii' l L ir: 11 IF' ✓ e lbw MEMORANDUM TO: Honorable Mayor Morgan and Town Council FROM: William E. Farrell DATE: May 5, 2000 SUBJECT: Agenda Item#8 Attached is the information regarding Agenda Item#8, the Council's letter of recommendation of approval to the Arizona Corporation Commission. Orr Law Offices Of William E. Farrell, P.L.L.C. Tel(480)661-6044 William E.Farrell Suite 220 Fax(480)661-7454 10135 E.Via Linda Scottsdale,AZ 85258-5312 DRAFT May 2000 The Honorable Carl J. Kunasek Chairman The Honorable Jim Irvin, Commissioner The Honorable William A. Mundell, Commisssioner Arizona Corporation Commission 1200 W. Washington Phoenix, AZ 85007-2996 Re: Docket No. W-02113A-00-0233 Stock Transfer of Chaparral City Water Company to American States Water Company Gentlemen: I am writing to the Commission as the Town Attorney for the Town of Fountain Hills pursuant to direction of the Town Council taken as part of their regular agenda at a public meeting held on the evening of May 4, 2000. The Town Council had asked our office to investigate the issues regarding the transfer of stock referenced above. Pursuant to that direction, we have met with the principals of American States Water Company, and they have provided to the Town Council a three page letter dated April 14, 2000, a copy of which is attached to this letter. American States Water Company has also made available to my office information regarding access to the attorneys involved in both corporate and litigation matters in the State of California, and have offered us access to a great deal of information regarding the company's current operations. The provision of domestic water to the citizens and users of the Town of Fountain Hills is extremely important to the Town Council. Our initial impression of American States Water Company is such that it is the opinion of the Council at this time that they will be a good c The Honorable Carl J. Kunasek The Honorable Jim Irvin The Honorable William A. Mundell May 2000 Page Two corporate citizen in our community, and they have initially demonstrated a pledge of cooperation on all important future matters. I am, therefore, authorized by the Town Council to indicate to you that the Town of Fountain Hills will be supporting this acquisition by American States Water Company and would respectfully request that, if all other aspects of your staff's analysis of this particular docket are consistent with your policies, you would look with favor upon this action. Respectfully submitted, William E. Farrell Town Attorney Town of Fountain Hills (hr,, WEF:pf cc: Mayor and Council Town Manager Town Clerk Debra L. Scott, Director of Utilities Division Lyn Farmer, Esq., Chief Counsel Jerry L. Rudibaugh, Chief Hearing Officer Z:\WPDATA\FH\CCWC\Corp Commission.ltr.wpd AMERICAN STATES WATER COMPANY 630 EAST FOOTHILL BOULEVARD • SAN DIMAs,CALIFORNIA 91773 (909) 394-3600 •FAX(909)394-1382 April 14, 2000 Mayor Sharon Morgan Vice Mayor Sid Apps Council Member Sharon Hutcheson Council Member Pen Mower Council Member Al Poma Council Member Marianne Wiggishoff Council Member John Wyman Town of Fountain Hills 16836 East Palisades Blvd. - Building "C" P.O. Box 17958 Fountain Hills, AZ 85269 Dear Mayor Morgan, Vice Mayor Apps, Council Members Hutcheson, Mower, Poma, Wiggishoff and Wyman and Town Manager, Paul Nordin: This is to follow up William Farrell's letter of April 10, in connection with the Town Council's consideration of its support before the Arizona Corporation Commission of our acquisition of Chaparral City Water Company. Apparently, there were some questions posed during the last Council meeting relating to certain Water Quality lawsuits against our Company. A copy of this letter is being sent to Mr. Farrell (today, via fax) so that he may have an opportunity to speak directly with our legal counsel prior to your April 20th meeting. We are pleased to provide more detail on the cases disclosed in our annual report, that are pending against our subsidiary, Southern California Water Company, and a number of other water purveyors in California, that have been the target of what we believe to be unfounded suits. The first of these cases was filed on April 24, 1997, and the cases subsequently filed all followed the same pattern. The basic allegations are that the water delivered by SCWC, and other regulated and municipal utilities, was defective because it contained contaminants. Water in the areas in which the lawsuits have been brought have been contaminated by unrelated third parties and there are no allegations that the Company caused the contamination. The Company has taken a number of actions over the past 20 years as a result of the contamination, including taking wells out of service and using more expensive imported water. Despite the regional contamination issues, the Company believes it has delivered water in compliance with all state and federal water quality standards and, in fact, has gained valuable expertise in addressing these types of issues should they arise in other communities the Company serves. Town of Fountain Hills -2- April 14, 2000 L In March of 1998 the California PUC issued an Order Instituting Investigation (Oil) of utilities it regulates in the State of California, including SCWC and the three other regulated water utilities named in the lawsuits. Within weeks of the OII, the California superior courts hearing these cases, from Pomona to Sacramento, stayed the proceedings against the regulated utilities because of the PUC's investigation. One superior court in Ventura completely dismissed the plaintiffs' claims against the regulated purveyors, including SCWC. The suits against the municipalities and other governmental entities are continuing. The California PUC has completed its review of 25 years of Water Quality history of SCWC and all regulated utilities. SCWC and the other regulated purveyors in the State of California (except for one) were found to be in compliance with all federal and state water quality standards. A copy of the draft opinion is being forwarded to Attorney Farrell, under separate cover. The final CPUC opinion, confirming these findings, should be issued later this month. Mr. Farrell's letter makes two other requests, and we are pleased to answer these. First, we hereby confirm, in writing, that we do not expect to seek a rate increase during the current calendar year, should we acquire CCWC. As stated in our Notice of Reorganization and/or Request for Waiver to the ACC: ritir "American States and MCO anticipate no increase in Chaparral's cost of capital as a result of the acquisition and that no application to increase rates would be necessary at this time. It is expected that American States will operate Chaparral for some significant period of time in order to become better versed with its operations and future capital requirements, before considering any adjustment in rates." Finally, our expected time frame for acquisition is dependent on three administrative approvals. You are aware of our application to the ACC. Additionally, the Federal Communication Commission has to act on transfer of control of CCWC's radio broadcasting license, which is used in connection with its operations. The time frame for actions of both of these agencies is difficult to predict. Finally, applications to the Federal Trade Commission and the United States Justice Department are required in connection with the Hart-Scott-Rodino Antitrust improvements Act. We believe that the acquisition will be completed during the third quarter of 2000, once these administrative proceedings are complete. While in Fountain Valley recently, I met personally with the entire staff of CCWC and found them to be an enthusiastic team and extremely customer-focused. To emphasize our Company's objectives in continuing CCWC's theme of customer service, we intend to provide the following service enhancements: Town of Fountain Hills -3- April 14, 2000 • Fully support maintaining the existing customer service office on N. Panorama Drive in Fountain Hills, including a proposed modest architectural change to the front of the building. • From Region Headquarters in Rancho Cordova, CA, provide direct engineering, accounting, customer service and administrative support. • From Corporate Headquarters in San Dimas, CA, provide the services of the Company's Customer Call Center (open 24 hours per day, 7 days per week), Human Resources, Regulatory Affairs, Water Quality Control, Accounting, Finance, Information Systems and the Employee Development University. American States Water Company is dedicated to building on this very same customer service foundation in the Town of Fountain Hills. We are proud to be able to provide the same reliable, cost effective utility service in Fountain Hills as we have for our other customers in California for over 70 years. I am looking forward to meeting with City Council on April 20th, along with our Vice President of Water Quality and Vice President of Customer Service. Our attorney, Wm. Koska, 619/239-4340, will be contacting Attorney Farrell as to whether he needs further information regarding our California lawsuits. Sincerely, Floyd E. Wicks President, C.E.O. Few:gb c: William Farrell, Esq., Town Attorney William Koska, Esq. Thomas Mumaw, Esq. Denise Kruger Don Saddoris TOWN OF FOUNTAIN HILLS MEMORANDUM L TO: The Honorable Mayor and Town Council THROUGH: Paul Nordin, Town Manager FROM: Geir Sverdrup, Senior Planner DATE: April 28, 2000 SUBJECT: Consideration of a special use permit application for a stealth wireless communications facility to be located at the Fountain Hills High School Football Stadium AKA 16100 E. Palisades Blvd. This request for special use is by the Tynan Group for AT&T Wireless. The applicant is requesting a Special Use to permit a stealth wireless facility. On April 13, 2000 the Planning and Zoning Commission recommended approval of the request. Please see the attached report for further details. L L TOWN OF FOUNTAIN HILLS STAFF REPORT May 4,2000 CASE NO: SU2000-01 LOCATION: East of Golden Eagle Blvd. and north of Palisades Blvd. REQUEST: Consider a Special Use Permit, which would allow a new wireless communication facility to be located at the Fountain Hills High School football stadium on an existing light standard PROJECT MANAGER: Geir H. Sverdrup. Senior Planner DESCRIPTION: APPLICANT: The Tynan Group OWNER: Peter Drake and Ginnie Ann Sumner EXISTING ZONING: "R 1-43" EXISTING CONDITION: Developed with a high school and football stadium SURROUNDING LAND USES AND ZONING: NORTH: Christ's Church and Glenview subdivision, zoned "R1-43, R-3 and RI-6 PUD" SOUTH: Single Family Residential, zoned "R1-10". EAST: Single Family Residential, zoned "R1-8". WEST: Single Family Residential, SRC Golf Course & Golden Eagle Park, zoned "R1-6, OSR&R1-43". SUMMARY: This request is for approval of a Special Use, which would allow a new wireless communication facility to be placed on an existing stadium light standard. The Tynan Group, acting on behalf of AT&T Wireless Services, proposes to install flush mounted antenna and ground mounted facilities. Wireless communication facilities are permitted in residential zoning districts with an approved Special Use Permit. Chapter 2, Section 2.02 regarding Special Use Permits and Chapter 17 of the Town of Fountain Hills Zoning Ordinance, which state the Town's regulations regarding wireless communication facilities pertain to this application. CODE REQUIREMENTS In order to thoroughly and completely review this application staff directs the Commission to the following sections of The Zoning Ordinance of the Town of Fountain Hills. Staff Report SU2000-01 Wireless Communication Facility Fountain Hills High School Page 2 of 3 Lov CHAPTER 2—PROCEDURES Section 2.02 Special Use Permits. And CHAPTER 17 —WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS Entire Chapter EVALUATION: This application meets all of the goals stated in Section 17.01 Purpose, which is as follows 17.01 Purpose The purpose of this ordinance is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this ordinance are to: (1) protect residential areas and land uses from potential adverse impacts of towers and antennas; (2) encourage the location of towers in non-residential areas; (3) minimize the total number of towers throughout the community; (4) strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; (5) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; (6) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; (7) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; (8) consider the public health and safety of communication towers; and (9) avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals,Town of Fountain Hills shall give due consideration to the Town of Fountain Hills General Plan, the Town of Fountain Hills Zoning Ordinance, existing land uses. and environmentally sensitive areas in approving sites for the location of towers and antennas. Specifically, this application meets the goals as follows, (1) protect residential areas and land uses from potential adverse impacts of towers and antennas: (2) encourage the location of towers in non-residential areas: (3) minimize the total number of towers throughout the community; (4) strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; (5) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal: (6) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design...; (7) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; (8) consider the public health and safety of communication towers: and (9) avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. Goals 1 &2 are met by locating at the High School, while residentially zoned is not a residential use. Goals (3 & 4) are met by utilizing the existing light standard. Goals (5 & 6) are met by minimizing the visual impact by using flush mounted panel Staff Report SU2000-01 Wireless Communication Facility Fountain Hills High School Page 3 of 3 antennas and then painting to match the existing color of the light standard. Goal (7) is met by the utilizing existing verticality with excellent line of sight to many parts of Town thus providing greater coverage area. Goals (8 & 9) are met by the fact that the light standard will be able to handle the increased weight and not suffer from to much wind load due to the nature of the installation. The supporting ground mounted wireless equipment will be located on the north side of the stadium next to the existing storage building. The new structure will be hidden to a great extent by the stadium and the Golden Eagle Park Dam. The only residents who will see the extra structure will be those on the mesa housing Glenview subdivision. It is the opinion of staff that due to the location and elevation change that the residents in Glenview will have little to no impact from the facility Chapter 17 requires that the wireless facilities be landscaped. The area planned for the ground mounted equipment is a part of the football facility and is landscaped as such (Grassed). Staff recommends minimal additional plantings to lessen the impact of the facility from the north. A landscape plan enhancing the north wall should be submitted for review and approval by staff. Staff has requested a letter from the Town Attorney regarding what the Council and Commission may consider in rendering a decision on a wireless communication facility as prescribed by the Telecommunication Act. This letter will be forwarded to the Commission as soon as staff receives the letter. PLANNING AND ZONING COMMISSION: The Commission heard this application at the April 13, 2000 Commission meeting. The Commission unanimously agreed that this type of application was precisely what they were looking for in a stealth application. The Applicant is using an existing light standard and is effectively hiding the structure for the ground mounted equipment. The Commission unanimously recommended approval of this application. RECOMMENDATION: The Planning and Zoning Commission recommends approval of SU2000-01, Special Use Permit to permit a new wireless communication facility on the existing light standard located at Fountain Hills High School, with the requirement that a landscape plan for the north wall of the building, be submitted for review and approval by staff prior to construction of the facility. L er-4% I TOWN OF FOUNTAII SILLS COMMUNITY DEVELOPMENT DEPARTMENT SeECIAK SETRERMIT,AP CICATION 6 Date Filed Fee Paid Accepted By 1 i11- �D 11.275 .c` .743 Type of Special Use Requested "itp-E4-- SS 'TF1 Cor•-t 1.it c . r t Ok..1 S r--O'•e--(1--(7Y Address of Subject Property Zoning Legal Description: Plat Block Lot(s) Applicant Pw.iti 5 LA MN _ .1 1I -- Day Phone S M -j b�Z. 530 -1 IclaL7 i 1k C_. . (e72. 1t32-" � 1 Address Ci 333 .0 4M.-151s4- 'I tr- RD 5L.) 260 City �cm 9C � z' O(E3 Owner Day Phone t9v►J z air.--3 H tL..L.s U 'W. ate.-- 0I S?c24L.--I 83/-otet0 Address City ST Zi 1�[ot>� N• net__ c�.�--tt zE AEI E . p s 7 t�J H t►-L-5 A.�., T5 Z( P' Signature of Owner I HERBY AUTHORIZE(Please Print) Date u.E-rr( p tJT+-t02�ZA"t�o�.-1� TO FILE THIS APPLICATION. Illit ubscribed and sworn before me this day of 19 My Commission Expires Notary Public (Seal) Please Provide the Following(attach additional sheets): 1. Mailing labels with names and addresses of all property owners within 300 feet of the external boundaries of the subject property. 2. 3 full size prints (preferably 24"X36") of the site plan showing minimum zoning requirements and the proposed development if the Special Use Permit is granted, as well as the exterior elevations. 3. 1 8.5" X 11" photostatic reduction of each of the above referenced exhibits. 4. Describe the proposed use, the operations of the use, and the facilities proposed for the land use. 5. A narrative describing any adverse impact the proposed land use may have on the surrounding properties and on the neighborhood and what steps will be taken to avoid these adverse impacts. TFH Case Number Fee Schedule Attached I OA79 97DY9 N90I00 .L ; • i b Ii �� F \ \ �' �. .'••:...•2:..`.?• f'• . ''• :.:%;;.:.tea 7. 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' •' ; ' '4,_ I A C/) p 1 11 ..... • ' it .. i 4:r ,j 'I i . I " •.. ci.) i"";..- ...1 ., : ll '. *,,',- * t 'f,' 14.•( / ) 1--1 r ,C) • °: i._' ' ' '1. c:', ' ' , 1--9 * •: r„ : ,i ,t,T, ,. !. , . t, . o ...... i. , itt , ,-.. 4‘ , 1 i ?,„... -,...-..-.-„,:-... . ., -' .,',:1 ' Ce? L 1-4 0 c tl *. W 'f 1 ° i 0 v i 1 ,, c Cl) (� k! r C.Dr fE/ i1 • ° w X ° _ °� Z ,! + ► h. Pi ! i i'+ f' i +w v J 1 • E Sys°i t4 1 i L 2 L 410 . . --c 2 I , , - l' �1 *' ' Z P, ...„ \-- `• Z � ° VCA D O;Cl) M Zo°CID I W' .:;:,:." 4 . \ Mt_.._� I— I [ti + 44 14 f 3 W�y� s s C/) ° • a L TOWN OF FOUNTAIN HILLS MEMORANDUM L TO: The Honorable Mayor and Town Council THROUGH: Paul Nordin,Town Manager FROM: Geir Sverdrup, Senior Planner - 7 _ DATE: April 28, 2000 SUBJECT: Consideration of a special use permit application for a new wireless communications facility and mono-pole to be located at the Van's/Security Storage AKA 16701 Laser Drive. This request for special use is by the Tynan Group for AT&T Wireless. The applicant is requesting a Special Use to permit a new mono-pole and wireless facility. On April 13, 2000 the Planning and Zoning Commission recommended approval of the request. Please see the attached report for further details. TOWN OF FOUNTAIN HILLS STAFF REPORT May 4, 2000 r CASE NO: SU2000-02 LOCATION: West of Technology Drive and south of Laser Drive. REQUEST: Consider a Special Use Permit, which would allow a new 65' tall monopole wireless communication facility located at the Security Storage/Van's Storage Facility PROJECT MANAGER: Geir H. Sverdrup. Senior Planner DESCRIPTION: APPLICANT: The Tynan Group OWNER: Peter Drake and Ginnie Ann Sumner EXISTING ZONING: "IND-1 S.U. Mini-Warehouse and RV Storage" EXISTING CONDITION: Developed with a storage facility SURROUNDING LAND USES AND ZONING: NORTH: R.E. Monks offices and maintenance facility, zoned "IND-1 S.U. Maintenance Facility" SOUTH: Vacant (Permitted for Mini Storage), zoned "IND I.U.P.D. S.U. Mini- Storage". EAST: Vacant, zoned "IND-2 I.U.P.D.". WEST: SRP Facility, zoned"IND-1". SUMMARY: This request is for approval of a Special Use, which would allow a new wireless communication facility to be placed within an existing storage facility utilizing a new 6.5' tall monopole. The Tynan Group, acting on behalf of AT&T Wireless Services, proposes to install the monopole and ground mounted facilities within the walls of the existing Van's/Security Storage facility. Wireless communication facilities are permitted in industrial zoning districts with an approved Special Use Permit. Chapter 2, Section 2.02 regarding Special Use Permits and Chapter 17 of the Town of Fountain Hills Zoning Ordinance, which state the Town's regulations regarding wireless communication facilities pertain to this application. CODE REQUIREMENTS In order to thoroughly and completely review this application staff directs the Commission to the following sections of The Zoning Ordinance of the Town of Fountain Hills. Staff Report SU92000-02 Wireless Communication Facility Van's/Security Storage Page 2 of 4 CHAPTER 2—PROCEDURES Section 2.02 Special Use Permits. And CHAPTER 17 —WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS Entire Chapter EVALUATION: This application meets all of the goals stated in Section 17.01 Purpose, which is as follows 17.01 Purpose The purpose of this ordinance is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this ordinance are to: (1) protect residential areas and land uses from potential adverse impacts of towers and antennas; (2) encourage the location of towers in non-residential areas; (3) minimize the total number of towers throughout the community; (4) strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; (5) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is fkliav minimal; (6) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; (7) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; (8) consider the public health and safety of communication towers; and (9) avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, Town of Fountain Hills shall give due consideration to the Town of Fountain Hills General Plan, the Town of Fountain Hills Zoning Ordinance, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas. Specifically, this application meets the following goals. (1) protect residential areas and land uses from potential adverse impacts of towers and antennas: (2) encourage the location of towers in non-residential areas; (3) minimize the total number of towers throughout the community; (4) strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; (5) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; (6) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; (7) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; (8) consider the public health and safety of communication towers; and (9) avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. Goals (1 & 2) are met by locating in an industrially zoned area. Goals 3 & 4 are meet by proposing a co-locatable monopole which would eliminate one other pole in the area. Staff Report SU92000-02 Wireless Communication Facility Van's/Security Storage Page 3 of 4 Goals (5 & 6) are met by minimizing the visual impact by away from residential areas in an existing industrial use. Goal (7) is met by locating in an area. which has scattered coverage. Goals (8 & 9) are met by the fact that the proposed is designed and engineered for this site and specifically for this application. The supporting ground mounted wireless equipment will be located at the base of the monopole inside the existing wall of the storage facility. Chapter 17 requires that the wireless facilities be landscaped. The existing storage facility is already landscaped. The trenching to connect to utilities in the street will disturb the natural vegetation along Technology Drive. A re-vegetation plan enhancing the new wall should be submitted for review and approval by staff for all disturbance areas outside the existing wall. The Engineering department required only one stipulation from their review of this application. The stipulation is to obtain an encroachment permit for work within the Town's right-of-way. After reviewing the Town's existing verticality map, there are no existing facilities in the vicinity which would serve the applicants needs. The only verticality which would accommodate the applicant are the power poles along the southern border of Town which happen to be located in residential areas. ,,. PLANNING AND ZONING COMMISSION: The Commission heard this request at their March 23, 2000. The Commission heard a recommendation for approval from staff and also heard from the applicant. During the commentary from the area residents the Commission heard several concerns regarding the visual impact of the new monopole. The applicant stated their willingness to explore further the ability to co-locate on the SRP power poles to the south and as to the feasibility of a shorter pole or a narrow pole which would not allow for co-location. On April 13, 2000 the Commission reheard this appliaction. The applicant presented exhibits which showed how the proposed location was about as idealy located for this area as well as new photo simulations from various areas in the FireRock Estates area. The Commission was satisfied that the applicant had indeed given much thought and had adequately analyzed the opportunities in this area. The Commission also felt that an earlier comment to reduce the width and create a single user pole was not viable, the Tynan Group has proposed a site which can house another carrier without the need for another pole. There is no guarantee that a third user may need yet another pole, that simply depends on whether or not the need arises in the future. The Commission recommended approval of this application with the stipulation that the antenna, pole and appurtenances be painted or constructed with non-reflective materials. RECOMMENDATION: The Planning and Zoning Commission recommends approval of SU2000-02, Special Use Permit to permit a new wireless communication facility located at the Van's/Security Storage, with the following recommendations: Staff Report SU92000-02 Wireless Communication Facility Van's/Security Storage Page 4 of 4 1. That a re-vegetation plan for disturbance areas, be submitted for review and approval by staff. 2. That an encroachment permit be obtained prior to any work being done in the town's right- of-way, prior to issuance of a building permit. 3. The Tower. antenna and appurtenances be constructed or painted with non-reflective materials L L c' n It t_ c, r TOWN OF FOUNTAIN HILLS V. =—, COMMUNITY DEVELOPMENT DEPARTMENT '0mIt i CIASPERMI TAPPLIC Date Filed Fee Paid Accepted By 2• (? -DO 3d.00 Type of Special Use Requested \N►tzaLess -C on tt.tuty 1Gc.-1 toa.t 5 0.c..t1„.-1-Ty Address of Subject Property Zoning I(di 0 I E. L..,,h. Z. C%° trc22- MN WA H 0.,5� 1dN1:, Fa•v- e ror2-A.1. Legal Description: Plat Block Lot(s) 412- I Co 3 Applicant 1 M-J IE it.,tvtJ.t Sum Nam_+PM tt=loe-- D _a Day Phone pcR- -THE 'i Y+..)p.m&- .c L F, t NL . 01.,1 0.E(4 4- c— P--H- r 4007- 5313 l�Cc wt tizet-ESS St=--R•V(C.!~S• t t`IG. ( o2 'To5 1Address Cit3333 •C.12. tzt� Stagz c P1-icEt)C P L.112. Zip 56' OIB Owner tjp�� 1.0 , VA+-1 LGA.1-5IBP.-C-1/— Day Phone 4BOE31-3(olLo Address City ST Zi t(o'lo I LAS£�_ F-� FT._ T. t-+n.�-S / BtZ40B Signature of Owner I HERBY AUTHORIZE(Please Print) Date E.Pt-GAc1E P.-m. 44ep -E-rr -c At,r t tct..- ilw 1445.-ti0k11 TO FILE THIS APPLICATION. Subscribed and sworn before me this day of 19 My Commission Expires Notary Public (Seal) Please Provide the Following (attach additional sheets): 1. Mailing labels with names and addresses of all property owners within 300 feet of the external boundaries of the subject property. 2. 3 full size prints (preferably 24"X36") of the site plan showing minimum zoning requirements and the proposed development if the Special Use Permit is granted, as well as the exterior elevations. 3. 1 8.5" X 11" photostatic reduction of each of the above referenced exhibits. 4. Describe the proposed use, the operations of the use, and the facilities proposed for the land use. 5. A narrative describing any adverse impact the proposed land use may have on the surrounding properties and on the neighborhood and what steps will be taken to avoid these adverse impacts. TFH Case Number ikr:ee Schedule Attached COLLOCATION STATEMENT L For Proposed Wireless Site at Van's Storage 16701 E. Laser Road Fountain Hills, AZ AT&T Wireless Site PH 34 I, PE-tG2-. Sl , acting in my capacity as a duly authorized agent and/or employee of AT&T Wireless Services, Inc. do hereby certify, subject to obtaining the appropriate Special Use Permit from the Town of Fountain Hills, that the proposed pole for the location of wireless antennae at the above-referenced site, when installed, shall be physically capable of accommodating collocation of additional antennae for a future user. �C24.9)6. 'e c-ct-E SLY ?o ' I C r-c0D— ature) (Enter the capacity in which this w"i�'T Collocation Statement is signed.) -50.Gtyce—es, INL t� C c-'Acz1 (Date) Subsribed and sworn before me this /5-. day of 2a.b. , 2000. My Commission Expires N t Public (SEAL) NOTARY PUBLIC . • STATE OF ARIZONA `, Maricopa County JULIE R. COCCA My Appointment Expires January 11,2002 LUUU i COMM DEPARIMENTPMEM Sgc aoao-o a� L Narrative Town of Fountain Hills Community Development Department Request for a Special Use Permit For a Wireless Telecommunications Communications Facility Including a Monopole and Equipment Shelter AT&T Wireless Project PH 34 Project Location: Van's Storage (Also referred to as Security Storage) 16701 E. Laser Road Fountain Hills, Arizona Submitted by: Ginnie Ann Sumner& Peter Drake for the Tynan Group—Representing AT&T Wireless PCS 3333 E. Camelback Road#280 Phoenix, Arizona 85018 (602) 522-2655 Property Owner: Van's Storage LLC 16701 E. Laser Fountain Hills, Arizona 85268 T014IN OF FOUNTAIN HILLS (480) 837-3616 FEB 1 7 2000 0OMMUNITy OEvELOPMEN7 OEpARTMENT CAA e• o O . 6,-- Purpose of Request ihrw AT&T Wireless Services is currently providing communication services throughout the Valley and across much of the U.S, and is in the process of expanding its coverage areas. In order to provide sufficient coverage in Fountain Hills, AT&T Wireless requires a site in the vicinity of the crossing of Shea Boulevard and Saguaro Boulevard. The location of a cellular communication antenna is this area will provide residents,businesses and commuters in this area with high quality, reliable wireless communications for personal, business and emergency uses. Description of Proposal Existing Facilities at the Proposed Site. The site for the proposed wireless communications facility is located on the parcel of land occupied by Van's Storage at 16701 East Laser Drive. The Van's Storage parcel is bounded on the north by Laser Drive, on the east by Technology Drive and on the west and south by alleyways. Van's Storage is situated in an IND-1 zoning district, and abuts parcels zoned IND-1 to the north and west and IND-2 to the east and south. The facility is permitted as a Special Use Mini-Warehouse and R.V. Storage (Z86-58, Z88-55). Van's Storage currently offers to the public the rental of fully enclosed storage spaces, as well as the rental of outdoor space for the storage of recreational vehicles and boats. With the exception of entry gates, the entire Van's Storage facility is surrounded by a concrete block screen wall. The land uses surrounding the Van's Storage site are, to the north, a small industrial park, to the west, a vacant lot and an SRP yard, to the south, desert, and to the east, a waste water disposal area. The General Plan designation of the site is BP (Business Park). Proposed Wireless Cellular Communications Facilities In order to obtain adequate coverage and signal strength in the area of this proposed communications cell, AT&T is proposing the installation of a new monopole, antennas and equipment shelter all of which would be located on a 550 square foot leased area behind the existing concrete block screen wall that surrounds the Van's Storage facility. The proposed components of the installation are described in more detail as follows: 1. The installation of an 11 foot, 6 inch wide by 20 feet long pre-manufactured equipment building with an installed height above grade of 10 feet, 8 inches. The shelter would be located approximately 290 feet south of Laser Drive along Technology Drive immediately inside the eastern concrete block, 10-foot high, screen wall of the Van's Storage Facility. No grading of the site will be required fliw to accommodate this installation. 2. The installation of a new 65-foot high 18" diameter monopole with flush-mounted antennas. The new monopole would be located 10 feet to the north of the proposed equipment building. The base of the pole would be approximately 77 feet from the centerline of Technology Drive. The base of the pole is protected from vehicular impact by both the concrete block wall between the base of the pole and the street and by a retention basin located immediately to the east of the proposed pole location. The retention basin is situated between the concrete block screen wall to the east of the pole and the adjacent street (Technology Boulevard). t dtei 4 , . i . ;; :~- T .h �,t� ' '•fit * ' �y n.Ci - '4* tL 1 ;- ifol. , 4 . „..,. .4 t .•=, •:.,,i4::';'.'fs, 3-.' • '-1,-.• -.7 ' ,.- •-.4",,,,A: .-i.'-vr.,. •-_ -‘:--,-.' •'- .7z.- H" ,-, $ - ' .y ..j1�, 6 ,� yamm' - :4:iit 4.7 -� •�G_'+r,..-S1 d-h,' 324 44' VIEW TO SOUTH OF RETENTION BASIN LOCATED BETWEEN EXISTING SCREEN WALL AND TECHNOLOGY BOULEVARD 3. Installation of a coaxial cable running above ground from the equipment building to the monopole, with the cable then to run up the inside of the monopole to the antennas. L 4. Installation, inside of the concrete block screen wall, of approximately 5 feet of 6- foot high chain link fence that will include a 4-foot wide chain link gate. This fence, in conjunction with the existing concrete block(cmu) wall to the east of the equipment building, the equipment building itself and the existing storage building immediately to the west of the monopole and equipment building will provide protection to the wave guide bridge and the two air conditioning units that would be mounted on the northern end of the equipment building. 5. Installation of 200 ampere electrical service wires in a conduit that will be mounted inside of the concrete block screen wall and run north to the Van's Storage on-site electrical service. 6. Installation of an underground telephone connection to U.S. West's facilities located approximately 230 feet east-southeast of the proposed equipment building on the east side of Technology Drive. Relationship to Surrounding Properties The Van's Storage facility is located in an IND-1 Planned Industrial Zoning District. To the east is a vacant parcel with IND-2 Light Industrial Zoning District that is currently being used for wastewater disposal and recharge. The north is a parcel with IND-1 zoning with a one-story industrial building. To the west are two parcels, both with IND-1 zoning, with the northern parcel undeveloped and the southern parcel in us as a Salt River Project service yard. To the south of the site are three vacant parcels zoned for IND-2 uses. The closest residentially zoned property(M-1, Multi-family Residential) is located on the south side of Saguaro Boulevard approximately 650 feet south of the proposed monopole. Because of a frontage road on the south side of Saguaro Boulevard, the closest residence is almost 800 feet from the proposed monopole. (Included as part of this application is a photo simulation of the appearance of the proposed monopole and antennas from a viewpoint within this residentially zoned area.) Location and Accessibility The Van's Storage site is located at the southwest corner of Laser Drive and Technology Drive. Both of these streets are paved with asphalt and edged with concrete curbing. The site is easily accessible from Saguaro Boulevard via Laser Drive and Technology Drive. The wireless communication monopole and equipment shelter would both be accessed from inside of Van's Storage via the main public service gate on Laser Drive. Development Schedule Upon approval of its request for a Special Use permit, it is AT&T Wireless's intent to immediately file for a building permit, complete construction and place the site in service by the close of 2000. Circulation System One vehicle will access the wireless site approximately once per month. The vehicle will use the existing Town street system and the internal driveways and maneuvering areas of Van's Storage. Community Facilities and Services The wireless site will use no water, wastewater or solid waste services. The closest fire station—The Fountain Hills Fire Station#2 -- is approximately two (2) blocks away at 16821 Saguaro Boulevard. The closest fire hydrant is on the southeast corner of Laser Drive and Technology Drive. Public Utilities and Services Electrical Service will be provided by SRP using the existing service to Van's Storage. Telephone land lines to the site will be provided by U.S. West via a new underground service from a pedestal on the east side of Technology Drive approximately 240 feet from the proposed equipment building. L Potential Adverse Impacts There is one potentially adverse impact from the installation of the new monopole. This is the minor visual intrusion of the new monopole. The visual impact of the monopole is reduced in significance be its location well inside of an industrially zoned area. Through the use of flush mount antennas and a cylindrical, 18-inch diameter pole, the visual impact of this pole will be minimized. Screening from view of the first 10 feet of the pole with the existing block screen wall will help reduce the apparent height of the pole. Also, a substantial number of mature desert trees are located between the proposed monopole location and Saguaro Boulevard and the existing residential structures to the south of the site. Because of the mature trees from many viewpoints near the residences to the south of the site the pole will not be visible and from other locations in the residential area only a portion of the pole will be visible. A visual simulation of the appearance of the pole from a location within the residential district to the south of the site has been provided with this application. Regarding the remote possibility of the collapse of the pole, structural calculations for the pole will be submitted for review by the Town. Should the pole collapse onto Technology Boulevard, with the point of collapse being at the very base of the pole, the collapsed pole will not even reach to the centerline of the street, thereby not blocking traffic on this low-volume, non-residential local street. AT&T Wireless Existing Facilities and Plan of Development At present AT&T Wireless has only one wireless communication facility serving Fountain Hills. The antennas for this existing wireless facility are co-located on the tower on the ridgeline on the west side of the Town. AT&T's Plan of Development is constantly changed in response to changes in demand for wireless services. Currently AT&T has a need for three new sites in Fountain Hills. These sites are (1) the subject of this current application, (2) a new antenna proposed to be located on one of the ball field light poles at Fountain Hills High School, and (3) a new antenna proposed to be located on one of the light poles at Four Peaks Park. Existing Wireless Communication Facilities in the Vicinity of the Proposed Van Storage Site. The following existing wireless communication facilities were identified within the vicinity of the proposed monopole at Van's Storage: Bank of America Building 16925 East Shea Boulevard Southwest corner of Shea Boulevard and Saguaro Boulevard Existing wireless: Wall-Mounted Antennas at a height of approximately 20 feet above grade. Limitation: Insufficient height. Taco Bell 17230 East Shea Boulevard (North side of Shea Boulevard west of the Bee Line Highway) Existing wireless: Stealth Flagpole. Limitation: Insufficient height, limited area for equipment shelter. Other Existing Verticality in the Vicinity of the Proposed Van's Storage Site MCO Properties Sales Office 9617 North Saguaro Boulevard Northeast corner of Shea Boulevard and Saguaro Boulevard Existing Verticality: Flagpole at corner of intersection. Limitation: MCO Fountain Hills Fire Station#2 16821 East Saguaro Boulevard Existing Verticality: Approximately 25 foot tall flagpole. Limitations: Insufficient height. Limitations on equipment shelter location. Mirage Homes 16927 East Shea Boulevard Existing Verticality: Approximately 40-foot high flagpole with an American Flag and a shorter flagpole with an Arizona Flag. Limitations: Insufficient height and limitations on equipment shelter location. Statement of Compliance with FCC Exposure Standards AT&T Wireless Inc.'s license from the Federal Communications Commission requires all of their sites to be in compliance with FCC exposure standards. 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