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2000.0907.TCREMP.Packet
� IN�l O �a� �� NOTICE OF REGULAR AND EXECUTIVE SESSION OF THE 0 •~yo ' "�,0'� at is Ate'' FOUNTAIN HILLS TOWN COUNCIL f Mayor Morgan Councilman McNeill Vice Mayor Hutcheson Councilman Wyman Councilman Kavanagh Councilwoman Fraverd Councilwoman Ralphe WHEN: THURSDAY, SEPTEMBER 7, 2000 TIME: 5:30 P.M. (THE COUNCIL WILL BE IN EXECUTIVE SESSION FROM 5:30 P.M. TO 6:30 P.M. THE REGULAR SESSION WILL BEGIN PROMPTLY AT 6:30 P.M.) WHERE: TOWN HALL COUNCIL CHAMBERS 16836 E. Palisades, Building B RULES FOR ADDRESSING THE COUNCIL—ADOPTED 1/18/90 It is the Council's desire to hear public comment on agenda items. As it is important to maintain order 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 • ROLL CALL 1.) Pursuant to A.R.S. §38-431.03.A.4., 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 the contemplated litigation regarding Maraston versus the Town. Loy 2.) RETURN TO REGULAR SESSION. Town Council Meeting Agenda Regular Session September 7,2000 • CALL TO ORDER—Mayor Morgan • PLEDGE TO THE FLAG— • INVOCATION—Pastor Dennis Daniel,First Baptist 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 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. *1.) Consideration of APPROVING THE MEETING MINUTES of August 3 and 14, 2000. *2.) Consideration of the SPECIAL EVENT REQUEST submitted by the Fountain Hills Chamber of Commerce for the Annual Fountain Festival. The annual event, scheduled for November 10 through 12, will run from 10:00 a.m. to 5:00 p.m. and will require the closure of Saguaro Boulevard between Steward Vista and Parkview Avenue and the Avenue of the Fountains between Saguaro Boulevard and La Montana Drive. *3.) Consideration of the SPECIAL EVENT REQUEST submitted by Brian Nelson of the Arizona Bicycle Club for an organized 96 and 62-mile bicycle ride starting and ending at Golden Eagle Park. The event, scheduled for Saturday, October 7, 2000, will begin at 6:00 a.m. and conclude by 5:00 p.m. No street closures are required. *4.) Consideration of the EXTENSION OF PREMISE/PATIO PERMIT submitted by Craig Capirchio for the Alamo located at 11807 North Saguaro Boulevard. The request is to temporarily extend the Alamo's Class 6 license for one day on Saturday, September 9, 2000 to an enclosed area adjacent to the east side of the building. *5.) Consideration of a FIVE-YEAR LEASE with Ontario Inc.; L.B. Lukenda for the 42,000 square foot Town Hall complex located at 16836 East Palisades Boulevard at a rate of$8.50 per square foot. *6.) Consideration of ORDINANCE 00-18, levying upon the assessed valuation of the property within the Cottonwoods Maintenance District subject to taxation, a certain sum upon each one hundred dollars ($100.00) of valuation sufficient to raise the amount estimated to be required in the annual budget, to provide funds for maintenance of certain pedestrian areas, parking and parkways, all for the fiscal year ending the 30th day of June, 2001. *7.) Consideration of RESOLUTION 2000-43, abandoning whatever right, title, or interest the Town has in that certain public utility and drainage easement located along the northwesterly property line of Plat 431, Block 6, Lot 14, (17342 E. Baca Drive) as recorded in Book 151 of Maps, Page 43 records of Maricopa County, Arizona(Richard J. Sauer)EA00-11 with Stipulations. *8.) Consideration of RESOLUTION 2000-44,abandoning whatever right, title, or interest the Town has in that certain public utility and drainage easement located along the easterly and southerly property lines of Plat 204, Block 7, Lot 11, (17145 E. Rand Drive) as recorded in Book 142 of Maps, Page 10 records of Maricopa County,Arizona(Barbara Sudderth&Al &Merrill Wolfe)EA00-26. *9.) Consideration of the FINAL PLAT of Tract C at Puerto Del Lago. *10.) Consideration of RESOLUTION 2000-45 accepting a portion of Tract C (Tract C-1) from the Puerto Del Lago Property Owner's Association. Town of Fountain Hills Page 2 of 4 Last printed 09/01/00 12:07 PM Town Council Meeting Agenda Regular Session September 7,2000 *11.) Consideration of a REPLAT for Fountain Hills Final Plat 208,Block 3, combining Lots 20 & 21 into one lot, Case#S2000-032. *12.) Consideration of the FINAL REPLAT for a lot line adjustment between Lots 17A and 17B, Block 10, in Plat 104, located north of the Ashbrook Drive/Bayfield Drive intersection, Case#S2000-30. 13.) Consideration of RESOLUTION 2000-42 acting in support of the Towns of Queen Creek and Gilbert and the City of Chandler urging the Maricopa County Board of Supervisors to defer the proposed sale of any of the 2,400 acres of land immediately adjacent to the San Tan Mountain Regional Park and request the County Administrative Officer Parks and Recreation Department Director to enter into discussions and meetings with Queen Creek as well as Pinal County and citizen groups for the preservation of the land for future generations. 14.) PRESENTATION/UPDATE by Kathy Senseman, Government Relations Representative, and Sam McConnell, local sales representative from Southwest Gas on alternative fuels and future line extensions in the community. 15.) PRESENTATION AND DISCUSSION of the draft development fee plan prepared by Rick Giardina & Associates with possible direction to staff regarding implementation of the plan. 16.) PUBLIC HEARING on ORDINANCE 00-15, amending the Zoning Ordinance for the Town of Fountain Hills, Section 9.02, to allow for a special event facility as an accessory use to a golf course clubhouse, if certain criteria are met, Case Number Z2000-11. 17.) Consideration ORDINANCE 00-15 amending the Zoning Ordinance for the Town of Fountain Hills, Section 9.02, to allow for a special event facility as an accessory use to a golf course clubhouse, if certain criteria are met, Case Number Z2000-11. 18.) PUBLIC HEARING on a SPECIAL USE PERMIT to allow a guest house to be located at 15334 Golden Eagle Boulevard, aka Plat 505A,Block 1,Lot 8, Case Number SU2000-03. 19.) Consideration of a SPECIAL USE PERMIT to allow a guesthouse to be located at 15334 Golden Eagle Boulevard,aka Plat 505A, Block 1,Lot 8, Case Number SU2000-03. 20.) PUBLIC HEARING on ORDINANCE 00-19 amending Chapters 5 and 10 of The Zoning Ordinance for the Town of Fountain Hills by providing additional regulations and restrictions regarding lot size and lot width for proposed single-family-zoned lots so that re-subdivided single-family-zoned lots would be consistent in size and width of existing platted lots in the immediate vicinity, Case Number Z2000-13. 21.) Consideration of ORDINANCE 00-19 amending Chapters 5 and 10 of The Zoning Ordinance for the Town of Fountain Hills by providing additional regulations and restrictions regarding lot size and lot width for proposed single-family-zoned lots so that re-subdivided single-family-zoned lots would be consistent in size and width of existing platted lots in the immediate vicinity, Case Number Z2000-13. 22.) Consideration of the FINAL REPLAT for Plat 203, Block 9, Lot 9, located at the southwest corner of Inca and Manitou Drives to subdivide the lot into two lots, Case Number S2000-024. 23.) PUBLIC HEARING on ORDINANCE 00-20 amending Sections 12.02 ( C ), 12.05 and 12.06 of The Zoning Ordinance for the Town of Fountain Hills so that gas stations (fuel dispensing stations) and convenience stores are only permitted by Special Use Permit, Case Number Z2000-10. 24.) Consideration of ORDINANCE 00-20 amending Sections 12.02 ( C ), 12.05 and 12.06 of The Zoning Ordinance for the Town of Fountain Hills so that gas stations (fuel dispensing stations) and convenience stores are only permitted by Special Use Permit, Case Number Z2000-10. Town of Fountain Hills Page 3 of 4 Last printed 09/01/00 12:07 PM Town Council Meeting Agenda Regular Session September 7,2000 25.) CALL TO THE PUBLIC. (kw Pursuant to A.R.S. § 38-431.01(G), public comment is permitted (not required) on matters not listed on the agenda but must be within the jurisdiction of the Council. All comment is "subject to reasonable time, space and manner restrictions" and the Council will not discuss or take legal action on matters raised during call to the public unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Council members may respond to criticism, ask staff to review a matter or ask that a matter be put on a future agenda. 26.) ADJOURNMENT. DATED this 1st day of September 2000. etili,j4L Cassie B. Hansen,Director of Administration/Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice)or 1-800-367-8939 (TDD)48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting. Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office. L L Town of Fountain Hills Page 4 of 4 Last printed 09/01/00 12:07 PM MEMORANDUM TO: THE HONORABLE MAYOR AND TOW OUN L FROM: PAUL L. NORDIN, TOWN MANAGER DATE: SEPTEMBER 1, 2000 RE: MANAGER'S REPORT FOR THE SEPTEMBER 7TH COUNCIL MEETING REMINDERS: An Executive Session is scheduled to immediately PRECEDE the Thursday Council meeting. It will begin at 5:30 p.m. in the Building C Conference Room. Food will be available. Pertinent documentation will be distributed to you next week. The Regular Council Session will begin at 6:30 p.m. in Council Chambers. There are four public hearings on Thursday's agenda. CONSENT AGENDA: There are twelve items on the consent agenda. Please review each item and contact me should you determine any should be removed. AGENDA ITEM# 13 - RESOLUTION 2000-42/PRESERVATION OF LAND ADJACENT TO THE SAN TAN MOUNTAIN REGIONAL PARK: Queen Creek's Mayor and Town Councilmembers asked for our support with a resolution to preserve 2,400 acres adjacent to the San Tan Mountain Regional Park. As you are probably aware, the Maricopa County Board of Supervisors has already granted this request. I have since contacted Cynthia Seelhammer, Town Manager of Queen Creek, and she indicated that her Mayor and Council would still appreciate the signed resolution. A copy of this resolution is attached. AGENDA ITEM# 14 - SOUTHWEST GAS PRESENTATION: Kathy Senseman, Government Affairs Specialist, and Sam McConnell, local Southwest Gas representative, will briefly update the Council about alternative fuels and future line extensions. Sam's territory is Fountain Hills, and he will be pleased to answer any of your questions or concerns regarding local issues and construction. No memo is attached regarding this item. Town Manager's Report September 7,2000 Council Meeting Page 1 of 3 AGENDA ITEM# 15 - DRAFT DEVELOPMENT FEE PLAN: Rick Giardina, President of Rick Giardina & Associates, Inc. will make a presentation regarding the development fee plan prepared for Fountain Hills. As per Jeff s attached memo, copies of this plan will be distributed to you at the retreat next Tuesday evening. AGENDA ITEMS # 16 & # 17 - PUBLIC HEARING/ORDINANCE 00-15/ SPECIAL EVENT FACILITY: The first public hearing will discuss developing an ordinance that would permit special event facilities if certain criteria were met. Staff, along with representatives from Eagle Mountain Golf Club, addressed and developed the proposed regulations to allow local golf course operators to host special events within the terms of the ordinance. The Planning and Zoning Commission has unanimously recommended approval. Staff also recommends approval. Jeff s memorandum is attached. AGENDA ITEMS # 18 &# 19- PUBLIC HEARING/SPECIAL USE PERMIT/ GUEST HOUSE: The next public hearing is scheduled to receive input to allow construction of a guest house at 15334 Golden Eagle Blvd. The proposed site plan meets all zoning standards for both the residence and the guest house, and does not appear to have any negative impact on the neighborhood. This special use permit was unanimously approved by the Planning and Zoning Commission. Staff also recommends approval. Please see Jeff s enclosed report. AGENDA ITEMS #20 & #21 - PUBLIC HEARING/ORDINANCE 00-19/SINGLE FAMILY LOT SIZE AND LOT WIDTH REGULATIONS: Another public hearing will address an amendment providing additional regulations for proposed single-family lots so that any re-subdivided single-family lots are consistent with existing lots in the same zoning district. This new ordinance amends Ordinance 00- 08 by including a public notice and public hearing process. Jeffs attached memo explains this item. AGENDA ITEM#22 - FINAL REPLAT FOR INCA DRIVE LOT SUBDIVISION: This item concerns the final plat request to split a residential lot located at the southwest corner of Inca Blvd. and Manitou Drive into two lots. This request does not meet the requirements of the Town's Subdivision Ordinance. Therefore, both Town staff and the Planning and Zoning Commission recommend denial of this final plat. Jeff s report is attached. L Manager's Report September 7,2000 Council Meeting Page 2 of 3 AGENDA ITEMS #23  - PUBLIC HEARING/ORDINANCE 00-20/GAS STATIONS AND CONVENIENCE STORES BY SPECIAL USE PERMIT: The last public hearing considers a text amendment allowing gas stations and convenience stores only by special use permit. The Planning and Zoning Commission initiated and unanimously approved this proposed text amendment. See Dana's enclosed memo. L L Manager's Report September 7,2000 Council Meeting Page 3 of 3 (kip, fi Intern ce Memo To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATIO Date: 09/01/00 Re: AGENDA ITEM #2—ANNUAL FOUNTAIN FESTIVAL SPECIAL EVENT REQUEST AGENDA ITEM #3—AZ BICYCLE CLUB SPECIAL EVENT REQUEST AGENDA ITEM #4—ALAMO EXTENSION OF PREMISE PERMIT AGENDA ITEM #2—ANNUAL FOUNTAIN FESTIVAL SPECIAL EVENT REQUEST The Fountain Hills Chamber of Commerce has submitted a special event request for the Annual Fountain Festival. This year's festival will be held Friday through Sunday, November 10th, 119' and 12th from 10:00 a.m. to 5:00 p.m. The usual street closures will be required: the Avenue of the Fountains (Saguaro to La Montana) and Saguaro Boulevard (El Lago Boulevard to Parkview). The streets will be closed from 5:30 p.m. on Thursday, 11/9/00, to 6:00 a.m. on Monday, 11/13/00. Marshal Gendler continues to work closely With the Chamber,'Rural 'Metro, and local merchants to insure that all aspects of traffic control, security, and public safety are addressed (please see enclosed memo from Steve). The Chamber has obtained permission from the 208 Property Owner's Association to use their property for event parking and a signage plan is on file. A certificate of insurance will be on file prior to the event. Staff recommends approval. AGENDA ITEM #3 AZ BICYCLE CLUB SPECIAL EVENT REQUEST For the past few years, the Arizona Bicycle Club has reserved Golden Eagle Park to stage an organized bicycle ride. Last year; the number of''participants had increased to the point of causing traffic difficulties on Golden Eagle Boulevard and the group was advised to obtain a special event permit so that the traffic safety issues could be addressed. Brian Nelson from the Arizona Bicycle Club met with staff to review the proposed 96 and 62 mile bicycle routes. Staff shared a number of concerns and suggested changes to the routes to deal with those concerns. Mr. Nelson resubmitted a revised special event request that incorporated all of the changes suggested by staff. (Please see attached materials from Steve.) The event is scheduled for Saturday, October 7, 2000 from 6:00 a.m. to 5:00 p.m. The organized bicycle "ride" differs from a race in that there is no competition and participants tend to spread out quickly. The rides will start and end in Fountain Hills with much of the route outside of the town's boundaries. The portions of the rides that will take place in town will be early in the morning and late in the afternoon. The revised routes are comprised primarily of"right"turns that diminish the need for traffic controls and the event coordinators will provide personnel at locations identified by the L. Marshal. A certificate of insurance is on file and the applicant has taken the necessary measures to Page 1 of 2 September 7,2000 Agenda Items Last printed 09/01/00 12:01 PM September 1, 2000 reserve Golden Eagle Park. Based on the event coordinator's compliance with staff recommendations, c , approval is recommended. AGENDA ITEM #4—ALAMO EXTENSION OF PREMISE/PATIO APPLICATION Craig Capirchio has submitted an extension of premise/patio permit application for the Alamo Saloon located at 11807 North Saguaro Boulevard. The request is to temporarily extend the Alamo's Class 6 liquor license to a fenced area adjacent to the east side of the building on Saturday, September 9, 2000. Security personnel will insure that no alcohol leaves the fenced area. Since parking space will be used for the extended area, further limiting the available parking area for patrons, the Community Development Director required the applicant to apply for a temporary use permit. This process allowed for the notification of the surrounding business/property owners and provided them the opportunity to oppose the temporary use. Friday, September 1 was the deadline to oppose the temporary use permit and no written arguments have been received by the Community Development Department. Since no opposition has been received, the Community Development Director will administratively issue a temporary use permit to the applicant. Marshal Gendler has conducted his background investigation and based on statutory compliance, forwards a favorable recommendation. (Please see enclosed materials from Steve.) Staff recommends approval. 2 Town of Fountain Hills Memorandum TO: Cassie Hansen FROM: Steve Gendler, Marshal DATE: August 11, 2000 SUBJECT: 2000 Fall Festival The purpose of this memorandum is to endorse the attached special event request from the Fountain Hills Chamber of Commerce. The request covers the annual Fountain Hills "Fall Festival of the Arts" which is scheduled for November 10-12th. It is my understanding that this will be considered at the Council session on September 7th. I am recommending approval of this request based on the following factors: 1. Sharon Morgan,Event Coordinator for the Chamber of Commerce,has arranged insurance documentation which will protect the town's interests. Although it is not included in the application package,I have been assured that the insurance certification will incorporate all liability reduction provisions suggested by my department based on our experience with previous events of this nature. 2. I have been in contact with the Fire Department to work out an emergency medical services plan and fire prevention provisions for review by the Chamber of Commerce. Both the Assistant Chief and I am satisfied with its components. 3. Traffic and parking provisions are being handled by the Marshals Department in an effort to keep costs as low as possible. We have made provisions for traffic control from Shea through the interior streets to the event, with specific attention to traffic in the immediate area around the Art Fair. In addition, we have made provisions for Marshals Department personnel to assist with parking control to help merchants along Avenue of the Fountains who will be open during the event. 4. Sharon Morgan has made arrangements to contract for signs, signals and markings which will direct visitors to the event. This will be carefully reviewed and approved by my department and Pat Harvey, street superintendent. 5. Provisions have already been made with Pat Harvey for traffic barricades to close Saguaro at El Lago and Parkview. In addition,Avenue of the Fountains will be closed at Verde River Drive and La Montana Thursday,Friday and Saturday nights. The Thursday closure will be after business hours to avoid any conflict with area merchants. 6. In my discussions with Sharon Morgan, the event coordinator, she intends to secure written permission from the 208-property owners association for use of their parking lots.This will reduce,or eliminate previous concerns expressed by the merchants who share the parking areas. In addition to the items outlined above,I plan personal visits to merchants along Avenue of the Fountains and Southtique Mall as well as advising the Plat 208 merchants regarding changes in traffic patterns. Extra effort will be put into securing parking spaces for visitors attending the event using public streets and the vacant lots South of Avenue of the Fountains if available. I also intend to issue a press release to advise citizens of detours and alternate routes caused by the event. I believe the Art Fair is well planned,will reflect credit on our community, and represents an opportunity for civic clubs, social groups,and town merchants to benefit. I recommend approval by the Council at their September 7th meeting. Steve Gendler Marshal L rct q 7-00 Eoctruk ‘;941 rt" cnniqua e Tomah). a-am2, 3o i o' itrt Special Event Request RECEIVED 141tat u1' AUG 0 9 2000 FOUNTAIN HILLS TOWN CLERK Name of Event Coordinator Sharon Morgan Address: PO Box 17598 Fountain Hills AZ 85269 Telephone: (residence) 480-837-8264 (business) 480-837-1654 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- FH Chamber of Commerce Telephone Fi 3 7-1 6 5 4 Address of Headquarters: 1 c 37 Fast Pa 1 i �adpG I Pn Box 1 759R ) Description of Event: Annual Fountain Festival Purpose of Event- Fundraiser Location of Event: Avpnue of the Fountains & Saguaro Boulevard (Attach map or diagram.of area to be used for event) Date of Event: Nov 1 n-1 2 Beginning Time: 1 0 AM Ending Time: 5PM What portion of the roadway, if any, will the event occupy, Saguaro Rv closed from Parkview Lago El Lago. El restricted lanes & Av of Fountains closed from S3gtiarn fo La Montana begin ning (d5. 30 PM on 11 /A/nn until 6 AM 11 /13/00 Estimated number of persons, vehicles (and types, i.e. cars, trucks), animals, etc. participating: 1 3n,nnn 45() artists 22 food concc ssi ons Do you anticipate a need for the Town to provide any of the following: Please Notc 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- Town Marshal / street department Supplies and Services: Avpn,nc of Fnitntai ns & Saguaro Rv swcpt before & after the Event, Thursday AM, 11 /9 & Monday, 11 /13 Vehicles and Other Equipment- Rug 24 00 C.J3: 12p Eagle Prcpertm Management. 602- 355-3522 p I ........... . . .‘ • sc . . / L2: 26p E le Pro tenegement 60Z-955-3522 P.Z •,•./ • ./; • AVG 2 9 PERMIT ZOO fur USE OF FR tv A 1-F.LAND OWNED ACT 298 PROfLE.R.ri (ArgERS.ASSOCT AT ION. Namc oi. Or..,Trirt:ri run/Yittrty: chrimb*'v "-- Contact P-eroc: Sharon Morgan_ -._rat.er,t. _EL j") tLi LA. pntleii R rcphor74 3- 37 1 ft 5_4_ 'eurpysc t a in Fe J i I D3iC: 1 1/_1 n-12. ArC4 th4a-.F-owit-aiist.s4-17a- Montana Parkview and Saguaro Boulevard Concessions, Yes NQ Speciartnionnatim oa Everr The arpaT r pa.rking. f•it:,t a a-re officially part of the Fountain Festival. Succ-rat F*rovislors: Are 'ng each—bvii-diTry for the merchant* spec_ital_pyligjii_ng needit Cwc: at.;ree to abide by;he recorded-ikciaration of Rcscoiviccs"oCIrdc(2 Property Owners' r.itc.i.anct.rcplatioris devcio2ed by die prOvii0113 Lt ard wIi•.c.responsible For thc conduct°Cirri::above listed gaup and any dtrnays as a result or stilt•rt!re. twz.,),actetl,o,ruAdi!iytr tztropc.,7t y tazcn)Cnt, and Tract 208 Properti; Owners' Assuciiit'.cnt,inu.barnticss from any accidcnt or ittjury arstinac arise from our use of tric prerniseS. rrr i ' any JIC, a cern:lc:re,of irrsurarcsi. in ATV alnykint not leis dug:52.0G0,000. arrtjr the Association and its agents as addliional insktreds, ha1I b47.1,brnirced : E4,41 EAstiorrtrio".*Vu-Vr_ic Aopt c. 3.37J 1\414ti-i Srttt;;., Suitd. 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I ) t r El 1 D 1 41sI MI I I 1 W 1 1J 11W1 cn, I I IW1 Z m1:- ya>� r_ - J r-- 1 _- 1,. _1 ,,-,__J I 1 I II a _ -Ve.� 3Nd 1 _ �13AI ! Bad3A Qp4 0 f �nAJU�'7 --,i ice( ( 5i • Q `� 11� Wi • i I 1 IW I- la 1 ii�11 WI 1 ')iI (• I ( I $141 I 11 `t i 11 1 ' I I ! I 1 1 1 1� I.ie i tJ1 1 1 ` r-. r _pu u� t ; I I I • I '�' - . � .� 1 � 3NdC7 X. dNd1NOW V� �( X k . Jr 2. it �'1 W 3 -Q 6s .. . I c j (—IC) • i et 4 ,2 "Z c ° ttL t ul.s L._--- ...--°._ I -, 1/4-) it / N Q. � `s Illor -- ,i • - ACORD CERTIFICATE OF LIABILITY INSURANCE,.PID BJ OUNT-1 DATE(MM/DD/YY) 08/18/00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Low & Johnson, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PMB 618 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 10645 N. Tatum Blvd, Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. C.o oenix AZ 85028-3053 INSURERS AFFORDING COVERAGE ne: 480-948-7838 Fax:480-948-1707 INSURED INSURER A: Nonprofits r Insurance Assoc INSURER B: Fountain Hills Chamber INSURER C: of Commerce P.O. Box 17598 INSURERD: Fountain Hills AZ 85269 I INSURER E: COVERAGES 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. NSRPOLICY EFFECTIVE POLICY EXPIRATION ILTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X COMMERCIAL GENERAL LIABILITY NIA1806589 07/31/00 07/31/01 FIRE DAMAGE(Any one fire) $100000 CLAIMS MADE X OCCUR MED EXP(Any one person) $Excluded PERSONAL&ADV INJURY $1000000 GENERAL AGGREGATE $2000000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2000000 POLICY PRO LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 A ANY AUTO NIA1806589 07/31/00 07/31/01 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) X PROPERTY DAMAGE $ L (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WC SIATU- OTH- WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ E.L.DISEASE-EA EMPLOYEE $ E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Fountain Festival of Arts & Crafts November 10,11,12 2000 Certificate holder is named as additional insured as respects referenced event. This form is subject to policy terms and conditions. CERTIFICATE HOLDER N ADDITIONAL INSURED;INSURER LETTER: CANCELLATION . N, rN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL The Town of Fountain Hills 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE c/o Cassie Hansen LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF P.O. Box 17958 Fountain Hills AZ 85269 ANY KIND UPON T ENSURER,ITS AGENTS OR REPRESENTATIVES. Brenda An, CIC ACORD 25-S(7/97) "' ACORD CORPORATION 1988 Marshals Department L Memo To: Cassie Hansen, Administration Director � From: Steve Gendler, Public Safety Director Date: 08/04/00 Re: Special Event Request—Arizona Bicycle Club The purpose of this memorandum is to endorse the attached request submitted by Brian Nelson on behalf of the Arizona Bicycle Club. He is seeking approval for a special event on Saturday, October 7th involving an organized bicycle ride that would start and end in Golden Eagle Park. As envisioned, the bicycle event would involve over 300 riders and support personnel participating in one of two courses; a 62 mile route which passes through Fountain Hills, or, a 96 mile route which winds through the community before leaving the town. This event differs from other bicycle related events held in Fountain Hills in that it is not a race or competitive rally. Rather, the participants would be involved in a non- competitive bicycle ride stopping for all traffic control devices and following the "rules of the road'. Therefore, it involves no road closures. The organizers originally submitted a plan on May 17th that had several areas of concern to law enforcement, the fire department, the street department and administration. Following a meeting on June 27th, several changes were made to accommodate these concerns resulting in the present request. The applicant has agreed to provide traffic control personnel at the entrance to Golden Eagle Park where the event begins and ends as well as the Palisades and Golden Eagle intersection and on Palisades at Shea where the riders will be making a left hand turns. They will be using the traffic signals for crossing major streets such as Shea at Palisades and Saguaro, Saguaro at Palisades, and Fountain Hills Boulevard at Palisades. In addition, they have modified the course to ensure that participants are going in the same direction as motor vehicles while in the community and have attempted to use widest roads available through residential areas in the western and southern portions of the community. Recommendation: Based on the changes that event organizers made significant at the town's request, the assurance that they will provide their own traffic control at left turn portions of the course, the fact that they will be obeying all traffic control devices, that they are not requesting any municipal resources, and, that there are no road closures scheduled, I recommend approval of the attached special event request. JUL-12-2000 14:24 TOWN OF FOUNTAIN HILLS 4340 P.04i05 .14 11111V.:7% RECEIVED ED _ JUL• Special Event Request 18 2000 FOU11'1til WN CLERK HILLS N pjL Name of Event Coordinator t e'I5 - 6 Aviic�� /i2,, Address: ®S- �/ " - �✓�� n Cc-two ( �� - FL €4.; K 2- S u 3 7- Telephone (residence)_ `141/ / — si )^_ (o o)- f 9 d' 7 If the event Is designed to be held es behalf of my person other than the applicant;the applicant shall arepplywdttenauthorization from the oraanlzatlon sponsoring the event,dated not mom than 90 days before the application,author the applicant to apply for the permit on the sponsor'. behalf: / Name of Organizado I /A�- ( �E Telephone 1/�1/1 1/0 beitke r Address of Hea Q • '7 l/' I pAopf2>, / z- J.S e)//- 7/`/7 / Description of Even q� 4m/fPJ -b e1'1, �`r'c��% Q ink /76-7i41/11711 P#(S Purpose of Event ( 7.f i 2 eJ /21 C t C6- �"t d- Location of Event: 'v w1/4- .1 G o(d-e4 map or diagram of area to be need for events e. r/ Date of Event: IC' 7 v ()Beginning Time ' Time LrP What portion of the roadway, if any,will the event occupy? f'(9/ ' e- bl c ej c S .1 loin rc✓‘lof Estimated number of persons,vehicles (and types,i.e. cars, trucks), animals, etc.participating: SC-wWf / 4"g47s) Do you anticipate a need for the Town to provide any of the following: Please Notes The Town Marshal(or designated official)may establish requirerienta that may Indude (but are not limited to)personnel for emergency,trathe and aowd control,traffic control devices,and other'orrice.'and equipment deemed necessary for the protection of event attendees as uwell as the community as a whole. PersonnoL• Supplies and Service Vehicles and Other Equipment. /1,/c6J L JUL-12-2000 14:25 TOWN OF FOUNTAIN HILLS 4340 P.05/05 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 S ial Event emit / 7 .1-eeic� of or A I / ado of Apron • N of Insurance Co.ipant': h i d S jr s j ` -l( `� a Al olicy / Oo -- 4I.1oo(Policy Dom- i k E/I-23 - - `19 — (DO NOT WRITE BELOW THIS LINE-OFFICE USE ONLY) Certificate of Insurance Piled: YES NO Approval by Town Marsh • Date: /y/CC) Comments: ` g A--rne i 1.J0 `h SirsS Notification of Local Fire Department- Date. Contact Name &Tale- Arrangements Made: Notification of Sheriffs Departatent: Dates Contact Name &Title: • Arrangements Made: Fin y To By; / ► " Title• / ' '�`^'n., Date- —7 6� TOTAL P.05 5/01/00 CERTIFICATE OF INSURANCE LEAGUE OF AMERICAN BICYCLISTS RTIFICATEHOLDER $0,4E Town of Fountain Hills (Golden Eagle Park) Attn: Brian Hughes PO Box 17958 Fountain hills, AZ 85269 PRODUCERS INSURED American Specialty Insurance Services, Inc. League of American Wheelmen dba League of American Bicyclists 142 North Main Street 1612 K Street NW, Suite 401 Roanoke, IN 46783 Washington, DC 20006 Arizona Bicycle Club PO Box 7191 Phoenix, AZ 85011 COMPANIES AFFORDING COVERAGE This Certificate is issued as a matter of information COMPANY A United States Fidelity and Guaranty Company only and confers no rights upon the certificateholder. This certificate does not amend, COMPANY B extend, or alter the coverage afforded by the policy below. COVERAGES —THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOT WITHSTANDING 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, LIMITS SHOWN MAY HAVE BEEN -EDUCED BY PAID CLAIMS. a TYPE OF INSURANCE POLICY NUMBERS COVERAGE EFF. COVERAGE EXP. ALL LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) IN THOUSANDS A Commercial General DREA23-00092-99-8 2/1/00 12:01 a.m. 2/1/01 12:01 a.m. Each Occurrence $1,000 Liability Occurrence Policy General Aggregate None Prod-Comp-Ops Agg $1,000 Pers. & Ad. Injury $1,000 Participant Legal $1,000 Liab. (OCC &Agg) Fire Legal Liability $50 ' ' ADDITIONAL INFORMATION/RESTRICTIONS/SPECIAL ITEMS The Certificateholder shall be an Additional Insured, but only with respect to the operations of the Named Insured, and subject to the provisions and limitations of endorsement CG 2012 07 98 Additional Insured—State or Political Subdivision-Permits, but only with respect to losses resulting from the McDowell Century on October 7, 2000. Notable Exclusions: Employment Related Practices exclusion. No coverage for damage to property of others in the care, custody, or control of an Insured. CANCELLATION — SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS' WRITTEN NOTICE TO THE CERTIFICATEHOLDER, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 11, • Licate No. AMSP-LAB-0005-08c y orm No. AMSP-LAB-C (12/94) David A. Harris Authorized Representative • 5/01/00 CERTIFICATE OF INSURANCE LEAGUE OF AMERICAN BICYCLISTS "RTIFICATEHOLDER Fountain Hills High School 16100 Palisades Fountain hills, AZ 85268 PRODUCERS INSURED American Specialty Insurance Services, Inc. League of American Wheelmen dba League of American Bicyclists 142 North Main Street 1612 K Street NW, Suite 401 Roanoke, IN 46783 Washington, DC 20006 Arizona Bicycle Club PO Box 7191 Phoenix, AZ 85011 COMPANIES AFFORDING COVERAGE This Certificate is issued as a matter of information COMPANY A United States Fidelity and Guaranty Company only and confers no rights upon the certificateholder. This certificate does not amend, COMPANY B extend, or alter the coverage afforded by the policy below. COVERAGES - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOT WITHSTANDING 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, LIMITS SHOWN MAY HAVE BEEN tot REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBERS COVERAGE EFF. COVERAGE EXP. ALL LIMITS lieR DATE(MM/DD/YY) DATE(MM/DD/YY) IN THOUSANDS A Commercial General DREA23-00092-99-8 2/1/00 12:01 a.m. 2/1/01 12:01 a.m. Each Occurrence $1,000 Liability Occurrence Policy General Aggregate None Prod-Comp-Ops Agg $1,000 Pers. &Ad. Injury $1,000 Participant Legal $1,000 Liab. (OCC &Agg) Fire Legal Liability $50 I' ADDITIONAL INFORMATION/RESTRICTIONS/SPECIAL ITEMS The Certificateholder shall be an Additional Insured, but only with respect to the operations of the Named Insured, and subject to the provisions and limitations of endorsement AG 4006 11 97 Additional Insured-Manager or Lessor of Premises, but only with respect to losses resulting from the McDowell Century on October 7, 2000. Notable Exclusions: Employment Related Practices exclusion. No coverage for damage to property of others in the care, custody, or control of an Insured. CANCELLATION - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS' WRITTEN NOTICE TO THE CERTIFICATEHOLDER, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. (itiowicate No. AMSP-LAB-0005-08d o '"6'"°"' orm No. AMSP-LAB-C (12/94) David A. Harris Authorized Representative ABC McDowell Century IV 100K Route Route revised 7/8/2000 bhn WE ENCOURAGE YOU TO STAY ON THE ROUTE. IF YOU STRAY FROM ROUTE AND NEED HELP WE WON'T KNOW WHERE TO LOOK I I I I LIVIileacie Direction Street & Info . 0.0 L=Left Golden Eagle Blvd \ . , , 0.2 L Palisades Blvd i O Ir ) t •_ tiite' t '' 1.7 R Saguaro Blvd se. fl 4.4 R Shea Blvd r t 8.7 R 136t 9.2 L E Via Linda 11.9 R Frank Lloyd Wright Blvd .t. 14.2 R 100th St 15.1 R Thompson Peak Pkwy 15.7 R McDowell Mtn Ranch Rd 17.3 L Bell Rd z 18.7 Rest Stop #1 (Just before bridge at bottom.) 20.2 R Perimeter Dr 20.5 R Princess Dr 21.0 L Pima Rd i 24.3 L Pinnacle Peak Rd + E 26.2 R Scottsdale Rd II 31.0 R Lone Mtn Rd / 33.1 R Pima Rd I 36.8 L Happy Valley Rd t 38.7 L Alma School Pkwy 41.0 R Dynamite/ Rio Verde Rd (6050.6 R Forrest Rd 1 Rest Stop #2 right after turn i 52.6 R McDowell Mtn 61.6 R Palisades Blvd "— 62.2 R Golden Eagle Blvd '• 62.4 R Golden Eagle Park L w A r ' ;A. e,. Town of Fountain Hills ill i id0 1 (...tc.,le efitA--4 ,,,,, )-----, STREET MAP ST). 7, .).- 0 c) c-) ,�...) UPDATED: APRIL 11, 2000 I 4-cts.I.N it?. . 1) ti- cAlw ,__________-r-------rt.e,,,r,,-, ., ,,..:,;,t, 1,, ,?,„ 5,,Q;000z. A. I tn k4 tp OR I W T'" 1 A,,1 CE 4 C • t J OWSTONE •-- I ' I I DRYAD T-''''O`t- 4� q `Qn4' PL ::,'y I % ,;;:.;,•i I 6 1 mcoATER PL 4 R 4^( •,V ` TEPEE C41. a A`,A; 11? " N -"�b O}A,' „4•• _;.3Y p'V `�t I8 NIA Lpr.0 g a BW0AAICA •.' !1, p I.I I 1 Q ems' V� I 0.oP0 I ----------- I ----- - �� � _ ��o1De�uRYER_ *$"-. �g �x�.�� elw , $`• + PueLo i� � e 1 I 1 TANOACq, , A_ < $ DA WHEN CT V. iti- §.- MK y I r+ j`. 4� F¢4 DOW OR �� N f' $4 eR°- u Q� ,• +l Cl l CHAPARRAL r qirk,il ',:i -1 s I I OC ' +4P` LOS + WAY .� ••� sormi 'W 'I(y • C DEL SAY BIAS Yop105 CT 'CENTURY DR '." .5'. a + r c N g •I , ,,,,, I 1 C) 'I'C PANOIO PKO BREA BUIXDRIRN CT � TAN WARM Y 1 u'. YLLA PL xw�;Cr 111. PRICKLY 1 _ `� iA I 1 gb ,,...soil.c. � ••.��•` Arne. �kNEwC C)',f`���$ O , ,wa ,` .✓ �\• �.r`��� _� I 1 _ SPAINGEYID. m �� Q REND=CT 6PRINOYCNT-. _ + 1 . 1.1 SAN I I cy * lief. Iii .• ��waNwc , � •a� 147� , n rANAwA '� ,`AY CT xAYIXY :600041topoi„, '• �r �C may, ' �'+ . _ y �yxYiEMd i .,,R, s ' '�SI ��ALGA MUA �� ©' y AY21NitA' Istii:, � 47 PAMIlK1 ,L"I' • `.. RHOADS CI 1 - VANDAUA OR - - O< �WICYA t$ /^woriegh ROSETTA PIFDRA BLVICA `:P,A s ?Sat . .. i MI Eqb •. K P4wr;p �'I�R)?jilt,,- $ : I CRYSTAL ..s,��3. Eo>v` 1^ DR ATDq DR v� - .� Flo '' DR `�> &� � .. t Romeo 11 Illel%tp, Ir '':i. . 1 %I!" CO .., ,:t: '''',a p p, ,,. ..,.,,,..�,m. ,...... yA. � "-'" s ,c • " 1g ` ,., . I if iottit iiirt ,,., . A. '''t • Nt. '''9' ''(e.S.44• Ilift.,... 6e 1 , o/l� �' i� Iw vKonNo ,b ap os q > Sffiu." �. I 01P �/�{� '� �Ci^ . S.., oew ,I!1/4 ‘,, -`� %/ a PHEASANT 4.14, I� ' 4p4wimpop, ,,iitiry .,:,, ..,,...,,,, -4 N. wglotEit,... mp „. iltb i) . 111111garikat' \ '1 i .c.,,,, ,,ititi,.... 0 ,.,,- 0. • 7 '! ' I " d3 , IX AAy .. r^$�y_ 4 c------,,,,, ‘,... -5, �, -- " WA 1 ., i ''''.- lir'111 .t4 SHEA S' �f \ a - SCA'CO"T 9''Y y `b t i -- 4 �5' �`F� RRR 7e11jal r7t ¢�Q`Crc�`v� $ a I e 1� 1o'2, , --4 I 'TAM qrn .—'p ,, 4 4p h'`� 4stb 1c,� 4.v0 .\I l' V } �' �i rr+"'4:� ,2 t c, - •• EI ( g 28 dl,t_4,p&�i. A4t L� A4Ey, sti tR._• �' �`"� fIR 1 z '-ywY•Y SANDSTONE ,`I '� 6' stPiE AVE u•`k L e:e-'1, Ie. I i' _ - cr-$ Aa.- Tawa �• �C.�A{ft L QUAY POINT �p T Y� , f 1 '`�'` a SRO rip 511vi ,..,:e8,,DR1 :LVD' Li„ DR EAST AtiR 3" N., cAYELYEN DR iSPER --i{L� -$ j * 't?c,A it.1.- LOCKOUT LEDGE V O 0 0.5 1.0 f I NORTH SCALE OF MILES . ABC McDowell Century IV Century Route Route revised 7/8/2000 bhn Mileage Direction Street & Infer---- "'-- 0.0 R= Right Golden Eagle Blvd L2.1 L=Left Sunridge Dr �\ 4.7 R Palisades Blvd 6.2 L Shea Blvd , `` 1 8.7 R Saguaro Blvd 9.8 L Tombstone Way ' 4, e 10.0 L Powderhorn Dr t% 10.5 L Leo Dr 10.6 R Saguaro Blvd / a. ,,. 14.6 R Grande Blvd (@ about 15.3 Grande turns into Mohave) (' 17.0 R Ft McDowell Rd" �. - _.. 18.2 R Highway 87 20.1 R E. Shea Blvd ---.-...- 25.0 R 136th Street 25.5 L E. Via Linda 28.2 R Frank Lloyd Wright Blvd 30.5 R 100th Street 31.4 R Thompson Peak Pkwy 32.0 R McDowell Mountain Ranch Rd (Loops up and up and around and becomes Bell Rd) 35.0 Rest Stop #1 36.5 R Perimeter Dr 36.8 R Princess Dr 37.3 L Pima Rd 40.6 L Pinnacle Peak Rd 42.5 R Scottsdale Rd 9.3 L Carefree Hwy 1.3 R Cave Creek Rd 55.5 L Sundance Trail /Tom Darlington Dr 55.9 L Tranquil Trail 56.1 R Rising Sun Rd 56.6 L Golden Spur Ln 57.5 R Silver Saddle Dr 57.9 L Concho Ln 58.7 L Cow Track Dr 59.5 R Concho Ln 59.6 R Serene St 59.7 L Foursome Way • 59.8 L Carefree Dr 60.4 R Pima Rd **********60.9 Rest Stop #2 (right after Cave Creek Rd) 67.9 L Happy Valley Rd 69.8 L Alma School 72.1 R Dynamite Rd/ Rio Verde Dr 81.6 R Forest Rd ************************* Rest Stop #3 right after turn***************** 82.2 R Tonto Verde Rd 83.1 R Agua Verde Dr 83.3 R Palo Fiero Rd ,> 84.2 R Agua Verde Dr f' 85.0 R Tonto Verde Dr / 85.1 R Fore ,, t 36.5 R McDowell Mountain Rd (Turns into Fountain Hills Blvd) >, N*095.5 R Palisades Blvd 96.1 R Golden Eagle Blvd 96.3 R Golden Eagle Park A\r- 1 z t'r` 4- ,, ,,,, , Town of Fountain Hills li " [„.., k ' 4") CP(t. L,L,P, b STREET MAP 'f UPDATED: APRIL 11, 2000 0.70) to? \-!./ , , r����������� �������s�*MNr' r AaM ,. .,...,, ... �4 SCr"e.R'' oA�AINNto. , ` Ill �q' y`.t�Nl ����'.� ' G } � ki` I 1 CfApp . ° ,�. AfllOwsib1E-- i _ M. giTAD - - •F 1 IwA1FA R I 'C\ • TEPEE ''A'✓4. e 6 I r• '`\w*�a ,FAS�MW Pt aawooD.; `k a '4///��a KO t is V) Tk 1 I $ Qv °I ,R,x F.;ea'ANT...�rw 4Es , F� I I Gf4 NT \ Aor $.. I kfrnnWE!L IAGUNIAIN A,0 9 SIERRA g _ �.� error�SR r ��R��1 --------- � S - y ,k��*4 1 e<ro. :pi. 1� alw 1cA Y� 1 sAN71ACA pi. NN7 \� *S E `^C (W 'WIEN CT `'A♦ y� "CN DD"S. a NIG.1- 1 w ' ,•1 � Fg 4¢s°''' OR \ ' $ .g , EN z ;! 4Q --'4 cr'qN CNAPARu" Q 4w? .: 1 I °c �' 4P� EDs wxT '4 • ,�' �a.�. Iy pq r SAV BLAB YafAlas of CECKIH DR , �`4= I 1 0. '.G1. Pµ PkOiBREA BUC%iNORN C, ��;©itAct..., AF� � sAN YARWS I NW Pl Mw,,� PRILIfL [TR^^L 16111, de, .� .` wwDORN ax 94. 1 [JR� Ilh"cN'w,,./�Y1i.,. A `�„xi,' ft-a'I I1 / -N . S DR $: NEDffr10D c, SPPoNCFlElO— (ilks,`"`III Ax S.A I em :. 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A 6 V 1 AN ,L 4`� 44, v it �1 �J /'�: E • .` TERRA . g c` ,RAa g 28 �9 dr, 2 d R C���YsAND570NE 1 IA4A pp t ti/ / CT I �,� of ayes Z. ' � fC , PVGE 1 EPP'I .. .;0R: i' I- Y NF4 I , A-ra ` • iRD ,, ID 1 LI AR 3 • 1 yF�r ,.... ; 1. WN �N ! DR LAST wu 11 AAA,.. ..ter ENE., 5..�. \' 0 LOCKOUT LEDGE p ` 0 0.5 1.0 �1` (C•�j��v 0. NORTH SCALE OF MILES Marshals Department L Memo To: Cassie Hansen From: Steve Gendler Date: 08/04/00 Re: Liquor License— Extension of Premises—Alamo The purpose of this memorandum is to conditionally endorse the attached request for an extension of premises permit submitted by Craig Capirchio on behalf of the Alamo Saloon. It would be valid for one day, Saturday, September 9th, and is scheduled for Council review at the August 14th or September 7th meeting. Investigative Facts: The Alamo Saloon, located at 11807 Saguaro Boulevard, is owned by New Visions Incorporated. The applicant, Craig Capirchio, is listed as one of the controlling members in that corporation. Therefore, he has legal standing as an applicant. The Alamo Saloon has a valid class 6 liquor license, #06070452, in place at the facility. A review of Marshals Department records shows one previous extension of premises on October 9, 1999. They used the same configuration as proposed in this application with no complaints, violations, or incidents reported. A Class 6 license allows on premise sale of alcoholic beverages. Under the provisions of ARS 4-207.01 as well as liquor regulation R19-1-233, an extension of premises may be allowed if three conditions are met: 1. There is a valid license at the location and the request meets the provisions of that license; 2. There is a plan to control access; and, 3. There is a written application that includes a diagram. A review of the Alamo Saloon application indicates that all of these conditions are being met. • Page 1 In addition, an interview with the applicant indicated that the actual event is planned from approximately 7pm to closing for the purpose of a motorcycle club fundraiser. Findings: Since the sale and transfer of the class 6 license to New Visions, which was approved by the Council on April 1, 1999, the state liquor investigator for Fountain Hills has conducted both overt and covert inspections to ensure that the establishment remains in compliance with license provisions. Based on his report to date, there are no violations that would preclude granting of the permit extension. In addition, the establishment has a current Fountain Hills business license, #2695, valid through April of 2001. A review of this license file shows no complaints or violations. However, according to Jeff Valder, Community Development Director, an extension of premises, such as proposed in this application, would require a temporary use permit to be in compliance with town zoning codes. Recommendation: Based on compliance with the liquor license requirements, as well as the provisions of ARS 4-207.01, I recommend approval of the Alamo Saloon extension of premises request provided they secure a temporary use permit as required by the town zoning code. L • Page 2 1 I::P-i i9 --l 99 1.: LI. TO,.II, OF Fi ii_If ITIH rill L'=, _1 .u- F.;a 1 -., ARIZONA DEPARTMENT OF LIQUOR LIRENESE CONTROL fAisi`' 400 W Congress #150 likw 800 W Washington 5th FloorAUG 0 3 2000 tjl ; Tucson AZ 85701 Phoetux AZ 85007 - (602) 542-5141 �t:n4 FTOVVN N HILLSCLE (520) 628 i595 . ' . 'APPLICATION FOR EXT> NSION OF PREMISES/PATIO PERMIT 0 Permanent change of area of service liKTemporary change for date(s)of:_ ��p tE BE/C 9, ZOGb 1. Oµ ner or Agent's Name:_---.-. _--eAjo„e Cam,D CRA-14 e L 45: First Middle 2. Mailing Address:____MVV_. E•.. .I £.Uu E .m r(c FYA #20/ F//f A- YSZei ,�/ / City A- • State Lp 3 Business Name: Ng A) 1/4si o� Lt.-6 ben: /roC 4A-in 0 LICENSE#: OlQO7D452 c.f.fc..00,J 4. Business Address: //SO? N. c ,442ce 444 ec-✓hi FH/ YAL4 J ,4 _'Js_zca City COO N'IY Sur 'Lp 5. Business Phone: ( WO ) e c3 7-‘T.7G'0 Residence Phone:( VP .) F1/4?7-&V7 2 6. .Are you familiar with Arizona Liquor Laws and Regulations? YES 0 NO A,S, rot, What security precautions will be taken to prevent liquor violations in the extended area? t-.4 . it./C-6.6 OZF_, NO _ A-C t S OTK€e 1 W 77/2014 Gy e hnico ye f.. ez,d-Ncvc4 Ftur cy eA 7'S 8 Does this extension bring your prerns'ses within 300 feet of a church or school? 0 YES BrrIO 9, IMPORTANT: ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING YOUR LICENSED PREMISES AM)WHAT YOU PROPOSE TO ADD, ''"'After completing sections 1.9 bring this application to your local Board of Supervisors, City Council or Designate for their recommendation. c ge in premi ' RECOMMENDED by the local Board of Supervisors,City Council or Designate: (Authorized S' are) (Title) (Agcncy) I. Ceti/4 Cam( aP14W'P------...--- .being first duly sworn upon oath,hereby depose,swear and declare,under (Print full name) penalty of perjury,that I am the APPLICANT making foregoing application and that the application has been read and that the contents thereof and all s menus contained therein are true.cotrect and complete. X _--_ SUBSCRIBED IN MY PRESENCE AM)SWORN TO before me (Signature of 'tier or Agent �,...,, TIAL SEA�, day Of — 6ç ) . RONotary Public-State of Arizonacommission expires on: // 03 ARICOPA CN tNTY tea- My Comm.Expires Nov.30,2003 (Signature of NOTARY PUBLIC) Il gtigation Recommendation: ---___-- —_� Date: / �./_ --- .ti._ Licensing Approval:_ __----.------__.__, Date: / _/ '"Disabled individuals requiring special accommodation,please call the Department. tlCios aA7 I ! o ji � et X4 0- CL OQ c3 cg --� Q — -- — — -- .__T Q = � � � z 5zQ � N.. �, o D i ( I �gA2 �r1rt.Q Cr (,, - I I ` Y Q- • w a c ii 4 ° ° 2 ii --R 2 i 5 (V 1 / • -±. 1/ • �Q 50 ' 5 Q' +---50' �. t� m X 1 �.. w i �z a ix LJ O . �w a- a� 4111 , MEMORANDUM TO: HONORABLE MAYOR MORGAN A TOWN COUNCILMEMBERS FROM: PAUL L. NORDIN, TOWN MANAGE DATE: SEPTEMBER 1, 2000 RE: SEPTEMBER 7TH COUNCIL MEETING CONSENT AGENDA ITEM Town Attorney Bill Farrell will distribute documentation relative to the Five-Year Lease for the Town Hall complex on Tuesday evening at the retreat. fid INZAioce MEMORANDUM TO: Honorable Mayor and Town Council FROM: Julie Ghetti RE: Ordinance No. -18 Cottonwoods aintenance District DATE: September 1, 2000 On February 5, 1998 the Council passed Resolution No. 1998-08 establishing the Cottonwoods Maintenance District. The District was formed to provide for the maintenance, operation, repair and improvement of the area designated within the boundaries of the District with the costs of the work assessed upon all property owners. The annual maintenance cost is $3,200. With the approval of this ordinance each property owner will be assessed their pro rata share of the cost (approximately $62 each) which will appear on their property tax statement from Maricopa County. If you have any questions please feel free to see me. L ORDINANCE NO. 00-18 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,LEVYING UPON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE COTTONWOODS MAINTENANCE DISTRICT, SUBJECT TO TAXATION A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS ($100.00) OF VALUATION SUFFICIENT TO RAISE THE AMOUNT ESTIMATED TO BE REQUIRED IN THE ANNUAL BUDGET, TO PROVIDE FUNDS FOR MAINTENANCE OF CERTAIN PEDESTRIAN AREAS, PARKING AND PARKWAYS, ALL FOR THE FISCAL YEAR ENDING THE 30TH DAY OF JUNE,2001. WHEREAS, by the provisions of State law, an ordinance is required to set the property tax levy for fiscal year 2000-2001; • WHEREAS, the County of Maricopa is assessing and collecting authority for the Town of Fountain Hills, the Clerk is hereby directed to transmit a certified copy of this ordinance to the County Assessor and the Board of Supervisors of the County of Maricopa,Arizona; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,AS FOLLOWS: SECTION 1. There is hereby levied on each one hundred dollars ($100.00) of assessed valuation of all property, both real and personal, within the corporate limits of the Town of Fountain Hills, Cottonwoods Maintenance District, except such property as may be by law exempt from taxation, a secondary property tax rate sufficient to raise the sum of$3,200 for the purpose of providing maintenance for certain pedestrian areas, parking and parkways for the fiscal year ending June 30. 2001. SECTION 2. Failure by the county officials of Maricopa County, Arizona, to properly return the delinquent list, any irregularity in assessments or omissions in the same, or any irregularity in any proceedings shall not invalidate such proceedings or invalidate any title conveyed by any tax deed; failure or neglect of any officer or officers to timely perform any of the duties assigned to him or to them shall not invalidate any proceedings or any deed or sale pursuant thereto, the validity of the assessment or levy of taxes or of the judgement of sale by which the collection of the same may be enforced shall not affect the lien of the Town of Fountain Hills upon such property for the delinquent taxes unpaid thereon, and no overcharge as to part of the taxes or of costs shall invalidate any proceedings for the collection of taxes or the foreclosure; and all acts of officers de facto shall be valid as if performed by officers de jure. SECTION 3. All ordinances and parts of ordinances in conflict herewith are hereby repealed. PASSED AND ADOPTED by the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 7th day of September, 2000. ATTEST: 1 ,,— ,ALA Cassie B. Hansen,Town Clerk Sharon Morgan, Mayor ? ASTOFOJ E. Farrell,Town Attorney Paul -*P:rdin,T.wn Manager (tio, MEMORANDUM Chron 169 TO: Honorable Mayor and Town Council FROM: Art Candel01 ia, Civil Engineer f REVIEWED: To • rd, erim Town En ' evyi THROUGH: Pau 10i 1, Town Manag DATE: Aug 29, 20,10 RE: Easement Aban- •nment 00-11; Resolution 2000-43 Plat 431, Block 6, Lot 14 17342 E. Baca Drive Richard J. Sauer This item on the Town Council's agenda is a proposal to abandon a portion of the ten (10) foot public utility and drainage easements located at the northwesterly property line of Lot 14, Block 6, Plat 431, (17342 E. Baca Drive) as shown on Exhibit "A". The property owners of Lot 14 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. SRP will require access to underground service that runs across the south 50' of the three- combined north/south PUE's which service lots 13 and 14. The southerly 50' of the northwesterly 10' public utility easement in lot 14 will be retained for existing and potential future utility boxes, and the northerly 20' of the northwesterly 10' public utility and drainage easements in lot 14 will be retained. 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 14 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 2000-43 with the following stipulations: • Parcel "C" (property of the Town of Fountain Hills), a ten foot public utility and drainage easements located along the northwesterly property line of lot 14, shall be L. cleared of any obstruction for accessibility to Escalante Wash and state land for any emergency and maintenance needs. cc: Property Owner: 17348 E. Baca Daniel Levato G:\Easement Memo\EA00-I 1,Plat 431,Blk 6,Lot 14(17342 E.Baca Dr.)Sauer Vhen recorded, return to: ngineering Department Town of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 2000-43 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 NORTHWESTERLY LOT LINE OF LOT 14, BLOCK 6, OF PLAT 431, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 151 OF MAPS, PAGE 43, 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 CHEREAS, 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 a portion of the certain ten (10) foot public utility and drainage easements, located along the northwesterly property lot line of Lot 14, as shown in Exhibit A; of Plat 431, Block 6, Lot 14, Fountain Hills, Arizona; as recorded in book 151 of maps, page 43 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 14 are required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting therefrom or existing previous to any action by the Town. Resolution 2000-43 — co Page 1 of 2 ASS/F IL Q� 7 N YY�c.Nu1� SECOND r 0_ COUNT '4 CASSED AND ADOPTED this 7Th day of September 2000. ATTEST: FOR T E TOWN O iF UNTAIN HILLS Cassie )d6-4A--) B. Hansen, Town Clerk aro Moran, Ma or g R WED BY: APPROVED AS TO FORM: ezaltrt.. 5:4d/ anager William E. Farrell, Town Attorney L , ' Resolution 2000-43 Page 2 of 2 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 431 BLOCK 6 LOT 14 PLAT 431 BOOK 151 PAGE 43 RETAIN 20' PUBLIC UTILITY I & DRAINAGE EASEMENT STATE LAND - — P.U.E. & D.E. <(` N N-CD s p0 .T � � ABANDON 82.04 LF / '� I • GF .<1 �'9s'94i OF PUBLIC UTILITY & • !• 'p�`�� 46� y y �� DRAINAGE EASEMENT �./ -„ / 13 Q / •` •i8. / o) `y0 / ,N 4 OB DRAINAGE EASEMENT /ANDON 50 L.F. OF / �/ LOT 14 .0 �� RETAIN 50 L.F. / �� OF 10' PUBLIC UTILITY o a �. / EASEMENT / .. o/ co ^) / °j �<, 4)6 /o J/ �/ Q / 1 • J 7o, 1 /0' Po N 15 613 S.yB, In N 13 i N I \46)10 4D 14 q \ O•p,F SCALE: 1%3409 BLOCK 5 \ DATE: 4--13-00 MEMORANDUM Chron 170 TO: Honorable Mayor and Town Council FROM: Art Candelar , Civil Engineer g;?- -- REVIEWED: Tho s . W , Interim Town '%' -- r w THROUGH: Paul own Manager DATE: August 9, 20 RE: Easement Aba onment 00-26; Resolution 2000-44 17145 E. Rand Dr Plat 204, Block 7, Lot 11 Barbara Sudderth &Al & Merrill Wolfe 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 easterly and southerly property lines of Lot 11, Block 7, Plat 204 (17145 E. Rand Drive) as shown in Exhibit "A". The property owners of Lot 11 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 northerly 20' of the easterly 10' public utility easement will be retained for existing and potential future utility boxes. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 11 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 2000-44. cc: Barbara Sudderth Al &Merrill Wolfe Todd Brady M/M Stephens (1160, M/M Doolittle M/M McNatt G:\Easement Memo\EA00-26,Plat 204,Blk 7,Lot 11(17145 E.Rand Dr.)B.Sudderth&Al&Merrill Wolfe When recorded, return to: gineering Department Town of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 2000-44 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 EASTERLY AND SOUTHERLY LOT LINES OF LOT 11, BLOCK 7, OF PLAT 204, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 142 OF MAPS, PAGE 10, 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 easterly and southerly property lot lines of Lot 11, as shown in Exhibit A; of Plat 204, Block 7, Lot 11, Fountain Hills, Arizona; as recorded in book 142 of maps, page 10 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 11 are required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting therefrom or existing previous to any action by the Town. °ASSED AND ADOPTED this 7m day of September 2000. Resolution 2000-44GO Page 1 of 2 ASS/FAIL ON \ ay.+Ch�Jo�t SECOND }�a�0.ha k COUNT p9=e101-4, TTEST: FOR THE OWN OF FO TAIN HILLS rilt/1/ Cassie B. Hansen, Town Clerk Sharon Morgan, a or REV BY: APPROVED AS TO FORM: Paul L. N in, Town Manager William E. Farrell, Town ttorney L Resolution 2000-44 Page 2 of 2 __, — : f...) ,,:' ,'--' '•• -7• c, c --... g.7.,•„,, -/ _ . , ,., ....„.„ BYO\ .;, 9?oy 'Y) G mo• t_ 4 _ vl _ . j ® 0 O0 \4„.• • r� '�d a tf0 cc- -re,f o, ti� .�`' ��9 o V ,�,• �<j, �9° 4, : , Jib �Q so 5 % / •:y • �5 �, N�¢. , \z ^0 / \� \ ` O Y. 4 /` C g r � � �11� !�E w f 'o (NW 11 is) , -z_ ,,..„ N / ./„. • , ,.... ...s. -.5' , e ,....„, ‘.., .0.• ,..:... / ci7O mm w Q *'.----.0'P.49..-/-Z.t7.40-e,, . - 1 �._ mac) t' ,�. 49-.. _ �. 1 �l• ^ E / ,; I • , ' 1" L................... . .1, . ! : .,,,, • , • c -•L•,� Z� �p �'P/(� �_ v ft6'05'0a'f 27° W _,Cx 9/S/7- TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Honorable Mayor and Council FROM: Jim Leubner, Senior Civil Engineer/ Yealt-/t(A REVIEWED: Tom Ward, Interim Town En_'' =- THROUGH: Paul Nordin, Town Manager DATE: September 7, 2000 RE: Final Replat of Tract C at Puerto Del Lago At the October 7, 1999 Town Council meeting, the Town Council approved the future acquisition of a portion of the Panorama Wash (Tract C). The approval to transfer this land was based on the following conditions: 1. The property should be deeded to the Town by the POA. 2. If only a portion of Tract C will be deeded to the Town, a lot-split replat is needed. Normally the property owner will provide this document, but staff is capable of preparing this. 3. There should be no restrictions on the Town's use of the property, other than recorded easements and other items of record. The Town is concerned about how this area of Panorama Wash is maintained and would like to continue to take a proactive stance to minimize any potential "public nuisance"problem. The property owners association and developer have assisted in paying for some of the prior wash cleanup costs and the Town Public Works Department will manage the future cleanup and revegetation. All of the conditions of approval have been completed. Staff recommends approval of the final replat of Tract C at Puerto Del Lago. bb L Final Replat-Puerto Del Lago.doc N, J N J 1 Ow W T. r ■ C� x F o 3 1�� a Z � ((] Aw C2N� W'-1 m ¢N44 8 F 0.°<P wF2 K j~o wwj Z j 'it, ; i { 0e�� >U< �m 6NG K O 4 w t O LL w ` g i V8Umg,Fli, x- €UC w CI Q i'' w� 4 Z < N i L G c�in��u V� �� � � O _ € l W F� tlt ��Amn `� z € oo of i -� uw z ~ pO -` . :e4,96 . 6< w W W .' i c2,11 om et 0 i 8 w i i o ;� i Eehi'lgO= F 8 z Do imza"Noaw 4; 2 M 62 o `;:g"- W �4rg m� zo, € W x "xdc < W_ W .: rc 8 u m Ed El. K6 VI € i6i� i< ii €g Ng Ili € Q -off ogWxm 5.g.6,„, w w 0z flrArn- mNrc OWg z u °1Q 2. �� ln z N„: ig No g n < 6 min' N Y a i i 4N=apa g a i gi 1 , inhggh €x ?ova aiE! 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' //: /`�,•'� ```Y' ka .*.k[q-.—gym, -«^d""e}p0"'Al N ro� a F. *d<,,64' !: ' 5' 'o•.r"g S;.4 ," i .Y AS 1 b _.r ._g:. .g•n is'=sa- - «r• •"•* • `�' fii'-Aft a r. I \.ax�� 1V �'",y,: li �["•:`�rx.a 9" m �.< tell* is ., 8 `'4q a nor r?Y r"ra ,"S_.p� . .4, .9e �ea� . '(- ,.�s'r • $ .� p� '� am; is �'•'' 1 i/o .- 5 vcs=''r„ e aa.. , a Y,„ g 2;IR e �', mA k 'ate .ff,‘'0' Y 4 9tko.$ " � e ^ " 1 • iv a�ntoS-a" w + '/ ts ,, � arf.ax.bQ.6 '8 _t a / ` / ' / ® 4 et 14ww • Rr J4 "'*, ro� ,m, $_ r. A ' j4,t"• �D dW Al----':.--- "S - ' ill , u \Ow j � ah -—�W�.'o r,. 4• �• T/ A / n c. : • ,L iv.n. ay'�i / j f \ YIIY 110010' OLLVd 3053N11 Ih,Zµ §;£ L TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Honorable Mayor and Council FROM: Jim Leubn Senior Civil Engineer en- REVIEWED: T m ard, In rim Town Engi �Dv" THROUGH: Paul own Manager DATE: Sept ber 7, 000 RE: Puerto Del Lago Property Owners Association, Inc. Dedication of a portion of Tract C (Tract C-1) At the October 7, 1999 Town Council meeting, the Town Council approved the future acquisition of a portion of the Panorama Wash (Tract C). The approval to transfer this land was based on the following conditions: 1. The property should be deeded to the Town by the POA. 2. If only a portion of Tract C will be deeded to the Town, a lot-split replat is needed. Normally the property owner will provide this document, but staff is capable of preparing this. 3. There should be no restrictions on the Town's use of the property, other than recorded easements and other items of record. The Town is concerned about how this area of Panorama Wash is maintained and would like to continue to take a proactive stance to minimize any potential "public nuisance"problem. The property owners association and developer have assisted in paying for some of the prior wash cleanup costs and the Town Public Works Department will manage the future cleanup and revegetation. All of the conditions of approval have been completed. Staff recommends approval of the dedication of a portion of Tract C (Tract C-1)Puerto Del Lago final replat. bb err Panorama Wash Dedication.doc When Recorded Return To: Town of Fountain Hills Engineering Department PO Box 17958 Fountain Hills, AZ 85269-7958 SPECIAL WARRANTY DEED Portion of Tract C (Tract C-1) Dedication For the consideration of Ten Dollars ($10.00) and other valuable considerations, Puerto Del Lago Property Owners Association, Inc. ("Grantor"), hereby conveys to the Town of Fountain Hills, ("Grantee"), the following real property situated in Maricopa County, Arizona(the "Property"): See Exhibit "A" attached hereto and incorporated herein by this reference. EXCEPT all oil, gases and other hydrocarbon substances, coal, stone, metals, minerals, fossils, and fertilizers of every name and description, together with all uranium, thorium, or any other material which is or may be determined to be peculiarly essential to the production of fissionable materials, whether or not of commercial value; and EXCEPT all underground water in, under or flowing through the Property and water rights appurtenant thereto; and SUBJECT to all taxes and other assessments, reservations in patents or all easement, covenants, conditions, restrictions, reservations, rights and rights of way, obligations and liabilities as may appear of record, and to all Federal, State, County, District and local laws, ordinances, regulations, zoning codes and the like as the same now exist and as may be hereafter established or amended. Grantor hereby waives, releases and relinquishes all surface rights to the Property, including without limitation the rights of ingress and egress on, to, over and across the Property for the purpose of testing, drilling, mining, removing, producing, storing, treating or transporting any of the above excepted substances, by pipeline or otherwise, or the performance of any mining operations, removal of earth, or for any other purposes. Provided, however, nothing herein contained shall be construed as waiving, releasing or relinquishing any right, title or interest of Grantor in and to the above excepted substances in and under and that may be produced from the property. Grantor hereby binds itself and its successors to warrant and defend the title as against all acts of Grantor herein and none other, subject to the matters above set forth. Special Warranty Deed Page 1 of 2 Dated this I day of 5Q f t ? v , 2000. Puerto Del Lago Property Owners Association,Inc. BY: . 0,L-&j p Its: President STATE OF ARIZONA ) ) § County of Maricopa ) SUBSCRIBED AND SWORN TO BE before me this l day of/4014444,24) 2000,by gi K. (D v"zr-4-4-o(-i--- �otary Public My Commission Expires: -y� OFFICIAL SEAL Z� /`; op/ BETTY BRANNON l w+ • A•4 Nota PabloMARICOPAry C-St t UN of TY -%,"s My comm,expires May 15,2001 Special Warranty Deed Page 2 of 2 L Exhibit A Tract C-i PROPERTY ACQUISITION PARCEL- AREA 14 A parcel of land being a portion of Fountain Hills Arizona, Final Plat Puerto Del Lago, Tract C, as recorded on April 20, 1995 in Book 395, Page 19 of the Records of Maricopa County, Arizona and situated in the Southeast quarter of Section 14 and a portion of the Northeast quarter of Section 23, Township 3 North Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; said parcel being more particulary described as follows: Commencing at the south quarter corner of said Section 14; Thence departing said south quarter corner of said Section 14, north 17 degrees 25 minutes 51 seconds east, a distance of 793.48 feet, to THE TRUE POINT OF BEGINNING; Thence northerly along the arc of said curve through a central angle of 11 degrees 32 minutes 43 seconds, an arc length of 129.36 feet; Thence north 17 degrees 05 minutes 00 seconds west, a distance of 155.07 feet to the beginning of a tangent curve being concave northeasterly and having a radius of 358.00 feet. Thence northerly along the arc of said curve through a central angle of 39 degrees 50 minutes 00 seconds, an arc length of 248.89 feet; Thence north 22 degrees 45 minutes 00 seconds east, a distance of 153.26 feet to the beginning of a tangent curve being concave northeasterly and having a radius of 20.00 feet. Thence easterly along the arc of said curve through a central angle of 90 degrees 00 minutes 00 seconds, an arc length of 31.42 feet; Thence south 67 degrees 15 minutes 00 seconds east, a distance of 85.61 feet; Thence south 22 degrees 45 minutes 00 seconds west, a distance of 136.72 feet; Thence south 16 degrees 07 minutes 24 seconds west, a distance of 81.20 feet; Thence south 05 degrees 12 minutes 53 seconds west, a distance of 81.19 feet; Thence south 05 degrees 44 minutes 53 seconds east, a distance of 81.19 feet; Thence south 16 degrees 27 minutes 11 seconds east, a distance of 77.39 feet; Thence south 27 degrees 09 minutes 00 seconds east, a distance of 81.07 feet; Thence south 38 degrees 05 minutes 45 seconds east, a distance of 81.07 feet; Thence south 49 degrees 02 minutes 31 seconds east, a distance of 81.07 feet; Thence south 58 degrees 58 minutes 53 seconds east, a distance of 90.69 feet; Thence south 73 degrees 03 minutes 06 seconds east, a distance of 334.00 feet; D:\Kathy\Legals\Tract-C-1-Legal.doc Page 1 of 2 Thence south 83 degrees 29 minutes 13 seconds east, a distance of 65.08 feet; Thence south 89 degrees 55 minutes 27 seconds east, a distance of 63.80 feet; Thence north 16 degrees 56 minutes 54 seconds east, a distance of 115.28 feet; Thence north 22 degrees 28 minutes 36 seconds west, a distance of 20 feet to the beginning of a non-tangent curve being concave northeasterly and having a radius of 225.00 feet. Thence northerly along the arc of said curve through a central angle of 09 degrees 57 minutes 52 seconds, an arc length of 39.13 feet to a point of reverse curve being concave northeasterly and having a radius of 20.00 feet; Thence southerly along the arc of said curve through a central angle of 101 degrees 57 minutes 18 seconds, an arc length of 35.59 feet; Thence south 20 degrees 29 minutes 12 seconds east, a distance of 3.66 feet to the beginning of a tangent curve being concave southeasterly and having a radius of 175.00 feet; Thence southerly along the arc of said curve through a central angle of 40 degrees 00 minutes 32 seconds, an arc length of 122.20 feet; Thence south 19 degrees 31 minutes 17 seconds west, a distance of 51.79 feet to the beginning of a tangent curve being concave southwesterly and having a radius of 20.00 feet. Thence northerly along the arc of said curve through a central angle of 67 degrees 22 minutes 48 seconds, an arc length of 23.52 feet to a point of tangent curve being concave southwesterly and having a radius of 45.00 feet; Thence southerly along the arc of said curve through a central angle of 157 degrees 33 minutes 48 seconds, an arc length of 123.75 feet; Thence south 19 degrees 20 minutes 22 seconds west, a distance of 25.05 feet; Thence south 48 degrees 45 minutes 56 seconds east, a distance of 118.88 feet; Thence south 60 degrees 49 minutes 49 seconds east, a distance 108.94 feet; Thence south 28 degrees 12 minutes 33 seconds west, a distance 88.31 feet; Thence north 60 degrees 50 minutes 00 seconds west, a distance 625.10 feet; Thence north 60 degrees 06 minutes 43 seconds west, a distance 415.48 feet to the TRUE POINT OF BEGINNING. This parcel contains an area of 5.08 acres more or less. Lw D:U{athy\L egals\Tract-C-1-Legal.doc Page 2 of 2 When Recorded Return To: Town of Fountain Hills Engineering Department PO Box 17958 Fountain Hills, AZ 85269-7958 RESOLUTION 2000-45 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ACCEPTING FROM THE PUERTO DEL LAGO PROPERTY OWNERS ASSOCIATION, INC. ALL RIGHT, TITLE, AND INTEREST THEY POSSESS TO CERTAIN REAL PROPERTY LOCATED IN FOUNTAIN HILLS, 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 acquire property within the corporate limits of the Town of Fountain Hills; 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, It is the express intention of the Puerto Del Lago Property Owners Association, Inc. to convey said interest to the Town of Fountain Hills; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills,Arizona as follows: SECTION 1. That the Mayor and the Common Council of the Town of Fountain Hills, Arizona accepts by deed any and all interest possessed by the Puerto Del Lago Property Owners Association, Inc. in the real property as more fully described and depicted in "Exhibit A" attached hereto. SECTION 2. That upon presentation of proper documentation reviewed by the Town Attorney and certified by the Town Engineer, the Mayor and Town Clerk are hereby authorized and directed to accept the deed for the real property and are instructed to record the Special Warranty Deed of September 1, 2000 and a copy of this Resolution in the Office of the Maricopa County Recorder for notice to the world as acceptance by the Town of Fountain Hills of this property. Resolution 2000-45 tikiw Page 1 of 2 Ccrrr6--- S/FAIL 9-7-Co N �C�ti SECOND -7�—F�ayclt-� COUNT V-0 PASSED AND ADOPTED this 7th day of September, 2000. A! TEST: FOR T TOWN OF FO TAIN HILLS C#A4,:, ,r51.14LA,v Cassie B. Hansen,Town Clerk Sharon Morgan, Mayor RE D BY: APPROVED AS TO FORM: ,VAAAti% '64ottil u rdi ,Town Manager William E. Farrell,Town Attorney L Resolution 2000-45 Page 2 of 2 L TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Town Council VIA: Paul Nordin,Town Manager FROM: Dana Burkhardt,Planner DATE: August 21, 2000 SUBJECT: Replat of Lots 20 &21,Block 3, Plat 208 Vertical Development has requested a replat of the Plat 208. The replat joins two lots (20 & 21) into one lot within Plat 208,Block 3. Please see the attached staff report for details. L TOWN OF FOUNTAIN HILLS STAFF REPORT September 7, 2000 CASE NO: S2000-032 LOCATION: Final Re-Plat Fountain Hills Final Plat 208, Block 3, Lots 20& 21. REQUEST: Consider approval of a replat for Fountain Hills Final Plat 208, Block 3, combining Lots 20& 21 into one lot. DESCRIPTION: OWNER: MCO Properties APPLICANT: Nicole Roberts for Vertical Development EXISTING ZONING: "C-2" EXISTING CONDITION: Vacant SURROUNDING LAND USES AND ZONING: NORTH: Commercial buildings and vacant: zoned "C-2" SOUTH: Commercial buildings and vacant: zoned "C-2" EAST: Common Parking Area: zoned "C-2" WEST: Bashas Center: zoned "C-2" SUMMARY: This request is for final plat approval of a Replat for "Fountain Hills Final Plat 208, Block 3, Lots 20& 21"which removes a common lot line. The applicant proposes to create one (1) lot from the two lots. Due to the simplicity of this request a fast track process was allowed. The applicant, Nicole Roberts for Vertical Development, has applied to reconfigure these lots by removing the common lot line. The applicant wishes to construct a larger building than the single lot will allow. The new configuration will allow such a structure. The new lot meets all the requirements of the"C-2"Zoning District for size and dimensions. RECOMMENDATION: The proposed lots are in compliance with the regulations of The Subdivision Ordinance of the Town of Fountain Hills and The Town of Fountain Hills Zoning Ordinance. Staff recommends approval of replat S2000-032 " Fountain Hills Final Plat 208, Block 3, Lots 20 & 21". L (11101 *Id I TOWN OF FOUNTAIN HILLS @ 144:000 COMMUNITY DEVELOPMENT DEPARTMENT Cklikw Date Filed ri >I _ �� Fee Paid � Accepted y •Plat Name/Number Lis c 221, 13 10�. , 17t 0.�- ao6, 4 n -41 t1S Parcel Size Number of Lots Number of Tracts Zoning C 2 • General Plan Land Use Designation inn me--c-C-1 c3.--` Density equested (Dwelling Units Per Acre) 1\1 !A- Applicant Day Phone U e.1r--\-;col Xcbrti-Y,c✓\`\-s ►-1_.C, 4E O .8 3--t- 03 Address City ST Zip 461, 12031— ; 411).e. )(4.---rie-- -4-------r_ Th \-\ '‘0 A-z_ .8 2.646 O+ /'x..., ti: c -c_ ��� Day Phone 4 cc) v C Address City ST Zip Attachments(Please list) 1 ra c.,J\e1 * 2 --t\tj O 2-\ j_10,L1 , 2-es n I ss L e d by A-r.A-ex o n IL-Vc-1sor> 7\‘n e - Signature of Owner I HERBY AUTHORIZE (Please Print) Date i ccle_ Z12exAs 4,cAor-k-i co. 1�57 is `X*i TO FILE THIS APPLICATION. Subscribed and sworn before m- his �`�t�' day of /eiGY -44 .`/ •"i _,A, .;MEi' tE°k. A% . . :xpires // '�D oZ Notary •ublic fc- •. poyp,.MreofA,�,x �r�.' MAR ICO PA COUNTY i a=a My ooamu.w ins Nov,4,2002 • (Seal) TFH Case Number Fee Schedule Attached now aaaran RON ar AP y.wr. ' i r uu•+.c(soa a AP a.M.1. ~wog wNndwa2-►..(e�0.vgr wAngmoO o -ets (zoo) �°*01ow•___ 'WPM-mu�•O eikB•MOW•M_3 1V/id3l1 1V NIA i, »... w rlu/ `uos/ON — uosJepub/ 0.-41-/.0 .,406 VOZ 101 `E m018 `80Z ldld S1111.1 NId1N110d u 4M " .liffilleliff ::. "-ii, AO $ % R @ k Ar Ii'Afti) mo= Id. 1XWI: i! 1 -- hri 1 ? tl 1 'Hi ".z-4 ililr.-,,t Ilgtollgh ix 1 „ sigl - 1g v yo NV le . I#)§ I t: ii x i g ill : i 2 'F i a €I 4 o = I C n= a„a toay.n.. j i aNe o~ 1 I Mo~� I ® ` o41 1� QI N~t be �I t-.'O 4 a € m EI 0 W Egg A cc k m //yye�w 01i1/ O`. a 1 ,i m i.n..-w.1pw._. 1 • N O M. S W t i' "iclzW t a 1 gaig !I .,off I ■I 3 u~ 1 .OYt N J'a<C7 1 'I At — .•A1t.w 3 LL 1 A ....iost I x it, i, a O W JL' Z 6ao f111 -gm I aaa� :II y 4 <Xl• x c Oa iI z O _ __ 11111111111111 ill i ag 11 on _Antisiblii lb ..,e nmenris . ,_,, r @ ig 1 PlailliiillII 1 pig iii ill; i - RI L., is����E� id , f � 11 t vie$ ill a ;p i 111111111111111111iw i ill ilk Pie g 1!! 1 . TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Town Council VIA: Paul Nordin,Town Manager FROM: Community Development! DATE: August 23, 2000 SUBJECT: Replat of 104,Block 10,Lots 17a& 17b Deerefield Homes Limited has requested this lot line adjustment. The applicants request has the effect of transferring 430 squre feet from lot 17a to 17b. Please see the attached staff report for details. L L TOWN OF FOUNTAIN HILLS STAFF REPORT APRIL 3, 1997 CASE NO: S2000-030 LOCATION: East side of Ashbrook Drive and north of Bayfield Drive aka Lots 17a & 17b, Block 10, Final Plat 104. REQUEST: Consider a Final Replat of "Lots 17a & 17b, Block 10, Fountain Hills Arizona Final Plat No. 104", to adjust the common lot line. DESCRIPTION: OWNER: Deerefield Homes Limited APPLICANT: Deerefield Homes Limited EXISTING ZONING: "R-2" EXISTING CONDITION: Vacant EXISTING LOT SIZES: Lot 17A - 8,018.04 square feet, Lot 17B - 6,326.08 square feet PROPOSED LOT SIZES: Lot 17A - 7,587.55 square feet, Lot 17B - 6,756.55 square feet SURROUNDING LAND USES AND ZONING: NORTH: Duplex: zoned "R-2" SOUTH: Duplex: zoned "R-2" EAST: Duplex&vacant: zoned "R-2" WEST: Duplex: zoned "R-2" SUMMARY: This request is for approval of a Replat for"Lots 17a & 17b, Block 10, Final Plat 104"which is a lot split 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 applicants, Deerefield Homes Limited, are requesting to adjust the common lot line. The common lot line on the east side moves 2.69 feet to the north and the lot line on the west moves 12.34 feet to the south. The effect is that lot 17a decreases in size by 430.49 square feet and lot 17b increases by the same. The new lots meet all the requirements of the "R-2"Zoning District for size and dimensions. RECOMMENDATION: Staff recommends approval of S2000-030; "Final Replat of Lots 17a & 17b, Block 10, Fountain Hills Arizona Final Plat No. 104". "° - ""° '" 410 sties-cro(zo9) 1Y1d321 NW MIOr 3AIaO )100218HSV 'N 9OZti l B9ZS9 %NDZNW SINH NWLNIW! CMLON SY ...• 10.. IOZ 31NIS'wow Al31/)NW4 3 9u91 . L l 101 '01 )10018 1,01 1Vid - .311`.1.1611130VNYVI V DNIH33N19N3 A831M0MON a-9— HNYiri.-- N 7 t �i g ii` ; i x ! 8 0 /__ <4 1N � flyixq gli4 k ,) i 1 11 li li 41 Z I. 1 ,„ .: ii ixpEibig iEll 1gxlight. A y �i 1 ,f ,i } On z =ciIh a *O ` W Eli NIE 44 1 y_ I it I ! • gg -RE p ,Z of - s = i h . . gle 1 s • 6 H o N w Waal;p x G 6 epp . e a =z o (24 Fes,d a a-v, g 6 6 s Dili IP � � F from - Q i i \ Ng vo Q 'S . dlp w i*15\Qg 6 i W� / eo / f N\� (lbw 1 tap / 3'47 h�N M a N e '\ /�g \\ / .o) o4 a / ,/ / 1 i K \ N. ten / Its:If N1 \ .\ E— ao / / \ r•k \ 9\ O N / /1 ..2''\ � ok IT \N / / \ N. ,,\ / ��q4/<�� 41i/ �LcA / s>. ilih 1I"Ji ts r�\ / '� 3 / \, ;a � �; / 41-4 \\ // , / \ \ / , ~ (75 i` I �,:� , Z ��;. • 5 obi` ` 1 l a ,� `4�Agi f` ;► 1 i i AP/v*4W L • 4IiflII is...rl:mil 00-z1-L 6`DYl01POl ‘ . 1.11AINizt kiwi *id t �; TOWN OFF FOUNTAIN O HILLS N.7.1,00 COMMUNITY DEVELOPMENT DEPARTMENT L Date Filed 2� cc, Fee Paid4 c.• Acce ed Plat NameYNumber l oy Parcel Size Number of Lots Number of Tracts Zoning General Plan Land U e Designation Density Requested (Dwelling Units Per Acre) Applicant Day Phone 19 49()) - 34b - ;oag Address City ST Zip L �--7d s e f?v►o,A fia ttvooa Gam on 197 d cll. Owner Day Phone So — 14 6 -3 ao'S oegafficoo 1S LItArTW 80) - 1-179-)co 4 Address City ST Zip ' .�1 o SC 49001,4 O2, 11 4 rd t2 2 PAtt D IV Pig cr2 Atta hments (Please list) 1 412,4 'i► (r 8/2..«)e l I • s K ivL1. ,,.......1) Signs rek\oi`cjw r I HERBY AUTHORIZE (Please Print) Date 5414,1aqIca TO FILE THIS APPLICATION. Subscribed and swo fore me this day of , 19 . My Commission Expires Notary Public (Seal) TFH Case Number Fee Schedule Attached RESOLUTION 2000-42 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS ACTING IN SUPPORT OF THE TOWNS OF QUEEN CREEK AND GILBERT AND THE CITY OF CHANDLER URGING THE MARICOPA COUNTY BOARD OF SUPERVISORS TO DEFER THE PROPOSED SALE OF ANY OF THE 2,400 ACRES OF LAND IMMEDIATELY ADJACENT TO THE SAN TAN MOUNTAIN REGIONAL PARK AND REQUEST THE COUNTY ADMINISTRATIVE OFFICER PARKS AND RECREATION DEPARTMENT DIRECTOR TO ENTER INTO DISCUSSIONS AND MEETINGS WITH QUEEN CREEK AS WELL AS PINAL COUNTY AND CITIZEN GROUPS FOR THE PRESERVATION OF THE LAND FOR FUTURE GENERATIONS: Whereas, the Fountain Hills Town Council is in favor of preservation of public lands; and Whereas, the state polls and survey regarding State Growing Smarter Language about open space preservation reveal that similar sentiments about the importance of open space are held by a majority of County residents; and Whereas, news of a possible sale of the County land adjacent to San Tan Mountain Regional Park generated extreme concern among Queen Creek, Gilbert, and Chandler residents; and Whereas, preservation of open space is of statewide concern, as evidenced in the fact that the November 2000 ballot issues contain both the Citizens Growth Management Initiative and Growing Smarter Plus; and Whereas, the land adjacent to the San Tan Mountain Regional Park was purchased with publicly approved County bond money for parks and open space; and Whereas, local residents support the protection and preservation of the publicly owned lands in the San Tan Mountains remaining as open space to meet the needs of County residents, expected to increase by 8 percent per year in this part of the Valley, and by as much as 100,000 per year county-wide, making open space an ever more rare and important commodity; and Whereas, San Tan Mountain Regional Park is the only county-operated park located in the fast-growing Southeast Valley; and Whereas, the San Tan Mountain Regional Park is the last of the County desert parks to be developed, while County parks funding has been used for the benefit of all the other County parks these last ten years; and L Whereas, the public demand and desire for open space has increased dramatically over recent years as the rate of population growth and development has led the population to place an increased value on public open space; and Whereas, the County has a rare opportunity to meet the desires of residents and tax payers if the land adjacent to the San Tan Mountain Regional Park were preserved as public open space instead of being sold; and Whereas, there is still a need for time to be spent in analysis and discussion about alternatives to fund park development with the elected officials from East Valley Communities; Whereas, the Town of Fountain Hills is also concerned that the County manage all of its park lands appropriately; and Whereas, residents of the Town of Fountain Hills have had concerns in the past regarding proposals for development in the McDowell Mountain Regional Park, including a proposal for a large outdoor statuary display during 1999, and more recently have been concerned regarding reports that the County might consider granting permission to locate a large cellular communications tower inside that park's boundary, and also have concerns regarding maintaining the integrity of the park's boundary; and Whereas, the Town of Fountain Hills urges the County to preserve the San Tan, McDowell Mountain, and other County parks to retain their value as examples of relatively pristine Sonoran desert; NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS AS FOLLOWS: Section 1. That the Fountain Hills Town Council is in full support of the efforts of the Towns of Queen Creek and Gilbert and the City of Chandler to preserve and protect the 2,400 acres adjacent to the San Tan Mountain Regional Park. Section 2. That the Board of Supervisors suspends any action on the proposed sale of any of the 2,400 acres adjacent to the San Tan Mountain Regional Park as described in Exhibit A. Section 3. That the Board of Supervisors direct the County Administrative Officer and Parks Director to meet with the cities and towns and citizens groups to formulate a plan of retention and preservation for the land owned by the County and described in Exhibit A. Section 4. The Fountain Hills Mayor and Town Manager will lend assistance and support as appropriate towards this preservation effort. L PASSED AND ADOPTED by the Mayor and Common Council of the Town of Fountain Hills, this 7th day of September 2000. FOR THE TOWN OF OUNTAIN HILLS: ATTESTED TO: AfrA )J4t4- S on Morgan, Ma or Cassie Hansen, Town Clerk REV (411# BY: APPROVED AS TO FORM: 7/7 -‘ e9 Paul L. rdin, Town Manager William E. Farrell,Town Attorney L L Town of Fountain Hills Memorandum DATE: September 1,2000 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder,Director of Community Developmill THROUGH: Paul L. Nordin,Town Manager SUBJECT: Presentation and discussion regarding the development fee plan prepared by Rick Giardina&Associates. Due to some minor printing difficulties the draft development fee plan will not be available until Tuesday, September 5,2000. At that time staff will forward a copy to the Councilmembers. Staff has agendized this item so that the Town's consultants can present their work to the Town Council and to provide an opportunity for discussion,questions and answers, and direction from the Town Council. Staff recommends that if the Town Council finds the draft plan acceptable that staff and the consultant be directed to take the necessary steps to implement the Town's adoption of the development fees. L L L REVISED DRAFT REPORT Town of Fountain Hills Develópmént Fee Study (110.w Rick Giardina & Associates, Inc. and BBC Research & Consulting Town of Fountain Hills Development Fee Study Prepared For Town of Fountain Hills 17958 Palisades Boulevard Fountain Hills, Arizona 85268 Prepared By (ki,,. Rick Giardina & Associates, Inc. 13741 East Rice Place, Suite 100 Aurora, Colorado 80015 (303) 699-2690 and BBC Research & Consulting 3773 Cherry Creek North Drive, Suite 850 Denver, Colorado 80209 (303) 321-2547 Caw Revised Draft Report September 1, 2000 L SECTION I. Introduction Rick Giardina & Associates (RGA) and BBC Research & Consulting (BBC) were retained by the Town of Fountain Hills in the summer of 2000 to calculate development fees for various categories of Town infrastructure. This report presents draft fees for a number of departments and outlines the methodologies used in fee calculation. Methodologies were selected according to the data that were available from the Town. Report Objectives The objective of this document is to set forth calculations of the maximum legally allowable development fees for the expansion of community facilities as required to ensure that infrastructure is available to accommodate new growth. Town policy makers could choose to impose fees of any amount smaller than those set out here, but in the opinion of the RGA/BBC team, these fees are the maximum that Fountain Hills could impose under Arizona statutes. Specifically, development fees are calculated for facilities in the following areas: • Town Marshal; • general government; ■ parks and recreation; ■ library;and ■ open space; • streets. This report presents a proposed fee amount for each category, and describes the methodologies used in fee calculation. It should be noted that school fees are not calculated in this report, because their imposition will be delayed pending the outcome of an Arizona state court decision and of a growth referendum that will go before Arizona voters on September 12t. If either the court decision or the results of the referendum are favorable, fees will be presented to Town Council. In the event that the Town decides to impose school fees, it would impose the proposed fee and remit revenues to the Fountain Hills Unified School District. Definition of Development Fees Development fees, which are also referred to as impact fees, are defined by the International City Management Association as: "monies collected formally through a set schedule, or formula,spelled out in a local ordinance. Development fees are levied only against new development projects as a condition of permit approval to support infrastructure needed to serve the proposed development. They are calculated to cover a proportionate share of the capital cost for that infrastructure."1 In other words, development fees are charges designed to compensate a community for the cost of extending infrastructure as required to support new development. The water company and the sanitation district in Fountain Hills currently charge similar fees for water and sewer infrastructure, and the Town's subdivision regulations require some land contributions from developers. The development fees described in this document are intended to supplement subdivision exactions or other existing processes that recover the costs imposed by new growth. There are general legal standards defining how development fees or other similar development exactions can be designed and applied. In general, development fee receipts cannot be used to cover ongoing operational or maintenance costs,nor can they be applied to the cost of repair and replacement or the cost of betterment or improvement of existing infrastructure or facilities. Development fee revenues must be dedicated exclusively to infrastructure expansion required by new development. Most importantly, development fees must be calibrated in rough proportion to new development's share of infrastructure cost. Fee revenue should be segregated and spent only on the targeted infrastructure for which the fee was raised. In addition to these general legal standards, the Arizona Revised Statutes outline a number of guidelines for development fee imposition. In general, the following six standards must be met: • Development fees must be used for projects that benefit new development; • There must be accountability in the uses of fee revenue to ensure that funds are only used for allowable capital projects; • Fee schedules must be uniform; • Cities and towns must demonstrate a reasonable and proportionate relationship between fee amounts and the growth related capital improvements slated for funding with fee revenues; • Developers must be given credit for exactions or other dedications;and • Fees must be paid at the time of issuance of building permits. 1 International City Management Association. RGA/BBC Research & Consulting I-2 41111.- Report Organization The remainder of this report contains eight sections. Section II outlines the demographic and land use assumptions used in the analysis. Sections III through VIII document the calculation of development fees for Town Marshal, parks and recreation, open space, general government, libraries and streets, respectively. The six sections are organized similarly; each begins with a review of current service standards and associated infrastructure for the appropriate city department based on current and projected costs, continues through the mechanics of fee calculation, and concludes with implementation recommendations. Section IX summarizes all of the development fee amounts, and shows the cumulative cost to new single family, multi-family and commercial development in Fountain Hills. Acknowledgements Completion of this study depended on the efforts of Town staff. In particular, the study team would like to thank Jeff Valder, Julie Ghetti, Tom Ward, Steven Gendler and Brian Hughes of the Town of Fountain Hills and Terry Tatterfield of the Fountain Hills Unified School District for their help in collecting and checking the data that is necessary for fee calculation. Low RGA/BBC Research & Consulting I- 3 L SECTION II. Land Use and Demographic Assumptions The fee calculations developed in this report are based on three sets of information: (2) cost of necessary infrastructure to deliver services at current service levels as Fountain Hills grows, based on a current inventory of assets or an updated Capital Improvements Program(CIP); (3) current distribution of developed land among commercial and residential uses;and (4) projected land use data for 2000 and 2020. Each of the following sections outlines various methods of calculating the cost of necessary infrastructure to deliver current levels of service and then applies the land use splits to those costs to arrive at a development fee amount. This section outlines the land use data used in fee calculation. Residential Data Community development staff provided the numbers of current single and multi- family units in the Town of Fountain Hills, as well as projected units by the year 2020. Current estimates are based on a database containing information about every property in Fountain Hills. Projected estimates account for zoning of buildable parcels as well as current project plans and likely market trends. RGA/BBC assumed that single-family homes would average 1,930 square feet in size and multi-family units would average 1,002 square feet. These estimates reflect the average of annual national median square foot figures from 1989, the year Fountain Hills was incorporated, to 1998. These figures may vary somewhat from actual square footage figures in Fountain Hills. If localized data regarding unit size become available, fee calculations should be revised to reflect them. Exhibit II-1 below presents the numbers of current and projected single and multi-family units and square feet in Fountain Hills. Exhibit II-1. Fountain Hills Development Fees, Residential Land Use Projections Category 2000 2020 Single Family Households 6,884 9,312 Total square feet 13,286,120 17,972,160 Multi-Family Households 3,214 4,534 Total square feet 3,220,428 4,543,068 Sources: (1) 2000 and 2020 units were provided by the Town of Fountain Hills,Community Development Department. (2) Square footage is based on the average of median unit sizes from 1989 to 1998,as provided by the National Homebuilder's Association,htto://www.nahb.com/facts/default fulllist.htm. Commercial Data As in the case of residential data,current and projected commercial square feet were provided by the Town of Fountain Hills' community development department. Current estimates were again based on the community development department's database of current properties, with projected estimates accounting for land use requirements, current construction plans and likely market trends. Exhibit II-2 below details the current and projected commercial and industrial square footage in Fountain Hills. Exhibit 11-2. Fountain Hills Development Fees, Current and Projected Commercial and Industrial Square Feet Category 2000 2020 Commercial 1,054,531 2,168,531 Industrial 112,062 238,062 Source: Commercial data provided by the Town of Fountain Hills Community Development Dept. Lore RGA/BBC Research & Consulting II-2 Distribution of Land Use In allocating infrastructure costs to residential and commercial land uses, the distribution of those land uses in Fountain Hills was used. Exhibit II-3 below summarizes the percent of total developed land consisting of single-family residential, multi-family residential,commercial and industrial development. Exhibit 11-3. Fountain Hills Development Fees, Distribution of Square Feet by Land Use Percent Category Square Feet of Total Single Family Residential 13,286,120 75% Multi-Family Residential 3,220,428 18% Commercial 1,054,531 6% Industrial 112,062 1% Source: Town of Fountain Hills Community Development Dept. Net Change in Units/Square Feet While most fee calculations in this report depend on the current numbers of residential units and commercial square feet, street and school fees are calculated using the net new units or square feet constructed over a given time period because good forward looking CIP's exist for these two categories of infrastructure. Exhibit II-4 below outlines the new residential units and commercial and industrial square feet projected in Fountain Hills by 2020. Exhibit I1-4. Fountain Hills Development Fees, Projected New Units and Square Feet (2020) New Units/ Category Square Feet Single Family Residential 2,428 Multi-Family Residential 1,320 Commercial 1,114,000 Industrial 126,000 Source: Commercial data provided by the Town of Fountain Hills Community Development Dept. L RGA/BBC Research & Consulting II - 3 L SECTION III. Town Marshal Development Fee The Town Marshal department's development fee is designed to assess new development for the proportional cost of expanding Town Marshal services as required to accommodate new growth. Calculating development fees that reflect new development's proportional demand for Town Marshal services involves a three-step process: ■ determining applicable capital investments for the Town's current infrastructure; • calculating an apportionment of service costs to various land uses based on land distribution among commercial and residential uses;and • utilizing current infrastructure standards, facility replacement and construction costs and distribution of service demands by land use to calculate applicable fees. Current Operations and Service Standards The Town currently provides public safety services through the operations of a Town Marshal's office and services contracted from the County Sheriff. However, the Town's 2000-2001 budget includes funding for infrastructure that will be needed to provide all public safety services through a Town operated police department. In order to evaluate the Town's current infrastructure for Town Marshal services, the replacement cost of existing facilities, developed using current purchase prices, was calculated. If any items had been debt financed, only the Town's equity share of the items would be included as an appropriate cost. However, no Town Marshal facilities or equipment were financed with outstanding debt. Additionally, only the Marshal portion of shared facilities or equipment were included in this fee, with the remainder spread among other fees,if applicable. The types of facilities and equipment encompassed in this calculation include vehicles, communications equipment and research related to the development of development fees. Both equipment purchased for the operation of the Town Marshal's office and funds set aside to purchase equipment for a full fledged Town police department were included in this fee. Since the funds for a police department have been set aside through the budget process, they were assumed to constitute part of the Town's current service standard and thus included in this calculation. Finally, the cost of the development fee study that was undertaken to calculate fees was also included in this and all other sections,because the fee study is clearly a cost that should be attributed to new growth. Exhibit III-1 below presents $831,000 of Town Marshal assets, $772,000 of which are eligible for inclusion in development fees. Exhibit Ili-1. Projected Capital Infrastructure, Fountain Hills Town Marshal Total Equity Shared Facility Portion to Allocated Acquistion (include (percentage Include Replacement Type of Capital Infrastructure Cost in fee) in fee) in Fee Value Existing Capital Items 12 patrol vehicles S303,348 100% 100% 100% $303,348 Animal Control Truck S21,927 100% 100% 100% $21,927 Base Station Radio 55,972 100% 100% 100% $5,972 Start Up Capital Needed for a Local Police Department 17 patrol vehicles S429,743 100% 100% 100% $429,743 Fee Related Research Development Fee Study S70,000 100% 16% 16% $10,930 Total S830,990 93% $771,920 Source: Interview with Town Marshall's Office staff,6/28/00 and internal Town Marshall's Office memo dated 5/01/00. Fee Calculation Using the costs summarized above and the demographic information from Section II, development fees are calculated for new development. Costs of providing service are apportioned to different types of land use, using the current distribution of commercial and residential land in Fountain Hills. Development fees are then calculated by dividing the appropriate portion of service costs by total residential or commercial units (households, square feet). Exhibit III-2 below presents a calculation of development fees based on the infrastructure costs in Exhibit III-1. This method would result in charges of $71 per unit of residential development and $0.05 per square foot of commercial development. Fees not to exceed these amounts are recommended for Town Marshal services. L RGA/BBC Research & Consulting iii -2 Exhibit I1I-2. Calculation of Development Fees, Fountain Hills Town Marshal Total Costs for Police Infrastructure (1) $771,920 Allocation for Development Fees (2) Residential 93% Commercial/Industrial/Other 7% Allocated Costs by Category Residential $717,886 Commercial/Industrial/Other $54,034 Current Development Residential (in dwelling units) 10,098 Commercial/Industrial (in square feet) 1,166,593 Cost by Unit of Development(rounded) Residential (per dwelling unit) $71 Commercial/Industrial (per square foot) $0.05 Source: BBC Research&Consulting. Notes: (1)See Exhibit III-1;(2)See Exhibit 11-3. L L RGA/BBC Research & Consulting III-3 L SECTION IV. Parks and Recreation Development Fee The development fee for the Town of Fountain Hills' parks and recreation department was calculated using the same three steps used in developing the Town Marshal fee: ■ determine applicable capital investments for the Town's current infrastructure. ■ calculate an apportionment of service costs to various land uses based on land distribution among commercial and residential uses;and • utilize current infrastructure standards, facility replacement and construction costs and distribution of service demands by land use to calculate applicable fees. Current Operations and Service Standards In order to evaluate the Town's current infrastructure for park and recreation services, the purchase price of existing facilities and equipment were used and then updated to 2000 dollars using the building cost index of Engineering News Record.1 If any items had been debt financed, only the Town's equity share of the items would be included as an appropriate cost. However, no park and recreation facilities or equipment were financed with outstanding debt. Additionally, only the park and recreation portion of shared facilities or equipment were included in this fee, with the remainder spread among other fees,if applicable. The types of costs included in this calculation include land purchases, park construction and park control buildings. Information about current park assets was provided by the Town's finance office and confirmed by the park and recreation department. L 1 ENR Building Cost Index-1989-1999, (http://www.enr.com/cost/costbci.asp). Exhibit IV-1 below presents $11.5 million of park and recreation assets, adjusted for inflation,$10.8 million of which are eligible for inclusion in development fees. . Exhibit IV-1. Projected Capital Infrastructure, Fountain Hills Parks and Recreation Department Total Total Equity Shared Facility Portion to Allocated Date Acquisition Replacement (include (percentage Include in Replacement Type of Capital Infrastructure Constructed Cost Cost in fee) in fee) Fee Value Parks and Buildings Golden Eagle Park 1992 $468,500 $582,827 10096 100% 10096 $582,827 Golden Eagle Park 1993 $528,484 S639,747 10096 100% 100% $639,747 Golden Eagle Park 1995 S1,118,995 S1,282,617 100% 100% 100% S1,282,617 Golden Eagle Park Control Building 1995 $375,025 S429,862 100% 100% 100% $429,862 Golden Eagle Park(comp.construction) 1997 S825,947 $896,424 100% 100% 10096 $896,424 Golden Eagle Park(comp.construction) 1998 $773,816 $817,232 100% 100% 100% S817,232 Fountain Park 1997 S3,500,000 S3,798,650 100% 100% 100% $3,798,650 Fountain Park Improvements 1997 $200,000 S217,066 100% 100% 100% $217,066 FPNP(comp.construction) 1998 $581,788 $614,430 100% 100% 100% $614,430 FRNP Control Building 1998 S19,033 S20,101 100% 100% 100% $20,101 Four Peaks Park 1997 S540,000 $586,077 100% 100% 100% S586,077 Desert Vista Neighborhood Park 1998 $1,436,489 $1,517,085 10096 100% 100% $1,517,085 Fee Related Research Development Fee Study 2000 S70000 $70.000 10096 13% 1336 $9,302 Total S10,438,077 $11,472,117 99% $10,828,592 Source:Town of Fountain Hills finance office internal documents. Fee Calculation Using the costs summarized above and the demographic information from Section II, development fees are calculated for new development. All costs for park facilities are attributed to residential development, under the assumption that the vast majority of park users are Town residents. Development fees are then calculated by dividing the appropriate portion of service costs by total residential units (households). RGA/BBC Research & Consulting IV-2 Exhibit IV-2 below presents a calculation of development fees based on the infrastructure costs in Exhibit IV-1. This method would result in charges of$1,072 per unit of residential development. A fee not to exceed this amount is recommended for park and recreation services. Exhibit IV-2. Calculation of Development Fees, Fountain Hills Parks and Recreation Department Total Costs for Parks Infrastructure (1) $10,828,592 Allocation for Development Fees (2) Residential 100% Commercial/Industrial/Other 0% Allocated Costs by Category Residential $10,828,592 Commercial/Industrial/Other $0 Existing Development Residential (in dwelling units) 10,098 Commercial/Industrial (in square feet) 1,240,000 Cost by Unit of Development(rounded) Residential (per dwelling unit) $1,072 Source: BBC Research&Consulting. Notes: (1)See Exhibit IV-1;(2)See Exhibit 11-3. • RGA/BBC Research & Consulting IV-3 L SECTION V. Open Space Development Fee The development fee for the Town of Fountain Hills' open space department was calculated using the same three-step process described above: • applicable capital investments for the Town's current infrastructure were determined; • an apportionment of service costs to various land uses based on land distribution among commercial and residential uses was calculated;and • current infrastructure standards, facility replacement and construction costs and distribution of service demands by land use were utilized to calculate applicable fees. Current Operations and Service Standards In order to evaluate the Town's current open space infrastructure, the purchase price of existing facilities and equipment were used and then updated to 2000 dollars using the building cost index of Engineering News Record.1 For $1.4 million of open space purchases that were debt financed, only the Town's equity share was included as an appropriate cost. Additionally,only the open space portion of shared facilities or equipment were included in this fee,with the remainder spread among other fees,if applicable. The types of costs included in this calculation include land purchases, open space development and funds set aside for open space purchase or development. While $1.5 million in open space funds have not been spent, the Town has collected this money from existing residents and it should thus be included in a calculation of the current open space standard. This information was gathered through interviews with staff of the Town's finance and planning offices. 1 ENR Building Cost Index-1989-1999, (http://www.enr.com/cost/costbci.asp). Over 1,000 acres of open space were dedicated to the Town by developers. Of this land, 386 acres are located in mountainous areas and the remaining 676 acres are primarily located in areas that are not developable, such as washes. Town staff have estimated the value of the mountainous portion at $20,000 per acre and the value of the remainder at $5,000 per acre. Exhibit V-1 below presents $1.14 million of open space assets, adjusted for inflation, $122.7 million of which are eligible for inclusion in development fees. Exhibit V-1. Projected Capital Infrastructure, Fountain Hills Open Space Department Total Total Equity Shared Facility Portion to Allocated Date Acquisition Replacement (include (percentage Include in Replacement Type of Capital Infrastructure Constructed Cost Cost in fee) in fee) Fee Value Open Space Land Acquisition—Lake(1) 1999 11,400,000 S1,438,738 6% 100% 6% $89,202 Funds set aside 2000 S1,500,000 11,500,000 100% 100% 100% S1,500,000 Existing 386 mountain acres 2000 17,720,000 17,720,000 100% 100% 100% $7,720,000 Existing 676 non-mountain acres 2000 $3,380,000 13,380,000 100% 100% 100% 13,380,000 Fee Related Research Development Fee Study 2000 370.000 570,000 100% 13% 1315 12.1112 Total $14,070,000 $14,108,738 90% $12,698,504 Source:Town of Fountain Hills finance office internal documents. tkilW Note:(1)One$50,000 payment has been made and nearly$40,000 in appreciation has been added. Fee Calculation Using the costs summarized above and the demographic information from Section II, development fees are calculated for new development. Costs of providing service are entirely apportioned to residential land uses, under the assumptions that open space primarily serves Town residents. Development fees are calculated by dividing the appropriate portion of service costs by total residential units. L RGA/BBC Research &Consulting V-2 Exhibit V-2 below presents a calculation of development fees based on the infrastructure costs in Exhibit V-1. This method would result in charges of $1,258 per unit of residential development. A fee not to exceed this amount is recommended for open space services. Exhibit V-2. Calculation of Development Fees, Fountain Hills Open Space Department Total Costs for Open Space Infrastructure (1) $12,698,504 Allocation for Development Fees (2) Residential 100% Commercial/Industrial/Other 0% Allocated Costs by Category Residential $12,698,504 Commercial/Industrial/Other $0 Existing Development Residential (in dwelling units) 10,098 Commercial/Industrial (in square feet) 1,240,000 Cost by Unit of Development(rounded) Residential (per dwelling unit) $1,258 Source: BBC Research&Consulting. Notes: (1)See Exhibit V-1;(2)See Exhibit 11-3. L RGA/BBC Research &Consulting V-3 L SECTION VI. General Government Development Fee The development fee for the Town of Fountain Hills' general government departments was calculated using the same three step process described above: • applicable capital investments for the Town's current infrastructure were determined; cov • an apportionment of service costs to various land uses based on land distribution among commercial and residential uses was calculated;and ■ current infrastructure standards, facility replacement and construction costs and distribution of service demands by land use were utilized to calculate applicable fees. Current Operations and Service Standards In order to evaluate the Town's current general government infrastructure, the purchase price of existing facilities and equipment were used and then updated to 2000 dollars using the building cost index of Engineering News Record.1 As described in previous sections, only the equity portion of any debt-financed assets can be included in fee calculations. However, since the Town has no outstanding debt for general government infrastructure, this adjustment was not needed. Additionally, only the general government portion of shared facilities or equipment were included in this fee, with the remainder spread among other fees,if applicable. L 1 ENR Building Cost Index-1989-1999,(http://www.enr.com/cost/costbci.asp). The types of costs included in this calculation include land purchases,buildings and improvements to existing buildings. Tenant improvements to leased space were not included in the fee because the Town does not have any equity ownership in leased buildings, regardless of the tenant improvements undertaken. Information about capital facilities was gathered through interviews with staff of the Town's finance and planning offices. Exhibit VI-1 below presents $5.1 million of general government assets, adjusted for inflation,$4.7 million of which are eligible for inclusion in development fees. Exhibit VI-1. Projected Capital Infrastructure, Fountain Hills General Government and Public Buildings Total Total Equity Shared Facility Portion to Allocated Date Acquisition Replacement (Include (percentage Include in Replacement Type of Capital Infrastructure Constructed Cost Cost in fee) in fee) Fee Value Buildings Community Center 1990 $233,500 $306,778 100% 100% 100% $306,778 Building C Improvements 1991 S42,251 $54,016 100% 100% 100% S54,016 Tenant Improvements to leased space 1993 S6,718 $8,132 0% 100% 0% SO Kiwanis Bldg. 1994 $157,509 $185,536 100% 100% 100% S185,536 Community Ctr.Parking Lot 1997 $17,965 $19,498 100% 100% 100% S19,498 Building C Improvements ( tt'' 1y98 $100,019 S105,631 100% 100% 100% S105,631 Theater Building 11116610 $136,640 S144,306 100% 100% 100% $144,306 Land Community Center 1990 $388,420 $510,316 100% 100% 100% $510,316 15 Acre Site 1990 82,614,800 $3,435,390 100% 100% 100% $3,435,390 Kiwanis Land 1994 $176,745 5206,195 100% 100% 100% S208,195 Community Center Parking Lot 1994 $65,198 $76,799 100% 100% 100% S76,799 Fee Related Research Development Fee Study 2000 $70.000 S7Q000 100% 13% Li% $9,302 Total S4,009,765 S5,124,597 99% $4,748,988 Source:Town of Fountain Hills finance office internal documents. Fee Calculation Using the costs summarized above and the demographic information from Section II, development fees are calculated for new development. Costs of providing service are apportioned to different types of land use, using the current distribution of commercial and residential land in Fountain Hills. Development fees are then calculated by dividing the appropriate portion of service costs by total residential or commercial units (households, square feet). RGA/BBC Research & Consulting VI-2 Exhibit VI-2 below presents a calculation of development fees based on the infrastructure costs in Exhibit VI-1. This method would result in charges of$437 per unit of residential development and $0.28 per square foot of commercial development. Fees not to exceed these amounts are recommended for general government services. Exhibit VI-2. Calculation of Development Fees, Fountain Hills General Government and Public Buildings Total Costs for General Govt. Infrastructure(1) $4,748,988 Allocation for Development Fees (2) Residential 93% Commercial/Industrial/Other 7% Allocated Costs by Category Residential $4,416,559 Commercial/Industrial/Other $332,429 Existing Development Residential (in dwelling units) 10,098 Commercial/Industrial (in square feet) 1,166,593 Cost by Unit of Development(rounded) Residential (per dwelling unit) $437 Commercial/Industrial (per square foot) $0.28 Source: BBC Research&Consulting. Notes: (1)See Exhibit VI-1;(2)See Exhibit 11-3. L RGA/BBC Research & Consulting VI -3 L SECTION VII. Library Development Fee A number of options were examined for imposing library development fees in Fountain Hills. However, after reviewing the current library situation, the study team concluded that there was not a justification for imposing library development fees on behalf of the Town of Fountain Hills. This is primarily due to two factors: • The Town does not currently own any library facilities. The current library is operated by Maricopa County, and the Town leases the space occupied by the library from a private owner. • In 1999, the residents of Fountain Hills approved a $3.7 million bond issue to construct a new library. However, the Town has yet to accumulate any equity in this facility, meaning that it would be inappropriate to include the facility in any development fee calculations. A number of options were explored to allow the Town to charge development fees for library facilities. These included crediting development fee payments against future property taxes paid by new development and charging development fees that accounted for the future value of property taxes. However, the administrative cost of these solutions would far outweigh the benefit to be gained from charging development fees. Consequently, the study team recommends not charging a development fee for library facilities. However, once the Town has built significant equity in the new facility, it could consider charging development fees to recover that equity. L L SECTION VIII. Street Development Fee A development fee for new streets charges new development for the cost of constructing arterial streets necessary to serve new growth. Design of a development fee for streets includes the following steps: • identify new street construction, building improvements and equipment cor that will be necessary due to growth in Fountain Hills; • allocate the costs of constructing this infrastructure to land use types based on trip generation data;and • design fees for different types of development using the costs allocated to land use types and the demographic information presented in Section II. Calculation of Service Standards Unlike the other fees in this report, which were calculated based on current infrastructure, service standards for streets were calculated using a capital improvements plan that estimates needed improvements in Fountain Hills over the next 20 years. Exhibit VIII-1 presents $6.5 million in improvements that were identified by the public works department's most recent capital plan. These improvements were then reduced by two factors. First, only the portion of improvements needed to serve new growth should be included in development fee calculations. As seen in the Exhibit, an adjustment was made to the new maintenance building because only 36 percent of it will serve new growth.1 A second adjustment was made to reflect pass through trips on Fountain Hills' streets. Growth cannot be charged for improvements that were necessary due to traffic with both origins and destinations outside 1 This 36 percent represents the portion of trips in Fountain Hills that will be due to new development over the next 20 years. of the Town. According to Town staff, 48 percent of the traffic on Shea Boulevard and 80 percent of the traffic on Fountain Hills Boulevard consists of trips that either began or would end in Fountain Hills. After making these adjustments, $4.3 million in eligible street costs were identified for development fees. Exhibit VIII-1. Projected Capital Infrastructure, Fountain Hills Streets Allocated Total Construction Total Growth Related Internal Portion to Replacement Type of Capital Infrastructure Cost (include in SDF) Traffic include in SDF Value Streets Shea Blvd.Widening S2,900,000 100% 48% 48% $1,392,000 Fountain Hills Blvd.Widening 51,400,000 100% 80% 80% 51,120,000 Street Department Improvements New Maintenance Building $500,000 36% 100% 36% $180,041 Street Sweeper $200,000 100% 100% 100% $200,000 Striper S225,000 100% 100% 100% $225,000 Traffic Signals S1,200,000 100% 109% 100% 51,200,000 Fee Related Research Development Fee Study S70,000 100% 100% 16% $10,930 Total r $6,495,000 54,327,971 Source: Town of Fountain Hills Engineering Department. Fee Calculation Unlike other fee calculations in this report, street fees should be distributed by the usage of streets that is generated by particular land use types. To calculate this distribution, trip generation figures from the Institute of Transportation Engineers' Trip Generation Manual are considered. These figures estimate the number p.m. peak hour trips generated by particular land uses. Peak hour trips are appropriate for this calculation because street infrastructure is sized according to the expected peak. Since peak hour trips will be used to distribute infrastructure costs, peak hour estimates should be employed. Exhibit VIII-2 below presents trip generation figures for the land uses considered in Fountain Hills. L RGA/BBC Research & Consulting VIII -2 Exhibit VIII-2. Low Trip Generation by Land Use Category, Fountain Hills Streets Trip Generation Land Use Category Weighting* Single Family Unit 1.0 Multi-Family Units 0.5 1,000 commercial 3.2 1,000 industrial square feet 0.9 *Reflects general traffic generation patterns,emphasizing PM peak period conditions. Source: International Transportation Engineering Trip Generation Manual. Using the trip generation figures found Exhibit VIII-2, total trips can be attributed to each land use. By calculating these totals, the percentage of trips attributable to any given land use can be calculated. Exhibit VIII-3 below presents this calculation. Exhibit VIII-3. Weighted Average Trip Generation, Fountain Hills Streets New Weighted Trip Percent Land Use Pattern Development Generation Factors Distribution Single Family Units(*1.01): 2,428 2,452 36% Multi Family Units (*0.54): 1,320 713 10% Commercial square feet(*3.2/1,000 sq. ft.) 1,114,000 3,565 52% Industrial square feet(*0.92/1,000 sq.ft.) 126,000 111 21s Total 6,846 100% Source: International Transportation Engineering Trip Generation Manual and Town of Fountain Hills development forecasts. Note: Reflects general traffic generation patterns,emphasizing PM peak period conditions. RGA/BBC Research & Consulting VIII- 3 Finally, the distribution of trips among land uses is used to distribute infrastructure costs among those same land uses. Then, by dividing allocated infrastructure costs by the projected numbers of residential units or commercial square feet, development fees can be calculated. Exhibit VIII-4 presents this final calculation and the resultant fees. Exhibit VIII-4. Calculation of Development Fees, Fountain Hills Streets Replacement Value for Street Infrastructure $4,327,971 Allocation for Development Fees(1) Single Family Residential 36% Multifamily Residential 10% Commercial 52% Industrial 2% Allocated Costs by Category Single Family Residential $1,550,352 Multifamily Residential $450,638 Commercial $2,253,696 Industrial $73,286 Projected Development(2) Single Family Residential (dwelling units) 2,428 Multifamily Residential (dwelling units) 1,320 Commercial(square feet) 1,114,000 Industrial (square feet) 126,000 Cost by Unit of Development(rounded) Single Family Residential (per dwelling unit) $639 Multifamily Residential (per dwelling unit) $341 Commercial (per square foot) $2.02 Industrial (per square foot) $0.58 Source: BBC Research&Consulting. Notes: (1) Based on weighted trip generation distribution in Exhibit IX-2; (2)Town of Fountain Hills Community Development Department. L RGA/BBC Research & Consulting VIII-4 SECTION IX. Summary Exhibit IX-1 on the following page summarizes the prospective development fees by type of land use. The cost to a new single family home would be$4,020,while the cost to a multi-family unit would total$3,755. The cost per new commercial square foot would equal $2.35 and the cost for a new industrial square foot would total$0.91. It should also be noted that the final implementation of this fee system should incorporate appropriate language allowing proportional credits to existing structures that are being redeveloped. For instance, if an existing retail development is being redeveloped for larger or more intensive use, then the fee calculation should allow a credit for the prior retail use. Additionally, the Town will need to consider policies for crediting developers for off-setting exactions, for the development of retail projects that might significantly benefit the operating funds of the Town and for other projects that provide significant public benefits (such as affordable housing). L Exhibit IX-1. Fountain Hills Development Fees, by Unit of Development Police Fees Residential (per dwelling unit) $71 Commercial/Industrial (per square foot) $0.05 Street Fees Residential (per single family dwelling unit) $638.53 Residential (per multifamily dwelling unit) $341.39 Commercial (per square foot) $2.02 Industrial (per square foot) $0.58 Parks and Recreation Fees Residential (per dwelling unit) $1,072 Open Space Fees Residential (per dwelling unit) $1,257.53 Library Fees Residential (per dwelling unit) NA General Government Fees Residential (per dwelling unit) $437 cry Commercial/Industrial (per square foot) $0.28 School Fees Single-Family Residential (per d.u.) $575 Multi-Family Residential (per d.u.) $209 Total Fees Residential (per single family dwelling unit) $4,052 Residential (per multifamily dwelling unit) $3,755 Commercial (per square foot) $2.35 Industrial (per square foot) $0.91 Source: BBC Research&Consulting. L BBC Research & Consulting IX-2 L L L SEP 05 '00 02: 15PM P• 1i3 FACSIMILE B B C RESEARCH & CONSULTING To: Jeffrey A. Valder Company: Town of Fountain Hills City/State: Fountain Hills, AZ Fax No: 480-837-3145 From: Jim Carpenter Date: September 5, 2000 Subject: Corrections to Summary No. Pages (including cover): 3 Lir Jeff, I just discovered that the revised summary section still includes school fees. I apologize for this error. I have attached the revised summary section, which you may want to include as an insert in Council packets. Thanks, Jim 3773 CHERRY CREEK NORTH DRIVE.SUITE 850 PHONE:303.321.2547,FAX:303.399.0448 DENVER,COLORADO 8020938Z7 e•mall:bbc@bbcreeearch.com SEP 05 '00 02: 15PM P.2/3 L SECTION IX. Summary Exhibit IX-1 on the following page summarizes the prospective development fees by type of land use. The cost to a new single family home would be$3,477,while the cost to a multi-family unit would total$3,180. The cost per new commercial square foot would equal $2.35 and the cost for a new industrial square foot would total$0.91. It should also be noted that the final implementation of this fee system should incorporate appropriate language allowing proportional credits to existing structures that are being redeveloped. For instance, if an existing retail development is being redeveloped for larger or more intensive use, then the fee calculation should allow a credit for the prior retail use. Additionally,the Town will need to consider policies for crediting developers for off-setting exactions, for the development of retail projects that might significantly benefit the operating funds of the Town and for other projects that provide significant public benefits (such as affordable housing). L SEF 05 '00 02:16PM F.3/3 Exhibit IX•1. L. Fountain Hills Development Fees, by Unit of Development Police Fees Residential (per dwelling unit) $71 Commercial/Industrial (per square foot) $0.05 Street Fees Residential (per single family dwelling unit) $638.53 Residential (per multifamily dwelling unit) $341.39 Commercial (per square foot) $2.02 Industrial (per square foot) $0.58 Parks and Recreation Fees Residential (per dwelling unit) $1,072 Open Space Fees Residential (per dwelling unit) $1,257.53 Library Fees Residential (per dwelling unit) NA General Government Fees Residential (per dwelling unit) $437 Commercial/Industrial (per square foot) $0.28 Total Fees Residential (per single family dwelling unit) $3,477 Residential (per multifamily dwelling unit) $3,180 Commercial (per square foot) $2.35 Industrial (per square foot) $0.91 Source: BBC Research Si Consulting. L BBC Research & Consulting IX—2 Town of Fountain Hills Memorandum DATE: September 1,2000 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder,Director of Community Developmen ' THROUGH: Paul L. Nordin,Town Manager SUBJECT: Town Council consideration of Ordinance 00-15, an amendment to Chapter 9, OPEN SPACE ZONING DISTRICT (OSC AND OSR) of The Zoning Ordinance for the Town of Fountain Hills,to allow for a special event facility as an accessory use to a golf course clubhouse,if certain criteria are met, Case Number Z2000-. The Town first became interested in developing an ordinance to regulate special event facilities at golf course clubhouses as a result of some problems that were occurring at the Eagle Mountain Golf Course. The Eagle Mountain Golf Course was hosting special events from a large tent on the south side of the their clubhouse from approximately August of 1999 to April of 2000. The tent was erected and maintained throughout this time period and was in violation of at least two separate zoning regulations. The golf course operator was ultimately cited for fire code violations and the tent was removed. During the process of seeking the removal of this tent,the Staff determined that a substantial modification to the list of permitted uses relating to golf course clubhouses was needed to address the desires of at least three local golf course operators to have/host special events at their respective clubhouses. The Town is very interested in these special events, and we wanted to ensure that these events would occur in a manner that was acceptable both to the Town and to neighboring residential users. Town staff, along with representatives from the Eagle Mountain Golf Course,developed the following proposed set of regulations that will ensure that special events held at golf course clubhouses are appropriate in size,hours of operation,are housed within buildings that compliment the clubhouses,that sufficient parking is provided,etc. Staff believes that having special events at a clubhouse would not be inconsistent with the intent of the Zoning Ordinance, but that special attention should be paid toward the manner in which special events occur, and the buildings or structures within which they occur. The proposed text amendment,as shown in the attached Ordinance 00-15,would administratively permit"special event facilities"if certain criteria were met. On July 13, 2000 the Planning and Zoning Commission voted 5-0 to recommend Town Council approval of Ordinance 00-15. Due to a request by the operator of the Firerock Country Club golf course that this item be continued until the Town Council's September 7, 2000 meeting, staff is recommending a continuance to that date. Staff will then recommend Town Council approval of Ordinance 00-15. L o �-e c1�- TOWN OF FOUNTAIN HILLS ORDINANCE#00-15 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING CHAPTER 9, SECTION 9.02 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO ALLOW FOR A SPECIAL EVENT FACILITY AS AN ACCESSORY USE TO A GOLF COURSE CLUBHOUSE,IF CERTAIN CRITERIA ARE MET. WHEREAS, The Town of Fountain Hills adopted Ordinance #93-22, on November 18, 1993, which adopted The Zoning Ordinance for the Town of Fountain Hills,and; WHEREAS, Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills, provides for a procedure to amend said ordinance,and; WHEREAS, The Town of Fountain Hills desires to amend its regulations to allow for a special event facility as an accessory use to a golf course clubhouse,if certain criteria are met,and; WHEREAS, The procedures detailed in Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills have been followed,and; WHEREAS, The Town of Fountain Hills has rewritten Chapter 9, Section 9.02 of The Zoning Ordinance for the Town of Fountain Hills and published these proposed text changes in the official newspaper of general circulation, The Times of Fountain Hills and Rio Verde on June 28,2000,July 5, 12, 19 and 26,2000,and on August 2,2000,and; WHEREAS, Public hearings were advertised in the June 28, 2000, July 5, 12, 19 and 26, 2000, and in the August 2, 2000 editions of The Times of Fountain Hills and Rio Verde, pursuant to Arizona Revised Statutes §9-462.04,and; WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission on July 13,2000 and by the Fountain Hills Town Council on August 3,2000. NOW THEREFORE,BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA AS FOLLOWS: Section 1. Pursuant to Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills, Chapter 9, Section 9.02 of The Zoning Ordinance for the Town of Fountain Hills shall be amended as follows,with text to be added shown as double-underlined: ORDINANCE 00-15 PAGE 1OF3 (146.0 9.02 Permitted Uses: B. In the Open Space Recreational("OSR")Zoning District: 1. Golf course, including clubhouses located thereon, but not including miniature courses. 2. Park land. 3. Public and private wildlife reservations. 4. Publicly and privately owned or operated fire and/or public police stations. 5. Undeveloped natural land. *2 6. Utility services, but not including offices, waste water treatment plants, generating stations, and wireless communications towers and antennas, unless otherwise specifically permitted elsewhere in the ordinance. 7 Special Event Facility as an Accessory Use to a Clubhouse. A Golf course operator may develo and o.erate a special event facility within or immediately adjacent to a clubhouse, if those criteria listed below are met. A special event facility is a permanent building that is developed for individual short-term special events at the clubhouse including weddings parties meetings golf tournaments and other similar events. The size limitations of the special event facility as noted below shall include any restrooms, storage areas. or other portions .f the building that are developed for the sole use of the special events facility In the review of a building permit application for a special event facility. the Town may consider building elevations building materials.building color. landscaping. hours of operation signage parking duration and neighborhood impact. As a minimum. the following standards shall apply: a. A special event facility shall be constructed using the same exterior building materials and paint color as the clubhouse. Tents.membrane structures or similar buildings or structures are specifically prohibited. However. temporary single-event tent l may be permitted by Temnora_ry Use Permit pursuant to Section 5.16 of this Ordinance. b. Any golf course clubhouse may have a special event facility that is up to to 2,400 square feet in size regardless of the size of the clubhouse. A special event facilit ma be . eater than 2.400 si uare feet in size. but the special event facilit shall be no greater than thirty (30%) percent of the air-conditioned areas of the clubhouse, but not including any .olf cart stora.e .r maintenance areas of the clubhouse, c. In no case shall a special event facility be used between the hours of 12:00 AM and 6.00 AM on Friday and Saturday evenings. A special event facility shall not be used between the hours of 10:00 PM and 6:00 AM on Sunday through Thursday evenings However on holidays that occur on Sunday through Thursday evenings the Director of Communit Development ma with .rior a..roval allow for a special event facility to be used until 12:00 AM instead of 10:00 PM. If the Director of Community Development determines that music or crowd noise has disturbed adjacent residential users the Director of Community Development ,,,,,.. ORDINANCE 00-15 PAGE 2 OF 3 at his/her discretion and by certified letter to the olf course o.erator ma further �• limit the hours of future special events. d. No additional parking spaces are required to be provided for a special event facility. However, there shall be no non-golf-related events that utilize the special event facility that begin before 4:00 PM unless either additional on-site parking for the facility is provided at a rate of one parking space per every 4 persons of the capacity of the special event facility or alternative parking accommodations and transportation (if necessary) are provided and prior approval is given by the Director of Community Development. e. There shall be no additional signage associated with the special event facility. PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona,this 7th day of September,2000. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: L Sharon Morgan,Mayor Cassie B.Hansen,Town Clerk REVIEWED BY: APPROVED AS TO FORM: Paul L.Nordin,Town Manager William E.Farrell,Town Attorney ., ORDINANCE 00-15 PAGE 3 OF 3 TOWN OF FOUNTAIN HILLS ORDINANCE#00-15 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING CHAPTER 9, SECTION 9.02 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO ALLOW FOR A SPECIAL EVENT FACILITY AS AN ACCESSORY USE TO A GOLF COURSE CLUBHOUSE,IF CERTAIN CRITERIA ARE MET. WHEREAS, The Town of Fountain Hills adopted Ordinance #93-22, on November 18, 1993, which adopted The Zoning Ordinance for the Town of Fountain Hills,and; WHEREAS, Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills, provides for a procedure to amend said ordinance,and; WHEREAS, The Town of Fountain Hills desires to amend its regulations to allow for a special event facility as an accessory use to a golf course clubhouse, if certain criteria are met, and; WHEREAS, The procedures detailed in Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills have been followed,and; WHEREAS, The Town of Fountain Hills has rewritten Chapter 9, Section 9.02 of The Zoning Ordinance for the Town of Fountain Hills and published these proposed text changes in the official newspaper of general circulation, The Times of Fountain Hills and Rio Verde on June 28, 2000,July 5, 12, 19 and 26, 2000,and on August 2,2000,and; WHEREAS, Public hearings were advertised in the June 28, 2000, July 5, 12, 19 and 26, 2000, and in the August 2, 2000 editions of The Times of Fountain Hills and Rio Verde, pursuant to Arizona Revised Statutes §9-462.04,and; WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission on July 13,2000 and by the Fountain Hills Town Council on August 3,2000. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA AS FOLLOWS: Section 1. Pursuant to Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills, Chapter 9, Section 9.02 of The Zoning Ordinance for the Town of Fountain Hills shall be amended as follows,with text to be added shown as double-underlined: (kiew ORDINANCE 00-15 PAGE 1OF3 9.02 Permitted Uses: B. In the Open Space Recreational("OSR")Zoning District: 1. Golf course, including clubhouses located thereon, but not including miniature courses. 2. Park land. 3. Public and private wildlife reservations. 4. Publicly and privately owned or operated fire and/or public police stations. 5. Undeveloped natural land. *2 6. Utility services, but not including offices, waste water treatment plants, generating stations, and wireless communications towers and antennas, unless otherwise specifically permitted elsewhere in the ordinance. 7 Special Event Facility as an Accessory Use to a Clubhouse. A golf course operator ma develop and operate a •-cial event facility within or immediately ad'acent to a clubhouse, if those criteria listed below are met. A special event facility is a permanent buildin; that is developed for individual short-term special events at the clubhouse, including weddings, parties. meetings. golf tournaments and other similar events. The size limitations of the special event facility as noted below shall include any restrooms storage atas. r other portions of the building that are developed for the sole use of the s cial events facility. In the review of a building permit application for a s I-cial event facilit the Town may consider building elevations building materials.building color. landscaping. hours of operation signage parking duration and neighborhood impact Asa minimum the following standards shall apply: a. A special event facility shall be constructed using the same exterior building materials and paint color as the clubhouse. Unless s-rmitted b a development agreement. tents. membrane structures or similar buildings or structures are specifically prohibited. However. temporary single-event tent(s may be permitted by Temporary Use Permit pursuant to Section 5.16 of this Ordinance. b. Any golf course clubhouse may have a special event facility that is un to 2.400 square feet in size. regardless of the size of the clubhouse. A special event facility may be • eater than 2.400 square feet in size. but the special event facilit shall be no greater than thirty (30%) percent of the air-conditioned areas of the clubhouse. but not includin• an •elf cart to .•- .r maintenan - .re. .f th- clubhouse, c. In no case shall a special event facility be used between the hours of 12:00 AM and 6:00 AM on Friday and Saturday evenings. A special event facility shall not be used between the hours of 10:00 PM and 6:00 AM on Sunday through Thursday evenings However on holidays that occur on Sunday through Thursday evenings, the Director of Community Development may. with prior ap.roval, allow for a special event facility to be used until 12:00 AM instead of 10:00 PM. If the Director of Community Development determines that music or crowd noise ORDINANCE 00-15 PAGE 2 OF 3 has disturbed adjacent residential users. the Director of Communit Develo•ment, at his/her discretion and by certified letter t• the •olf course operator, ma further limit the hours of future special events. d. No additional parkin spaces are r-•uired to be provided for a special event facility However there shall be no non-golf-related events that utilize the special event facility that begin before 4.00 PM unless either additional on site parking for the facility is provided at a rate of one parking space per every 4 persons of the capacity of the special event facility or alte ative •arking . . • •oati•ns .nd tran •.rta i•n (if necessary) are provided and prior approval is given by the Director of Community Development. e There shall be no additional sienaee associated with the special event facility. PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona,this 7th day of September,2000. FOR THE TOWN OF F UNTAIN HILLS: ATTESTED TO: . -CZ )("41--)&4—) aron Morgan,Mayo / Cassie B.Hansen,Town Clerk REVIEW D BY: APPROVED AS TO FORM: e7/K1414; %/AS Paul L. rdin,Town Manager William E.Farrell,Town Attorney ORDINANCE 00-15 PAGE 3 OF 3 TOWN OF FOUNTAIN HILLS STAFF REPORT September 7,2000 CASE NO: SU2000-03 LOCATION: 15334 Golden Eagle Blvd. aka Plat 505-A,Block 1,Lot 8 REQUEST: Approval of a Special Use permit for a guesthouse. DESCRIPTION: OWNER: Kevin&Beryl Keesy APPLICANT: Kevin&Beryl Keesy EXISTING ZONING: "R1-35" LOT SIZE: 95,442 sq. ft. (2.19 acres) PROPOSED USE: 1 single family residence with a guest house. SURROUNDING LAND USES AND ZONING: NORTH: Single family and Hesperus Wash;zoned"R1-35" SOUTH: Single family&vacant;zoned "R1-35" EAST: Single family;zoned "R1-35" WEST: Single family;zoned "R1-35" SUMMARY: This request is for approval of a special use permit to allow a guest house, accessory to a single family residence, in a "R1-35" zoning district. The applicant has applied for a building permit, from the Town, for a single family residence and a guest house on June 19, 2000. The permit has been approved by most reviewing departments. The applicant cannot receive a building permit as submitted unless the Special Use Permit is approved. The proposed site plan meets all zoning standards for both the residence and the guest house. CODE REQUIREMENTS: Section 10.02 Permitted Uses C. Guest Houses are permitted by Special Use Permit in any Single-Family Zoning District if all of the following conditions exist: 1. Structure must conform to at least minimum setback requirements. 2. Must be located behind the front line of the primary structure Staff Report SU2000-03 Keesy Guesthouse August 10,2000 Page 2 of 3 3. May not exceed thirty (30) percent of the square footage of the livable area of the primary structure. 4. Shall be single story. 5. Must be connected to primary structure's utilities. 6. The lot or parcel must be at least 70,000 square feet in size. 7. May not be used for any commercial or non-residential uses.. FINDINGS OF FACT: 1. The accessory building intended to be used as a guest house does conform to the minimum setback requirements; is located behind the front line of the primary structure; single-story and is connected to the same utilities as the primary structure. 2. The primary structure living unit is 2,740 square feet. The guest house is 707 square feet (25.8%). 3. Plat 505-A,Block 1 Lot 8 is 95,442 square feet(2.19 acres). 4. The applicants state that they intend to use the guest house for a relative in ill health. 5. No objections have been received. The current application is in compliance with all of the special use permit conditions set forth in the Zoning Ordinance. Neither the main house nor the guest house has begun construction. The construction of both the primary residence and the guest house will be begun simultaneously, however the house cannot begin construction until the special use is approved by the Town Council as the guest house is an integral part of the structure The applicant is seeking approval of the special use permit to construct the guest house. ANALYSIS: The proposed house and guest house meet the requirements of the Zoning Ordinance. The house and guest house have been designed to be attached by a covered patio with no front door on the guest house. The applicant states that they have spoken with the neighbors to the west, and that they are pleased with the design. The structure is proposed to be placed up to the front setback and as the site slopes steeply downhill to the north there should be no interruption of views of adjacent neighbors that would not be realized from a standard single family home. The applicants are proposing a 6 % lot coverage where a maximum of 20% is available. Staff finds that the proposal meets with the code requirements and does not appear to have any negative impacts on surrounding neighbors. Staff Report SU2000-03 Keesy Guesthouse August 10,2000 Page 3 of 3 PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission heard this application at the August 10, 2000 Commission meeting. One property owner currently residing in Mesa expressed his opposition to the proposed guesthouse. The neighbor residing directly west of the proposed guesthouse and adjacent to the location of the proposed guesthouse spoke in support of the permit. There was little question or comment from the Commission and the application was unanimously recommended for approval by the Town Council. RECOMMENDATION: Based on the zoning code requirements, the proposed site layout, and the fact that this application is in compliance with all of the conditions outlined in the Zoning Ordinance, staff recommends approval of SU2000-03 a special use permit request for a guesthouse. L Town of Fountain Hills Memorandum DATE: September 1,2000 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder,Director of Community Development�\�� THROUGH: Paul L. Nordin,Town Manager SUBJECT: Consideration of Ordinance 00-19, an amendment to Chapters 5 and 10 of The Zoning Ordinance for the Town of Fountain Hills that would provide additional regulations and restrictions regarding lot size and lot width for proposed single-family-zoned lots so that resubdivided single-family-zoned lots are consistent in size and width with existing platted lots in the immediate vicinity. Several weeks ago the Town Council passed Ordinance 00-08 that amended Section 3.08,Lot Planning, of The Subdivision Ordinance of the Town of Fountain Hills. This amendment added regulations to ensure that when existing single-family zoned platted lots were resubdivided,the new lots would be compatible in lot size and lot width with neighboring platted lots in the same zoning district. Since the approval of Ordinance 00-08, the Town has been made aware that some property owners in Fountain Hills believe that the Town's adoption of Ordinance 00-08 violated their rights of due process. These property owners,through their attorney, believe that because Ordinance 00-08 affected minimum lot width and size regulations, that Ordinance 00-08 effectively rezoned their property without proper public notice or public hearings. Ordinance 00-08, like any ordinance amending the subdivision ordinance, was not legally required to be publicly advertised nor were public hearings required to be held. Therefore, in order to ensure that the Town is providing every opportunity to provide the public proper notice and the ability to testify on the matter during public hearings, staff is requesting the approval of the following amendment to The Zoning Ordinance for the Town of Fountain Hills. The process of the Town's consideration of this amendment will provide the public notice and the opportunities to testify at public hearings that these property owners desire. Making this amendment to The Zoning Ordinance for the Town of Fountain Hills will also clearly document the intent of Ordinance 00-08 in the Zoning Ordinance. This amendment should prove helpful to property owners,developers and land speculators so that if and when they investigate the possibility of resubdividing single-family zoned platted lots,the lot size and lot width compatibility regulations included in Ordinance 00-08 and in the proposed ordinance will be clearly presented in the Zoning Ordinance. On August 10, 2000 the Planning and Zoning Commission unanimously recommended Town Council approval of Ordinance 00-19. Staff also recommends Town Council approval of Ordinance 00-19. L TOWN OF FOUNTAIN HILLS ORDINANCE#00-19 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING CHAPTER 5, SECTION 5.03 AND CHAPTER 10, SECTION 10.09 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO PROVIDE ADDITIONAL REGULATIONS AND RESTRICTIONS REGARDING LOT SIZE AND LOT WIDTH FOR PROPOSED SINGLE-FAMILY ZONED LOTS SO THAT RESUBDIVIDED SINGLE FAMILY ZONED LOTS WOULD BE CONSISTENT IN SIZE AND WIDTH WITH EXISTING PLATTED LOTS IN THE SAME ZONING DISTRICT IN THE IMMEDIATE VICINITY. WHEREAS, The Town of Fountain Hills adopted Ordinance #93-22, on November 18, 1993, which adopted The Zoning Ordinance for the Town of Fountain Hills,and; WHEREAS, Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills, provides for a procedure to amend said ordinance,and; WHEREAS, The Town of Fountain Hills desires to amend its regulations to provide additional regulations and restrictions regarding lot size and lot width for proposed single-family- zoned lots so that resubdivided single-family-zoned lots are consistent in size and width with existing platted lots in the same zoning district in the immediate vicinity,and; WHEREAS, The procedures detailed in Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills have been followed,and; WHEREAS, The Town of Fountain Hills has rewritten Chapter 5, Section 5.03 and Chapter 10, Section 10.09 of The Zoning Ordinance for the Town of Fountain Hills and published these proposed text changes in the official newspaper of general circulation, The Times of Fountain Hills and Rio Verde on July 26,2000,August 2,9, 16,23 and 30, 2000 and; WHEREAS, Public hearings were advertised in the, and in the July 26, 2000, and in the August 2, 9, 16, 23 and 30, 2000 editions of The Times of Fountain Hills and Rio Verde, pursuant to Arizona Revised Statutes §9-462.04,and; WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission on August 10,2000 and by the Fountain Hills Town Council on September 7,2000. NOW THEREFORE,BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA AS FOLLOWS: Section 1. Pursuant to Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills, Chapter 5, Section 5.03 and Chapter 10, Section 10.09 of The Zoning Ordinance for the Town of Fountain Hills shall be amended as follows, with text to be added shown as double-underlined and text to be deleted shown as efessed-eur CHAPTER 5 GENERAL PROVISIONS 5.03 Redividing of Recorded Lots. A. No lot may be divided to create a lot not in conformance with these regulations. No lot shall be divided or combined in any manner other than through subdivision procedures as specified by the subdivision regulations of the Town of Fountain Hills. B. In addition to meeting the minimum lot width and lot area regulations of Section 10.09 of this ordinance, any proposed single-family zoned lot shall have a lot width and lot size that is consistent with the lot widths and lot sizes of existing platted lots in the immediate vicinity. Lot width consistency shall mean that no lot shall be created having less than tilov ninety(90)percent of the lot width of the average of all platted lots in the same zoning district that are located within 800 feet of the proposed lot. Lot size consistency shall mean that no lot shall be created having less than ninety(90)percent of the lot size of the verage of all platted lots in the same zonine district that are located within 800 feet o the proposed lot. CHAPTER 10 SINGLE-FAMILY RESIDENTIAL ZONING DISTRICTS: R-190,R1-43, R1-35,R1-35H,R1-18,R1-10,RI-10A,R1-8,R1-8A,R1-6,R1-6A 10.09 Density,Area,Building and Yard Regulations: The chart which follows specifies the minimum lot sizes, minimum lot width,maximum building heights, minimum yard setbacks, lot coverage percentages, and distance between buildings. L ORDINANCE 00-19 PAGE 2 OF 4 z 5 c o zl m m w; ULII wvn -^ av' �I III z m O CaW � � O C. n Z a W Oz F.O W '- O O N M 0 1¢ U U = p F rFi' O ul CC 14 O. F. 61 E v] F < O O 0 O O v1 O V'' O 1n O = C G %.p "I "et M N N N N N - F tr] < E Ur. 4 x < 0 m • arn U U ul 08 _ a z F U.) . p p p-p 'fl - ' -0 - . "Cl. .b Z i Z = .. E w A o o o 0 0 0 0 0 0 o Z _ � a x � CA LU - a CW 0.' FA vo N N N N N N N N O v] F `� Z ' d Fr Q ' o c4 Ki za ..1 ra [• >+ 3 maa a , r- : w G Q o 0 0 0 0 N N r- vn In Y. m i � UCII � aU E. .0 W p QQ '"" Z a Wiz Z d a F. o o o 0 0 0 0 ea o N o o aEal Ca Q -1 2 Oa D O „4 N o a0'a 0 F �. Q • v O Z A 0 W 0 0 0 0 0 0 0 0 0 0 0 � UZa � �' � Nfrl w M M M M M M M M M M M Lrx V m F .. = FF � O cr ci F V = C W 4 s .. , C < Zc, a - taa � � ¢ a _ al el O ` -AW gn vi v O COCc nF v] o0 000 �-, 00 a O gm Ea t24 o ° gfF � o .. FO ism '^ w W" Oi Wi Wu Wi WI WI Wi Wi Wi Ui P Q 2 F z = a � i 5Q� pp 8 pp S pp s cW E v F), O O O O O O O O $ . v a O p E-; cz O' a M o0 0 0 00 00 ,o a a a E7. Z x Z LQ = zmco . •r p = ..wCvga. ac � OU � U � ? l . E- ZO C U M v' Zo0 0 C00 Q z) Q s F < . - ayr0 r ar aas • 0a.cx a r a 0. ad 0 L. e0 .6 6 D 6 - Low PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona,this 7th day of September,2000. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Sharon Morgan,Mayor Cassie B. Hansen,Town Clerk REVIEWED BY: APPROVED AS TO FORM: Paul L.Nordin,Town Manager William E.Farrell,Town Attorney ORDINANCE 00-19 Page 4 of 4 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Town Council THROUGH: Paul Nordin,Town Manager FROM: Jeffrey Valder, Community Development Director` DATE: August 23, 2000 SUBJECT: Consideration of a replat splitting and existing residential lot into two lots. The applicant for this request is the Greg and Julia Maraston. They are requesting replat of their existing residential lot into two lots. The application does not meet the consistency requirements of the Subdivision Ordinance. Staff recommended denial of this replat to the Planning and Zoning Commission The Commission unanimously recommended denial of the request. Please see the attached report for specific details. TOWN OF FOUNTAIN HILLS PLANNING AND ZONING COMMISSION REPORT September 7, 2000 CASE NO: S2000-024 LOCATION: Re-Plat Fountain Hills Final Plat 203, Block 9, Lot9. REQUEST: Consider approval of a replat for Final Plat 203, Block 9, Lot 9, splitting the lot into two new lots. DESCRIPTION: OWNER: Greg &Julia Maraston APPLICANT: Greg &Julia Maraston EXISTING ZONING: "R1-18" EXISTING CONDITION: Lot developed with a single family home SURROUNDING LAND USES AND ZONING: NORTH: Single family &vacant: zoned "R1-18" SOUTH: Single family: zoned "R1-18" EAST: Single family &vacant: zoned "R1-18" WEST: Single family: zoned "R1-18" SUMMARY: This request is for preliminary plat approval of a Replat for "Final Plat 203, Block 9, Lot 9" which splits the lot into two lots. The applicant proposes to add a new lot line running north south creating two lots off of Inca Avenue. The applicants, Greg & Julia Maraston, have applied to reconfigure this lot by adding a common lot line. The existing home was constructed in the northeast corner of the existing lot 9. The applicants propose to create lot 9B under the existing home, which would be a 1.03 acre lot with 164 feet of lot frontage on Inca Ave. Lot 9A is proposed to be a 1.0 acre lot with 145 feet of lot frontage on Inca Ave. The new configuration will meet all the requirements of the "R1-18" Zoning District for size and dimensions. However the Subdivision Ordinance requires continuity with 90%of all of the lots located within the same Zoning District within 800 feet of the proposed lot split. Staff analyzed the lots within the 800 foot radius from the proposed lots boundaries. Staff analysis concluded that of the 45 lots found in the radius the average lot width is 175.99 feet with an average lot size of 1.406 acres. The 90th percentile of these lots is a lot width of 158.39 feet and a lot area of 1.26 acres. The applicant could adjust lot 9B to the 158.39 feet in width transferring the extra 5.61 feet to lot 9A. This , however only brings lot 9A to 150.61 feet still short of the 158.39 feet required. In regards to the lot area, neither proposed lot would meet the 1.26 acre requirement. The proposed Hillside Protection Easements must be adjusted to remove the corner of Inca Drive and Manitou Court from the H.P.E. Staff visited the site to insure that the proposed development envelope was buildable and that the H.P.E.'s were accurate. The proposed development envelope appears to be buildable especially for a walk-out type home however the aforementioned corner has already been fully landscaped and therefore cannot be included as a part of the H.P.E. Therefore the slope ananlysis map must be adjusted accordingly. Staff has no assurances that with the adjustment that the lot will be able to maintain minimum H.P.E. requirements. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission reviewed this application on July 13, 2000, and recommended denial. The Commission felt that this denial was appropriate due to the recent adoption of the consistency requirement of the Subdivision Ordinance. The attorney for the applicant stated that he felt that this was a rezoning without the benefit a of notice to the land owners and asked that the Commission not consider the consistency requirements as he felt that this was a taking of his clients property. Neighbors addressed the Commission in support of the recommendation for denial stating that they had intentionally purchased land in this area due to the large lots and the low density. RECOMMENDATION: The proposed lots are in compliance with the regulations The Zoning Ordinance for the Town of Fountain Hills for lot width and area, however cannot meet the continuity requirements from The Subdivision Ordinance of the Town of Fountain Hills. Additionally the proposed H.P.E.'s on lot 9B are not accurate per the staff site visit. The Planning and Zoning Commission recommends DENIAL of replat S2000-024" Final Plat 203, Block 9, Lot 9". oliii ov�' � • w�� TOWN OF FOUNTAIN HILLS /4,4: 0 COMMUNITY DEVELOPMENT DEPARTMENT Date Filed Fee Paid Accepted,By /�A- Y-- /• o?OQ o ;� /)c c) • r i , Plat ame/Number R,Ga` 3 ,asks ,eECQ2�E�,/.� eoo. i�S a, ,p r l✓ 29• .gam nyeeec 4 /.v .�o.e!So o.�/44-Ps G _.2f ,c1Co e2.t o.4-sll.o,erCc/0•g CD0 402-cotA ,r E'AfC AL Ghao2fro.-► Q��cfrso,a .2.? /• 3. Number of LotsS..r�E,6 E'cc .2.Ai�C Parcel Size c ,0.3 Ar'42�S' aZ- Number of Tracts ng A8 General Plan Land Use Designation /CC Density Requested(Dwelling Units Per Acre) Applicant(g c /'Z4rq ,3609.004,4 t,.i Dail hone s-->a Address City ST Zip "/. xl - 6.268 Owner Day Phone Address City ST Zip Attachments(Please list), C../f 02.a .4.4sio., 4,09-ci-.s'a- ff 4 411 -` re of Owner I HERBY AUTHORIZE (Please Print) Date LA 0 ef(/, au Wi%s, JO. ti 4 p,hJ TO FILE THIS APPLICATION. k. Subscribed and sworn before me this day of % ►�1 My Commission Expires k \� Notary Public N (Seal) TFH Case Number t ' Fee Schedule Attached 4/7:1 1619 1.16 91'S/ S Al ,atwomo 1r Of SVBt-L[9(O9o) 1VId 11114 99Z 9 VNOZ •S114 If INrOe 031011 SY '"' t JD I r".\ 6 101 6 N�OIB �OZ 1Vld PO/311(IS 34V M3NMtlVd'3 9IL9t Nog rrnr pp rrra 111 1.11131139VNVIII?9N113310113 A101081N011 -r nur.— NOlSVHVA 93N`J I Ill, a !IIMIR:00 i da 1 4! I li 11 : IP 1; 1 iiiill tCI1ffiJhJIk .� rj • 1111141i O I!! E i s' n li -af 410414 - -9 1 I i il 01 di hill IS 6 r rg 1< 1 i I `a a o r►I 1 111 / ,� s %wi 7it •�' 0)Ce2 ` �g• 9 cn sn OO ^ a 5p5 its ' NQ r O � � �� S QQsQs • ,� `7rH \\ 4 M r P\otitzt 0." !IL u Fal ' p MM 1 e \T.:A z."----. EMR5 «R 4 15 i,[. N � w \ O H O \\ A. O J I t .; \ %‘° \\ gn e icy. \ ii -,... ,...4.' \ ' ' E z \ . El I— 1 '°—t'a'r'— '--\ . , , 1 _. i ,42 33,‘ iii il, . 11 ib 1 i / \ nm.,� 1Si L 111: tiiiiill in 'Ie6 co s INI1 O {lll�xx' ;�g 1 ,-; 4,,, ;'t?,,r,,,. .1 a leltilll $Y< I {it/s s <m� TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Town of Fountain Hills Planning and Zoning Commission VIA: Paul Nordin,Town Manager FROM: Dana Burkhardt,Planner DATE: August 18, 2000 SUBJECT: Consideration of a text amendment for Chapter 12 Section 12.02.0 & Section 12.05 & 12.06, allowing Automotive Fuel Dispensing Stations and Convenience Stores only by special use permit in the "C-2 & C-3" zoning district. This is a request by staff to amend The Zoning Ordinance for the Town of Fountain Hills which would require any Automotive Fuel Dispensing Station and any Convenience Store proposed to be located within the "C-2 & C-3" zoning district. to be approved by a special use permit. Currently an Automotive Fuel Dispensing Station may be approved by special use in the "C-C & C-1" zoning districts with a limit of four dispensing units serving a maximum of eight cars simultaneously. An Automotive Fuel Dispensing Station is currently a use by right in the "C-2 & C-3" zoning districts. Convenience stores are not specifically delineated within the Zoning Ordinance and may fall under several categories (Deli's, Food Stores, Variety Stores, etc.). By specifying this use as a special use the use can only be approved in this manner. The proposed amendment would make the approval of either use together or as separate uses a discretionary action by the Town Council. Staff will be bringing forward a text amendment which proposes review standards for these uses. These are based on the City of Scottsdale design review criteria for gas stations and convenience stores The Planning and Zoning Commission initiated this text amendment on June 8, 2000 and heard the staffs' report on July 13, 2000. The Commission unanimously recommended approval of the proposed text amendment The Zoning Ordinance currently reads as follows: CHAPTER 12 COMMERCIAL ZONING DISTRICTS 12.02 Permitted Uses. C. Additional Uses Permitted in C-2 and C-3 Zoning Districts are as follows: 1. Automobile laundries, provided steam cleaning is confined to an enclosed building. 2. Automobile repair shops and garages, including an outside vehicle storage area to be used only for vehicles under repair which shall be completely screened from any street or surrounding property, and further provided all repair operations are conducted within a building. 3. Automotive fuel dispensing stations. 4. Bars, including retail sales of package goods for off-site consumptions, provided that there is no entertainment or music audible off-site. No adult entertainment. 5. Blueprint, photostatic and reproduction (copy) services. 6. Catering establishments not utilizing any manufacturing process or outside storage of materials or vehicles. 7. Conservatories or studios: Art,dancing or music. 8. Drive-in restaurants and refreshment stands. 9. Electrical fixtures and appliance sales repair and service. 10. Furniture stores: New, used,finished or unfinished;No manufacturing. 11. Health spas and public gyms. 12. Hotels and Motels. 13. Laboratories, medical or dental. 14. Liquor stores. 15. Parking lots and public garages, subject to parking standards in Chapter 7. 16. Plumbing shops. 17. Pool halls or billiard centers. 18. Radio and television broadcasting stations and studios, but not including transmitter towers and stations. 19. Restaurants and cafes, including enclosed patio with or without cocktail lounges,provided that there is no entertainment or music audible off-site. 20. Retail stores. 21. Theaters, but not including a drive-in theater and adult oriented facilities as defined under Chapter 1, Section 1.12 of this Ordinance. 22. Trade schools. 23. Upholstery shops. 24. Veterinary hospitals and clinics for animals, subject to: a. Animals shall not be boarded or lodged except for short periods of observation incidental to care or treatment. b. Animals shall be kept within a completely enclosed building which shall be constructed and maintained as to prevent objectionable noise and odor outside the walls of the building. c. No kennels or exercise runs will be permitted. d. All refuse shall be stored within the enclosed building or within odor proof containers. 25. Accessory buildings and uses customarily incidental to the above. (ki,,, Because no list of uses can be complete, decisions on unspecified uses will be rendered by the Community Development Director with appeal to the Town Council. 12.05 Uses Subject to Special Use Permits in C-2 Zoning Districts Only: A. Art metal and ornamental iron shops. B. Building and landscape material sales, provided all incidental equipment and supplies are kept within a completely enclosed building or within an area enclosed on all sides by a solid masonry, concrete or earthen product wall not less than eight (8)feet in height, shall be required. Further, any access gates shall be constructed of view-obscuring materials to provide effective site-screening. Approval of the alternative screening methods not listed above shall be by the Council. No goods, materials or objects may visible above the wall. C. Cabinet and carpentry shops. D. Nurseries, flower and plant sales, provided all incidental equipment and supplies including fertilizer and empty cans, are kept within a completely enclosed building or within an area enclosed on all sides by a solid masonry, concrete or earthen product wall not less than eight (8) feet in height, shall be required. Further, any access gates shall be constructed of view-obscuring materials to provide effective site-screening. Approval of the alternative screening methods not listed above shall be by the Council. No goods, materials or objects may be stacked higher than the fence or wall so erected. E. Printing, lithography and publishing establishments. F. Rental services: Household construction, landscaping, sickroom or office equipment; but not equipment customarily used for heavy construction. Outdoor storage must be screened from public and adjoining property view. G. Taxidermists. *3 H. New and used automobile, including outside display area, provided all sales and repair activities are conducted within a building. *8 I. Vehicle storage facilities, at a minimum, the following regulations are placed upon any such a use: 1. Any outdoor lighting shall be placed so as to reflect light away from any adjoining residential zoning district. 2. Required yards adjacent to any street shall be landscaped and shall not be occupied by any use or structure including parking or loading spaces except for drives and roadways, signs and lighting as permitted in this ordinance, (kla,,,. 3. Site enclosure and screening requirements the vehicle storage facilities shall be enclosed to provide effective site screening from adjoining properties, uses or streets by the use of eight (8) foot high solid masonry walls. The vehicle storage facility enclosure shall not encroach into any required setback area, 4. All vehicles being stored or parked shall be licensed and be in operating order, no wrecked or inoperable vehicles may be stored in a vehicle storage facility. 5. Landscape requirements, minimum site landscape requirements are as follows: (Note: the Town Council or the Planning and Zoning Commission May impose additional landscape requirements.) A. Any part of a site not used for buildings, parking, driveways, storage yard, sidewalks, etc. shall be landscaped and maintained in accordance with an approved landscape plan. B. Landscaped areas shall include an approved mixture of drought tolerant or other plant materials, and organic and non-organic ground cover materials. Landscaping shall consist of one plant for each 20 ( square feet of landscape area, at least twenty-five (25) percent of the ilk,, plants shall be 15 gallon or greater plants and the remaining plants must be at least five gallon plants, the approval of the above mixture of landscape materials shall be by the Community Development Department staff with appeal to the Planning and Zoning Commission. C. An automatic irrigation system shall be provided and maintained to all landscaped areas requiring water. D. All landscaped areas adjacent to vehicular parking and access areas shall be protected by six (6)inch vertical concrete curbing in order to control storm water flows and minimize damage by vehicular traffic, 6. All uses shall be maintained in such a manner that they are neither obnoxious nor offensive by reason of emission of odor, dust, smoke, gas, noise, vibration, electromagnetic disturbance, radiation or other similar causes detrimental to the public health, safety or general welfare. 7. The storage yard must be surfaced with a dust free material approved by the town engineer. *1 12.06 Uses Subject to Special Use Permits in C-3 Zoning Districts Only 1. Construction equipment, including sales, service, rental and storage. At a minimum,the following regulations are placed upon any such a use: A. Any outdoor lighting shall be placed so as to reflect light away from any adjoining residential Zoning District. B. Required yards adjacent to any street shall be landscaped and shall not be occupied by any use or structure including parking or loading spaces except for drives and roadways, signs and lighting as permitted in this Ordinance. C. Site Enclosure and Screening Requirements. Construction equipment storage yards shall be enclosed to provide effective site screening from adjoining properties, uses or streets by the use of walls, berms and landscape plantings or combinations thereof as follows: (1) Automobile parking areas shall be screened from any adjacent residential zoning district. All parking areas shall be landscaped by at least ten (10)feet of landscaping. (2) A solid masonry, concrete or earthen product wall not less than eight (8) feet in height, shall be required. Further, any access gates shall be constructed of view-obscuring materials to provide effective site screening. Approval of the alternative screening methods listed above shall be by the Council. (3) No outdoor industrial use or enclosure thereof shall encroach into any required setback area and no facility, storage products or materials shall exceed the height of any such enclosure. (4) Landscape Requirements. Minimum site landscape requirements are as follows: (Note: the Town Council or the Planning and Zoning Commission may impose additional landscape requirements.) a. Any part of a site not used for buildings, parking, driveways, storage, loading, sidewalks, etc. shall be landscaped and maintained in accordance with an approved landscape plan. b. Landscaped areas shall include an approved mixture of drought tolerant or other plant materials, and organic and non-organic ground cover materials. The approval of the above mixture of landscape materials shall be by the Community Development Department staff with appeal to the Planning and Zoning Commission. c. An automatic irrigation system shall be provided and maintained to all landscaped areas requiring water. d. All landscaped areas adjacent to vehicular parking and access areas shall be protected by six (6) inch vertical concrete curbing in order to control storm water flows and minimize damage by vehicular traffic. D. All uses shall be maintained in such a manner that they are neither obnoxious nor offensive by reason of emission of odor, dust, smoke, gas, noise, vibration, electromagnetic disturbance, radiation or other similar causes detrimental to the public health, safety or general welfare. E. The storage yard must be surfaced with a dust free material approved by the Town Engineer. *5 2. Temporary Vehicle Storage Facilities. At a minimum, the following regulations are placed upon any such a use: A. Any outdoor lighting shall be placed so as to reflect light away from any adjoining residential zoning district. B. Required yards adjacent to any street shall be landscaped and shall not be occupied by any use or structure including parking or loading spaces except for drives and roadways, signs and lighting as permitted in this ordinance. C. Site Enclosure and Screening Requirements. Temporary vehicle Storage Facilities shall be enclosed to provide effective site screening from adjoining properties, uses or streets by the use of walls, berms and landscape plantings or combinations thereof as follows: (1) Automobile parking areas outside of the vehicle storage yard shall be screened from any adjacent residential zoning district. All parking areas outside of the temporary storage facility shall be landscaped by at least ten (10)feet of landscaping. (2) A solid masonry,concrete or earthen product wall not less than eight (8) feet in height, shall be required. Further, any access gates shall be constructed of view-obscuring materials to provide effective site screening. Approval of the alternative screening methods listed above shall be by the Council. (3) The temporary vehicle storage yard enclosure shall not encroach into any required setback area and no vehicles or materials shall exceed the height of any such enclosure. No vehicles may be stacked on other vehicles. (4) Landscape Requirements. Minimum site landscape requirements are as follows: (Note: the Town Council or the Planning and Zoning Commission may impose additional landscape requirements.) a. Any part of a site not used for buildings, parking, driveways, storage yard, sidewalks, etc. shall be landscaped and maintained in accordance with an approved landscape plan. b. Landscaped areas shall include an approved mixture of drought tolerant or other plant materials, and organic and non-organic ground cover materials. Landscaping shall consist of one plant for each 20 square feet of landscape area. At least twenty-five (25) percent of the plants shall be 15 gallon or greater plants and the remaining plants must be at least five gallon plants. The approval of the above mixture of landscape materials shall be by the Community Development Department staff with appeal to the Planning and Zoning Commission. c. An automatic irrigation system shall be provided and maintained to all landscaped areas requiring water. d. All landscaped areas adjacent to vehicular parking and access areas shall be protected by six (6) inch vertical concrete curbing in order to control storm water flows and minimize damage by vehicular traffic. D. No vehicle may be stored in the facility for more than one hundred-eighty (180)days. E. The facility is for the temporary storage of abandoned, wrecked or legally- impounded automobiles, boats, or other vehicles regardless of running condition. Such a facility is not to be used for the dismantling of any vehicle, the storage of any vehicle parts, nor the retailing or wholesaling of any vehicle or vehicle parts. F. All uses shall be maintained in such a manner that they are neither obnoxious nor offensive by reason of emission of odor, dust, smoke, gas, noise, vibration, electromagnetic disturbance, radiation or other similar causes detrimental to the public health, safety or general welfare. G. The storage yard must be surfaced with a dust free material approved by the Town Engineer. The Planning and Zoning Commission and staff recommend that the text be amended as follows with additions being double underlined and deletions being eresseel-eut: CHAPTER 12 COMMERCIAL ZONING DISTRICTS 12.02 Permitted Uses. (11119 C. Additional Uses Permitted in C-2 and C-3 Zoning Districts are as follows: 1. Automobile laundries, provided steam cleaning is confined to an enclosed building. 2. Automobile repair shops and garages, including an outside vehicle storage area to be used only for vehicles under repair which shall be completely screened from any street or surrounding property, and further provided all repair operations are conducted within a building. 3 43. Bars, including retail sales of package goods ... 54. Blueprint,photostatic and reproduction (copy) services. 65. Catering establishments not utilizing any manufacturing ... 96. Conservatories or studios: Art, dancing or music. K. Drive-in restaurants and refreshment stands. 98. Electrical fixtures and appliance sales repair and service. +09. Furniture stores: New, used, finished or unfinished;No manufacturing. +f1 . Health spas and public gyms. fir.. +211. Hotels and Motels. +312. Laboratories,medical or dental. 4413. Liquor stores. +514. Parking lots and public garages, subject to parking standards in Chapter 7. +615. Plumbing shops. + 'i . Pool halls or billiard centers. +817. Radio and television broadcasting stations ... +918. Restaurants and cafes, including enclosed patio ... 2819. Retail stores. 2420. Theaters,but not including a drive-in theater and ... 2221. Trade schools. L. 2322. Upholstery shops. 2423. Veterinary hospitals and clinics ... 2524. Accessory buildings and uses customarily incidental to the above. Because no list of uses can be complete, decisions on ... 12.05 Uses Subject to Special Use Permits in C-2 Zoning Districts Only: A. Art metal and ornamental iron shops. B. Automotive fuel dispensing stations. BC. Building and landscape material sales, ... ED. Cabinet and carpentry shops. E. Convenience stores BF. Nurseries,flower and plant sales, ... ECG. Printing,lithography and publishing establishments. FH. Rental services: Household construction, landscaping, ... FI. Taxidermists. HJ. New and used automobile, including outside display ... 1K. Vehicle storage facilities, at a minimum, the following ... 12.06 Uses Subject to Special Use Permits in C-3 Zoning Districts Only A. Automotive fuel dispensing stations. +B. Construction equipment,including sales, service,rental and ... C. Convenience stores 2D. Temporary Vehicle Storage Facilities. At a minimum,the following ... TOWN OF FOUNTAIN HILLS ORDINANCE 00-20 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, AMENDING CHAPTER 12, SECTION 12.02.C, SECTION 12.05 & SECTION 12.06 OF THE ZONING ORDINANCE OF THE TOWN OF FOUNTAIN HILLS BY AMENDING THE REQUIREMENTS FOR FUEL DISPENSING STATIONS AND CONVENIENCE STORES BY MAKING THESE USES PERMITTED BY SPECIAL USE PERMIT ONLY WITHIN THE "C-2 & C-3" ZONING DISTRICTS. WHEREAS, The Town of Fountain Hills adopted Ordinance #93-22, on November 18, 1993, which adopted the Zoning Ordinance for the Town of Fountain Hills; and WHEREAS, Chapter 2, PROCEDURES. Section 2.01, Amendments or Zone Changes. establishes the authority and procedures for amending the zoning ordinance; and WHEREAS, Public hearings were advertised in the June 28,July 5, 12, August 23, 30 and September 6, 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 July 13, 2000 and the Mayor and Common Council on September 7, 2000. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Section 1. The Town of Fountain Hills Zoning Ordinance, Chapter 12 Section 12.02.C, 12.05 and 12.06 of the Zoning Ordinance of the Town of Fountain Hills Shall be amended by removing Fuel Dispensing Stations and Convenience Stores as allowed uses by right within the "C-2 & C-3" Zoning Districts and requiring these uses to be permitted only by Special Use Permit within the "C-2 & C-3" Zoning Districts as shown in Exhibit "A". _ FAIL c 7— CO MOTION Pi chc� SECOND Pi COUNT �—� r► L PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 7th day of September, 2000. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Sharon Morgan, Mayor Cassie B. Hansen, Town Clerk RE D BY: APPROVED AS TO FORM: edit..„PitAS aul . r , To n anager William E. Farrell, Town Attorney L Ordinance 00-20 Page 2 of 5 EXHIBIT"A" CHAPTER 12 COMMERCIAL ZONING DISTRICTS 12.02 Permitted Uses. C. Additional Uses Permitted in C-2 and C-3 Zoning Districts are as follows: 1. Automobile laundries, provided steam cleaning is confined to an enclosed building. 2. Automobile repair shops and garages, including an outside vehicle storage area to be used only for vehicles under repair which shall be completely screened from any street or surrounding property, and further provided all repair operations are conducted within a building. —automotive fuel dispensing stations. 43. Bars, including retail sales of package goods ... 64. Blueprint, photostatic and reproduction (copy) services. 65. Catering establishments not utilizing any manufacturing ... .76. Conservatories or studios: Art, dancing or music. 87. Drive-in restaurants and refreshment stands. 98. Electrical fixtures and appliance sales repair and service. -1-99. Furniture stores: New, used, finished or unfinished; No manufacturing. +1-10. Health spas and public gyms. -1-211. Hotels and Motels. �312. Laboratories, medical or dental. -1-413. Liquor stores. 14. Parking lots and public garages, subject to parking standards in Chapter 7. Ordinance 00-20 Page 3 of 5 15. Plumbing shops. +1 b. Pool halls or billiard centers. +817. Radio and television broadcasting stations ... -1-918. Restaurants and cafes, including enclosed patio ... 2019. Retail stores. 2+20. Theaters, but not including a drive-in theater and ... 2221. Trade schools. 2322. Upholstery shops. 2423. Veterinary hospitals and clinics ... 2624. Accessory buildings and uses customarily incidental to the above. Because no list of uses can be complete, decisions on ... 12.05 Uses Subject to Special Use Permits in C-2 Zoning Districts Only: A. Art metal and ornamental iron shops. B. Automotive fuel dispensing stations. BC. Building and landscape material sales, ... GD. Cabinet and carpentry shops. E. Convenience stores 9F. Nurseries, flower and plant sales, ... EG. Printing, lithography and publishing establishments. FH. Rental services: Household construction, landscaping, ... GI. Taxidermists. HJ. New and used automobile, including outside display ... 1K. Vehicle storage facilities, at a minimum, the following ... Ordinance 00-20 Page 4 of 5 12.06 Uses Subject to Special Use Permits in C-3 Zoning Districts Only A. Automotive fuel dispensing stations. +B. Construction equipment, including sales, service, rental and ... C. Convenience stores 2D. Temporary Vehicle Storage Facilities. At a minimum, the following ... L Ordinance 00-20 Page 5 of 5 MEMORANDUM TO: Honorable Mayor and Town Council FROM: Art Candelarik Civil Enginee �1t REVIEWED: Tom W• •, In) Town E ' ,rt /ld�'J• THROUGH: Paul L.,1, • • •wn Manage DATE: August .'9, 2000 RE: Notification of Acce• a nce Grant of Easement EAA99-07 10' Sidewalk Easement Mountainside Drive and El Lago Boulevard Shepherd of the Hills Lutheran Church has granted a Sidewalk Easement located at Mountainside Drive and El Lago Boulevard, as described in Exhibit "A" and depicted in Exhibit "B" attached. In accordance with our normal procedure, no Council action is required for a grant of an easement. This memo is merely for your information. cc: Shepherd of the Hills Lutheran Church L G:\Easement Memo\EAA99-07 Memo Grant of Sidewalk EA-Mountainside&El Lago When Recorded Return To: Town Engineer Town of Fountain Hills P.O. Box 17958 Fountain Hills, AZ 85269 GRANT OF EASEMENT Shepherd of the Hills Lutheran Church grantor, for good and valuable consideration, hereby grants to the Town of Fountain Hills, Arizona, grantee, a municipal corporation, its successors and assigns, and to public utilities, a perpetual easement for the following purposes, namely: 10' Sidewalk Easement- Mountainside Drive and El Lago Blvd. on, over, under and across the ground embraced within the aforementioned plat as described in Exhibit "A" and as depicted in Exhibit "B", situated in the Town of Fountain Hills, State of Arizona. Grantor covenants that grantor is lawfully seized and possessed of this aforementioned tract or parcel of land; that grantor has good and lawful right to sell and convey it; and that grantor will warrant the title and quiet possession thereto against the claim of any person whatsoever. Dated this S day of , 2000. By: F., c By: OFFICIAL SEAL STATE OF ARIZONA ) = Janice E. Sieber Sr ) SS. - ' ^ NOTARY PUBLIC-AR1; County of Maricopa ) M' �KCO A r` v SUBSCRIBED AND SWORN TO BE before me this 5 day of(-) ...ga-yr 2000 by 9A 1b . Jo gL • Notary Public My Commission Expires: L EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 3 NORTH, RANGE 6 EAST OF THE GILL AND SALT RIVER BASE AND MERIDIAN, MAR.COUNTY, ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 2 SAID PARCEL OF LAND BEING A PORTION OF PARCEL A BEING DESCRIBED AS FOLLOWS: U O COMMENCING AT THE NORTH EAST CORNER OF SAID PARCEL A, >, THENCE S20'38'08"W A DISTANCE OF 311.76' TO A POINT ON THE ARC "C1" HAVING A o RADIUS OF 50.00', A LENGTH OF 78.54, A CHORD OF 70.71' WHICH BEARS S65'38'08"W; THENCE TO A POINT ON THE ARC "C2" HAVING A RADIUS OF 542.00', A LENGTH OF 363.12, A CHORD OF 356.36, WHICH BEARS N88'33'26"W TO THE TRUE POINT OF d BEGINNING; o THENCE TO A POINT HAVING A BEARING OF S72'15'00"W A DISTANCE OF 135.00'; THENCE TO A POINT ON THE ARC "C3" HAVING A RADIUS OF 608.00' A LENGTH OF 188.36', A CHORD OF 187.60' WHICH BEARS S81'07'30"W; o THENCE TO A POINT ON THE ARC "C4" HAVING A RADIUS OF 20.00' A LENGTH OF 31.42', A CHORD OF 28.29' WHICH BEARS N45'00'00"W; THENCE TO A POINT HAVING A BEARING OF NO0'00'02"E A DISTANCE OF 338.00'; N THENCE TO A POINT ON THE ARC "C5" HAVING A RADIUS OF 470.00' A LENGTH OF 24.06', A CHORD OF 24.06' WHICH BEARS NO1'29'54"E; 00 THENCE TO A POINT HAVING A BEARING OF N90'00'00"E A DISTANCE OF 10.00'; THENCE TO A POINT ON THE ARC "C6" HAVING A RADIUS OF 460.00' A LENGTH OF 24.06', Stir A CHORD OF 24.06' WHICH BEARS N01'29'54"E; THENCE TO A POINT HAVING A BEARING OF SOO'00'02"W A DISTANCE OF 338.00'; THENCE TO A POINT ON THE ARC "C7" HAVING A RADIUS OF 10.00' A LENGTH OF 15.72', A CHORD OF 14.15' WHICH BEARS S45'00'00"E; THENCE TO A POINT ON THE ARC "C8" HAVING A RADIUS OF 598.00' A LENGTH OF 9 185.26', A CHORD OF 184.52' WHICH BEARS N81'07'30"E; 00 THENCE TO A POINT HAVING A BEARING OF N7715'00"E A DISTANCE OF 135.00'; o ] THENCE S1 T45'00"E A DISTANCE OF 10.0' TO THE TRUE POINT OF BEGINNING. 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