No preview available
HomeMy WebLinkAbout2001.0118.TCREM.Packet la'rA.IN.44Pl NOTICE OF REGULAR AND EXECUTIVE 0 o SESSION OF THE yv. tVE 1959 i at isAg ' FOUNTAIN HILLS TOWN COUNCIL Mayor Morgan Councilman McNeill Vice Mayor Hutcheson Councilman Wyman Councilman Kavanagh Councilwoman Fraverd Councilwoman Ralphe WHEN: THURSDAY, JANUARY 18, 2001 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 (kw _--- 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, AND A.R.S. §38-431.03.A.3, 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 or in settlement discussions conducted in order to avoid or resolve litigation; specifically MCO Committee v. Town of Fountain Hills (Referendum), Town of Fountain Hills v. MCO Properties (Eminent Domain); MCO Properties v. Town of Fountain Hills (Contemplated Litigation regarding the Subdivision Ordinance); AND discussion or consultation with the attorneys for legal advice regarding the Los Arcos Multipurpose Facilities District. Fountain Hills Town Council Meeting Agenda Regular and Executive Session October 5,2000 2.) RETURN TO REGULAR SESSION • 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 January 2,4 and 9,2001. *2.) Consideration of the SPECIAL EVENT REQUEST submitted by Kenny Krell for the Fountain Hills High School 5K walk/run scheduled for Sunday, March 4, 2001. The race, that begins and ends at the High School, is scheduled to begin at 8:00 a.m. and conclude by 11:00 a.m. Although traffic may be temporarily interrupted,no street closures are required. *3.) Consideration of RESOLUTION 2001-03 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easement located along the northerly property line of Plat 603-B,Block 1, Lot 39 (15510 E. Chicory Drive) as recorded in Book 161 of Maps, Page 41 records of Maricopa (bw County,Arizona. (Jon V. Brady)EA00-34 *4.) Consideration of RESOLUTION 2001-04 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easement located along the southerly property line of Plat 212, Blk 4, Lot 17 (16703 Oxford Drive) as recorded in Book 141 of Maps, Page 17 records of Maricopa County, Arizona. (Chris Gierszewski)EA00-35 *5.) Consideration of RESOLUTION 2001-05 abandoning the existing public ingress/egress and general easements located along the northerly portion of Tract D (labeled as proposed Tract D-1) of the Crossroads Convenience Center plat as recorded in Book 336 of Maps, Page 01 records of Maricopa County,Arizona. (Staff Initiated Proposal)EA00-33 *6.) Consideration of RENEWING the slurry seal annual contract. *7.) Consideration of ORDINANCE 01-01 amending the Fountain Hills Town Code, Chapter 12, Traffic, Article 12-1, Administration, Section 12-2-2, Traffic Control Devices; Speed Limits, by amending Paragraph C of said section to reflect a decrease in the speed limit on Fountain Hills Boulevard at Ironwood Drive northward to Palisades Boulevard,from 45 mph to 35 mph. *8.) Consideration of a PRELIMINARY AND FINAL PLAT for the Desert Sage Condominiums, a 42-unit condominium project located on a 84,900 square foot lot at 16631 E. El Lago Boulevard, Case Number S2000-048. *9.) Consideration of a PRELIMINARY AND FINAL PLAT for the Brunswick Place Condominiums, a 2- unit condominium project located on a 10,193± square foot lot at 16424 E. Ashbrook Drive, Case Number S2000-049. L, Town of Fountain Hills Page 2 of 4 Last printed 01/17/01 1:23 PM Town Council Meeting Agenda Regular Session January 18,2001 *10.) Consideration of a PRELIMINARY AND FINAL PLAT for The Fairfax Condominiums, a 2-unit condominium project located on a 10,324± square foot lot at 16641 E. Fairfax Drive, Case Number S2000-050. *11.) Consideration of RESOLUTION 2001-06 abandoning whatever right, title, or interest the Town has in a portion of the certain Hillside Protection Easement, and the accepting of a new Hillside Protection Easement for Cuesta Acres, Lot 4 recorded in Book 460 of maps, page 29 records of Maricopa County, Arizona, aka 16141 E. Thistle Drive, Case Number HPE2000-02.EA *12.) Consideration of AWARDING THE BID for the purchase of 36 computers approved in the 2000/2001 budget to Transource Computers in the amount of$25,077.60. 13.) Consideration of APPROVING the Master Plan for Four Peaks Neighborhood Park Phase II. 14.) Consideration of RESOLUTION 2001-01 approving the application for local, regional and state parks funding for Four Peaks Neighborhood Park Phase II. 15.) Consideration of the TEMPORARY USE PERMIT application submitted by Emerald Mesa Villas to allow one of the existing units at 16107 East Emerald Drive to be used as a sales model for the remaining units. 16.) Consideration of ORDINANCE 01-02 amending the Town Code, Chapter 7, Buildings and Building Regulations by amending Section 7-10-8, to provide for the imposition of a Town Marshal development fee on all new non-residential development payable at the time of building permit issuance to provide for necessary communications systems and patrol and other vehicles to serve projected demand resulting from new non-residential development over the period 2000 to 2020 at the level of service (LOS) standard currently being provided in the town; providing for severability; and providing for an effective (Fliw date. 17.) Consideration of ORDINANCE 01-03 amending the Town Code, Chapter 7, Buildings and Building Regulations by amending Section 7-10-12, to provide for the imposition of a General Government development fee on all new non-residential development payable at the time of building permit issuance to provide for necessary land purchases,buildings and improvements to existing town-owned buildings to serve projected demand resulting from new non-residential development over the period 2000 to 2020 at the level of service (LOS) standard currently being provided in the town; providing for severability; and providing for an effective date. 18.) Consideration of ORDINANCE 01-04 amending the Town Code, Chapter 7, Buildings and Building Regulations by amending Section 7-10-9, to provide for the imposition of a Street development fee on all new non-residential development payable at the time of the building permit issuance to provide for necessary arterial street widening, street buildings, traffic signals and street vehicles to serve projected demand resulting from new non-residential development over the period 2000 to 2020 at the level of service(LOS) standard currently being provided in the town;providing for severability; and providing for an effective date. 19.) PUBLIC HEARING on ORDINANCE 01-07 amending the "R-3 R.U.P.D." zoning designation for Club Mirage to allow a restaurant facility to be located at Mirage Health, 14815 N. Fountain Hills Blvd., aka Club Mirage, Case Number Z2000-16. 20.) Consideration of ORDINANCE 01-07 amending the"R-3 R.U.P.D."zoning designation for Club Mirage to allow a restaurant facility to be located at Mirage Health, 14815 N. Fountain Hills Blvd., aka Club Mirage, Case Number Z2000-16. L Town of Fountain Hills Page 3 of 4 Last printed 01/17/01 1:23 PM Town Council Meeting Agenda Regular Session January 18,2001 21.) Consideration of ORDINANCE 01-05 amending the Town code, Chapter 7, Buildings and Building Regulations by amending Section 7-10-13. Permit Issuance, to provide consistent permit issuance (kw regulations for non-residential building permits. 22.) PUBLIC HEARING on ORDINANCE 01-06 amending the Zoning Ordinance for the Town of Fountain Hills, Chapter 1, Section 1.12, to modify the definition of Building, Height of, so that the building height of buildings with basements or with one-sided walk-outs is measured from pre-existing abutting grade and not from the pad grade of the basement floor or walk-out floor, Case Number Z2000-17. 23.) Consideration of ORDINANCE 01-06 amending the Zoning Ordinance for the Town of Fountain Hills, Chapter 1, Section 1.12, to modify the definition of Building, Height of, so that the building height of buildings with basements or with one-sided walk-outs is measured from pre-existing abutting grade and not from the pad grade of the basement floor or walk-out floor, Case Number Z2000-17. 24.) CALL TO THE PUBLIC. 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. 25.) ADJOURNMENT. DATED this 17th day of anuary,2001. Cfavax.,L. QO1 Cassie B. Hansen,Director of Administration/Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003(voice)or 1-800-367- 8939(TDD)48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting. Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office. Town of Fountain Hills Page 4 of 4 Last printed 01/17/01 1:23 PM ?o��sr INN (ikw f MEMO TO: Honorable Mayor and Town Council Members FROM: Cassie Hansen, Town Clerk RE: Agenda Item#26—Special Event Policy DATE: January 12,2001 Due to the interview process held this past Thursday and Friday for the Community Center Director position, the updated Special Event Policy is not included in your packet materials. The revised policy will be available to the Council early next week and will reflect the changes requested at the last Council meeting. (tip (ow In Memotero ae To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATION Date: 01/17/01 Re: AGENDA UPDATES FOR THE 1/18/01 COUNCIL MEETING This"mini-packet"includes the following: REVISED AGENDA: Mr. F gadded of the Los Arcos Multipupose Facilities District to the executive session. T3 invoker"has� t n chan Dennis Daniel from the First Baptist Church. �` � -� ,emu * (toew consent agenda n added to award the bid for computers. This expenduture was • authorized in the 2000:20tl01 b�-.d n'd we are pleased to report that the award amount is under budget. 4 Please :sue the a closedmemo`from; Peter. ,... tt 5 s�r aw. 1 i$ ` .t ff; 4 rx � .K ��� � Paz;,« � O� # 8 � ng the draft special event policy was removed. In reviewing Council • comments a concerns r ruin erta n aspects of the policy, staff determined thatpart of the problem �g t�� P P cY, Y ra Ithe amount of time tF athas pas since the committee first convened. Work began on the policy in t�• YhB` :a gust of 1999 rand staff had just Oleted a year in which over 20 events were processed. Applying for 208e,park-ing permits was ac cess in transition, evolving from a simple certificate of insurance '- k; 4.sx. red �to boar appro 'with an increasing fee assessment. Infill and traffic in Plat 208 have both , ed inghe'dog area, changing the environment that provided the framework for the work originally . The Council that first unofficially reviewed the document has also changed. Staff feels that it would be a good idea to reconvene the committee and take a fresh look at the current conditions and reassess what needs to be addressed based on the spring of 2001 rather than the summer of 1999. Mr. Farrell has been consulted on this approach and feels that it is an appropriate way to proceed. Councilman McNeill emailed staff an excellent summary of his thoughts, concerns and suggestions that will be helpful for the committee to review and consider in the context of a revamped policy. Similar input from other Councilmembers would be greatly appreciated for use in the re-evaluation process. Your assistance in creating a document that addresses the issues of public safety, public access and enforcement is also appreciated. L Page 1 of 1 January 18,2001 Agenda Update Last printed 01/17/01 1:28 PM 01/17/01 MEMORANDUM TO: THE HONORABLE MAYOR AND TO N O IL FROM: PAUL L.NORDIN, TOWN MANAGER DATE: JANUARY 12, 2001 RE: MANAGER'S REPORT FOR THE JANUARY 18TH COUNCIL MEETING REMINDERS: An Executive Session is scheduled to immediately precede the Thursday's regular meeting at 5:30 p.m. in the Jury Room. A light fare will be available. You are all probably aware by now of Hyett Palma's site visit to Fountain Hills during the week of January 22nd. A public "Community Vision Meeting" is scheduled for Monday, January 22nd, at 7:00 p.m. to 8:30 p.m. in Council Chambers, which will be conducted by Hyett Palma. Immediately following the public meeting, the Mayor and Council are requested to attend an issue session scheduled for 8:30 p.m. in Council Chambers. Hyett Palma asks that you come prepared to discuss the key issues that you face as elected officials in dealing with downtown development. A detailed itinerary was previously distributed for your information. Two public hearings are scheduled for this agenda. CONSENT AGENDA: There are eleven items on the consent agenda. Please review each item and contact me should you determine any should be removed. AGENDA ITEM# 12 - MASTER PLAN FOR FOUR PEAKS PARK: Amenities and cost estimates for the proposed Phase II Four Peaks Neighborhood Park master plan will be presented. The following agenda item (#13) includes consideration of Parks and Recreation's Heritage grant request for $560,000 towards these improvements in 2001. Staff also continues to work with the School District in transferring the land to the Town, and expects the transfer agreement to be completed within a few months. Council will consider approval of the master plan. Please see Bryan's attached memo. (by Manager's Report January 18,2001 Council Meeting Page 1 of 3 AGENDA ITEM# 13 - RESOLUTION 2001-01/HERITAGE GRANT (1Iw APPROVAL: Staff will submit a heritage grant application on February 28th towards improvements at the Four Peaks Neighborhood Park. Your consideration and approval of this $560,000 grant application is requested. Don's memo is enclosed. AGENDA ITEM# 14 - TEMPORARY USE PERMIT/EMERALD MESA VILLAS: Council will review Emerald Mesa Villas' request for a temporary use permit to allow one of the existing units to be used as a sales model at 16107 East Emerald Drive. This item has been brought back from the January 4th council meeting to allow the applicant to appear and respond to the protest received. Please refer to Jesse's memo. AGENDA ITEMS# 15,# 16,# 17, &#20 - ORDINANCES 01-02,01-03,01-04, 01-05/COMMERCIAL DEVELOPMENT FEES: The required public hearing regarding possible adoption of non-residential development fees was held at the January 4th council meeting. It was determined at this meeting that Council would like to review options for assessing street development fees, in particular, Fountain Hills and Shea Boulevard. Enclosed for your consideration is a breakdown of the seven components of the street fee for non- residential development. If the fees are adopted on January 18th, they would become effective on April 18, 2001. Please refer to Jeff s enclosed report. AGENDA ITEMS# 18 &# 19- PUBLIC HEARING/ORDINANCE 01-07/ AMENDING ZONING FOR CLUB MIRAGE RESTAURANT: The first public hearing is on the agenda to receive comments regarding a zoning designation for Club Mirage to allow a restaurant facility to be located at 14815 N. Fountain Hills Blvd. After the public hearing, council will consider approval of this ordinance. The Planning and Zoning Commission and staff recommend approval, with stipulations. Dana's memo is attached. AGENDA ITEMS#21 &#22 - PUBLIC HEARING/ORDINANCE 01-06/ MODIFYING DEFINITION OF BUILDING HEIGHT: Councilwoman Fraverd has sponsored this agenda item. The public hearing is scheduled for input concerning modification of the building height determination for buildings with basements or walkouts. Staff has prepared an amendment to the zoning ordinance that would not count basements and at least a portion of the walk-out floor as part of the building's height. The Planning and Zoning Commission unanimously voted their approval. Staff also recommends approval of this ordinance. Please see Jeff s enclosed report. L Town Manager's Report January 18,2001 Council Meeting Page 2 of 3 AGENDA ITEM#23 -DISCUSSION OF SPECIAL EVENT POLICY: This item has also been brought back from the January 4th council meeting to allow more discussion with staff. Cassie's attached memo advises that this information will be distributed to you next week. L L Town Manager's Report January 18,2001 Council Meeting Page 3 of 3 ce ✓wetz#' RECEIVED „ tikITAIN,�o �tr DEC 2 0 2000 c FOUNTAIN HILLS Towry CLEW T® Ila ®� ® 1{ R�1 c �5� aoI ° Special Event Request '�, e=li,. 4d P q est ekat u AAA* Name of Event CoordinatorICZ),J,1- Tl re. 1 1 Address: 1 !o `� h,l 'nn o S A `'A" t—o . +ai►) i- 1 I s A -. Telephone: (residence) 2 3�--0 c 3 a-- (business) `��.' ' If the event is designed to be held on behalf of any person other than the applicant,the applicant shall supply written authorization from the organization sponsoring the event,dated not more than 90 days before the application,authorizing the applicant to apply for the permit on the sponsor's behalf. Name of Organization: 1-00/A4,;,) 14(1 Is N`J I, SChoo I Telephone 3 I b—/d( -6-- Address of Headquarters:_ (0 a ?Au' S A'r.S (kw Description of Event: F: I. F'• S. S K. t,0 R I k-`ry id Purpose of Event: ci �f'a�S t n rr ,, tt A S'_A I rr 5 Tom(' H t o D '. . A-G,'4' O f'GJa.0 1 •-h o.Js Location of Event: F-04);J'fp►0 k.1(S f-(c s h S c-'a o (Attach map or diagram of area to be used for event) (24/4G)S — 914 •'''" Date of Event: 4AcLI\ Be Time- g L. �• ems. ' Beginning Ending Time: n�- jl'-A•1"- What portion of the roadway, if any, will the event occupy' iZ icy ii-t I a r i 0 tJ "nap P • Estimated number of persons, vehicles (and types, i.e. cars, trucks), animals, etc. participating: SO© -f- Do you anticipate a need for the Town to provide any of the following: Please Note The Town Marshal(or designated official)may establish requirements that may include (but are not limited to)personnel for emergency,traffic and crowd control,traffic control devices,and other services and equipment deemed necessary for the protection of event attendees as well as the community as a whole. Personnel: try Supplies and Services: (2 A)C5 Vehicles and Other Equipment• oo vraI'4/. -p MEMO TO: Honorable Mayor and Town Council Members FROM: Cassie Hansen, Town Clerk i RE: Agenda Item#3—FHHS 5K walk/run Special Event Request DATE: January 12,2001 Kenny Krell, the Fountain Hills High School cross country/track coach, has submitted a special event request for the Fountain Hills High School 5K walk/run to be held Sunday, March 4, 2001 from 8 a.m. to 11 am. While no street closures will be required, there will be temporary traffic delays to insure the safety of the participants. Mr. Krell has worked out the route and personnel details with Marshal Gendler to insure the safety of the participants and the Marshal has forwarded a favorable recommendation. A certificate of insurance will be submitted 30 days prior to the event. Staff recommends approval (kw Marshals Department Memo To: Cassie Hansen From: Steve Gendler, Marsha Date: 12/29/00 Re: Special Event Request—Fountain Hills High School 5k walk/run The purpose of this memorandum is to conditionally endorse the attached special event request from Kenny Krell on behalf of Fountain Hills High School. As envisioned, this would be an annual event held the first weekend in March as a fund raising activity for the high school track and field program. The applicant, Kenny Krell, is an authorized representative of the High School as the track coach. He has proposed a 5k course with two alternatives; one involving a portion of Golden Eagle and the other with no involvement on Golden Eagle.The event is scheduled for the morning of Sunday, March 4th. In this instance, I recommend the first alternative which involves the High School track to Golden Eagle, to Bainbridge, to Glenbrook, to Greenhurst, to Fayette, to Hampstead to the High School track. This course involves primarily right turns and keeps the participants running with the flow of traffic. This is particularly important on the grade at Hampstead where vehicle visibility would be impaired. Moreover, traffic on Golden Eagle at that time in the morning is light and it would minimize participants use of Bainbridge which serves two churches at the time of the event. I recommend approval under following conditions: 1. Mr. Krell specifically station personnel at the following locations; Golden Eagle where the participants exit the high school, Golden Eagle at each entrance to the park, Golden Eagle at Bainbridge, Bainbridge at the entrance to the Mormon Church and the Church of Christ, Bainbridge at Glenbrook, Glenbrook at Blackbird, Glenbrook at Greenhurst, Greenhurst at Fayette, Hampstead at Bainbridge, Hampstead at Montrose, and Hampstead at the parking lot entrance.This is a total of 13"stations"to be manned by"volunteers". 2. The volunteers need to have traffic vests similar to those used in the"adapt-a-street"effort 3. Mr. Krell should produce a certificate of insurance which covers the town of Fountain Hills liability in approving this event While this request would not necessitate the closure of any roads and can be accommodated with minimal use of town resources, the Marshals Department will re-deploy officers to Golden Eagle as an extra precaution for traffic control if the event is approved by the Council. L To: Bev Bender From: Kenny Krell FHHS Cross Country & Track Coach Re: F.H.H.S. Celebrate Life 5k run and walk Hi again, myself,the rotary club, and the principal of FHHS, would like to start an annual event here in town to coincide with their "Celebrate Life" slogan. Every penny would go back to the high school, first to fund the new track and then in the future to be dispersed where ever the money would be needed. Mr. Mauro the principal has taken the idea to the school board for their approval for the insurance for the event. The rotary club would be involved with volunteers and other various aspects of the event. I have mapped out not the perfect course but something I think we can work with in the future given the problem of road closures in the town. We would like to hold this event every year regardless of how well it does to make it something that the school will have on their calendar every year to help get the entire community involved on this day. Mark Mauro started a similar event at Seton Catholic to raise money for various school programs. That is what it would be geared to is a total community event. The event would take place every year on the first Sunday of March. The event would start and finish every year on the track at the high school. Our proposed course would take the athletes in the beginning one of two ways either out the back entrance of the school grounds onto Golden Eagle going RIGHT, (staying in the bike lane and on the side walk along the park) the going RIGHT on Bainbridge to LEFT on Glenbrook (keeping the runners to the right with many volunteers at every intersection). to a RIGHT on Greenhurst to another RIGHT on Fayette taking the people past the elementary school on Hampstead to the back entrance to the school parking lot RIGHT to the entrance to the track. OR the second option would simply be to enter and exit through the parking lot to LEFT on Hempstead, Left on Bainbridge, to Right on Glenbrook then the same. IT is our hope to get this on the council agenda ASAP so Mark Mauro can get moving on the plans as far as the school is concerned then when I return Todd Elwood of the rotary and Lets Go newspaper, Mark and I can come in to a meeting upon my return from Michigan. I will check messages as soon as we get to Michigan today the 19th if you have any questions. L Th a el —FHHS Cross-Country and Track coach I i / 16i n ..f..- 1 1 13I ‘itl .L:..3 Boqbrict ' c 13 -4.1 _.., % -, 0 Ci t( r 1 0 r trw 0 i t 4 ta r. dr. , 1 , . - --- %. 1 VI 1 - .4:: " -......... 441v _ a jj s es Chron 11 � 'rAIN.t. w° � ��� Town of FOUNTAIN HILLS `t• a° Engineering Department fat is Ai MEMORANDUM TO: Honorable Mayor and Town Council FROM: Art Candelari REVIEWED: Tom 4" THROUGH: Paull . i DATE: Janu. 11,2001 RE: Easement Abandonment 00-34;Resolution 2001-03 15510 E. Chicory Drive Plat 603-B,Block 1,Lot 39 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 northerly property line of Lot 39, Block 1, Plat 603-B (15510 E. Chicory Drive) as shown in Exhibit "A". The property owner of Lot 39 desires the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. Staff has received no comments to date from the adjacent property owners. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner of Lot 39 is 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 the proposed abandonment of this public utility easement. Staff recommends adoption of Resolution 2001-03. bb att. Cc: Jon V.Brady B. Cavoti E.Knihnisky A. Taskinsoy Resident 15445 E.Thistle Drive (iv EA 00-34.doc Page 1 of 1 When recorded, return to: %Iocngineering Department Town of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 2001-03 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 TEN (10') FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTERHLY LOT LINE OF LOT 39, BLOCK 1, OF PLAT 603-B, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 161 OF MAPS, PAGE 41, 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 properly by easement, deed, subdivision, plat or other lawful means; and (tiodHEREAS, 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 northerly property lot line of Plat 603-B, Block 1, of Lot 39, Fountain Hills, Arizona; as shown in Exhibit "A"; as recorded in book 161 of maps, page 41 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 owner of Lot 39 is 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 2001-03 v Page 1 of 2 PASS/FAIL MOTION 4U1-( }it SOK- SECOND Mc- COUNT 1-0 LDASSED AND ADOPTED this 18m day of January 2001. ATTEST: FOR T TOWN OF OUNTAIN HILLS Al& Cassie B. Hansen, Town Clerk Sharon Morgan, M yo REVIE ED BY: APPROVED AS TO FORM: i/e )/rf,g4tif; Paul L. N r in, Town Manager William E. Farrell, Town Attorney L (likay Resolution 2001-03 Page 2 of 2 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" 603B BLOCK 1 LOT 39 10' PUBLIC UTILITY & DRAINAGE EASEMENT p,E. ABANDONED v•E• 10 P • P vE. & �� o, • 1147 & o, . P V•E• -10i � N LOT 38 w •0 0 -1>. LOT 39 13 0. LOT 40 cc31)- soOo . o�oo E RAVE N�53 R`� O C - N - SCALE: 1"=30 DATE: 1-8-01 Chron 10 .0N 1. � j 11111 ifi Town of FOUNTAIN HILLS 0 a tare�'i o _ Engineering Department 4 �• tS7:190 Iiithat iS MEMORANDUM TO: Honorable Mayor and Town Council FROM: Art Candelaria REVIEWED: To `` THROUGH: Paul vg• i DATE: Janu;�� 11, .001 RE: Easement Abandonment 00-35;Resolution 2001-04 16703 Oxford Drive Plat 212,Block 4,Lot 17 kw This item on the Town Council's agenda is a proposal to abandon the ten (10)foot public utility and drainage easements located at the southerly property line of Lot 17, Block 4, Plat 212 (16703 Oxford Drive) as shown in Exhibit "A". The property owners of Lot 17 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 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 owner of Lot 17 is 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 the proposed abandonment of this public utility easement. Staff recommends adoption of Resolution 2001-04. bb att. cc: Chris Gierszewski (lior M. Keenan W. &C. Sauter EA 00-35.doc Page 1 of 1 \When recorded, return to: engineering Department Town of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 2001-04 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 TEN (10') FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE SOUTHERLY LOT LINE OF LOT 17, BLOCK 4, OF PLAT 212, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 141 OF MAPS, PAGE 17, 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 LHEREASI All present utility companies have received notification of the proposed abandonment; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That the certain ten (10)foot public utility and drainage easements, located along the southerly property lot line of Plat 212, Block 4, of Lot 17, Fountain Hills, Arizona; as shown in Exhibit "A"; as recorded in book 141 of maps, page 17 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 owner of Lot 17 is 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. (16., Resolution 2001-04 — I _ Page 1 of 2 'ASS/ IL SECOND Q,i1 COUNT �� CASSED AND ADOPTED this 18th day of January 2001. ATTEST: FOR E TOWN OF F UNTAIN HILLS eit/14:AA5 Cassie B. Hansen, Town Clerk Sharon Morgan, Ma or REVIE BY: APPROVED AS TO FORM: Pf/.diitA,t; ?gouli . . , T wn Manager William E. Farrell, Town Attorney L (610, Resolution 2001-04 Page 2 of 2 EASEMENT ABANDONMENT EXHIBIT "A" 212 BLOCK 4 LOT 17 w 0 ,_` ,_� O to OXFO _'- RD DRIVE o• '5 C / 4_ cP ,4) / —02 15'28„ , '�j R=2430.=7 00� 9.99, / co o� LOT 16 In -to O. / o Q ;� LOT17 ;1--- N 61 LOT 18 •") PUBLIC UTILITY & d- '' DRAINAGE EASEMENT; ABANDONED o g 0' p \ R=82 43 z • .E � � L=g3 • D 4 , E 4 Z4 44# ApP XIS RD / ITV gi -..._. P y w �•E. & D.E.0 R E ., — � L e., —t � o - ----_ rn SCALE: 1"=30 DATE: 1-8-01 L TOWN OF FOUNTAIN HILLS ORDINANCE 01-07 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 THE OFFICIAL ZONING DISTRICTS MAP OF THE TOWN OF FOUNTAIN HILLS BY DESIGNATING 2.8 ACRES OF LAND, AS GRAPHICALLY SHOWN IN EXHIBIT "A" AND LEGALLY DESCRIBED IN EXHIBIT "B", THE CLUB MIRAGE "R-3 P.D." RESIDENTIAL UNIT PLANNED DEVELOPMENT ZONING DISTRICT TO PERMIT RESTAURANT FACILITY BY USE AS ADOPTED UNDER MARICOPA COUNTY CASE Z74-1 AS AMENDED BY MARICOPA COUNTY CASE Z86-238. 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 (kw WHEREAS, Chapter 2, PROCEDURES. Section 2.01, Amendments or Zone Changes establishes the authority and procedures for amending the zoning district boundaries; and WHEREAS, Chapter 3, • . _ , • • ► . • ► . : • ► . THEREOE Section 3.02 Boundary Lines on the Zoning Districts Maps establishes the "Official Zoning District Maps"; and WHEREAS, Public hearings were advertised in the December 6, 13, 20, 2000 editions of The limes of Fountain Hills and Rio Verde, pursuant to Arizona Revised Statutes §9-462.04, and WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission on January 11, 2001, and by the Mayor and Common Council on January 18, 2001. L (60, NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Sectioni, The "Official Zoning District Maps" shall be amended to change the Zoning District Designation of 2.8 acres of land, which is graphically depicted in Exhibit "A" and legally described in Exhibit "B", a.k.a Club Mirage to the "R-3 P.D." Residential Unit Planned Development Zoning District to permit a restaurant facility by use. PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 18th day of January, 2001. FOR T T WN OF FOUNTAIN HILLS: ATTESTED TO: CA/Va:‘,46 Sharon Morgan, Mayor Cassie B. Hanse , Town Clerk (kw REVIE ED BY: APPROVED AS TO FORM: "K.0.t,eltet/ aul L. ordin, Town Manager William E. Farrell, Town Attorney (lbw Ordinance 01-07 Page 2 of 4 (6., EXHIBIT "A"_ N. i L ►T 213 �, PLAT 106 i i jj` . 2 :-7 { I '.-----/_ _ i 17 16 i 1 5 / 1 4,BO, --'" \\ '`-- 1 J 4 1 ,iSy 1 N .,_ .,,, ,, f f 7-�-___ j ,_ i r. �` t;' "I RAGE i 6 7 i' S8 T•15'' S'1N I 3 ;ti, 1 i 18 0=15.57'25" RESORT 162:85 ,� \ j ----4---------____L =113.07 CAS ITAS _�' \`\ �� - 0 -- ---- - _ ; 1 �� ct J 7-------------1 E P S82.47 00"E 15 r �9 1 _....1 0r . . •� 10.0 ' r �; 14 j m `� ,i S8i•DOr 0"E /�C ~, (IIIW I 20 ! v) ;-` -_-- -, i r • \ 1 /f AI_47 =Pt ? CGEQNJTRETR v� -' z ••Nge, VILLAS 73 --____ 22 r z - _--� `� 1 13 rL �f 23 / �____ (11111-'\,T,17i1 ' a, 71_ r' J \ _ 'p} _ 10 i -,$)tA., d) 16 4,\>-"-L--\\ - -.' / tS. 1., j 70 /1 i a `-- S0T 13100"W { ' `'��; , '69 Os( '\ ff / t / 12 Q ���`� ; 2 5 0.50 _ ,O S82.47100"E ! 14 ,a =,..,- � f, TS /.--______26 _ j '- THE V i.L L,AS 13OV. / 67 '''� ff - ' �2 \' 66 / J CLUB `ter i 23 r \ / 27 ;'i MIRAGE %� %'"\�2'�1 1 \ 2 l'��cr`�' A' i f,__ ;2 /-. COL\ / r/' Y 1 25 ��\ 27 / Rp / 2 sf ,mil �T� 41/ •�` 8 �'� •v// ,, /5 G L Ordinance 01-07 Page 3 of 4 ti flow EXHIBIT "B" LEGAL DESCRIPTION That portion of Lot 1, Block 3, and Lot 1, Block 2, Fontana II Final Plat No. 110, according to book 159 of Maps, page 42 and corrected in Book 168 of Maps,page 28, records of Maricopa County, Arizona, described as follows: COMMENCING at the Northwest corner of said Lot 1 of Block 3; thence South 07°13'00" West along the West line of said Lot 1, a distance of 298.61 feet to the TRUE POINT OF BEGINNING; thence continuing along said West line of said Lot 1, South 07°13'00"West, a distance of 355.00 feet; thence departing said West line of said Lot 1, South 82°47'00"East, a distance of 140.00 feet; thence South 34°03'37"East, a distance of 119.75 feet; thence South 82°47'00"East, a distance of 66.00 feet to a point on the East line of said Lot 1; thence South 07°13'00"West, a distance of 0.50 feet; thence South 82°47'00"East, a distance of 3.00 feet; thence North 07°13'00" East, a distance of 273.99 feet; thence North 82°47'00"West, a distance of 10.00 feet; thence North 07°13'00"East, a distance of 138.29 feet; thence North 82°47'00" West, a distance of 10.00 feet; thence North 07°13'00" East, a distance of 93.58 feet; thence South 81°15'35"West, a distance of 162.65 feet to the beginning of a tangent curve being concave Northerly and having a radius of 406.00 feet; thence Southwesterly along said curve through a central angle of 15°57'25" and an arc distance of 113.07 feet to the TRUE POINT OF BEGINNING. EXCEPT all minerals as reserved in Patent from United States of America. L Ordinance 01-07 Page 4 of 4 plA/A --� 1. U� �IV���"�� Chron 09 � Town of FOUNTAIN HILLS O o Engineering Department 4 'wthat is P MEMORANDUM TO: Honorable Mayor and Council FROM: Randy Harrel L. REVIEWED: Tom W (441 THROUGH: Pau N DATE: Janu , 20 1 RE: Easement Abandonment 00-33;Resolution 2001-05 Crossroads Convenience Center,Northerly Portion of Tract D (Proposed Tract D-1) This item on the Town Council's agenda is a town staff initiated proposal to abandon the existing P P public ingress/egress and general easements located on the northerly portion of Tract D (labeled as proposed Tract D-1)of the Crossroads Convenience Center plat, as shown in Exhibit"A". Crossroads Convenience Center was platted in 1989 under Maricopa County's jurisdiction, prior to incorporation of the Town. Tract D was apparently at least contemplated to be a roadway connecting from Shea Blvd and crossing Cereus Wash. The Crossroads Convenience Center improvements, which were finally constructed in 1996, included paving improvements only on the southerly portion of Tract D. Platting of the residential lots in the Sunrise Point subdivision in 1994 precluded the roadway from ever being extended. On December 7, 2000, the Council approved a final replat of Tract D, splitting out the access roadway for the Crossroads Convenience Center lots 1 and 2 (Tract D-2) from the undeveloped portion (Tract D-1) lying within Cereus Wash. MCO's stated intention is that Tract D-1 will eventually come under the Town's preservative ownership. Town staff has held up the recordation of the replatting of Tract D, in order to accomplish this abandonment of the public ingress/egress easement and general easement on the proposed Tract D-1 portion. This abandonment should be recorded concurrent with, and immediately prior to,the replat of Tract D. The other necessary existing easements, including the drainage easement and public utility easement,will be shown on both parcels of the replat document. L EA 01-33.doc Page 1 of 2 Chron 09 (111, MCO,the property owner, has reviewed and supports this abandonment. As with all of the Town's abandonment, adjacent property owners are being notified of the proposed abandonment. Utility companies have not been notified of this abandonment proposal because the public utility easement rights are being retained. Staff recommends adoption of Resolution 2001-05. L L EA 01-33.doc Page 2 of 2 When recorded, return to: Engineering Department Town of Fountain Hills MJ P.O. Box 17958 � /v2 Fountain Hills, AZ 85269 RESOLUTION 2001-05 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 INGRESS/EGRESS EASEMENT AND GENERAL EASEMENT ALONG THE NORTHERLY PORTION OF TRACT D (DESIGNEATED AS TRACT D-1) FOUNTAIN HILLS, ARIZONA, AS RECORED IN BOOK 336 OF MAPS,PAGE 01, 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 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 public ingress/egress easement and general easement located on the northerly portion of Tract D, and designated as proposed Tract D-1, of the Crossroads Convenience Center plat, shown in Exhibit "A"; as recorded in book 336 of maps, page 01 records of Maricopa County, Arizona; are hereby declared to be abandoned by the Town of Fountain Hills. 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. L Resolution No.2001-05 Page 1 of 2 (iw PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 18th day of January 2001. FOR THE TOWN OF FOUNTAIN HILLS ATTESTED TO: Sharon Morgan, Mayor Cassie B. Hansen, Director of Administration/Town Clerk REVIEWED BY: APPROVED AS TO FORM: Paul L. Nordin,Town Manager William E. Farrell, Town Attorney L L Resolution No.2001-05 Page 2 of 2 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" CROSSROADS CONVENIENCE CENTER TRACT D LOT 71 LOT 70 LOT 6 LOT 69 LOT 68 LOT 2 PLAT 705 SUNRISE POINT '�, BK 407, PG 33 BK 392, PG 37 TRACT "G" .�� CEREUS WASH yF. DRAINAGE EASEMENT ��55‘P DKT 14559, PG 247 ---------------- \`\\�12' PUBLIC SIGHT EASEMENT _-------- ------ 1--- ------------- --------------------- UTILITY EASEMENT ---- _ 30' EGRESS `\ `� �'' ---- - t DRAINAGEEASEMENT\ \ - DOCKET 1459,�--\- ""---_ PUBLIC _ PAGE 249 M.C.R._______ \ _ __-------"-----L &3%RAAGEEXISTING T _�__- -- - - \� ----- - EASEMENT EASEMENT _ _ _----- �4��►' % 104' DRAINAGE \\\ _ ____________ -- 289.31 i DEDICATION (ON `------- N 84'32'39• E FILE W/THE TOWN OF FOUNTAIN HILLS \ LEGAL DESCRIPTION `\ #401) if \\\�� TRACT "A" o � PROPOSED TRACT D-1 \\`?- PROPOSED ���` ABANDON PUBUC INGRESS/ ►.4 g EGRESS EASEMENT AND . 00. I. 4 GENERAL EASEMENT. RETAIN PUBUC UTIUTY do \`\\ N so36'21• DRAINAGE RIGHTS w .` 232.73' /- LI' �% TRACT "B" y� i\ 20.09 •0.98' N 79195'20•w "9 `e��\ 88'2 49 160�, COY\ \\ GN OG h• 41.-I^ c� r. \ �G LOT 1 0i) 4� CROSSROADS CONVENIENCE CENTER �O \``?„� BK 336, PG 01 R=90.00' ill A=25'06'36• LOT 2 \ L=81.00' R=130.09'56.97 10' R/W ABANDONED \\ L=r�97 RES 1994-13 `\\\ R=� 9�• y`�'`„�$ P.U.E., D.E., S.W. do L.S. L=20.00 . �i� \ EASEMENT RETAINED \\ yc�, �Q' BK. 336 PG. 1 \ MCR 94-0345372 \\ pub• \ ��h • \\ 5 F, 1y .� - M 9� S,�F, \ r,- ��� ��� '�r G S6 \ hti 0=00'09'50' 65 \\ R=6997.49.00' �� O TRACT C RANDY L, ,,:c1c). a HARFL \\ -lip 1, e• Q,, l'. \ iZWEA, v. SCALE: 1"=80' L. r Slurry Seal Contract Renewal.doc Chron 07 o Town of FOUNTAIN HILLS a6, 0 I i Engineering Department 14'that is Afilf6 MEMORANDUM TO: Honorab Vayor and Town Council FROM: THROUGH: 01, l �� DATE: Jan . 9, 2001 RE: Street Maintenance/Construction Slurry Seal Annual Contract Renewal ENG 98-030 The Slurry Seal Annual Contract was bid in March 1999. The contract is for a one-year period, Cw with an option to renew for up to two additional one-year periods, with price adjusted for inflation each year. This annual contract has finished the first year and nearly complete for a second year. By mutual agreement, the Council and the contractor can authorize a contract amendment allowing an additional one-year extension. Staff has been satisfied with the contractors' performance and is in favor of renewing the contract. Southwest Slurry Seal has been the successful low bidder on all of our re-surfacing projects since 1995. Southwest Slurry Seal has agreed to an overall 8.1% inflation escalation. This increase is calculated based on a 2-year period or 4.05% increase per year if we consider the original contract was dated March of 1999. It should also be noted that the contractor is passing on the increase of emulsion (oil bi-product) only with no additional costs for himself. Staff has reviewed the proposed increase and finds it acceptable. We do not believe that, given the current state of the economy, we will obtain better pricing, increased quality or better schedule performance by re-bidding the project at this time. Work areas are indicated on the attached map. Staff recommends approval of the contract amendment allowing a one-year renewal for the slurry seal contract,with the bid adjustment and contract authorization amount indicated. bb att. cc Pat Harvey (160 Julie Ghetti Joan Doran FHB Speed Reduction.doc Page 1 of 2 Chron kO I �t I Town of FOUNTAIN HILLS ao 3 = p,. Engineering Department Nat MEMORANDUM TO: Honorable Mayor and Council FROM: Tom ard, nteri Town Eng' r C Rya-- Letic'a C. I llo, r ffic Eng ineerin nalyst ,�-° THROUGH: Paul o 1. Manager • DATE: Janu. , 001 RE: Speed Limit Redu tion on Fountain Hills Boulevard At the request of the Traffic Standards Committee and under the direction of Chairman (lw (Councilman) John Wyman, the Engineering Department has performed a traffic study of Fountain Hills Boulevard (Ironwood Drive to Palisades Boulevard). The major concern is the speed limit on Fountain Hills Boulevard north of Ironwood Drive to Palisades Boulevard. The speed limit should be reduced from 45 mph to 35 mph at Ironwood Drive northward to Palisades Boulevard. The following considerations were studied by the Engineering Department: • Inadequate sight distance on the horizontal curve south of El Lago Boulevard. • Increased development (i.e. senior care facility, multi-family development and the new community center). • Proposed downtown commercial projects (Town Center III). • Consistency with the existing leg approaches on Fountain Hills Boulevard and Palisades Boulevard(see attached area map). Fountain Hills Boulevard carries approximately 11,000 vpd between Shea Boulevard and Palisades Boulevard. The existing posted speed limit on Fountain Hills Boulevard is 35 mph from Shea Boulevard to Kingstree, 45 mph from Kingstree to Palisades and 35 mph north of Palisades. There is a 40-mph advisory warning sign on the horizontal curve south of El Lago Boulevard. A detailed description of the engineering and traffic methodology used to determine our recommendation follows. TOWN OF FOUNTAIN HILLS MEMORANDUM (kw TO: The Honorable Mayor and Town Council THROUGH: Paul Nordin,Town Manager FROM: Jesse Drake,Senior Planner j9 DATE: January 18, 2001 SUBJECT: Preliminary Plat and Final Plat for"Desert Sage Condominiums ", a forty-two unit condominium project. Staff has combined the reports for the Preliminary and Final Plats, there are no off-site improvements or Improvement Plans needed for this plat. The plat is a request by PDL L.L.C./Dan Kauffman, which would condominiumize forty-two units located at 16631 East El Lago Boulevard, aka Lot 5A, Block 1,Final Plat 207. Please refer to the attached Planning and Zoning Commission and Staff report for additional details regarding this request. Coy L L L TOWN OF FOUNTAIN HILLS PLANNING AND ZONING COMMISSION AND STAFF REPORT January 18, 2001 CASE NO: S00-048 PROJECT MANAGER: Jesse Drake LOCATION: 16631 East El Lago Boulevard, aka Lot 5A, Block 1, Final Plat 207. REQUEST: Consider the Preliminary Plat and Final Plat for "Desert Sage Condominiums", a forty-two unit condominium project. DESCRIPTION: OWNER: PDL L.L.C. APPLICANT: PDL L.L.C./Dan Kauffman EXISTING ZONING: "R-4" EXISTING CONDITION: Forty-two unit complex under construction LOT SIZE: 84,900.48 square feet (1.95 acres) SURROUNDING LAND USES AND ZONING: NORTH: Vacant land, zoned "C-2" SOUTH: Existing multi-family zoned "R-4" EAST: Vacant land, zoned "R-4" WEST: Existing multi-Family; zoned "R-4" SUMMARY: This request is for approval of the Preliminary Plat and Final Plat for"Desert Sage Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off-site public improvements, a "fast track" process is being allowed. The owner, PDL L.L.C., has chosen to convert a forty-two (42) unit complex, currently under construction, and record a Declaration of Condominium to sell the units individually. The units will have a maximum livable area of 1198 square feet, and a minimum livable area of 1029. Each unit will have a covered patio. The condominium project requires eighty-four (84) parking spaces, and eighty-five (85) parking spaces have been provided, of which forty-two (42) will be covered. The applicant applied for his building permit, BP97-1591, on December 18, 1997 and received his permit to build on January 12, 1999. Background information: Multi-family districts had been restricted to a height of 40 feet since the adoption of the Town of kir Fountain Hills Zoning Ordinance on November 18, 1993. Ordinance#97-41 passed by Town Council on 11/20/97, restricted the by-right heights in multi- family districts to 30 feet. The Ordinance became effective 12/20/97. The Desert Sage Condominium building permit, #1997-1591, was applied for on 12/18/97, two days before the effective date of the new, height restricting ordinance, thereby grandfathering the 40 foot height L limitation as long as that building permit in process or active. The height of the three story buildings, per the approved plan are 37'9" from the ground to the top of the smoke arrestor on the chimneys. Resolution 1996-62 abandoned the service road on the north side of the property and established the 40 foot wide frontage as a P.U.E., D.E. sidewalk, landscape and non-building easement. An attempt was made to abandon the alley with Resolution 1998-34 which failed, thus maintaining the alley as Town property. RECOMMENDATION: Planning and Zoning Commission made a recommendation for approval of the preliminary plat of S2000-048, Preliminary Plat "Desert Sage Condominiums" on January 11, 2001, with the following stipulation: "Desert Sage Condominiums shall be responsible for maintenance of the pavement, curbs and all landscaping in the alley right-of-way, adjacent to the west property line. The landscaping shall be provided on both the east and west sides of alley for the length of the property and shall be approved by the Town." (to, Staff recommends approval of S2000-048, Final Plat "Desert Sage Condominiums " with stipulation. • • ,,,,,..,, f lk .It ca TOWN OF FOUNTAIN HILLS/ 1•41: COMMUNITY DEVELOPMENT DEPARTMENT -- '' . ' ' 3 DOMINIUM PI='i4T APPLICATION - , - Date Filed Fee Paid` 2(0 7V - r0 rO Accepted / a../ / / rib Io v o FP Condominium Name TDrcer* Sc Co ►t, Cla �'s'1 1 h v � S i Condominium Address /663 i E c / Lqcr ) U Legal Description of Lot/Parcel Eking Platted �J Plat d 0 7 Block5Parcel Size Lot(s) �'" gqior DO SF: Number of Units Number of Tracts OZoning General Plan Land Use Designation ` , Pi I) 1 t ck r+k , Densi Requested +ty (Dwelling Units Per Acre) a 1 -s Applicant r„�. L- CDay Phone PL L- , , / b., Kgt.) C7C/11q1'N g Address �Cv- l S Ci ST Zip P.D , B(tIC 1 8 57 I _ ! fta G�Owner rs6 / � , C • C Day Phone D L. Address City ST Zip p, 0. i,e. x a s-- 7 / S Attachments(Please list) Signature of Own I HERBY AUTHORIZE(Please Print) Date G`'` - TO FILE THIS APPLICATION. () ' / DO Subscri ed sworn before me this day of , 19 My Commission Expires Notary Public L (Seal) TFH Case Number Fee Schedule Attached S DOOO _OL1 5 (...0 .o:dwasac Lr Q^ hu';saMsnoiA.ttt..obluOWp :Eoa/-:+ _ _ I 1Vld MINIWOUNOJ U6VAJ((lCd W i Li 3 . J'JL I 07\9999-Leg(OW wl S.91-Lill(09ti) - 0310N SY 1 B9ZS9 YN0212IY 'SIIIH NIY1Nf103 VS 101 't N0018 'L0Z 1Vld v V.. tOZ�3uns '3AY M3hNMYd '3 91L91 t, ©Yi` BL1071 a �b0� � gir:).0 i '0.1-I 1N3M13011NVIV V 0NIlJ33NION3 !I,' 000Z-lZ-9 " Hav 4•""'0 SWf1INIW00N00 30VS 1a3SJ0 1-7 ` AN W091NOW '311'iNNbrNvA i ONW33NDN3 Ai131D000I AS UKl V 1i & \ L .eY I P! bli1/e1V 1 1i .e g 1111 .. <e �< �Go JI @ - i9 W '^ y tt t 7 f 1 !, 'ili515,:, :.! 5,0, 1 1- 14 6 1 1 • P I li li • g it 1%.01, is. ell 0) ;11:11 Jil dill* IIVAIgl WI egif - c.)- 1 . 1 . 'ilrfgi 0 T Pllgp;Ig t itlilili Vfqi 3a 5 : p c a a " :4 � 1 : I � z S o R alci 1 2 N C U •at, P., N o al z Z i-:i I� az p c I W 1--,•1 ZO <m U c ZZOli ct Z V�S o z i J Nm ' ' a = W 0 ° :c `c5i>:,i j x!t. w 11 i t _ Cr Q =L VO`g l,.J Aiii .� y : 7 I ..-, z 6 L E,,. -,i.z.-,- O c -'-, 8,-d„ O I�,P�I'�'� . ij v t.„ p� Y W ), = '..;.,� A„,f 70 4 — — v.., ai ,..7 2;,,c2!,r2 t., taaZR.O ,;,:),,iiiii\ � vi O O `r'av` Ci M ..I fit" J <'6- iiGil 1. . Iri _ 68 Mj! w Cl) +-1 O Hai III • Q Z:�Z klitt 111 hi E-• r W s � �lit.. 3�� wtt ONe p d CI) z e� 10 NC W CC H s ' h leg qhI irigirridb v l81144* Is riQa xby ' P idi$e:g 14-41 1% 1°2 llb 1 a i w 5/111:1/1 111 li p Wa a 41111, 011 1 is 0i/011 /51111111 11 h1"8 it !MO hi tg:!S7e !iiixii i I aii fill _.I .,1= 6 §r .1' ty� 5 ya@tg li. 41 tn p 4 k glX IN ;III r� 6 bI s(110, I ilg ''' 11 !ail: iiii 211Vg 1°4 is p6 II! I! h i i °! g 8 i iTil i All N.WWI 00-il-U W'NOQcLLC om oLla u+s 'O pu•lcarsrpVawo6fuowp :pow-o 1Vld NniNIM00NO3 0-8VA3V108 09d1 13 '3 l£99l 9999-LCO(09►)sol S►at-LCO(000) es 99?S9 VNOZIaV 'STUN NIV1Nf10i 0310N SY z w i0t 311f1S '3AV M3IAxatld '3 91L9t 9L1DN°" mar• VS 101 'l H0018 'LOZ ltlld ' 'oT1'1N3w3011NVPI V ONIV33NION3 :, © , 000a-�a-9'4- Hav °'"'� i 0 "3�^ , 1 D • , - SWf11NIW04N00 JOYS 1LI3S30 ro,i•.0.13amom•s«rnNow.Lasmosmo.Al/OOl 0 1101Wd00 • Atti‘/.,e , _. 1111111g N & iiUifllh Ur $s W � y e� •.e t Efilf Itj IA ll �._j . ; �, KIN 'GE 3D d '26E ){008 % k Z Loz itrId I k 2 $ (YI)1:Il L a 3.::.BLOC : r Ali, V. r ' � = 13 a I I is U = _ jf J�`NWWd 03tl]A00 �, _� t\i@ lt I : -.1 I i I a i ,, 61 74 t- -P-I T L . ct : '' khN,lN'-.ii.k k"1&N-N-&-- I kiii,H E• si wamI II iI J ...mz. r IilRpro.. ',. xis. W co \ 1 I mr.........NI; . 11 _n I it 0 , ON.1 pti1/4* ' ii v • i I `�W ' y t3 � ---a .. g !� \ \„" I... ki.-4- N . '.,•117 N i 8 111 to ,....,,, 0_, a -4 x a �1w i , Au fc: ` tiv o \\\,,, Hurry I e ill F- ► I' e 141:co:srz YI I tS 8 i 1........................: - • • as err — Lll I I ' !,,,,,, *rt. c• N Nk..,:,..:. - i ty )-- -- .._ ., _, c,) —. I 1 I g c. SON 9 3DVd L I )1008 --' o e LOZ IVId 2 KN W OL.LO.O CO-Cl-ll WMOOOUOL Gu ND1i'�0 �Y0 °" ;au•1spasm Viewo6;uowp :uow—s - SNOLL33S�P NYld LOON QdVA31f109 0`0Y1 13 '3 t£99l (� J 9999-L1(09P)101 Si�ot-tto(09ti) s� �._ -'• - - - --- - - Y 89LS8 YNOZILY '5111H NIV1Nf10i 03LON SV I 1 - VAV VG 0Ol '1 )1OO18 'LOZ 1Yld r"' vOl 311�15 '3�V M31AHaYd '3 9tL9t 81[OYl n"L Y�tlOarauaw i — '011'1N3 20VNVI1 1 ONIU NION3 ' - ■ _■��. . ..w9�❑W ',,I, -,;jl.' OOOL-IL-B'�0 HaY "�""�" SW(IINIWOON00 3`JbS 183530 ff�� ,1Wy.J1`rA♦/11..11 '1 -i i /.311 110R33999v91 s 09411131104.1 MOMIXI10011 Al Nit 6 114Dqu.ro0 \ L N N N N -'1 ,, .., o'S S h N 7_ ,•, F.:, .: IZ LJ l.L,,, O O 6. CC O p a7Slj 7•9 N N(13 = - N v L.:L.:tr N to cii o > CA Cf, o No rn \\\\\\\\��\`\ - 111 I.c 111 11 1 AI« 1 .o,,, 1 .o„ ri '4" 3 3 rh N .\\.:�(i'lj�♦:.GOY n 1 L l l N N ,,� `\'\\ y- I t Mtn t WM I t H I .-N ® ` 111 [��I:G"® i A$ A 2 Ad I III nil a \ 1 ! ,,, \ rcro a a.- W pp��N ii o---- MIMI& , ' suvA it a 1 n 00 .00'CC Lc,o (BS t o'er l n m N N �N N ^ M N N 0O LO o N N ,_. .. .-- 1-N N N t- .- N N h N 'xi Z M N cd M N O U' O O Vv�Z 0306 tp tp �L M 0 33o �f N N 1.� M G �p �p �oOy pp O M .6 M " N G M N O M N C N N d' th N O M O 3 p N N N NN OO O L.41 , N p f- 2 0 0- a e z z z _ = A n A n An =4.1L --_ \ ;pm\\ 53nVA aH. A- A.. _ Z 1�\ W > z = 1-A -I T` = r. . far i it �� \Q\©j\�G Q 1/1Y1 NfM NfIVi �,ill•r...�•��\\�N.\\N T1vH 71ON TIM W W I''''''.1 CD I ,___, v v r CV . .t , O M N = pp pp pp�� p Qp� a O M N O n R �N I (H\ o O M N O 0 c' isl c, ^� p ` ' O M i N ,4 r-7 l N 53 R � N ►� = z z C-T-4 C,....., !lin iii 4"-,n. e x x x //j 4.///4 TWN 1114 i :iij/ ,j ccro % WW1 WW1 WIY1 Ai: i I i %•i/ a- > _Let2 1 1 i — \;* t j/ MY* A A � II— A� A� G 1 , H ow L 4-ino CI) 4:: \ r:: LIo v+•K LO'I 00-Lull 9.4.1C09ILOL TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Town Council THROUGH: Paul Nordin,Town Manager FROM: Jesse Drake, Senior Plannerj DATE: January 12, 2001 SUBJECT: Preliminary Plat and Final Plat for"Brunswick Place Condominiums", a two unit condominium project. Staff has combined the reports for the Preliminary and Final Plats, there are no off-site improvements or Improvement Plans needed for this plat. The plat is a request by Reilly Preferred Building Group which would condominiumize two units located at 16424 East Ashbrook Drive, aka Lot 1, Block 3, Final Plat 104. Please refer to the attached Planning and Zoning Commission and Staff report for additional details regarding this request. L TOWN OF FOUNTAIN HILLS (lisw PLANNING AND ZONING COMMISSION AND STAFF REPORT January 18, 2001 CASE NO: S2000-049 PROJECT MANAGER: Jesse Drake LOCATION: 16424 East Ashborok Drive, aka Lot 11, Block 3, final Plat 104. REQUEST: Consider the Preliminary Plat and Final Plat for "Brunswick Place Condominiums", a two unit condominium project. DESCRIPTION: OWNER: Bill Reilly APPLICANT: Reilly Preferred Building Group EXISTING ZONING: R-2 EXISTING CONDITION: Two-unit complex under construction LOT SIZE: 10,198.70 square feet (0.23) acres) SURROUNDING LAND USES AND ZONING: NORTH: Existing single-family residence, zoned R-2 SOUTH: Existing multi-family, zoned R-2 EAST: Existing multi-family, zoned R-2 WEST: Existing multi-family, zoned R-2 (iw SUMMARY: This request is for approval of the Preliminary Plat and Final Plat for "Brunswick Place Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of the request and the fact that this project does not involve any off-site public improvements, a "fast track" process is being allowed. The owner, Bill Reilly, has chosen to convert a two-unit complex, currently under construction, and record a Declaration of Condominium to sell the units Individually. The units will have a maximum livable area of 1,902 square feet, and a minimum livable area of 1,859 square feet. Each unit will have a covered patio and a two-car garage. The applicant applied for his building permit, BP00-4357 on March 22, 2000 and received his permit to build on June 9, 2000. RECOMMENDAITON: Planning and Zoning Commission made a recommendation for approval of the Preliminary Plat S2000-049 "Brunswick Place Condominiums" on January 11, 2001 and staff recommends approval of Final Plat S2000-049; "Brunswick Place Condominiums". o`��_ b q' m*" PI4'- 55a i cs' 1 V. a TOWN OF FOUNTAIN HILLS i0�.7.0, COMMUNITY DEVELOPMENT DEPARTMENT '`' ' ' ._; ONDOMINIUM:PLAT-APPLICATION ' to ,L G *r�� �' +Fz?- �r} a is, i ti, ,.. -:-.---A --- ..`Y'-A5.. .7s* Date Filed . � U �� Fee Paid s. cc) CiF1/.4- Accepted By Condominium Name P�A-L L //14i'�r 6( ASS-.4 GK- v con De m 10 i 0mS Condominium Address I (.0 (114 C, I}S h b roa (__ Di. Legal Description of Lot/Parcel Being Platted Plat 1 0 M Block 3 Lot(s) I Parcel Size Number of Units Number of Tracts Zoning • o R - ' ., , General Plan Land Use Designation Density Requested (Dwelling Units Per Acre) a A IT S Applicant D �. p Day Phone -�� P--e L�1./ P(2-.. , '- _ .0 al) 1.a I ft C F���l L�_ -7-2 00 9 'el_ Address City ST Zip P b sio t482ic + n +li .S ftZ 8S2-Lp9 Owner Day Phone Address111 Vitt ifj (AA3D0 11 City 0 0 i''Ci x ���,2 t 9Y ST Zip i)i\ 1 f lit OS /%Z. 2- ki Attachments(Please list) I O C' 'c Cr-F-- p4;K--, (*mot\ 3U ilkc.,t Signature of Owner I HERBY AUTHORIZE (Please Print) Date c Stk-Egt gcActy‘S Oz' I Dji i c= 44( _c,L LLL,..i TO FILE THIS APPLICATION. Subscribed and sworn before me this ir. day of °CZ )'A 8 `i-(Z__ `c'r� NotaryPublic,SA..,----, ,,,i_ /..S2e; e i )-4.---?-- - 'kfr `'rr"'�,�LR -: g I—C—;/C; ''' "�""' ;: SHERI L. BEANS `_ ,�C^P J Notary Public.State of Arizona L .4 MARICOPA COUNTY My c;,-nm.expires Aug.8,2003 - (Seal) TFH Case Number Fee Schedule Attached 5, 000 oq 5 ,r am- 31r0 ON 10u•;61rcnpytAwoNuowp :now-a _ An 3/ 80 N00d8NSV '3 tiZt,91 9990-LC9(OW Noa c 9L-LC9(Ogt) a31oN sr N 99ZS9 VNOZI8Y 'STUN NIV1Nf103 ,,,,,,,,� „ l 101 >0O18 1701 ldld s 40Z 311f1S '3AV M31A)N21Vd '3 9tL91 ,,1;; ,.l. [6Z66 Ma . " u '0'Tl.LN3IV30YNVW '� 0NIa33N10N3 ©i?%;i oaoz—R—n�� 1 't S� W31SAS ONIQ1if18 03dd3J3dd 1 O ,yv ST1'w'�nnrNvn s aroabilba Aanownn 4a aoot p�,nw.0 / '. r N A Ir 4 it 'riot r ! IP 1; 1 la s 1 il/4"; i 'I el ;Of zits V I , 1 1 i Lii wriii 11 !IIh 8 I1i! iii u 1 1 ;4011461 !164 1!!! I 1 jill i I r I r _ an t3)14.4i ' i li 11111 411 WI b i talax el A 11 41 kij • gMiI!III !diI :IIIlhilkii 0. - r \ T. , is---/--- \\,› �wri' �AO� a a• . 89� �l / / cA?3 .%i'43\ • il. iiii cZ \ $ r N 8i:.`'..7 i ��M g ! g „..4gfacial; V 1 .) E, / . , V •• 91 R :i.le 5 iE�� l 11113 ›.. � \.-y.' ' F.1 il / PIO i•HI !as ii ? Z § .74 )1112 u~11 J O 2 �<1 / • „' d. "�3 L Z Lr ,& � 0 y r^ di i§E� �•ad =UW '� M ���� y � .�RR I. o— a / \ Dz ifred N .�OJ C2 elfin! \ L Qv, p• co5, I 6 A)4 g M s"S 0 . t) _SI Mit Y. 4, ,..10,/ ,#,"? 0 < u /��7\ do / I� A o -J= ii-s / ''' 4'q\, / O F66< p 3 � 'r`y u s 1--1 '5 A OAS 47 " ` � ,\ 0, Cf / \ �J� �d��'4766s>r / o'�e �tf • OC J J ti X 5.4 .1140.4 *di. fcli ..› ,•-• .:-..--- 6.9;4: y •r 1.! \ I 1jiJi S' N N N '^Ne ,,3) PI . Q�, !t to i -t �J yY�___< �= 5 \0 s'l ° ti Z o 3!!a ! !; \ / hga ` � ,'�,� \ d lbw •''c 4 t1 gs w cq Xill 0 o J u y H— (I) b y 5 y; r en i!`R11 Q < Wiell :11 l6 Ng 114;10 IL. tom.1-, ��L -� • r tt. 9 % mn i� :RE: 1� l ix a <3� b. w x W1 n is 1 ;Amy �r� ;► 3i inn iliw g W < b- a 4c ,_ ..A um S I iii lb tt tilt! l i baRgft �c 1! b1� � ��1�<21�� i Is 11 ��b 2121 �� � �(Y Nil; ailigiggL 11 4i' I f. .t -1� _ i i!! Mil&WI ih ill !S xthib all!Mini! o !:;1111111 N i 11.1 . (ar iCu7 NOLp ]!1'0 ON j�Y'�t9MCRQVW/1=61WWp mow—. --_ _ sNOaN )1 Wild�11 3AWO >1OO i8HS '3 tZt91 //// _ 9999—LC9 (09�)"1S�91—Lf9(oat) _ 43LON sr °M7 l 101 lc NO018 tbOt 1V1d k 99ZS9 VNOZRIV 'S111H NIVINflOd I� i�,, L6Z66 et137�+ Kp umn•o i V. 40Z 311f1S lAV M31AN21Vd '3 91L91 ;,;I; ,,; W31SAS ONI011f19 038b333dd .071 alN3W30VNYW 'Q ONIa33NION3 i!:,;,;©,;1;,j °D3Z-u-it "mow° Q /rn'L arapvwvn,i otacriNdO AIGn00Lxon A9 000Z d DO W.= \ L f t1 0 ;a:14' c.re§k .!,.\ 1 - 134 Now%a ='� i 0 44, Is V) tft e ..„ « clL p Ali nro�� �� Jz? I • -- s A A A j A 7 Z ' Mill "1 .., G Z 13 .-1 ._ i y \ i co1 O 4 o =, st\ i= Al =\ Ac o Alm iii . . At l p 1 33L .F� S�1}__ Q" I.. -I f i J C .9,1 .9l•9l Ali ll 1,1 ZI ® Art L „,,tat,,, Li'0► .0o'ZL .9041 k Q co Zkv\- « Q m All I 1 is Al J 9 ,9 .001 OOroZ 00YZ .D 144\ trot 0'1l L . f TOWN OF FOUNTAIN HILLS MEMORANDUM (lbw TO: The Honorable Mayor and Town Council THROUGH: Paul Nordin,Town Manager FROM: Jesse Drake, Senior Planner iv DATE: January 12, 2001 SUBJECT: Preliminary Plat and Final Plat for " The Fairfax Condominiums", a two unit condominium project. Staff has combined the reports for the Preliminary and Final Plats, there are no off-site improvements or Improvement Plans needed for this plat. The plat is a request by Karlyne Stoffel which would condominiumize two units located at 16641 East Fairfax Drive, aka Lot 4, Block 9, Final Plat 104. Please refer to the attached Planning and Zoning Commission and Staff report for additional details regarding this request. r L TOWN OF FOUNTAIN HILLS (tar PLANNING AND ZONING COMMISSION AND STAFF REPORT January 18, 2001 CASE NO: S2000.050 PROJECT MANAGER: Jesse Drake LOCATION: 16641 East Fairfax Drive, aka Lot 4, Block 9, final Plat 104. REQUEST: Consider the Preliminary Plat and Final Plat for"The Fairfax Condominiums", a two unit condominium project. DESCRIPTION: OWNER: Karlyne Stoffel APPLICANT: Karlyne Stoffel EXISTING ZONING: R-2 EXISTING CONDITION: Existing two-unit complex LOT SIZE: 12,523 square feet (0.29) acres) SURROUNDING LAND USES AND ZONING: NORTH: Existing multi-family, zoned R-2 SOUTH: Existing multi-family, zoned R-2 EAST: Existing multi-family, zoned R-2 WEST: Existing multi-family, zoned R-2 (litw SUMMARY.: This request is for approval of the Preliminary Plat and Final Plat for "The Fairfax Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of the request and the fact that this project does not involve any off-site public improvements, a "fast track" process is being allowed. The owner, Karlyne Stoffel, has chosen to convert a two-unit complex, and record a Declaration of Condominium to sell the units Individually. The units will have a maximum livable area of 1,571 square feet, and a minimum livable area of 1,570 square feet. Each unit has a covered patio and a two-car garage. The applicant received his permit to build, BP85-7510, on November 19, 1985. RECOMMENDATION: Planning and Zoning Commission made a recommendation for approval of the Preliminary Plat S2000-050; "The Fairfax Condominiums" on January 11, 2001 with one stipulation, and staff recommends approval of S2000-050; Final Plat "The Fairfax Condominiums"with the same stipulation: 1. The gravel parking area adjacent to the driveway of Unit A shall be removed, and the area re-landscaped, prior to Final Plat recordation. This driveway pad does not comply, and is not located, per Town of Fountain Hills Driveway Policy design criteria. i 4°Arkt it _4- -1; TOWN OF FOUNTAIN HILLS 1•4:,.0' COMMUNITY DEVELOPMENT DEPARTMENT .. [, .. ' 15w.+.v.r»..31..„+ � .i Y tee .. lToN-''', i.f7.1..q:"--..''::_... .::-.1*-Fit. ...-,,...; r -,_ Date Filed Fee Paid r 6-1A- F P Accepted By it-a -ao voe Condominium Name . . Thy' fi4;* 4 a Loivtoa�r/,v/v,�r,5 Condominium Address /ô '// E it.;,,;f14/ 1'c ' 'e fiiiNaloiel h4Y1 s / Z Legal Description of Lot/Parcel Being Platted / 1 Plat k V Block 9 Lot(s) V Parcel Size/ Number of Units ta Ci3 . AI/ r,. ?1 .te e Number of TraG�ts /Ode Zoning x....ot General Plan La Use Designation At//" Re$414$44/ Density Requested(DwellingUnitaPer Acre) 4. $W idMh'/S 0e et_ Applicant Day Phone ki 1 ag i/•fie 1 Arr_mor, Address Clty ST Zip /GOM &` tiyi 8/✓e/. ot4A •1 Ilds Az 1.3"04, Owner e Day Phone . ICit,r4Ae fili/ e / 3 8 7 as/ Address City � w 11.E/s ST Zip /6 .1/a E. /c; j., /p' .e, /34a. rim,�,A 'M 7sV1 Attachments(Please list) Peel ea 6't P/4 t Iøv / ;,/, Js'vr y Signature of Owner I HERBY AUTHORIZE(Please Print) Date / lsw?•., L7 < , TO FILE THIS APPLICATION. Subscribed and sworn before me this day of , 19 My Commission Expires Notary Public L (Seal) TFH Case Number Fee Schedule Attached coo.-. 050 . II ! �� Q vZ 11I= : . . ! I 3:3ini II o _IN dill _ i < • l t ; pi..4...: 111 . r< t poQ ri- i tImpi _ I .. EEiE Ei u. r (lir V 1 ; 1 ! N !a • •! ■firlsli brit ! 1... a J— ! a I lb : 1 El A cc la; vit.... . lid II -I < a r-12 —C� W a 0 I I I I I I 1 —, r : 1 I f,a il., I 1 N <V a. y y 1 1 s i 2.2. 1 iI 1 J lirl iii I �. I LL r < % • 'v. a V Z ��' I II- i il q ihJ I w LL1 . I —J Ili 'al sat I I P S I I U--, I I •ti i I it 1..I 1 E# ` r C • ,, iiii tit 11 li 1g1 t {`rl r i I Irteit t !Pi j impo di s 1 1 1.... e__,t pit.,;., N 1 1 _2, s 5111111P. 1 !r�1 •! ! i` i ,_________1 1 it i 1 ? _ J a ; . wolfs;olf .! Y ,g it! il s I I 1 g1 ` r S :i hi`!!gh".I St i < 1 f i tr;;$.. t < I t i { J i jii I I ! 1 _ , T tt I ill . 1 III 1.r g E lb It r t nail I r i 10 — el1; gil 1 ' 1 `I I'�r;i. III It. Iasi": ,0 ll 1 lr Pi = I ii i rzr r ! :r r +- i-.l;t *I. e•E 1 • IPr i I fir i g V r'! ;i r i tit , t.r 1i �r 6T.�Y+il,i hil 'i'-- (kV* i 111 p! t Ili •i r t rr'rili t f��. f` locii II T. igil lill dil ell II ili hi t.l j r II �i i .� E I.t�'': :_ iii 0`siiilf '�r ��t �;;,. =i It Eiii! it 9 I IN.} rrf, ! 1 r,Ili ili;tlll III ttrjro1 rib Ps NI rl r i11 W .-li i ��al !id x .rr..lit Ti it..l .till. t 17_ril.rl rt.1,r v i.. Clc II h J j s t + • Aw8 C3/— 0. c , 114- CNI cc < 8 A 1.4 111 Impoi.4-4,cii.! 41 ›. o ZW 1 !Ai ij PS; 1i1I5 ,; r cL6.nU.. CD>1.r1.)1 oa +7 I y"7i o ! Dili. F Na o i 1 1 , i 1 1 F-, 1 1 1 I I I H 11 II i11 1 ._: F 1 1 I it Si il 1 li 1 / '�' F(OW i I0 ( a , ; F_. Q 1 1t '1I I. 1 - • y) V. Ili r ' j r �` r 2 I II 1 u.. le6 1 1 .,_ _J 1, 1 .. 1 II I 1 1 e1 skII 1 iPl 's 1 1 i 1 1 I `I i l i <g Il u. W 3 g II nil z--..wei-- phi .111 u. - TOWN OF FOUNTAIN HILLS MEMORANDUM (ikw. TO: The Honorable Mayor and Town Council THROUGH: Paul Nordin,Town Manager FROM: Jesse Drake, Senior Planner 3 DATE: January 11, 2001 SUBJECT: Resolution 2001-06, abandoning whatever right,title,or interest it has in a portion of the certain Hillside Protection Easement, and accepting the dedication of a new Hillside Protection Easement for Cuesta Acres Lot 4 recorded in Book 460 of maps, page 29 records of Maricopa County,Arizona(HPE2000-02 located at 16141 East Thistle Drive). Resolution 2001-06, is a proposal to reconfigure an existing Hillside Protection Easement by (iv abandoning whatever right, title, or interest it has in the existing Hillside Protection Easement, and accepting the dedication of a new Hillside Protection Easement. The Abandonment/Re-dedication covers 8,983 square feet on a portion of the lot, and steeper slopes than were contained on the previously dedicated Hillside Protection Easement. for Cuesta Acres Lot 4 recorded in Book 460 of maps, page 29 records of Maricopa County, Arizona (HPE2000-02 located at 16141 East Thistle Drive). TOWN OF FOUNTAIN HILLS STAFF REPORT January 18, 2001 CASE N O: H P E2000-02 PROJECT MANAGER: Jesse Drake LOCATION: 16141 East Thistle Drive, aka Lot 4, Cuesta Acres. REQUEST: Resolution 2001-06, abandoning whatever right, title, or interest it has in a portion of the certain Hillside Protection Easement, and accepting the dedication of a new Hillside Protection Easement for Cuesta Acres Lot 4 recorded in Book 460 of maps, page 29 records of Maricopa County, Arizona (HPE2000-02 located at 16141 East Thistle Drive). DESCRIPTION: OWNER: Robert Saunders and Ramona Saunders APPLICANT: Robert Saunders and Ramona Saunders EXISTING ZONING: R1-10 EXISTING CONDITION: Vacant Land LOT SIZE: 143,384.46 square feet (3.29) acres L SURROUNDING LAND USES AND ZONING: NORTH: Vacant land, zoned R1-10 SOUTH: Existing single-family, zoned R1-35 EAST: Vacant land, zoned R1-10 WEST: Existing single-family, zoned R-3 SUMMARY: This item is a proposal to reconfigure an existing Hillside Protection Easement by abandoning a Hillside Protection Easement and dedicating a new Hillside Protection Easement of 8,983 square feet within the area of the lot that contains steeper slopes. The effect of this proposal will shift the building envelope to the west. The new Hillside Protection Easement will be 230 square feet larger than the original Hillside Protection Easement and allow activity to occur on the less steep portions of the lot, while protecting natural areas on the steeper portion of the lot. RECOMMENDATION: Staff recommends approval of the Resolution 2001-06 (HPE2000-02; "Cuesta Acres, • Lot 4"). L TOWN OF FOUNTAIN HILLS QCOMMUNITY DEVELOPMENT DEPARTMENT L ;° . y: . .w , ^ : ?RELIMINARY=Pt AT`APPLICATION =�Y� } - :. w Date Filed Fe Paid Accepted By 1l of o, (7- Plat ✓Y �4 Name/Number CILESTA \c2ES LOT `7/ Parcel Size Number of Lots 0, 96 3 2_ ac4e, . c N Number of Tracts Zoning R ) - t o • General Plan Land Use Designation Sin7/� Ah; 44"-5,•y Density Requested(Dwelling Units Per Acre) One, - ApplicantR0b Day Phone e ,-- 4- 12a m v n ex. Sa t. ,')cl e:S f j 3 C,,S— Address City ST Zip J 1,c;l c C L c sr- /1/t_c.-1 D rn.'rr r1)I►i I I LLs 1)2.. ff.. ,s- Owner Day Phone S<<;)-) Address City ST Zip S inc._ Attachments (Please list) Signa re of I HER AU RIZE (Please Print) Date \ Gl fD2�ol 4-.4 J, .v t.,�✓ - 4 - c.-:-L--,- i « TO FILE THIS APPLIC ATION. o2e7 / Subscribed nd sworn before me this a day of2;g4. ,.'fig-- aii.161.61 aiei,-,, My Commission Expires I/ - '7 - v 3 Notary Public - - - -�.2_ _- ,..,,, OFFICIAL SEAL ". = J. R. BLANKENSHIP Aw')= Notary Public-State of Arizona `-.y`ig,.. MARICOPA COUNTY (Seal) y,.,.,,,,nAu,es r e Number (twee Schedule Attached / • • . • • 4/ 4.00,1:,( e/ 4' • • -9 c N • (by • •• • • 7A / • . eN. . • (nst .-)/. sz.1/co`o 0...8, pt--) • .*/ / w:r. Rik o- .. 14 . , i CD '41• •.E Ah •' /La �•�b�l� iIL4 4)' `' _l/ ;71.'0 -4; ,(4) .1 •II 4/� u, - ` 7 435/et.C./ • */. / o‘ f �co IsK`b8 / *t: - •4/. 412sl Z ) * / 749. / d 0 / I • i ziP.;7 ‘ 1.: „`�► �`` .ti/. / , �g g VA) • g .^,VaT // 4) er 1, / O hk/ 2 1 h/h0' / '��5�, 0"-, h� / • . / ,*/ •ilg)/,% 4/ N Z g / // ii c ,/ 4,, /\. ,/ */ lc- .4/ / ./) • 0, • Alk (n9 4,‘ Ns/ (I) 41-..N-7. -- CL Z w ILi d—,�� Z _J3 31 0Z. f / / # ' ' O w g I = I -J --- y)-ZI i* / 4 co l ► CN 1 — t /i.•` i• 7-4 ZI 3! '1 W /2moo �1 =iI �,,� 1� f g / � m • ► s4l� IN8 in- / S � J P I ► W W•\ I�Q- � o / a i' 4' I I 311d I a- tr) z " I *c.) E /`ti um, r_1 / /\ I c:..., 1:-i ... .: . 3 -. .. I /�1 = C.., U.: O \S ..r., 0 h :' �N � z 77.71 U /tip —' w '`' o V iltaw IT, N 09'05 00• W m z 1 'o, S L c$ �' W 1 0 •�ao 3 G O.gas �J � ZG _ _ ,o to -� �- 9'05'00� 73.3r_ _ _— No 12 • cR� A. N0kiamo Y1a°N lau'; srlpy(aawo6;uowp :pow-a 1V1d3a 1YN1S 3AIbd 3-11SIHl '3 lt7l91. 9999-Lf9(MO■o; S>•9t-L¢9(o9Y) a310N SY°"0F 99ZS9 YNOZIaY 'ST1IH NIY.Nf10d 60bOHrru a.r e e V 101 S3i�3V V.S3fl3 i0t 311f1S •3AY M3IA)IaVd '3 91191 © Wa0' 0 r •a•ri't�w o�vNvnw '*owNita uo1a 000a-el-oli»HaY/rasa ��� 33N3aIS3a Sa3aNnvs i V A 3WORINOW 7T•LOI'001IM111•OMIDi€.a YVO0110M Al MI •IOW�p _ L f ea i b 12 I 1131111 riggllidi I i li 0 it � « 11/ -14-t2dbi 11 liO 41 • ! If . algtifi s g ,.., „I cini'APRix . !fitful., -i f i 1! J fl 1 l' 8 -air v b 6 g wIgi 1 T n'etc? 7 V4. ic...1A\;\ i' 7i-1 s..„`"':i / .. , 210 i 11 ,6, Z O .nei � � f 1 i!il a §tr, O..., cf) -6% w -.- / c'fici-,-•Z \ � ' a E-1 U a` / %• srti � w / / 3 d;y .g= o aH W / / i" to>. Ci) .ck`i 0: ( ( I-- ,_ 8.ix o16 I ..r, /.-.. WW L Z !s I �' N 1603�26 w�S�N •' J io�°gib z� -"r h�b • I $ - c� ar zcKu I \`MLL', ON pO `J lZ CDca'oW I N ear) O co O z 0_ \ r' )'" •10~`a ,ci tin CO LEI r- N1S i7) in O ,J W ` O\ ,a a H F.u o o .3•n•d ri z 0,1 Z 5 > a;n.\ .., "'x 6". x L..,\ �� _ =� \i-*_-s W W u CA W o _ 0� � e Qi saws O)fV rh N Z �O°het�'(�V • z Z —_\_k ! /"Zs* . Z .i ,,,mis ,���H.P•E W (M)0. 125.35;(MR N 09'05'00 125.8 e LAJ c4 cD O di 1.t . N p Cb Ib11i4-di zI z z WIhd � � DRIVE _ Z 0 Q W $ 411� I p�� 6L01-A L...., ci, co 17..i . = a 4111141 ; s ' 41 z. #_liitigj.1 1� l l ' _5;\ 1 La o Ifill 111 '-'-._', / '•---\`. • , / , . , / , /, , , _ < -/ W ti / i '/ 11 c,/—', A \''''',',. -../..,' 1/ cel/ ..,,. . L4J- _ _, , % •p . ,� I N 31 !. _.„. i (-3 ; ii , .;., .,,, / „ ., , // , ,- c�gQit-J' " V ,-,,-;., , ....,,-,:t..':.:-_;,o'/;:f-./ ,•,-- ''',/ ,.1' ./-'91 - /' - t.- - ., / mil. i 4 / j c �� j. � f ,f 1' i — SSCC G ` • `j Ji, i _j / - • ,+. —yam (._,[-� / - .,.i: 1--.. ./j / , ,/\CD .;!_,.:!-,>''- ''' ... : . A . :Q. c---N1 _Lp(/ .,... ... J'' - -- Ill / ./4..-z-•,- ' -. /5Z ec7•47,c8 ///.'. . - , . r...,-,-, „.// .- ._____ ,,/,._,._—_, ., -.-i-- ., ./ijui. L_,-,./ .,-,,,....±..-,--..; c-.5- . . i--- . ,. • ,, .{-_-„,.::::,_:,;_;_ c--,1 ,:. .,. er ..9 m \.---- , --,--2.7-_,-, j ,,,, A,.) I • 1 -j" r %E /7 /�-- _t_L____— ,/ i , '',-.,—. . `,1,,, , '' - -:.•'.,': .' • '- :!"' :-;/ ' Cii) • / `- -A*' '-- 1. c • s o i �?Gy �. % W JF 4 e J _ \g / 12 �y U O 00 -4- LL ,� z w O a) O7 O '11ti soO •• 0 o can d �� X W 0 • ccnn W N- mot- N CD O) C N = O > p j N d- N � Q.) V ON 00 d CN W � � O Q V d w Lo 00 N cr) co CD 00 in W = • a ►`r) `4- O 0) CON W O O O O O O O O OHO O O N I`O O o N • O O O O CO O O O O • O O O O OY N N) Niby RESOLUTION 2001-06 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 HILLSIDE PROTECTION EASMENT AS DESCRIBED IN EXHIBIT "A" AND ACCEPTING THE DEDICATION OF 8,983 SQUARE FEET AS DESCRIBED IN EXHIBIT `B" OF CUESTA ACRES LOT 4 FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 460 OF MAPS, PAGE 29 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, hillside protection, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, The Town Council of the Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, All affected Town departments have received notification of the proposed abandonment/dedication; NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL NW OF THE TOWN OF FOUNTAIN HILLS,ARIZONA, as follows: Section 1. That the certain hillside protection easement, located as shown in Exhibit A H.P.E. Abandonment, and Exhibit "B" Hillside Protection Easement Abandonment, of Cuesta Acres Lot 4, Fountain Hills, Arizona; as recorded in Book 460 of maps, page 29 records of Maricopa County, Arizona; are hereby declared to be abandoned by the Town of Fountain Hills. Section 2. That the certain hillside protection easement, located as shown in Exhibit A Area Dedicated to H.P.E., and Exhibit "B" Hillside Protection Easement, of Cuesta Acres Lot 4, Fountain Hills, Arizona; to be recorded at Maricopa County, Arizona;are hereby declared to be dedicated to the Town of Fountain Hills. IA SSffiiL Resolution No.2001-06 MOTION C� SECOND COUNT _ —1-0 (kw PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this I b3day of J e-h t rr , 20 cal. FOR THE TOWN OF FOUNTAIN HILLS ATTESTED TO: (AAA—A. )1it haron Morgan, Mayo Cassie B. Hansen, Director of Administration/Town Clerk RE ED B : APPROVED AS TO FO ' : ul L. ordin,Town Manager William E. Farrell,Town Attorney (to Resolution No.2001-06 Page 2 of 2 When recorded, please return to: I (Ow I Town of Fountain Hills I P. O. Box 17958 I Fountain Hills, AZ 85269 I I Attn: Engineering Department I I CAPTION HEADING: GRANT OF HILLSIDE PROTECTION EASEMENT HPE2001-06 Robert F. Saunders and Ramona J. Saunders With Exhibits This is part of the official document. (by c ' v' i�war o• Esc t : fiat is " Copies Routed To: ❑ Administration ❑ Engineering ❑ Community Development ❑ Parks&Recreation ❑ Magistrate Court O Marshals Department When Recorded Return To: fkilw Community Development Director Town of Fountain Hills P.O. Box 17958 Fountain Hills, AZ 85269 GRANT OF EASEMENT Robert F. Saunders and Ramona J. Saunders, grantor, for good and valuable consideration, hereby grants to the Town of Fountain Hills, Arizona, grantee, a municipal corporation, its successors and assigns, a perpetual easement upon, across, over and under all those areas on Fountain Hills, Arizona Final Plat of Cuesta Acres Lot 4 as graphically depicted in Exhibit "A" and as legally described in Exhibit "B", as "Hillside Protection Easement" for the purpose of preserving the natural topography and vegetation of land area. The owner or any of his heirs, successors, or assigns shall not perform nor allow to be performed, any construction; or cutting, filling, grading to the topography; nor any grubbing, brushing, removal, or otherwise damage any vegetation, rock outcropping, or other natural feature in the Hillside Protection Easement area without prior Town Council approval. A trailway may be a permitted use if approved by the Town Council. 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 /2CZ day of ,/ "2rL,1 2001. By:4/14-0,17Q.z,c,-.....A.4,6--.--,- obert F. Saunders By: l.1�cr.'" Ramona J. minders AL SEAL STATE OF ARIZONA) REBECCA M. DALMAN County ofMaricopa 2�ca S ' I:VD AND SWORN BE before me this /i day of 2001 by .e'er p1 . ,/ ��rn . -.4,-4271 • 41,,,,..„) otary Public My Commission Expires: (-77 k, /3 i 4., EXHIBIT A -c-_, 7 H.P.E. ABANDONMENT QUESTA ACRES LOT 4 w J c •�4. 1f ,3 : s e • -c-.1 21549 OAV►0 R. W MONTGOMERY b ° ku- ' oih �• 0=90'00100' 2 - R=20.00' �R�=o`ka;�''�°`� 0 o z L=31.42' 150.22' w(111w -ir, N P.O.B. N 79'25'36� E9 y?pg; N `\ N/ �. .81, N 09'05 00 W ti6 22.29' LOT 4 CI co ECI CI G7 �� 0"05'00 �. :fj• N 80'S5'00' E CP.0 01 27 84' * 30.00' ti': � :. . 716. E 70. 0/ 17 27' •?6, ic. / rt ..3/► N �C' N 80'55'00° E ‘<4, rilith„ ♦ , N0°�` ti r3�.01 125.71�M� �h� N 80•51'S0 E (M) 125.66'01) >;049,(gyp) /0,48, - - N 80.55•pp" E (R) N N 617 4f (R) LEGEND KA INDICATES H.P.E. AREA ABANDONED (111w EXHIBIT`Tr Hillside Protection Easement Abandonment Cuesta Acres, Lot 4 A part of Cuesta Acres, Lot 4 as recorded in Book 460, Page 29, Maricopa County Records, Maricopa County, Arizona, more particularly described as follows: Commencing at the Northerly most point of said Lot 4; thence South 79 degrees 25 minutes 36 seconds West along the Northerly line of said Lot 4, a distance of 150.22 feet; thence South 09 degrees 05 minutes 00 seconds East, a distance of 22.29 feet along a line of said Lot 4; thence South 80 degrees 55 minutes 00 seconds West, a distance of 30.00 feet along a line of said Lot 4 to the POINT OF BEGINNING; thence departing said Lot 4 line South 60 degrees 48 minutes 31 seconds East, a distance of 145.26 feet; thence South 80 degrees 55 minutes 00 seconds West, a distance of 38.31 feet; thence South 63 degrees 14 minutes 48 seconds West, a distance of 50.44 feet to a point on a line of said Lot 4; (*to thence South 80 degrees 51 minutes 50 seconds West along a line of said Lot 4, a distance of 30.01 feet; thence departing said Lot 4 line North 54 degrees 05 minutes 00 seconds West, a distance of 42.55 feet to a point on a line of Lot 4; thence North 09 degrees 05 minutes 00 seconds West, a distance of 29.91 feet; thence departing said Lot 4 line North 26 degrees 27 minutes 16 seconds East, a distance of 17.27 feet; thence North 09 degrees 05 minutes 00 seconds West, a distance of 27.84 feet; thence North 27 degrees 31 minutes 06 seconds West, a distance of 24.70 feet to a point on a line of said Lot 4; thence North 80 degrees 55 minutes 00 seconds East along a line of said Lot 4, a distance of 10.21 feet to a point of curve concave Southeasterly having a radius of 20.00 feet and a central angle of 90 degrees 00 minutes 00 seconds; thence southeasterly along a curve of said Lot 4 an arc distance of 31.42 feet to the POINT OF BEGINNING. Containing 8,954.48 square feet, more or less, subject to all existing easements. bir`ot .aloes na�:?, 76' 1. 101) •4:"A ..Ilt.21549 DAVIO R MONTGOMERY (toe 1.4 i %rood. 44IZON P' A. 6' C., EXHIBIT A --c, AREA DEDICATED TO H.P.E. if QUESTA ACRES LOT 4 Li V Q — +o. 1 o' 21549 DAVID R w =90'00'00" 114 ONTGOMERY o- R=2o.00di. ...•. vnedin N L=31.42 4R/zoNA.v•ll P• co Z N 09'05'00" W 0.22' 22.29 15 N y N 79'25'36� � 132•�1 *Ss, 69 ?p94 79'251 36 9" 10•�� N <43.81, (11, P.O.B. � � 7g•2 '36iEssr.,12.2g Or- 69.29 ¢ gyp• 6�Sit' ��8 ZZ ' LOT4 0 „, co 0 2 cS uciL t= N 80'55'00" E o P- 'kl' 0Cis 0�, 30.00' Nw 4°. EX 1 ST. ^� H.P.E. /' • ...., \ N 80'55'00" E �'ti •o c‘i ,0" / h 4441 P ccrr+ N 60<o• C5' _ IC, tyi ,..v p.1*- " E ti �� N 80•5V50E ) 125.66101) //a , 6403 R N80.55'00" E �R , 9, , N y� * LEGEND (Ri KA INDICATES H.P.E. AREA DEDICATED (liw EXHIBIT"B" Hillside Protection Easement Cuesta Acres, Lot 4 A part of Cuesta Acres, Lot 4 as recorded in Book 460, Page 29, Maricopa County Records, Maricopa County, Arizona, more particularly described as follows: Commencing at the Northerly most point of said Lot 4; thence South 79 degrees 25 minutes 36 seconds West along the Northerly line of said Lot 4, a distance of 150.22 feet; thence South 09 degrees 05 minutes 00 seconds East along a line of said Lot 4, a distance of 10.00 feet to the POINT OF BEGINNING; thence departing said Lot 4 line North 79 degrees 25 minutes 36 seconds East, a distance of 132.48 feet; thence South 55 degrees 49 minutes 00 seconds East, a distance of 80.31 feet; thence South 35 degrees 30 minutes 03 seconds West, a distance of 106.79 feet; thence North 60 degrees 48 minutes 31 seconds West, a distance of 40.98 feet; North 80 degrees 55 minutes 00 seconds East, a distance of 6.94 feet; • thence North 35 degrees 30 minutes 03 seconds East, a distance of 23.12 feet; L thence North 16 degrees 03 minutes 26 seconds West, a distance of 45.37 feet; thence North 55 degrees 49 minutes 30 seconds West, a distance of 44.18 feet; thence South 79 degrees 25 minutes 36 seconds West, a distance of 69.29 feet to a point on said Lot 4; thence North 09 degrees 05 minutes 00 seconds West along a line of Lot 4, a distance of 12.29 feet to the POINT OF BEGINNING. Containing 8,963.00 square feet, more or less, subject to all existing easements. ot.bab;a hV� ti a(lb 4� 0 �n r a 21549 DAVID R. MONTGOMERY L INTEROFFICE MEMORANDUM TO: HONORABLE MAYOR AND TOWN COUNCIL FROM: PETER B.PUTTERMAN,INFORMATION TECHNbLO 'ii INIS TOR SUBJECT: NEW COMPUTER PURCHASE FOR FISCAL YEAR 200-2001 DATE: 1/17/2001 The I/T Department, acting in accordance with the budget approved by the Council this past July, went out to bid on computer hardware for Town Hall and the new Community Center. The RFQ was set for 36 computers to meet the following breakdown: 28 Computers replacing older"end of life"units 4 Computers for the new Community Center 4 Computers to meet staff and departmental needs A specification was sent to eight vendors that had requested the opportunity to bid on providing computers for the Town. Included among these vendors was Direct Access Computer Solutions, a LFountain Hills based integrator. The specification was written to ensure the Town's purchase of a quality product and a"high"level of features without paying extra for"cutting edge"technology. The summary of the bids received follows: Company Bid Price Meets Spec Transource Computers $25,077.60 Yes Dell $29,438.64 No Hewitt Rand $31,274.52 Yes Act Computer Solutions $31,927.50 No Direct Access Computer Solutions $33,838.13 Yes Tri-Star International $35,820.00 No Accram Inc. $35,877.50 Yes CompuCom $41,562.64 No Staff is pleased that of the four bids received that meet the specification issued,the lowest bid is also the lowest qualified bid. Staff recommends that the award of bid for 36 desktop computers go to Transource Computers of Phoenix,AZ for the sum of$25,077.60. L Fountain Hills (kw Parks & Recreation Memo To: M. • Morg and Town Council Through: Pa • From: Bryan ugh- • - ; - •f Recreation g . Date: 01/12/01 Re: Four Peaks Neighborhood Park Master Plan History The Four Peaks Neighborhood Park Master Plan — Phase II focuses on the remaining land south of Caliente Wash (approximately 11 acres) to be deeded to the Town of Fountain Hills from the Fountain Hills Unified School District. The area is outlined on the attached site plan. The Four Peaks Neighborhood Park Master Plan has been the focus of several public meetings and periodic Council review over the course of approximately four years. On December 11,2000,the Parks and Recreation Commission approved the Master Plan with revisions resulting from the renovations to Four Peaks Elementary School and the addition of a permanent skate park facility. Staff continues to work on an agreement with the FHUSD to transfer the land to the Town to develop this project. The agreement should be completed and presented to Council during the early part of the year for approval. Master Plan Description An 8 1/2"x 11"Color Site Plan is attached for your review. Although the FPNP Master Plan takes into account the entire site,the Phase II amenities to be developed are located on the acreage south of Caliente Wash. Those amenities include: new lighted in-line roller hockey facility with bleachers, new lighted basketball courts with bleachers, shade bosque with picnic tables, new storage/maintenance yard, new parking lot (29 spaces), school playground, new skate park, new bike rack area, large group ramada with picnic tables and barbecues, new parking lot(25 spaces),new trash enclosure,as well as connecting walkways and lighting. Although a new 13,500 S.F. Community Recreation Center (#13) appears on the Master Plan, it should be considered a separate project. L •Page 1 Project Costs (lior The project cost estimate is$1.7 million plus contingency and engineering fees. Staff will be submitting a Heritage Grant Application to Arizona State Parks for FPNP — Phase II for consideration in the 2001 grant cycle. The FPNP— Phase II project was selected by staff as having the best opportunity to score well under a new, revised grant scoring system. If awarded, the Heritage Grant could provide up to$560,000 for the project with Town general funds as a match. Recommended Council Action The Parks and Recreation Commission and Staff recommends approval of the Four Peaks Neighborhood Park Master Plan as presented. Thank you for your support of this project. L L •Page 2 Z 11; l ig �Bg ii = -$ t .1 zv$ -g - o c W Y �`? tl# Y +� ,gc v J Z Vn� gE b (111W 1 es4 7 10 0 ® z 0 z i 1 as V ; �Q t. _ LL a N o - 5 411 -i t 3 z A r i go 5 -11.1a- gil / 2. 0. 3 11 i 1 i t 1 - E r IAA & f I Ei t u_ Z LL U Z W W t�if Z W W W W V U 0000000006000000080 000000 000 01 A --' rP 1,4 *if 0. ----'ir ---.... ; — ei _ 4, '4 *� r 1:� ki +(kW '"' 14W 1 C y .: "., ? 1 k+ x ..:- . .ir rye .... 4'4 .v ii"— ar yr-vrr.v.. ter.- __,... bk. '4v, g '4'- - - ,.:J. e1 a �:,, ' s 1' ; a t i°r r, sr ---N..,- -4 - ----.' .1'''L- l' '7^ '''''''''.'la;„.641,41,S„N"4 4:..1.;.'` ,..„ ,,,,..4164, *i}',.. q r-"4-''''' . ! = f ; S f ^ , - g WA -sI > S .i.d4,1 7 i fi e . # �' t `sr �+ .wwiia g 3.srsi}F h de ix 9g ' f ry ' -ax<1 ,4 ) e ... .. � e i �+' �x �q pp, •t lVm F � l e w v -;se e.,r j�yap 1:z1 ";;" wrrw..saa..i. ' eu .aw !♦ �a� r.rr' .r.�:, ' +d.7 r.x.Fee.u�'a�.t2:sa "�•, Y ^✓rr 1�•:: `` . ;. 4:1 qZ ,. .„, ,i. , ..,..\':',,*':»4,g.• ' ,!,,,f‘i"ft+-:' t i . vi . a:. - ` , „04i. ‘( a r .. :.,..- f, . . ; ;'. ---, 1 •.• CI.) I cz. I:',• (11W 4 . . . . ' t •A • '.. . ., :•'i. , . , • .. -. , - , flaC t •,'7'. - k A. • , ,, ,. . . . C • , . . . ,. . D (I) .; - , Z .1"-• fa- Cl) 7 ',' • , , . . . ID) ,,,,•._. ,., '.._ '- • - L r '•.- . :- - ' T: . . - '- : ' , '.• . :, $ ' '''' , o To- ;, ' I I .' ,-- : a_ 72 53 S t, -, f..- L -;, .._ ci-) ,-„, C - .,, 0960e ° ° L'F'_ Z) -cf- Q(3 04006 : . 0 . - - - ' ' - t.• . ..,. _ . . . 4 1,.,01 ",',:;;k'''*:,;4'' ' • 1/ I!'r 4' *:If;*,'4 • . " ":"-'.,'' ., .11 ,. i-; ''7: ,..-.A.7.,,,,:.4..:,..-,...::-,,,,,,.!.-..,,,. .',=1„;;.,...„, i. fa. ,,•_.‘",.—. • e. / !Ilese7-' ,4, , .i ., -;::' ',;Z!:;?:,::::i :•.,-:.',.'::"';ti.,:-.1:;'. ....:‘'. / 2r.,- ' - .(e.,...L..L.'".• i.,_ , t.46.,. *. '-.,"41/,eE..7-71 ,-: ,.' '-'1v-',. ..;--4-,;'''i',".,_41...;1,-.74.:-:-?..,,.,,,,-- + 9 •.- ( t 77,-,;', kr.,..,,1::l• : .1 r.,::,!!!...1:''' .:;.,',V4-'7ArkfAlt:1;',:41.,'.'''''''.'i.:+'',1:', ::,,,.:)';'i."-;.:,..";:''''',:;':AA :„.: '. '*1.....j.- :" -';4.,. ",,,, 4 6!c:''4:::-'''.;2‘,--=',/,..,'•".,!:' ,1*,..i'';',.4.1;ii.k•;4*.'"ri44(''''':'"::''l'r::':'.: 1 t„. g-p\-6, 1 .•:k 1,f,,;,..:Tif,;,....4,,,.,,,,,,,t.7,::„',..:::,..--,.::-,.:.7,,---..;:%-..: '. . .•,.',..;2'-,;,...--,--'-.,..":."2;.i:;-,'i.,,i,,,,,',"4,,,ii.„,-1::;' 'i , '.*,, . .,•.:', .; ' i , - ,,,,•-••,..af:-..,,,,,,::•-•.:.-.,,..,,trifx:',,.:;;,..,:',3A0..-.i!,i47:,-,„,,:;',..:--..-.„- •-•."..,••••.-1:...,?4,,,,,,,;,,,,..-:-.: , • ''•,,,,,,--;.. ,,,,,,, ,,, , „,, , _i_LI.,i Km, ;,,,,,,,,,,,,,..„.;,,,,,,,,:,.„,:t,i',21,-,,,,•r,..„,444:,;,,-.4.ij.,c,:i4-:,:,,Itii,„7„1:',,-- '..;,...•-•.J,,',-;:,:!---,,LT'.: 4 - .„,..,,,:' ' f . .,•.- .- .1 ...'.(.1D i .•. , ':';'A,-1.,''''':-„..-;1:.::,i;,':.:i''.-",-*.,:'1::-!-:-.,..iis•.''7 4.:,.-,-;.'...:,.-,,•`,..,:;'::„,1...,..:74if;,..,.,,,J:':.:0.*.,; i'11;:...-,.i4- N.,"2,'I.,-,;,i - a V iI .L., .';,'..''.'',.:,,':',,l.''•'''/' ; --- $ ' 4 r .: : --•'- ,,.7-•.-:."..„ v' .. .• ..• ..: 'LiV :#':"';',',...1.;.4,-,!:,/!,-.'••::,'6". .. ' •` . .. ,- _" 'r-.. i :i' * •-,:,.t'..;;'. .''' -'''''''' 4.....:--- . .--*''''''':"''''''''' t l'-. ':'-'''' '''''' -.'• . .'4:'-*I'' ' ' ; j.;i: .,..i::'''''''7` , '' •,- ':-•:,'--;*:.1..".: L''',•-'•-::''':-.'''':''' '',-,.‘:•-,-: 'V-.;t k'::' •' : !‘'''' ', f - '' fi'n-,i.:',:,,t-- . '''' '''-::-.': '1-",..4'."':',-:,.-:,4:ti'::'-''''-' ''-'°:.."?.*4'•,'.7::'.'4:..'"•:::-: ',:*,.,:• '''', 7 7• _,t.,,li . I. . ,,i' r ' . ..,, .. : ,.. ,!•• -''.t.-4....'!.'.c:,. ': . . ' ..,4.4 ,• , •:'l'''''. is., 7 f.•;.,..': :::.....'4;.....,...4;:, 1"t, ,,,,,,,,p; ',!,;,-------.,-•y..54:t.".;-:,':‘.1,::.,-, ,.-.:-,,,, ',.;:,--,4-i,:::,--'-'.::,-,...-'-, •, ,,:- . . ,-- '- --..::,;.: '.2-' ''-,- . • ,, „„..,,,-„....„,,,,,,---,,z,, -,di,,,-.,- ---- , .._ (alir. •,,,_____. . . _......... , TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Mayor and Town Council THROUGH: Paul L. Nordin, Town Manager FROM: Don Clark, Deputy Director of Parksol/e/04. Parks & Recreation Department DATE: January 11, 2001 RE: Heritage Grant Resolution for Four Peaks Neighborhood Park Phase II The Parks & Recreation Department will submit an application to Arizona State Parks for one Heritage Grant on February 28, 2001. The Heritage Grant LProgram requires applicants to submit signed Resolutions no later than Friday, April 13, 2001. We would like to be able to submit a fully executed Resolution with the Heritage Grant on 2/28/01. Attached for your consideration and approval is the Resolution for the Four Peaks Neighborhood Park Phase II Grant. The Grant request is for $560,000. cc: David Case, e group, Inc. L 1 18 01 FPNP Phase II Heritage Grant.doc Resolution No.2001-01 RESOLUTION OF THE TOWN OF FOUNTAIN HILLS APPROVING THE APPLICATION FOR LOCAL, REGIONAL AND STATE PARKS FUNDS FOUR PEAKS NEIGHBORHOOD PARK PHASE II WHEREAS, the Legislature under A.R.S § 41-503 has authorized the establishment of the Local, Regional and State parks program, providing funds to the State of Arizona and other eligible applicants for acquiring lands and developing facilities for public outdoor recreation purposes; and WHEREAS, Arizona State Parks Board (BOARD) is responsible for the administration of the program within the State, setting up necessary rules and procedures governing application by state and local agencies under the program; and WHEREAS, said adopted procedures established by the BOARD require the applicant to certify by resolution the approval of applications, signature authorization, the availability of local matching funds, and authorization to sign a Participant Agreement with the BOARD prior to submission of said applications to the BOARD; and NOW, THEREFORE, BE IT RESOLVED THAT THE TOWN OF FOUNTAIN HILLS hereby: 1. Approves the filing of an application for Local,Regional and State Parks grant assistance; and 2. Certifies that the application is consistent and compatible with all adopted plans and programs of the Town of Fountain Hills for outdoor recreation improvements; and 3. Agrees to comply with all appropriate procedures, guidelines, and requirements established by the BOARD as part of the application process; and 4. Certifies that the Town of Fountain Hills will comply with all appropriate state and federal regulations,policies, guidelines and requirements as they relate to the application; and 5. Certifies that the Town of Fountain Hills has matching funds in the amount of $560,000 from the following source(s)Town of Fountain Hills General Fund; and 6. Appoints the Fountain Hills Deputy Director of Recreation as agent of the Town of Fountain Hills to conduct all negotiations,execute and submit all documents including,but not limited to, applications, agreements, amendments,billing statements and so on which may be necessary for the completion of the aforementioned project. (ASAI - M ION SECOND SSA COUNT Town of Fountain Hills 41.4 Memorandum DATE: January 12, 2001 TO: The Honorable Mayor and Common Council FROM: Dana Burkhardt, Senior Planner c-D , TRHOUGH: Paul L. Nordin, Town Manager SUBJECT: Ordinance 01-07, Consideration of an amendment to the existing"R-3 P.D." Multi-Family Planned Unit Development Zoning District to allow a restaurant facility within the existing Mirage Health Club, located at 14815 N. Fountain Hills Blvd.; aka Mirage Health at Club Mirage. This is a request to amend the existing "R-3 P.D." Multi-Family Planned Development Zoning District to allow a restaurant facility within the existing Health Club at Club Mirage. On January 11, 2001, the Planning and Zoning Commission recommended 4.7 approval of this rezone with stipulations to clarify the parking issues identified in the attached report. Please feel free to contact me at 816-5138 if you should have any questions. TOWN OF FOUNTAIN HILLS ORDINANCE 01-07 mipt 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 THE OFFICIAL ZONING DISTRICTS MAP OF THE TOWN OF FOUNTAIN HILLS BY DESIGNATING 2.8 ACRES OF LAND, AS GRAPHICALLY SHOWN IN EXHIBIT "A" AND LEGALLY DESCRIBED IN EXHIBIT "B", THE CLUB MIRAGE "R-3 P.D." RESIDENTIAL UNIT PLANNED DEVELOPMENT ZONING DISTRICT TO PERMIT RESTAURANT FACILITY BY USE AS ADOPTED UNDER MARICOPA COUNTY CASE Z74-1 AS AMENDED BY MARICOPA COUNTY CASE Z86-238. 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 (Ow Chapter 2, PROCEDURES. Section 2.01, Amendments or Zone Changes WHEREAS, p 9 establishes the authority and procedures for amending the zoning district boundaries; and WHEREAS, Chapter 3, ESTABLISHMENT OF ZONING DISTRICTS AND BOUNDARIES THEREOF, Section 3.02 Boundary Lines on the Zoning Districts Maps establishes the "Official Zoning District Maps"; and WHEREAS, Public hearings were advertised in the December 6, 13, 20, 2000 editions of The Times of Fountain Hills and Rio Verde, pursuant to Arizona Revised Statutes §9-462.04, and WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission on January 11, 2001, and by the Mayor and Common Council on January 18, 2001. rr 11--t rari NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Section 1, The "Official Zoning District Maps" shall be amended to change the Zoning District Designation of 2.8 acres of land, which is graphically depicted in Exhibit "A" and legally described in Exhibit "B", a.k.a Club Mirage to the "R- 3 P.D." Residential Unit Planned Development Zoning District to permit a restaurant facility by use. PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 18th day of January, 2001. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Sharon Morgan, Mayor Cassie B. Hansen, Town Clerk L REVIEWED BY: APPROVED AS TO FORM: Paul L. Nordin, Town Manager William E. Farrell, Town Attorney L Ordinance 01-07 Page 2 of 4 EXHIBIT "A" (kmw L Ordinance 01-07 Page 3 of 4 �a �� rf EXHIBIT "B" L L Ordinance 01-07 Page 4 of 4 wH 4 _ TOWN OF FOUNTAIN HILLS tip,-,,— COMMUNITY DEVELOPMENT DEPARTMENT rM Y'. .. .. .• a "` i.t. Date Filed /O Fee Paid /c2 7/oa 00 Accepted y Location of Subject Property K RAq Kent,,ii 14•'t S FouliTAt,N htLLs 6t_v fl FovoTwo N us T526 e Legal Description: Plat Block Lot(s) Applicant/OwneF gE�-J��k`'�I�i ik� Day Phone��-- A d re �, EL c.rq€o Lob b . - Ct-`11 t11 LL Is ST l Zip Current Zoning �Z- I �526 Proposed Zoning General Plan Land Use Classification Proposed Land Uses Acres Units Gross Density Single Family Multi-Family Commercial Industrial ilipoodging Other 1. Describe the current water service serving the area. CAA IN?fiefL_ 2. Describe water service infrastructure improvements needed to serve the area. NO a\-1l e%GS l.-, o xks`r-1,v ck r iTCfitEk) 3. Describe current sewer system serving the area. 4. Describe the sewer system improvements needed to serve the area. N° ctA‘ALAES eK( STi IQC1 t-(itttEK) 5. Describe the existing street system that would provide vehicular access to the area. 6. Describe any new streets needed or anticipated in the area or as a result of the proposed rezoning. ►�v ti c� (Attach additional sheets if necessary) Page 1 of 2 TFH Case Number • TOWN OF FOUNTAIN HILLS REZONING APPLICATION (Page 2 of 2) csi of 0 er k. Date/0 _ 4741S-- _ If application is being filed by an -‘ert. i-core owner please complete plete the following: (Please print) 1, ��,� � -- - �� ' vv1 ,-� , hereby authorize Ve_y`jc,, v� r r- S , as myagent to file thisapplication.9 application. Subscribed and sworn before me thi . __ _ . - . it ►1 /� - / / ,�` / ' ,r OFFICIAL SEAL J. R. BLA //- 7 ? 3 i"` �' ��hN" sion Expires " r Notary Public-St to of Arizona Notary Public / MARICOPA COUNTY My cornm.expires Nov.7 2003 (Stamp) Please provide the following (attach additional sheets): 14. Two (2) complete sets of mailing labels with names and addresses of all property owners within 300 hundred feet of the external boundaries of the subject property. If necessary, additional sets of mailin labels may be requested by the Town of Fountain Hills. g 3 full size prints (preferably 24"X 36") of the site and surrounding 300 feet showing the existingzoning d land uses. . xisting site plan with topography with one to five foot contours as determined by the Town of Fountain Hills. XT.�Proposed development plan showing g topography, existing and prosed drainage systems, streets, preliminary lot lines, land preservation areas, open spaces, land uses, and other information as required in Section 2.01.B of the Zoning Ordinance for the Town of Fountain Hills and/or requested by the Town of Fountain Hills. 5. If a Planned Unit Development ("PUD") being q provide a narrative describing which of the P is requested, three minimum criteria is being met as described in Section 2.05.0 of the Zoning Ordinance for the Town of Fountain Hills. 6. 1 8.5"X 11" photostatic reduction of each of the above refere ced exhibits. 7. Title report verifying the applicant as property owner. emit Rezoning Fee: $1000 plus C"�"" ' $5 for every mailing label submitted PUD Fee: $1000 plus $5 for every mailing label submitted (ery TFH Case Number P.U.D. NARRATIVE (itior Proposed is a snack bar-style food service establishment offering breakfast, lunch and dinner primarily to patrons and members of Club Mirage. Depending on the issuance of a beer wine or liquor license, we will also be offering alcoholic beverages. During the winter and spring months only outdoor seating will be available but we are hoping to transform an area inside the club for indoor, air-conditioned seating during the summer months. Hours of operation will be approximently 6:00am until 9:00pm. As far as conforming to the criteria mentioned in 2.06C of the Zoning Ordinance, we are planning to re-open what has already been a full-service restaurant for more then the past 12 years. The reason for the application is to conform to town planning criteria as the previous special use permit has expired. L A filbor Town of Fountain Hills Memorandum DATE: January 12, 2001 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder,Director of Community Development 31b..) THROUGH: Paul L. Nordin,Town Manager SUBJECT: Public Hearing and Consideration of Ordinance 01-06 that would amend Chapter 1, Section 1.12,to modify the definition of Building,Height of, so that the building height of buildings with basements or with one-sided walk-outs is measured from pre-existing abutting grade and not from the pad grade of the basement floor or walk-out floor, Case Number Z2000-17. Councilmember Fraverd originally requested that this matter be reviewed and considered by the Planning and Zoning Commission. The Commission subsequently initiated this amendment and on January 11, 2001 recommended Town Council approval of Ordinance 01-06 by a vote of 7-0. The Town has sporadically utilized an interpretation by former Community Development Director Gary 4111w Jeppson whereby building height for buildings with basements or some types of"walk-out"buildings was determined differently than the method strictly described in the Town's current definition of"Building, Height Of"in Section 1.12 of the Zoning Ordinance. Staff has been reluctant to continue interpreting Mr. Jeppson's interpretation without some formal action by the Town Council. The proposed definition of "Building,Height Of"as included in Ordinance 01-06 would codify Mr.Jeppson's interpretation. The Town's current definition of Building Height is : Building, Height Of: The vertical distance measured from the natural grade level to the highest point of the structure directly above the natural grade when such structure is not located in a platted subdivision. If the structure is located in a platted subdivision, the building height shall be the vertical distance measured from the finished grade as shown on the subdivision grading plans or finished grade as shown on the individual lot's grading plans, (whichever is lower), to the highest point of the structure directly above the finished grade. In the event that terrain problems prevent an accurate determination of height, the Zoning Administrator shall rule as to height and appeal from that decision shall be to the Board of Adjustment. Staff prepared an amendment to the zoning ordinance that would not count basements and at least a portion of the walk-out floor as a part of the building's height. Staff has prepared the proposed amendment to Section 1.12,Building,Height of, of The Zoning Ordinance for the Town of Fountain Hills. New text is shown as double-underlined and text proposed to be deleted is shown as crossed-out. 1.12 Definitions. For the purpose of this ordinance, certain words and terms used herein are defined as follows: All words used in the present tense include the future tense; all words in the plural number include the singular number, all words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise. Gender shall be universal, any reference to Town Council Memorandum Z2000-17 January 12,2001 fklire Page 2 of 2 one gender shall also implicitly refer to the other gender. The word "shall" is mandatory and not discretionary. Other words and phrases used in the ordinance shall have the following meanings: Building, Height Of: The vertical distance measured at any point from the natural, pre-existing grade level or proposed grade.whichever is lower,to the highest point of the structure debeve w en such uT str ctre is not locate`' in a plattedsub ion If the structure is located in a platted subdivision where grading was done as a Hart of the subdivision's improvements, the building height shall be the vertical distance measured at any point from the finished grade as shown on the subdivision grading plans or the natural, pre-subdivision grade, finished—grade—as , whichever is lower.),to the highest point of the structure If the structure has a basement. where the basement floor pad grade is lower than the preexisting grade and where all exterior walls to the basement are completely back-filled to the pre-existi • trade and no ingress or egress is proposed dire tl from the basement to the exterior of the building,building height shall be measured at any point along the pre-existing grade to the highest point of the structure above that point. If the structure is proposed as a walk-out, where the all-of-the walk-out or lower floor pad grade is lower than the preexisting grade and where ingress and egress is proposed on only one side of the walk-out floor and the where the other non- walk-out sides of the walk-out floor are completely back-filled to the pre-existing grade and no ingress or egress is proposed directly from the non-walk-out sides of the walk-out floor to the exterior of the building„ building height above the walk-out level shall be measured at any point along the pre-existing grade to the highest point of the structure above that point. In the event that terrain problems prevent an accurate determination of height, the Zoning Administrator shall rule as to height and appeal from that decision shall be to the Board of Adjustment. L The following is the preceding definition of"Building,Height of"written without the striirce-eut,double- underline format for clarity purposes: Building, Height Of: The vertical distance measured at any point from the natural, pre-existing grade level or proposed grade, whichever is lower, to the highest point of the structure. If the structure is located in a platted subdivision where grading was done as a part of the subdivision's improvements, the building height shall be the vertical distance measured at any point from the finished grade as shown on the subdivision grading plans or the natural, pre-subdivision grade, whichever is lower, to the highest point of the structure. If the structure has a basement, where the basement floor pad grade is lower than the preexisting grade and where all exterior walls to the basement are completely back-filled to the pre-existing grade and no ingress or egress is proposed directly from the basement to the exterior of the building, building height shall be measured at any point along the pre-existing grade to the highest point of the structure above that point. If the structure is proposed as a walk-out, where the all of the walk-out or lower floor pad grade is lower than the preexisting grade and where ingress and egress is proposed on only one side of the walk-out floor and the where the other non-walk-out sides of the walk-out floor are completely back-filled to the pre-existing grade and no ingress or egress is proposed directly from the non-walk-out sides of the walk-out floor to the exterior of the building, building height above the walk-out level shall be measured at any point along the pre-existing grade to the highest point of the structure above that point. In the event that terrain problems prevent an accurate determination of height, the Zoning Administrator shall rule as to height and appeal from that decision shall be to the Board of Adjustment. Staff recommends that Town Council approval of Ordinance 01-06. TOWN OF FOUNTAIN HILLS ORDINANCE#01-06 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING CHAPTER 1, SECTION 1.12 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 AMEND THE DEFINITION OF "BUILDING, HEIGHT OF' SO THAT BUILDINGS WITH BASEMENTS OR WITH ONE-SIDED WALK-OUTS ARE MEASURED FROM PRE-EXISTING GRADE AND NOT FROM THE BASEMENT OR WALK-OUT FLOOR PAD GRADE. 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 definition of"Building,Height Of'so that buildings with basements or one-sided walk-outs are measured from pre-existing (har grade and not from the basement or walk-out floor pad grade, 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 1, Section 1.12 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 December 27,2000,and on January 3, 10,and 17,2001 and; WHEREAS, Public hearings were advertised in the, and in the December 27, 2000 and in the January 3, 10 and 17, 2001 editions of The Times of Fountain Hills and Rio Verde, pursuant to Arizona Revised Statutes §9-462.04,and; WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission on January 11,2001 and by the Fountain Hills Town Council on January 18,2001. NOW THEREFORE,BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA AS FOLLOWS: ORDINANCE 01-06 PAGE 1 OF 3 PASS/FAIL MOTION - SECOND COUNT Section 1. Pursuant to Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills, Chapter 1, Section 1.12 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 cro ced out: CHAPTER 1 INTRODUCTION 1.12 Definitions. For the purpose of this ordinance, certain words and terms used herein are defined as follows: All words used in the present tense include the future tense; all words in the plural number include the singular number, all words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise. Gender shall be universal,any reference to one gender shall also implicitly refer to the other gender. The word "shall" is mandatory and not discretionary. Other words and phrases used in the ordinance shall have the following meanings: Building, Height Of: The vertical distance measured at any point from the natural, pre-existing grade level or proposed grade, whichever is lower, to the highest point of the structure directly . If the structure is located in a platted subdivision where grading was done as a part of the subdivision's improvements, the building height shall be the vertical distance measured at any point from the finished grade as shown on the subdivision grading plans or the natural. pre-subdivision grade, fioished-g -as-shewn-enrthe—indiviaual lot's grading plans, 'whichever is lower3, to the highest point of the structure . If the structure has a basement. where the (kw basement floor pad grade is lower than the preexisting grade and where all exterior wall to the asement are comuletely back-filled to the re-existine grade and no ingress ore ess is pro osed irectly from the basement to the exterior of the building building height shall be measured at any point along the pre-existing grade to the highest point of the structure above that point. If the ructure is nronosed as a walk-out. where the all of the walk-out or lower floor Dad grade is lower than the preexisting grad- and where ingress and egress is proposed on on one side of the walk- out floor and the where the other non-walk-out sides of the walk-out floor are completely back- filled to the pre-existing grade and no ingress or egress is proposed directly from the non-walk-out sides of the walk-out floor to the exterior of the building, building height above the walk-out level shall be measured at any point along the preexisting grade to the highest point of the structure above that point. In the event that terrain problems prevent an accurate determination of height,the Zoning Administrator shall rule as to height and appeal from that decision shall be to the Board of Adjustment. ORDINANCE 01-06 PAGE 2 OF 3 Section 1. Pursuant to Chapter 2,Section 20.1 of The Zoning Ordinance for the Town of Fountain Hills,Chapter 1,Section 1.12 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 tressed-gut. CHAPTER 1 INTRODUCTION 1.12 Definitions. For the purpose of this ordinance, certain words and terms used herein are defined as follows: All words used in the present tense include the future tense; all words in the plural number include the singular number, all words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise. Gender shall be universal, any reference to one gender shall also implicitly refer to the other gender. The word "shall" is mandatory and not discretionary. Other words and phrases used in the ordinance shall have the following meanings: Building,Height Of: The vertical distance measured at any point from the natural,pre-existing grade level or proposed grade.whichever is lower,to the highest point of the structure diree-fly-above thV 11KLKl Kl 1K�iV b located in" plat+ a bd . If the structure is located in a platted subdivision where •ding was done as a part of the subdivision's improvements, the building height shall be the vertical distance measured at any point from the finished grade as shown on the subdivision grading plans or the natural.pre-subdivision grade,finished-grade-as ' , whichever is lower),to the highest point of the structure . If the structure has a basement.where the basement floor pad grade is lower than the preexisting grade and where all exterior walls to the basement are completely back-filled to the ere-existing grade and no ingress or egress is proposed direc 1 from the basement to the exterior of the building.building height shall be measured at any point along the pre-existing grade to the highest point of the structure above that point. If the structure is proposed as a walk-out, where the walk-out or lower floor pad grade is lower than the preexisting grade and where ingress and egress is proposed on only one side of the walk-out floor and the where the other non-walk-out sides of the walk-out floor are tom letely back-filled to the pre-existing grade and no ingress or egress is proposed directly from the non-walk-out sides of the walk-out floor to the exterior of the building,building height above the walk-out level shall be measured at any i al ng the pre_ existing grade to the highest point of the structure above that point. In the event that terrain problems prevent an accurate determination of height,the Zoning Administrator shall rule as to height and appeal from that decision shall be to the Board of Adjustment. lbw ORDINANCE 01-06 PAGE 2 of 3 fklier PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona,this 18th day of January,2001. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: ilx o3k/La.LL6 )*i-ivt/j. Sharon Morgan,Mayor Cassie B.Hansen,Town Clerk REV D BY: APPROVED AS TO FORM: ////: d 1( din rci -1, Paul L.Nordin,Town Manager William E.Farrell,Town Attorney L ''fir, ORDINANCE 01-06 PAGE 3 OF 3 (hw Town of Fountain Hills Memorandum DATE: January 12, 2001 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder,Director of Community Development THROUGH: Paul L. Nordin,Town Manager SUBJECT: Town Council Consideration of Ordinances 01-02, 01-03,01-04 and 01-05 that, when taken together, would adopt a set of non-residential Development Fees for the Town of Fountain Hills. On Monday,October 30, 2000 and on Thursday January 4, 2001 the Town Council held public hearings at which the Council received public testimony on the new development fees that are being considered by the Town. Those public hearings were required,pursuant to Arizona Revised Statutes § 9-463.05, after individual 30-day public notice periods had been completed. The latest 30-day public notice, which began on November 29, 2000, notified the public of the Town's intention to assess new development fees. That same public hearing, which occurred on January 4, 2001,had to have been held at least 14 days before the Town Council could adopt the ordinances that assess the development fees. Due to the fact that the public hearing was held on January 4, 2001,the Council may, at the Town Council's January 18, 2001 meeting,consider and adopt Ordinances 01-02,01-03,01-04 and 01- 05 that would assess new non-residential development fees for the Town. Ordinances 01-02,01- 03,01-04 and 01-05 are modified versions of Ordinances 00-22,00-23,00-26 and 00-27 that adopted residential development fees for Town Marshal, Streets,General Government and an associated permit issuance ordinance,respectively,that the Council adopted on November 16, 2000. At the Council's public hearing on January 4, 2001 it seemed as if the Council was fairly satisfied with the non-residential development fees for the Town Marshall and General Government. However,it also seemed as if the Council desired to review some options for assessing the non- residential development fee for Streets. Of particular interest seemed to be the fee components for the ultimate development of Shea Boulevard and Fountain Hills Boulevard. To provide some of those options the following is a breakdown of the seven components of the street fee for new commercial/industrial development: L L, COMMERCIAL FEES Type of Capital Allocated % Allocated Per Square Infrastructure Replacement to Commercial Foot Fee Value Development (@1,114,000 sf) Shea Blvd. Widening $1,392,000 49.61% $0.6199 Ftn. Hills Blvd. Widening $1,120,000 49.61% $0.4988 New Maintenance Bldg. $ 185,652 49.61% $0.0827 Street Sweeper $ 200,000 49.61% $0.0905 Striper $ 225,000 49.61% $0.1002 Traffic Signals $1,200,000 49.61% $0.5344 Dev. Fee Study $ 12,747 50.00% $0.0057 Totals $4,335,399 $1.9322 INDUSTRIAL FEES Type of Capital Allocated % Allocated Per Square Infrastructure Replacement to Industrial Foot Fee Value Development ($126,000 sf) Shea Blvd. Widening $1,392,000 0161% $0.1779 Ftn. Hills Blvd. Widening $1,120,000 0161% $0.1533 New Maintenance Bldg. $ 185,652 0161% $0.0237 Street Sweeper $ 200,000 0161% $0.0256 Striper $ 225,000 0161% $0.0288 Traffic Signals $1,200,000 0161% $0.1534 Dev.Fee Study $ 12,747 50% $0.0016 Totals $4,335,399 $0.5643 Ordinances 01-02,00-03 and 00-04 were prepared using the maximum fee that the Council will be able to assess. The two tables, above, are provided to facilitate the Council's discussion regarding the street fees. It is important to note that there is no schedule or prioritization to the capital infrastructure improvements listed for each development fee. This or a future Council will be free to utilize funds generated by any of the development fees to fund any of the capital infrastructure projects that are eligible for funding by the respective fee. Although discussion of a lowered fee may occur, and a lowered fee may be agreed upon based on the Council's review of the individual capital infrastructure improvements, any motion to approve such a fee should not be based on the elimination of that improvement. Please note that the residential development fees already adopted were approved based on the funding of all of the improvements listed in the development Fee Study Final Report. If new non-residential development fees are adopted on January 18, 2001,these development fees will become effective on April 19,2001. Staff recommends Town Council approval of Ordinances 01-02,01-03,01-04 and 01-05. (iitor TOWN OF FOUNTAIN HILLS ORDINANCE 01-02 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AMENDING THE TOWN CODE, CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS BY AMENDING SECTION 7-10-8, TO PROVIDE FOR THE IMPOSITION OF A TOWN MARSHAL DEVELOPMENT FEE ON ALL NEW NON- RESIDENTIAL DEVELOPMENT PAYABLE AT THE TIME OF BUILDING PERMIT ISSUANCE TO PROVIDE FOR NECESSARY COMMUNICATIONS SYSTEMS AND PATROL AND OTHER VEHICLES TO SERVE PROJECTED DEMAND RESULTING FROM NEW NON-RESIDENTIAL DEVELOPMENT OVER THE PERIOD 2000 TO 2020 AT THE LEVEL OF SERVICE (LOS) STANDARD CURRENTLY BEING PROVIDED IN THE TOWN; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Fountain Hills retained Rick Giardina & Associates and, by association, BBC Research & Consulting (hereinafter the "Consultants") to analyze and assess growth and development projections for the period 2000 to 2020 to determine the additional demand for Town Marshal facilities, equipment and vehicles anticipated to be placed on the Town; and WHEREAS, the Consultants additionally reviewed the existing demand for Town Marshal facilities, (1110 the existing public safety facilities available to meet that demand and the method of financing the existing Town Marshal facilities,equipment and vehicles; and WHEREAS, the Consultants have reviewed and relied upon the existing levels of service (LOS) but different demand generators for Town Marshal facilities and vehicles to derive appropriate proportionate share factors for residential (per capita) and non-residential development; and WHEREAS, the development projections for the Town indicate: (1) that population will increase from approximately 20,500 persons in 2000 to more than 28,000 persons in the year 2020; (2) that housing units will increase from approximately 10,098 in 2000 to approximately 14,182 in the year 2020; (3) and that non-residential floor area will increase from approximately 1.17 million square feet in 2000 to more than 2.4 million square feet in the year 2020; and WHEREAS, the types of public facilities that are included in this development fee cover Town Marshal communications systems and vehicles and; WHEREAS, the Town Marshal Development Fee calculation methodology is an "incremental expansion" of cost method based on the public facilities and services needed to maintain the existing level of Town Marshal services to existing Town residents; and Ordinance 01-02 Page 1 of 4 WHEREAS, the proportionate share level of service (LOS) standards used to maintain the ratio of Town Marshal facilities and services to residents and to non-residential development used the Town Marshal Development Fee calculation methodology is 93% residential demand and 7% non-residential demand; and WHEREAS, the resultant cost per residential dwelling unit is $32.00 and $0.02 per square foot for Commercial/Industrial (non-residential development); and WHEREAS, the projected revenue from the Town Marshal Development Fee is anticipated to be supplemented by non-development funding by the Town; and WHEREAS, the Consultants have prepared a Development Fee Study (September 26, 2000) including the Town Marshal Development Fee assumptions, residential and non-residential development projections, capital improvements and development fee calculations, which Study has been submitted to and reviewed by Town staff and officials; and WHEREAS, the Development Fee Study has been presented to, and reviewed by, the Mayor and Common Council of the Town, which has determined: (1) that the Town Marshal Development Fee is necessary to offset the costs associated with meeting future Town Marshal facilities and service demand pursuant to the development projections; (2) that the Town Marshal Development Fee bears a reasonable relationship to the burden imposed upon the Town to provide new Town Marshal facilities and services to new residents, employees and businesses and provides a benefit to such new residents, employees and businesses reasonably related to the Town Marshal Development Fee,per (kw capita and per vehicle trip; (3)that an "essential nexus" exists between the projected new residential and non-residential development and the need for additional Town Marshal facilities to be funded via the Town Marshal Development Fee; and (4) that the amount of the Town Marshal Development Fee is "roughly proportional" to the pro rata share of the additional Town Marshal facilities needed to provide adequate Town Marshal services to new residential and non-residential development, while maintaining the existing level of service (LOS) standard currently provided to Town residents, employees and businesses; and WHEREAS, the Town currently does not have a Town Marshal Development Fee for non-residential development in place; and WHEREAS, the Town has prepared and released to the public with at least thirty (30) days advance notice, a written report including all documentation that support the imposition of the Town Marshal Development Fee; and WHEREAS, the Town has conducted a public hearing on the proposed Town Marshal development fee at least thirty (30) days after the expiration of the notice of intention to impose new or increased development fee and at least fourteen (14) days prior to the scheduled date of adoption of the new development fee by the Mayor and Common Council; and Ordinance 01-02 Page 2 of 4 (11., WHEREAS, the Town Marshal Development Fee adopted pursuant to this Ordinance shall not be effective until at least ninety (90) days after its formal adoption by the Mayor and Common Council of the Town. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,AS FOLLOWS: SECTION 1. That Section 7-10-8 of the Town Code is hereby amended to impose a Town Marshal - Development Fee on all new non-residential development in the Town. SECTION 2. That as of the effective date of this Ordinance, Section 7-10-8 of Chapter 7 of the Town Code of the Town of Fountain Hills shall read as follows (Language to be added is shown as double-underlined and any language to be deleted is shown as state1F-eut): Section 7-10-8. TOWN MARSHAL DEVELOPMENT FEE. A. All new residential and non-residential development in the Town of Fountain Hills shall be subject to the payment of a Town Marshal Development Fee payable at the time of building permit issuance by the Town, pursuant to this Ordinance and the Development Fee Procedural Ordinance(Ordinance 00-21)as follows: Residential Development Per Dwelling Unit fkimor Per single-family dwelling unit $32.00 Per multi-family dwelling unit $32.00 Non-Residential Development Per Sq. Ft. Commercial $0.00$0.02 Industrial $0, 0$0.02 SECTION 3. SEVERABILITY. If any section, subsection, sentence,clause,phrase or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 4. EFFECTVE DATE. This Ordinance shall be effective at 12:01 a.m. on April 19, 2001 (the ninety-first (91S`) day) following its adoption by the governing body of the Town of Fountain Hills. LOrdinance 01-02 Page 3 of 4 PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,Arizona, L this 18`h day of January, 2001. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: LL„,_ Sharon Morgan,Mayor Cassie B. Hansen,Town Clerk REVIEW BY: APPROVED AS TO FORM: * / f aul Nor in,Town Manager William E.Farrell,Town Attorney L LOrdinance 01-02 Page 4 of 4 (kw TOWN OF FOUNTAIN HILLS ORDINANCE 01-03 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AMENDING THE TOWN CODE, CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS BY AMENDING SECTION 7-10-12,TO PROVIDE FOR THE IMPOSITION OF A GENERAL GOVERNMENT DEVELOPMENT FEE ON ALL NEW NON- RESIDENTIAL DEVELOPMENT PAYABLE AT THE TIME OF BUILDING PERMIT ISSUANCE TO PROVIDE FOR NECESSARY LAND PURCHASES, BUILDINGS AND IMPROVEMENTS TO EXISTING TOWN-OWNED BUILDINGS TO SERVE PROJECTED DEMAND RESULTING FROM NEW NON-RESIDENTIAL DEVELOPMENT OVER THE PERIOD 2000 TO 2020 AT THE LEVEL OF SERVICE (LOS) STANDARD CURRENTLY BEING PROVIDED IN THE TOWN; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Fountain Hills retained Rick Giardina & Associates and, by association, BBC Research & Consulting (hereinafter the "Consultants") to analyze and assess growth and development projections for the period 2000 to 2020 to determine the additional demand for general government facilities anticipated to be placed on the Town; and (iimpe WHEREAS, the Consultants additionally reviewed the existing demand for general government facilities, the existing general government facilities available to meet that demand and the method of financing the existing general government facilities; and WHEREAS, the Consultants have reviewed and relied upon the existing levels of service (LOS) but different demand generators for general government facilities to derive appropriate proportionate share factors for residential (per capita) and non-residential development; and WHEREAS, the development projections for the Town indicate: (1) that population will increase from approximately 20,500 persons in 2000 to more than 28,000 persons in the year 2020; (2) that housing units will increase from approximately 10,098 in 2000 to approximately 14,182 in the year 2020; (3) and that non-residential floor area will increase from approximately 1.17 million square feet in 2000 to more than 2.4 million square feet in the year 2020; and WHEREAS, the types of public facilities that are included in this development fee cover necessary land purchases,buildings and improvements to existing Town-owned buildings and; WHEREAS, the General Government Development Fee calculation methodology is an "incremental expansion" of cost method based on the public facilities and services needed to maintain the existing level of general government services to existing Town residents; and fklw Ordinance 01-03 Page 1 of 4 (kw WHEREAS, the proportionate share level of service (LOS) standards used to maintain the ratio of general government facilities and services to residents and to non-residential development used the General Government Development Fee calculation methodology is 93%residential demand and 7% non-residential demand; and WHEREAS, the resultant cost per residential dwelling unit is $466.00 and $0.30 per square foot for Commercial/Industrial (non-residential development); and WHEREAS, the projected revenue from the General Government Development Fee is anticipated to be supplemented by non-development funding by the Town; and WHEREAS, the Consultants have prepared a Development Fee Study (September 26, 2000) including the General Government Development Fee assumptions, residential and non-residential development projections, capital improvements and development fee calculations, which Study has been submitted to and reviewed by Town staff and officials; and WHEREAS, the Development Fee Study has been presented to, and reviewed by, the Mayor and Common Council of the Town, which has determined: (1) that the General Government Development Fee is necessary to offset the costs associated with meeting future general government facilities demand pursuant to the development projections; (2) that the General Government Development Fee bears a reasonable relationship to the burden imposed upon the Town to provide new general government facilities to new residents, employees and businesses and provides a benefit to such new residents, employees and businesses reasonably related to the General Government Development Fee, per capita and per vehicle trip; (3) that an "essential nexus" exists between the projected new residential and non-residential development and the need for additional general government facilities to be funded via the General Government Development Fee; and (4) that the amount of the General Government Development Fee is "roughly proportional" to the pro rata share of the additional general government facilities needed to provide adequate municipal services to new residential and non-residential development, while maintaining the existing level of service (LOS) standard currently provided to Town residents, employees and businesses; and WHEREAS, the Town currently does not have a General Government Development Fee for non- residential development in place; and WHEREAS, the Town has prepared and released to the public with at least thirty (30) days advance notice, a written report including all documentation that support the imposition of the General Government Development Fee; and WHEREAS, the Town has conducted a public hearing on the proposed General Government development fee at least thirty (30) days after the expiration of the notice of intention to impose new or increased development fee and at least fourteen (14) days prior to the scheduled date of adoption of the new development fee by the Mayor and Common Council; and Ordinance 01-03 Page 2 of 4 (how WHEREAS, the General Government Development Fee adopted pursuant to this Ordinance shall not be effective until at least ninety (90) days after its formal adoption by the Mayor and Common Council of the Town. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,AS FOLLOWS: SECTION 1. That Section 7-10-12 of the Town Code is hereby amended to impose a General Government Development Fee on all new non-residential development in the Town. SECTION 2. That as of the effective date of this Ordinance, Section 7-10-12 of Chapter 7 of the Town Code of the Town of Fountain Hills shall read as follows (Language to be added is shown as double-underlined and language to be deleted is shown as strut t.): Section 7-10-12. GENERAL GOVERNMENT DEVELOPMENT FEE. A. All new residential and non-residential development in the Town of Fountain Hills shall be subject to the payment of a General Government Development Fee payable at the time of building permit issuance by the Town, pursuant to this Ordinance and the Development Fee Procedural Ordinance(Ordinance 00-21)as follows: Residential Development Per Dwelling Unit Per single-family dwelling unit $466.00 Per multi-family dwelling unit $466.00 Non-Residential Development Per Sq. Ft. Commercial $0.00$0.30 Industrial $0.00$0.30 SECTION 3. SEVERABILTTY. If any section, subsection, sentence,clause, phrase or portion of this Ordinance is,for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 4. EFFECTIVE DATE. This Ordinance shall be effective at 12:01 a.m. on April 19, 2001 (the ninety-first (90) day) following its adoption by the governing body of the Town of Fountain Hills. ftliare Ordinance 01-03 Page 3 of 4 PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, (low this 18th day of January, 2001. FOR THE TOWN F FOUNTAIN HILLS: ATTESTED TO: CA/)0A-- -if )14^&4— Sharon Morgan,Mayor Cassie B. Hansen,Town Clerk REV WED BY: APPROVED AS TO FORM: r Nde..----------- 2,17...,Litipg j, Paul Nordin,Town Manager William E. Farrell,Town Attorney (Ow LOrdinance 01-03 Page 4 of 4 (1110, TOWN OF FOUNTAIN HILLS ORDINANCE 01-04 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AMENDING THE TOWN CODE, CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS BY AMENDING SECTION 7-10-9, TO PROVIDE FOR THE IMPOSITION OF A STREET DEVELOPMENT FEE ON ALL NEW NON-RESIDENTIAL DEVELOPMENT PAYABLE AT THE TIME OF BUILDING PERMIT ISSUANCE TO PROVIDE FOR NECESSARY ARTERIAL STREET WIDENING, STREET BUILDINGS, TRAFFIC SIGNALS AND STREET VEHICLES TO SERVE PROJECTED DEMAND RESULTING FROM NEW NON-RESIDENTIAL DEVELOPMENT OVER THE PERIOD 2000 TO 2020 AT THE LEVEL OF SERVICE (LOS) STANDARD CURRENTLY BEING PROVIDED IN THE TOWN; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Fountain Hills retained Rick Giardina & Associates and, by association, BBC Research & Consulting (hereinafter the "Consultants") to analyze and assess growth and development projections for the period 2000 to buildout to determine the additional demand for street widening, buildings, traffic signals and street vehicles anticipated to be placed on the Town; and (kw. WHEREAS, the Consultants additionally reviewed the existing demand for street facilities, the existing street facilities available to meet that demand and the method of financing the existing street facilities,buildings,traffic signals and vehicles; and WHEREAS, the Consultants have reviewed and relied upon the existing levels of service (LOS) but different demand generators for street facilities and vehicles to derive appropriate proportionate share factors for residential (per capita) and non-residential development; and WHEREAS, the development projections for the Town indicate: (1) that population will increase from approximately 20,500 persons in 2000 to nearly 29,000 at buildout; (2) that housing units will increase from approximately 10,098 in 2000 to approximately 14,182 at buildout; (3) and that non-residential floor area will increase from approximately 1.17 million square feet in 2000 to more than 2.4 million square feet at buildout; and WHEREAS, the types of public facilities that are included in this development fee cover street facilities,buildings,traffic signals and vehicles and; WHEREAS, the Street Development Fee calculation methodology is an "incremental expansion" of cost method based on the public facilities and services needed to maintain the existing level of street services to existing Town residents; and Li" Ordinance 01-04 Page 1 of 4 (11w WHEREAS, the proportionate share level of service (LOS) standards used to maintain the ratio of street facilities and services to residents and to non-residential development used the Street Development Fee calculation methodology is 49% residential demand and 51% non-residential demand; and WHEREAS, for residential and non-residential development, vehicle trips by type of development have been converted to an appropriate street development fee using standard trip generation rates (average weekday vehicle trip ends) and adjusted to avoid double- counting of trips; and WHEREAS, the resultant cost per single-family residential dwelling unit is $609.00, per multi-family residential dwelling unit is $326.00, $1.93 per square foot for Commercial (non- residential development) and $0.56 per square foot for Industrial; and WHEREAS, the projected revenue from the Street Development Fee is anticipated to be supplemented by non-development funding by the Town; and WHEREAS, the Consultants have prepared a Development Fee Study (September 26, 2000) including the Street Development Fee assumptions, residential and non-residential development projections, capital improvements and development fee calculations, which Study has been submitted to and reviewed by Town staff and officials; and WHEREAS, the Development Fee Study has been presented to, and reviewed by, the Mayor and Common Council of the Town, which has determined: (1) that the Street Development (lbw Fee is necessary to offset the costs associated with meeting future street facilities and service demand pursuant to the development projections; (2)that the Street Development Fee bears a reasonable relationship to the burden imposed upon the Town to provide new street facilities and services to new residents, employees and businesses and provides a benefit to such new residents, employees and businesses reasonably related to the Street Development Fee, per capita and per vehicle trip; (3) that an "essential nexus" exists between the projected new residential and non-residential development and the need for additional street facilities to be funded via the Street Development Fee; and (4) that the amount of the Street Development Fee is "roughly proportional" to the pro rata share of the additional street facilities needed to provide adequate street services to new residential and non-residential development, while maintaining the existing level of service (LOS) standard currently provided to Town residents, employees and businesses; and WHEREAS, the Town currently does not have a Street Development Fee for non-residential development in place; and WHEREAS, the Town has prepared and released to the public with at least thirty (30) days advance notice, a written report including all documentation that support the imposition of the Street Development Fee; and Ordinance 01-04 Page 2 of 4 WHEREAS, the Town has conducted a public hearing on the proposed Street Development Fee at L least thirty (30) days after the expiration of the notice of intention to impose new or increased development fee and at least fourteen (14) days prior to the scheduled date of adoption of the new development fee by the Mayor and Common Council; and WHEREAS, the Street Development Fee adopted pursuant to this Ordinance shall not be effective until at least ninety (90) days after its formal adoption by the Mayor and Common Council of the Town. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,AS FOLLOWS: SECTION 1. That Section 7-10-9 of the Town Code is hereby amended to impose a Street Development Fee on all new non-residential development in the Town. SECTION 2. That as of the effective date of this Ordinance, Section 7-10-9 of Chapter 7 of the Town Code of the Town of Fountain Hills shall read as follows: Section 7-10-9. STREET DEVELOPMENT FEE. A. All new residential and non-residential development in the Town of Fountain Hills shall be subject to the payment of a Street Development Fee payable at the time of building permit (tar issuance by the Town, pursuant to this Ordinance and the Development Fee Procedural Ordinance (Ordinance 00-21) as follows (Language to be added is shown as double-underlined and language to be deleted is shown as struck out.): Residential Development Per Dwelling Unit Per single-family dwelling unit $609.00 Per multi-family dwelling unit $326.00 Non-Residential Development Per Sq. Ft. Commercial W88 $0.19 Industrial $0.00 $0.19 SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. Climv Ordinance 01-04 Page 3 of 4 SECTION 4. EFFECTIVE DATE. (Iv This Ordinance shall be effective at 12:01 a.m. on April 19, 2001 (the ninety-first (915`) day) following its adoption by the governing body of the Town of Fountain Hills. PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 18th day of January, 2001. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: eft/Y1L /3 iLyvl„ haron Morgan,Mayor Cassie B. Hansen,Town Clerk REVIE ED BY: APPROVED AS TO FORM: 7 iefIati;• L.„1 (kW /PaulNord' ,Town Manager William E. Farrell,Town Attorney ,ow Ordinance 01-04 Page 4 of 4 (11w. TOWN OF FOUNTAIN HILLS ORDINANCE 01-05 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AMENDING THE TOWN CODE, CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS BY AMENDING SECTION 7-10-13, ENTITLED PERMIT ISSUANCE. WHEREAS, the Town has adopted Ordinances 00-21, 00-22, 00-23, 00-24, 00-25 and 00-26, to be effective February 15, 2001 at 12:01 A.M.; and WHEREAS, the Town has adopted Ordinances 001-02, 01-03 and 01-04, to be effective April 19, 2001 at 12:01 A.M.; and WHEREAS, the fees called for thereunder are payable for all development for which no permit has been issued; and WHEREAS, the Town adopted the 1994 Uniform Building Code which includes Section 106, Permits; and WHEREAS, it is important to have in place a procedure to insure the issuance of residential permits up to and including those issued by the close of business on February 14, 2001 and non- residential permits up to and including those issued by the close of business on April 19, 2001. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,AS FOLLOWS: SECTION 1. That the Town Code is amended by adding a new section 7-10-13 shall read as follows (Language to be added is shown as double-underlined and language proposed to be deleted is shown as struck out.): Section 7-10-13. PERMITS ISSUANCE. A. All building permits shall be deemed issued when the applicant has submitted a full and complete set of building documents; paid fees in full; and has executed a Minimum Plan Submittal Requirements Sheet obtained from the Community Development Department. B. All subsequent plan review, modification of plans, or other interaction with the Department shall not be considered as new construction for the purposes of the fees adopted and in force in Sections 7-10-8, 7-10-9, 7-10-10, 7-10-11 and 7-10-12 of this Article, so long as construction has commenced within 180 days of the issuance of the building permit. Ordinance 01-05 Page 1 of 2 (liw C. Any single-family or multi-family residential building permit issued prior to 12:01 A.M. on February 15, 2001 for which there has been no construction activity for 180 days may apply for an extension of additional time as provided for by the Uniform Building Code. Any non-residential building permit issued prior to 12:01 A.M. on April 19. 2001 for which there has been no construction activity for 180 days may apply for an extension of additional time as provided for by the Uniform Building Code. Such extension, however, shall require the applicant to pay the then current development fees, unless a waiver is applied for within 180 days after the building permit was issued and such waiver is granted by the Town Council. If a fee waiver request is denied by the Council, all due development fees shall be paid to the Town within 30 days of Council denial or the building permit(s) for which the development fee waiver was requested will be revoked. I), , D. Subsequent to the close of business on February 14, 2001, all single-family and multi- family building permits will be subject to all provisions of Article 7 — regarding development fees. 4lior E. Subsequent to the close of business on April 19. 2001 all non-residential building permits will be subject to all provisions of Article 7—regarding development fees. PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,Arizona, this 18th day of January, 2001. FOR THE TOWN F FOUNTAIN HILLS: ATTESTED TO: K _ e ,diA, Sharon Morgan,Mayo Cassie B. Hansen,Town Clerk REVI ED BY: APPROVED AS TO FORM: 7 s ,...,-,s.4, Paul rdin,Town Manager illiam E. Farrell,Town Attorney Iliso Ordinance 01-05 Page 2 of 2 January 18, 2001 The Capital Improvement Plan is estimated to cost $4,335,399.00 over the next 20 years, or approximatly $216,770.00 per year. Last year sales receipts totaled approximatly $340,000,000,.00 and yielded $4,087,514 in sales tax at the 1.2% rate. This year the same $340,000,000.00 in receipts will generate $5,440,000 in Sales tax revenue at the new 1.6% rate of which 1/10`h of 1% is dedicated to downtown development, approximatly $340,000.00 and will continue into the future. With an increase in commercial/industrial development our total town receipts and sales tax will increase over time. The projections below are both current levels and anticipated revenue stream over time. Current revenue : $340,000,000.00 Target Center(10yr. projection): $411w Additional commercial/industrial: $124,000,000.00 Projected total revenue: $514,000,000.00 Yrly. Sales tax collections (1.6%): $ 8,224,000.00 Dedicated for Down Town: $ 514,000.00 (yearly) Fully implemented impact fee: $ 34,720.00 (yearly) 1,240MM sq. ft. x .56cts. /20 yrs. Total downtown receipts: $ 546,720.00 (yearly) Total Yearly CIP requirement: $ 216,770.00 Balance available for downtown: $ 329,950.00 (yearly) (with impact fee) Balance available for downtown $ 297,000.00 (yearly) (without impact fee) L FHB Speed Reduction.doc Page 1 of 2 Chron (kW 41° ".(P a Town of FOUNTAIN HILLS Engineering Department III that is Ait'P MEMORANDUM TO: Honorable Mayor and Council FROM: Tom , ard, nteri Town Eng' r C Letic'a C. ► llo, r ffic Eng Y ineerin nal st ° THROUGH: Paul o 1. Manager DATE: Janu 111, 001 RE: Speed Limit Redu tion on Fountain Hills Boulevard At the request of the Traffic Standards Committee and under the direction of Chairman (11w. (Councilman) John Wyman, the Engineering Department has performed a traffic study of Fountain Hills Boulevard (Ironwood Drive to Palisades Boulevard). The major concern is the speed limit on Fountain Hills Boulevard north of Ironwood Drive to Palisades Boulevard. The speed limit should be reduced from 45 mph to 35 mph at Ironwood Drive northward to Palisades Boulevard. The following considerations were studied by the Engineering Department: • Inadequate sight distance on the horizontal curve south of El Lago Boulevard. • Increased development (i.e. senior care facility, multi-family development and the new community center). • Proposed downtown commercial projects (Town Center III). • Consistency with the existing leg approaches on Fountain Hills Boulevard and Palisades Boulevard(see attached area map). Fountain Hills Boulevard carries approximately 11,000 vpd between Shea Boulevard and Palisades Boulevard. The existing posted speed limit on Fountain Hills Boulevard is 35 mph from Shea Boulevard to Kingstree, 45 mph from Kingstree to Palisades and 35 mph north of Palisades. There is a 40-mph advisory warning sign on the horizontal curve south of El Lago Boulevard. A detailed description of the engineering and traffic methodology used to determine our recommendation follows. L FHB Speed Reduction.doc Page 2 of 2 Citron (kw Speed Limit Evaluation Study Fountain Hills Boulevard—Ironwood Drive to Palisades Boulevard The Manual on Uniform Traffic Control Devices states: 2B-10 Speed Limit Sign(R2-1 The speed limit sign shall display the limit established by law, or by regulation, after an engineering and traffic investigation has been made in accordance with established traffic-engineering practices. The speed limits shown shall be in multiples of 5 miles per hour. In order to determine the proper numerical value for a speed zone on the basis of an engineering and traffic investigation the following factors should be considered: 1. Road surface characteristics, shoulder condition, grade alignment and sight distance. 2. The 85th percentiles speed and pace speed. 3. Roadside development, culture, and roadside friction. 4. Safe speed for curves or hazard locations within the zone. 5. Parking practices and pedestrian activity. 6. Reported accident experience for a recent 12-month period. Support data for the speed limit evaluation study is available in the project file. kto Speed Limit Summary After review of all the traffic data, the Engineering Department is recommending a speed reduction to 35 mph on Fountain Hills Boulevard at Ironwood Drive northward to Palisades Boulevard. Staff believes that there are adequate safety and engineering reasons to support this recommendation. It should be noted that at the Traffic Standards Committee meeting, the Marshals Department and Sheriff's Office voted for the speed reduction. Their only request was the reduction be posted at Ironwood Drive, a 3-way stop intersection. This creates less confusion from an enforcement standpoint. Staff recommends the reduction from 45 mph to 35 mph on Fountain Hills Boulevard at Ironwood Drive northward to Palisades Boulevard. bb att. L TOWN OF FOUNTAIN HILLS Li" MEMORANDUM TO: The Honorable Mayor and Town Council THROUGH: Paul L. Nordin, Town Manager FROM: Jesse Drake, Senior PlannerJ�j DATE: January 12, 2001 SUBJECT: TU2000-16 Emerald Mesa Villas Continued from the January 4, 2001 Town Council meeting to allow the applicant to appear and respond to the protest received during the required posting period: Emerald Mesa Villas has requested a Temporary Use Permit for a Sales Model located at 16107 East Emerald Drive to allow one of the existing units to be used as a sales model for the remaining units. Please see the attached staff report for details. L L TOWN OF FOUNTAIN HILLS STAFF REPORT January 18, 2001 CASE NO: TU2000-16 PROJECT MANAGER: Jesse Drake, Senior Planner LOCATION: 16107 East Emerald Drive, aka Lot 1, Block 2, final Plat 422. REQUEST: Request to operate a sales model beginning January 1, 2001 to December 30, 2001. DESCRIPTION: OWNER: Hillcrest Investment APPLICANT: Emerald Mesa Villas EXISTING ZONING: R-3 EXISTING USE: Multi-family, twenty-three (23) unit condominium LOT SIZE: 1.64 acres SURROUNDING LAND USES AND ZONING: NORTH: Vacant land, zoned R1-35 SOUTH: Existing multi-family, zoned R-3 PUD EAST: Vacant land, zoned R1-18 WEST: Vacant land, zoned R1-35 SUMMARY: This request is for a Temporary Use Permit to allow one the existing units of the Emerald Mesa Villas to be used as a sales model for the remaining units beginning January 1, 2001 and ending December 30, 2001. The sales model will be open between the hours of 10 AM and 4 PM. Under normal circumstances Temporary Use Permits are issued by staff after the required ten (10) day advertising period. In circumstances where a written protest is received within the posting period, the request must go before the Town Council for action. The Fountain Hills zoning Ordinance requires that under Chapter 2, Section 2.03.D.4"If there is a written objection received by the closing date of the advertising period, the Council shall consider the application at the first regular meeting held not less than fifteen (15) days after the receipt of said protest". As this permit was opposed during the posting period, it is no longer a staff function and it must now be approved by the Town Council. CODE REQUIREMENTS: SECTION 10.03 Uses Subiect to Temporary Use Permit: C. Model Homes. Model Homes may be permitted in a residential area by Temporary Use Permit only. In the review for a model home, the staff, and if necessary, the Town Council, may consider lighting, landscaping, hours of operation, signage, parking, duration, and neighborhood impact. As a minimum, the following standards shall apply: 1. On-site sales personnel must be present at least five (5) days a week during normal business hours. In no case shall a model home be open before 7:00 A.M. or after 9:00 P.M. 2. The model home shall be for the purpose of marketing the construction of custom homes or a tract subdivision with a given product line in Fountain Hills. A model home may not be used as an office for the marketing of developed property, or the marketing of property outside of Fountain Hills. 3. An off-street parking stall for each person stationed on site, plus two spaces. Parking lots for model homes may be located on an adjacent lot owned by the owner of the model home. FINDINGS OF FACT: 1. The Emerald Mesa Villas was first approved for construction of twenty-three (23) units, BP1997-1251 on February 5, 1998. Nine were completed. A building permit for the remaining fourteen units, BP 1999-134, was applied for on February 8, 1999 and pulled on May 7, 1999. Of the twenty-three residential units, eight are currently occupied. The sales model will be used to market the remaining fifteen units. (kw 2. The use of one unit as a sales model is permitted by Section 10.03.0 of the Town of Fountain Hills Zoning Ordinance with a Temporary Use Permit. 3. One written protest was received during the required posting period. RECOMMENDATION: Based on Town of Fountain Hills Zoning Ordinance Section 10.03, Uses Subject to Temporary Use Permit, staff finds that this request is consistent with the intent of this section of the ordinance and therefore recommends approval of this Temporary Use Permit, for the period of January 4, 2001 to December 30, 2001. ATTACHED: Application Site plan Letter of objection Applicant's rebuttal letter L 12/01/00 1:43 /AA 4808371404 FOUNTAIN HILLS iij0i ottAlm TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT (1110' QRAllt;USE P_ERMIT.APJP. ICATION 4s>; - Date Filed Fee Paid Acceptedq55 -ey cj Type of Temporary U R quested S,o.t e \O t-L Dates)Temporary Use Will Occur ---, From: l O l 0w �� m 4' , er' — To: ` �-"�'O - O' Address of Subject Property --�� �,O L= �M�(2 P.( j� Zoning Legal Description: Plat Block Lots) Applicant Day Phone (r\r A \( \'.s - RLt Address _ I 1 d 1 c c-/r•€n. (1D ('' 1 City 1"=t1v j~l Vl S�� Zip T6 v Owner Day Phone \A) Address —�' 11 I OD G DNE Pk Su t k !2-0 C'h' ells STAZ Z'r Sz 4;a Si na re of Ownr-,, I HERBY AUTHORIZE(Please Print) L �t 61\v Date TO FILE THIS APPLICATION. Subscri d ands m re me this day of_bE C F in&r My Commissio$' , OFFICIAL SEAL % otary Public � TER SA J. BAR (. ')= Notary Public•State of Arizona +.�►�: NV RICOPA COUNTY My comm.expires Nov 30,2003‘, �.... Please Provide the Following(attach additional sheets): 1. Site Plan showing location of the temporary use and the orientation of surrounding properties. 2. Mailing labels with names and addresses of property owners within 300 feet of the proposed temporary use boundaries. 3. Description of the proposed use,the operations of the use, and the facilities proposed for the land use. 4. Describe any adverse impact which the proposed land use may have on the surrounding properties, and on the neighborhood. 5. Describe the steps that will be taken to avoid or lessen these adverse impacts. TFH Case Number Fee Schedule Attached .( tace_) - / L :ft W2i:UViri 1 UP411.11ANIUI4J AtilflUt)./14U11 I t i.... .., a ,.. i•-I .,, .0,o, t, h -r-, i 1 1 - —• ', -i,, ---;:_ i-.).,3 5 3..i. E c 7 :. ., 5 ',I .ri• P . 1'. '., \ t?... -,),`eig.dt'• t ,,,e-r4. i'', u,1 i: !4 t i 'i, gi, !1 '., .,•'!' \.,_ v\ -''' pti :-- ,-- --iiti') 8 r'l i i 188881i :1J JO. ;, . - . •-•I,. Z..., ' . '':' " • T 'I'V 1.. . _ ;., .1 ,1..1. ,-; .., ,Y ,i .. .„• 1bIi!i...1If/geC1t 1I (AltAfg1kiIirg,13lii!1j niii r;,k1,, I1!ie„1I ___•'- i1I, "1i..I1(..,d.,,:k1';-:.4..":."-[.',,-;.-).),•.,1_Ii-.-''t1,.,.,,.i11-I1}1,,-'_'r,1,,X a A/,i._i/.i/)1,•;,.;/-i-.-/._ _,':..-..:--.(.:.:r.;1,T.:...:‘r.):•--i-.::.i_;n.i,1,,s.—,.,.q.):.-.,.1_..y!.,,_..L..,..:...gH.4...t,--.g,4.r41,•,--_.3 4,,b-,1-.1.-*.. - ,l1- t.,,..'t.H•.l_-t_:'.i,.':1i",r.IP-,...*_.-..-.:,,,7-a - 7 - , /1) . ; - 1 ,,, h_ II 2,-._._:...,.-_,..i,!'.,T_'ii:i_i'._.i"'„,,_,,,,•,- ,:,...,.;:'‘',,1'..':.y'::'::,v:,,•F.4.,-...:.,•-,..5_'•..:., 'kL.I-!;':.-e-.,,1,':%:,-11-..,1'-.•:.' ! .:",''it'....•,.:..,f i,.t9-,....,I.r..:,'_..-1{..''!6rr.'•::.‘,t.i-';iv:•,;-,:-';,.:',,:i':2.•'._k.P9 i9:.0:.:N'"`'.,.f-'.,,.'''e,.„'-.,'c,:t",,',,..',.',,;,.,..'f.•.,.-•'`..-!7..-,,.._,.!rIL.:i'c-6L5::,1•:'."a,''-:..,.1.-n•;',.-,::t-...'',_-.'_:,,,s:.'.._i:i,%1,r-,••C!:,"' ..; . ":'_.'•:(,''b:':_.. ".: 1tiikk,W . li'l WLI'M ,,,• •,•': :•', ,:•':::." .,„ :4,. , ''i ,0 **.,:',i,.:M§Fio ' a 1 •,•\ '\ L . '1,-- ": •`-,'...t•i,;:ii.....-I., >- ''. ki1 -'I"',',... . •' -=• 2 -•l'"i.'.•'-' , -7--. :. --.-• . 'II'.•':,,:$.:. 1, . , -,, , .„4. , -,•,,,,r.,,, ., . . :., ,„:„:,,,.,..,..-,..„; 1:•,..._____, •i-..;), i t...,,, , , .... i-..,;• ::*%, il \\,.\, .-,\'‘\.‘.k.\.,\.,:ii,,..F.; ..,-,..,:,;,, Q • :!ii;'„it' ''...1,-:-.':,,, ..? , 1.„,..„_:_:._ .;1','., , 4 % .:;:;:..i.F44.4•'*:: ' V,'\s, \\.‘', 2 '''.'C'..i ,';‘,-' ,- ,:,1 ' ,' ., i' ',:.; i, ...,' 1 •:.,..t.,,,jo:,,,,::•••.Vi.,1:. - '.- :\• \"\...'\'\'\ --..;,!-1 .-.-_, 1,,-, C.1. ,-..,,,-, ,,',,,-..,---i,t:.• ,••,, , I ,i, I ,::::,...4.:::-,!:::,... )..".•:!? „..,---h.' \\\ A.-, ,..\\,\,.. .'_',,-,,,,,-•6_,g z: _.,:,,:,,... \ . • ii 1 ' I 3. 4,,,,,•:"!•••,?••;::•:•..4*.if, , .-.L.i \.\\\'‘\....., \,'V:A ",•:i';,"'".,,, r--. '':''' ., ., I-''' • i i II, -;:ta?!.... •:"" 1.- .4 ‘„‘.,,,,,0.\;.. ...,.\\, ;:.,:._. , _ 7. ...: .., i \ ' ", • ; 1...,_, , 1 i ,i , • ,-7;:_,.,..... ' ( mmat il 7 ; ,,\......, \, .,,,,„\ .. 4 i . i . .,, , c• v, .. ‘•;\• ; \ • • ,-;., ... . , 1 .- --..,:•1;•:•......;..,,,,,:_ !,,,i... _ . . ;.‘....) L---' :,' --., .. „I. ;; ?t.......,...,..•;.,:,:‘..* h,, g .,.. ....,\,‘. ,\,,,A Li ..- L: .-. _, •.>„:„. ..,:-.„:,.. . i, nr.---.....1 • .1 1.1 "s,. t„. 7: f..?,?$.; - Ai -1,_,, ‘,. -.: , .,1 \ ,\f. . , -, . - :- ; ; ,.; i-: ..:::-...... ; ; , / ,', ;: ....--xr.- ' . .1 .. 'I., • '; •-• - •-•.:,,...;,, !:,/,4,-, i 1 • , ....:.-ts.: 1 , I ;,,A...:..1„ f....;?..'"4.-,4 ,t j r_____!," ; • I\\.: ',..,;,\;.;,v,1"‘ 7..- 1,-7----1 . :;,.......„ , .,.. - ' -, '•,_,-;- ' ,,' .,'; i 1-----1.,1 .--,' ell-:±J iiir, -I ;.!., ;, !•-(;),_i_: . : ; :.,— 1 ii .;c*--I— ''' t/ 117:1'1•-• ' -- --.7 _:•4-'2. L--- `-'''i'!,...',.1\',./ _.---, .. • ;, ; ,. ; I I i . , [- --(, :--. F; •= -1- . i--.--.......i. . .', _ \-.2 I i -. ;'-- i ;•_.•.7- 1,,i I . :-• -::' . ' — ' , 1. :,, 1 .;;:- i iyal : „ I , 1_ i• . 1 i , - ' '," i 1 l'4111 .•••- ,. '1 ' „-. ,- '.'.' X•r : (\, . ,. .r i -, ' 1 1 ' '. c.i, V.,:,,.,,,1,3.41.v.',:,•.....r.',..7,Y 1.1 i, , ', I \ iiikl!II,IL: "'''.-f ,_,• . . . ., • "--; .,.<•!..c".;"!'•:';'$';': :•$;:?.: . I I '1,-,',I i 43 ''.: . . . , ,_ 1 1 i ' iv ',".•:::... :c4.1 k'l,I . , 8 1, I fill 11- ------ ',"' :., ,. „ , ,_, , .,, • 1 ' •I 1 I,:-' _ (:•-::> 41 u i, IAI,- 1\ _ i'r I '`' (:•- ' - i c ‘ et, --ty!,./.4?&M,2 ril i '1 i" Iti;HI I "1 1 t?I') I)• (.1 N( t•: •:-:If., , !e--.--:1 k 1 ..-.._ 1 , . ,,i', ,,,,,:"5:,;:: ,`,.;4' ! 1!',id.I .,.., \ , I 114 1 ------hri 1' .--41 - i. "}:::..'•;.ii....,:,,ic:,::'?:e si 1 1'i A: 1 - k_ (:--j .•, i''<:-.. ..;)%`.'saVi:;•:":.<;% I_ 1, 1 ;p_ .--' -' ,• ;' I. ,,17.------41. . 1, (.. ti:;,:. 1- . ..,,,,, ,•.;;;;a737i--; a! NIr i•I I I I 'i i', I , i• L 1 I. i•I or, ! i' .• : :.P. . - Ic.-1_ i , -....-. ..45,,,,m•;,.:>.,. ;I; , ---, -• I i____,,;§,,,Xiii :,il,:tr';- ; , J s: •. I .•..,,,,,i 1 1,., ,........ . 'Y.,. 5,,,,N.., ,,,,..' ;•I- , ! . rn • I : I' i% 1 ' ' I ':,t, ' n 3 T. ....?:.3:Y 'III) .. ii ; ,,,, _, , ,_ ; 'Ij !:,4,i 1.,,• ..; . , , i,,,f l'; E _ . I • . i ' I, 0• ':A' ' '•' I Ji I i,, . •,1 i *(, ••:__:::"."-iz..---) •-• - , , 1, ''' ' -' 1 1 I .:11 f.'i;.it- '.1.' I 1 '.• I i. .,_ ___________-_-,,,.• 1 ; I ••.1 '' ',11 k! • .--...._ _...; .\';,i;---1,1 0.--------- .1------,,------- _ ....,,_,__1,;,:, t_ Li .; -; c.11....1.., . 'ir '..:c.:1 ),. r - - ,..:).,.,...:•.‘,_Li i t; 1 .1° "1 1 I •i• , _ I.,410: i _ \\s,.. ,,111:t: 7:•'., _ ._ -mil- ! ;•,I•: ; _ __ - ----,,,F,4-,7•,.C- - - - •1* II' I •I'• 11 I I ,,h1 I .• -.., met -, IN311aVd30 013Vd0131.30 M.INfINNOO 000Z 9 0 330 JO NA 01 °)/ -- (-7, _•.2-)7e) h /— ..._, L December 11, 2000 TO: PLANNING AND ZONING DEPARTMENT %Jesse Drake Via Fax 480-837-1404 Original sent via US mail FROM: Bill and Gail Pape 16128 East Emerald Fountain Hills, AZ 85268 480-836-8682 SUBJECT: EMERALD MESA VILLAS Corner of Emerald and Fountain Hills Blvd. Ref: THEIR REQUEST TO HAVE A SALES OFFICE ON PREMISES FOR ONE YEAR (Please distribute to all planning and zoning committee members) (kw We live just at a slight angle from the subject property on Emerald and Fountain Hills Blvd. I understand that the owners are requesting the ability to have a sales office located within the property for a period of one year. I wanted to let you know that WE ARE OPPOSED to this request unless the current owners address a couple of issues. First, that the period of one year be changed to allow for a period of one year or until the units at this location are sold, whichever comes first, so that no other units from other properties are sold from this location. Second,that the owners DO NOT use the same very bright turquoise awning, or anything similar to it,in front of the sales office,that was previously used during the sale of previous units at the same location. The awning previously used would never pass the "good taste test" and was/is used only as a"beacon"to advertise the units. A good old fashion rectangular sign of about 24 inches by 24 inches would be all that was really necessary to let the public know where the sales office was located. Thank you for your consideration in addressing these issues and our concerns related to this zoning request. Bill and Gail Pape (kw ,3,,62;g 4 caAg LOLD weu. 17100 E.SHEA BLVD.,SUITE 120 BANK�R Qt FOUNTAIN HILLS,AZ 85268 BUS.(602)837-7990 FAX(602)837-6445 DESERT SUNRISE TOLL FREE(888)839-7990 REALTY December 20, 2000 Re: Temporary Use Permit for: Emerald Mesa Villas 16107 Emerald Drive #206 Designated Model Area Attn: Jesse Drake Jesse, In response to the objection raised pertaining to Emerald Mesa Villas, more specifically, the awnings or awning color, this particular awning type and color is L a standard feature at this ro' p sect. The design & color had been approved in the beginning by the NPOA. It remains in full compliance. The intent of operating a model at this location is to provide on-site representation for the remaining 14 units which are now being completed. Hours and days of operation will be strictly adhered to, as so stated in the temporary use permit application. Thank you for your time and consideration. I remain, (ow ED OLIVA, Marketing Coldwell Banker Desert Sunrise Realty Each Office Is Independently Owned And Operated. 'r`- Planning&Zoning Commission and Staff Report Z00-16 January 18, 2001 Page 2 Conformance with General Plan: The adopted General Plan Land Use Map designates this site for General Commercial/Retail land use, which should be located in areas which offer good access via the arterial street system and near the focal areas for community recreation and events. The General Commercial/Retail category includes areas providing for the sale of convenience goods (food, drugs, and sundries) and personal services which meet the daily needs of a multi-neighborhood trade area. The General Plan Land Use Element presents Planning Recommendations for general areas, including: Land Use Principles, Land Use Definitions and Planning Recommendations. Staff has identified a few recommendations within these general areas which should be reviewed in order to determine the proposed rezone to the Official Zoning Map of the Town of Fountain Hills conformance with the General Plan. (kw Land Use Principles 4.4 Planning Recommendations (A)(4) Locate medium or high-density, multi-family residential land uses in infill areas that have existing or planned infrastructure; direct proximity to shopping facilities, recreation, and community services; and proximity to collector or arterial roadways.Encourage... (A)(7) Transition from the current pattern of linear commercial development along Saguaro Blvd. and encourage mixed use commercial nodes within existing commercially designated areas. Conformance with the Zoning Ordinance: In Maricopa County Zoning case number Z74-1, a "R-3 P.D." Planned Development was adopted to allow this property to be developed with four lit tennis courts, two multi-purpose courts, a clubhouse with informal kitchen, a pro shop, swimming pool, therapeutic pool and playground, all of which are enclosed by a fence as security for all facilities. Since the development of the original project, a previous property owner received special use approval by Maricopa County to allow restaurant and lounge facilities to be constructed. Currently, the lounge and dining areas have been modified to accommodate additional physical fitness equipment, rendering it useless for restaurant service. The kitchen still exists, but has remained inactive for the past several years. Staffs primary concern is to maintain adequate on-site (kw Planning&Zoning Commission and Staff Report Z00-16 January 18, 2001 Page 3 parking for this facility. Staff is aware of club members typically parking on Fountain Hills Blvd., and not in the designated on-site parking areas. The subject property currently provides 64 on-site parking spaces. Chapter 7, Section 7.04(G)(2)(t) requires that private swimming and tennis clubs provide a minimum of one(1) parking space per every five(5) member families or individuals. The Club currently has 714 households as registered members, per the owner, Shane Flemming. With those calculations, the owner/applicant must provide an additional seventy-nine(79) parking spaces on-site. On January 11, 2001, the Planning and Zoning Commission recommended approval of this rezone. The Planning and Zoning Commission shares staffs concerns that the Town does not want to aggravate the existing parking issues at this site. The property owner, Shane Flemming, explained that the existing parking ordinance requires an excessive number of on-site parking and that actual membership attendance is approximately 40% during peak season. The owner also discussed the possibility of providing additional parking to the east of the north parking lot, where an unused sport court exists, possibly providing approximately 20 more parking spaces. The Planning & L Zoning Commission explained that if the applicant stripe and label Fountain Hills Blvd. no parking, and provide all the additional parking possible, they would recommend approval to Town Council. Other than the legal non-conforming parking deficiency, staff and the Planning & Zoning Commission believe food service is an appropriate use for this area, and foresees no other potential impacts. Recommendation: Based on the review of the proposed amendment to the "R-3 P.D." Zoning District for Club Mirage, and the Principles, Guidelines and Recommendations contained in the General Plan, the Planning & Zoning Commission and Staff believe that the proposed rezoning is in conformance with the Fountain Hills General Plan and the requirements of the Zoning Ordinance, with exception to meeting the minimum parking requirements for private swimming and tennis clubs. The Planning & Zoning Commission recommend adoption of Ordinance 01-07, an amendment to the existing"R-3 P.D."zoning classification with the following stipulations: 1) The property owner shall paint the Fountain Hills Blvd. curbs adjacent to this property red and post this section of right of way "No Parking" in a manner suitable to the Town Engineer. The property owner shall submit plans to the Town to construct the maximum additional on-site parking to the satisfaction of the Community Development Director. L