HomeMy WebLinkAbout2001.0503.TCREM.Packet �1A `NId),Il NOTICE OF REGULAR AND EXECUTIVE
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Mayor Morgan
Councilman McNeill Councilwoman Hutcheson
Vice Mayor Wyman Councilman Kavanagh
Councilwoman Fraverd Councilwoman Ralphe
WHEN: THURSDAY, MAY 3, 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
L
RULES FOR ADDRESSING THE COUNCIL—ADOPTED 1/18/90
It is the Council's desire to hear public comment on agenda items. As it is important to maintain order during the meeting,please
adhere to the following rules of order if you wish to speak:
1.) All citizens wishing to speak must first be recognized by the Mayor.
2.) The Mayor will not call for public comment on an item until after a motion has been made and seconded and the Council has
had adequate opportunity to discuss the item.
3.) Please stand,approach the microphone and state your name and address after being called on to speak.
4.) All comments must be directed to the Mayor.
5.) TIME LIMIT—THREE(3)MINUTES PER PERSON PER ITEM.
6.) Statements should not be repetitive.
7.) Persons or groups wishing to make longer presentations should see the Town Clerk prior to the meeting.
• CALL TO ORDER—Mayor Morgan
• ROLL CALL
1.) Pursuant to A.R.S. §38-431.03.A.4, VOTE TO GO INTO EXECUTIVE SESSION for: discussion or
consultation with the attorneys of the public body in order to consider its position and instruct its attorneys
regarding the public body's position in pending or contemplated litigation or in settlement discussions
conducted in order to avoid or resolve litigation (condemnation action -Town of Fountain Hills v. MCO
Properties).
Lor
2.) RETURN TO REGULAR SESSION
Town Council Meeting Agenda Regular Session May 3,2001
• CALL TO ORDER—Mayor Morgan
(Nov • PLEDGE TO THE FLAG
• INVOCATION—Pastor Joe Bjerkstrand,Shepherd of the Hills Lutheran 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 April 17 and 19,2001.
*2.) Consideration of a PRELIMINARY AND FINAL PLAT for the proposed 2-unit condominium
project, Ashbrook Corner Condominiums, located at 16414 E. Ashbrook Drive, aka Plat 104,
Block 4, Lot 1, Case Number S2001-09.
*3.) Consideration of the RATIFICATION OF BID AWARD to Interstate Mechanical Corporation
in the amount of$33,554.00 for an evaporative condenser system for Town Hall Building C.
4.) INTRODUCTION AND PRESENTATION of certificates to five-year participants in the commercial
Adopt-A-Street program including:
Christ's Church Youth Group
Sunset Pools
VFW Post#7507
Fountain Hills LEADS Association(FLAG)
Fountain Hills Neighborhood Girl Scouts
5.) PUBLIC HEARING on a proposed Special Use Permit regarding hazardous materials use and
storage for US Currency Protection Corporation, located at 16508 E. Laser Drive, Suite 101,
Case Number SU2001-04.
6). Consideration of a proposed SPECIAL USE PERMIT regarding hazardous materials use and
storage for US Currency Protection Corporation, located at 16508 E. Laser Drive, Suite 101,
Case Number SU2001-04.
7). Discussion and possible action regarding AUTHORIZATION TO RETAIN COUNSEL to initiate
litigation in Superior Court or District Court against BNY Western and Merrill Lynch in whatever names
they do business under as well as any other entities known or unknown who may be liable to the Town
under any theory of law or equity for the bond funds deposited with BNY Western as Trustee and
currently not available for intended use.
8). Consideration of INITIATING AN AMENDMENT to Chapter 5.06 Yard, Lot, and Area Requirements,
Subsection F. Swimming Pools, of The Zoning Ordinance for the Town of Fountain Hills, so that a new
swimming pool and a new pool enclosure fence or wall (but not pool equipment) may be built while
observing a street side-yard setback of between ten feet (10') and twenty feet (20') if several conditions
are met.
titit.„ 9). CALL TO THE PUBLIC.
Town of Fountain Hills Page 2 of 3 Last printed 05/01/01 12:58 PM
Town Council Meeting Agenda Regular Session May 3,2001
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
(iw 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.
10.) ADJOURNMENT.
DATED this 27th dayof April,2001 `LJ
P �
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 or to obtain agenda information
in large print format.
Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office.
(110,
Town of Fountain Hills Page 3 of 3 Last printed 05/01/01 12:58 PM
(tow
MEMORANDUM
TO: HI 1 ' • B MAYOR MORGAN AND
T CO ILMEMBERS
FROM: PA IN,TOWN MANAGER
DATE: MA N, 1 01
RE: COUNCIL MEETING AGENDA ITEM
BANK OF NEW YORKIMERRILL LYNCH LAWSUIT
This item has been added to Thursday's council meeting agenda for the purpose of
authorizing our legal staff to commence a lawsuit against the Bank of New York and
Merrill Lynch.
Yesterday, I received a telephone call from the Bank of New York officials informing me
(111w that my offer of a partial payment from the Bank of New York, for the $2.1 million loss
that we have suffered, was rejected. It is the feeling of our legal team, and myself, that
we have been very patient with the Bank of New York, and that we now have exhausted
all possible remedies except litigation.
We strongly recommend that the Town Council authorize by motion, our attorneys in this
matter, the firm of Gust Rosenfeld, to commence appropriate litigation. We will sue
them for negligence, gross negligence, and securities fraud, among other charges. With
this requested authorization, we will be able to commence the lawsuit within one to two
weeks.
If you have any questions, please feel free to contact me.
L
MEMORANDUM
L TO: THE HONORABLE MAYOR MORGAN AND TO COUNCIL
FROM: PAUL L.NORDIN,TOWN MANAGER
DATE: APRIL 27,2001
RE: MANAGER'S REPORT FOR THE MAY 3rd 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. The Council meeting will immediately
follow at 6:30 p.m. in Council Chambers.
CONSENT AGENDA:
There are three items on the consent agenda. Please review each item and contact me
should you determine if any should be removed.
AGENDA ITEM#4 - FIVE-YEAR ADOPT-A-STREET CERTIFICATES:
(sof
Mayor Morgan will.present five-year participation certificates to five commercial
organizations in our Adopt-A-Street program. They are Christ's Church Youth Group,
Sunset Pools, VFW Post #7507, Fountain Hills LEADS Association, and Fountain
Hills Neighborhood Girl Scouts.
AGENDA ITEMS #5  - PUBLIC HEARING/SPECIAL USE PERMIT/
HAZARDOUS MATERIALS STORAGE:
A public hearing is scheduled to receive comments regarding a special use permit
application for hazardous materials storage in a manufacturing facility located at
16508 E. Laser Drive. The Planning and Zoning Commission unanimously
recommended approval with one stipulation, and staff concurs. Please see Jesse's
attached report.
AGENDA ITEM#7 - AMENDMENT RELATING TO SWIMMING POOL
ENCLOSURE WALLS/FENCES:
This item has been brought back from the April 19th Town Council meeting. The
proposed amendment to Section 5.06 (F) has been modified to address the Town
Engineer's concerns. If approved, the text amendment would allow swimming pool
and pool enclosures to encroach into street-side yard setbacks if certain conditions are
(kw met. Jeffs report is enclosed.
Town Manager's Report
May 3,2001 Council Meeting
Page 1 of 1
TOWN OF FOUNTAIN HILLS
(kiy. MEMORANDUM
TO: The Honorable Mayor and Town Council
THROUGH: Paul Nordin,Town Manager
FROM: Jesse Drake, Senior Planner JP
DATE: April 27, 2001
SUBJECT: Consideration of the Preliminary Plat and Final Plat for"Ashbrook Corner
Condominiums", a two-unit condominium project.
This request for consideration of the Preliminary Plat and Final Plat for "Ashbrook Corner
Condominums", there are no off-site improvements or Improvement Plans needed for this plat.
The plat is a request by Adrianna and Destiny A. Milic, which would condominiumize two units
located at 16414 East Ashbrook Drive, aka Lot 1, Block 4, Final Plat 104. Please refer to the
attached Staff report for additional details regarding this request.
L
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(liarr TOWN OF FOUNTAIN HILLS
PLANNING AND ZONING COMMISSION AND STAFF REPORT
May 3, 2001
CASE NO: S2001-09
PROJECT MANAGER: Jesse Drake
LOCATION: 16414 East Ashbrook Drive, aka Lot 1, Block 4, Final Plat 104.
REQUEST: Consider the Preliminary Plat and Final Plat for "Ashbrook Corner
Condominiums", a two unit condominium project.
DESCRIPTION:
OWNER: Adrianna and Destiny A. Milic
APPLICANT: Adrianna and Destiny A. Milic
EXISTING ZONING: R-2
EXISTING CONDITION: Existing two-unit complex
LOT SIZE: 9,896 square feet (0.23) acres)
SURROUNDING LAND USES AND ZONING:
NORTH: Existing single-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
SUMMARY:
This request is for approval of the Preliminary Plat and Final Plat for "Ashbrook Corner
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 owners, Adrianna and Destiny A. Milic, have 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 1,311 square feet, and a minimum livable area of 1,101
square feet. Each unit has a covered patio and a double car garage. The duplex unit
was approved for a building permit through Maricopa County in 1985.
RECOMMENDATION:
Planning and Zoning Commission made a recommendation for approval of the
Preliminary Plat S2001-09; "Ashbrook Corner Condominiums" on April 26, 2001, and
staff recommends approval of S2001-09; Final Plat "Ashbrook Corner
Condominiums".
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=f TOWN OF FOUNTAIN HILLS
vim: COMMUNITY DEVELOPMENT DEPARTMENT
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Signature of O ner I HERBY AUTHORIZE (Please Print) Date
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FILE THIS APPLICATION.
Subscribed and sworn before me this day of 19
My Commission Expires
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TFH Case Number
Fee Schedule Attached 5 D 00 I 0q
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April27,2001
InterofficeMemo
To: TOWN COUNCIL
From: MAYOR SHARON MORGA
Through: CASSIE HANSEN, DIRE OR OF ADMINISTRA N
Date: 04/27/01
Re: EXPENDITURE FOR COOLING TOWER, BUILDING C
On Tuesday, April 24, in accordance with Town Code Section 3-3-4 Emergency Purchasing
Procedure, I authorized the expenditure of $33,554 for the replacement of the evaporative
conde Town,Hall Building C.
r
-Oho of hecompressors in Building C "burned out" and had to be replaced, the
x nobility of the cooling tower to sufficiently cool the equipment. A
ugh„exam nation-:of the y m revealed it to be irreparable and preliminary estimates of
oximately 30,000 Were i for replacement. The draft lease approved by the Council
(kw c lid far the property owner 'M aresponsible for all repairs exceeding $500. Since the property
own et agr ,= o-the to s of that lease, the Town must incur the cost of necessary
O re >e to t rind the course of negotiation.
A j A
fir out"Ythewirnteri months v e ".efficiency of the cooling tower was not a problem thanks to
te mild temperatures mperatures that di fi `strain=the system's limited capabilities. But knowing the lead-time
'yrequired,to .replace the system, approached the Town Manager and stressed the urgency of
initiatingthe proces sui befor �,�.'`er's heat returned. On March 19, the Manager directed staff to
t"a he nece nary st 'a r he project going. The Facilities Supervisor immediately prepared
a p went The process concluded with a bid opening on April 19. With a lead
s � � ,-.arc.
time for air fapproximately six weeks and the summer heat already affecting the comfort
level of Building C, I felt it was necessary to start the process prior to the May 3 Council meeting.
I therefore authorized the notice to proceed to Interstate Mechanical Corp., the lowest responsible
bidder, and directed staff to place the item on the May 3 agenda for Council ratification.
Two bids were received for the project and are itemized on the attached memo from the Facilities
Supervisor. If you have any questions, please contact Don or Cassie.
Page 1 of 1 Agenda Item#3, 5/3/01 Last printed 04/27/01 1:41 PM
04/27/01
TOWN OF FOUNTAIN HILLS
MEMORANDUM
TO: Honorable Mayor and Town Council
FROM: Donald F. Thumith, Facilities Operations Supervisor
THROUGH: Paul Nordin, Town Manager
DATE: April 19, 2001
RE: 'Evaporative Condenser System
Construction bids were opened April 19, 2001 for the installation of.an
Evaporative Condenser System for Town Hall at Building C. Two bids were
received, as shown below.
Bidder Bid
Con West Group $ 36,455.00
Interstate Mechanical Corp. $ 33,554.00
Notice inviting bids were published locally and valley wide, we utilized two
construction data base companies that distribute notice inviting bids
statewide. As a result four packets were picked up, with two bids presented.
Interstate Mechanical Corp. presented the low bid, this company has
committed to an assurance the job will be completed prior to June 30th, 2001.
Staff recommends the project be awarded to Interstate Mechanical
Corporation.
Cc: Cassie Hansen
Bill Farrell
L
TOWN OF FOUNTAIN HILLS
MEMORANDUM
TO: The Honorable Mayor and Town Council
THROUGH: Paul Nordin,Town Manager
FROM: Jesse Drake, Senior Planner J o
DATE: April 27, 2001
SUBJECT: Consideration of the Special Use Permit for" US Currency Protection
Corporation".
This request is for approval of a Special Use Permit which would allow the use and storage of
hazardous materials by Mr. Glenn Karlberg as a part of the normal business operations of US
Currency Protection Corporation at 16508 East Laser Drive, Suite 101. Please refer to the attached
Staff report for additional details regarding this request.
(lib" TOWN OF FOUNTAIN HILLS
PLANNING AND ZONING COMMISSION AND STAFF REPORT
May 3, 2001
CASE NO: SU2001-04
PROJECT MANAGER: Jesse Drake
LOCATION: 16508 East Laser Drive, #101, aka Final Plat 414, Lot 67
REQUEST: Consideration of a Special Use Permit, which would allow the
storage and use of hazardous materials as a part of the business services used at
a manufacturing facility.
DESCRIPTION:
APPLICANT: US Currency Protection Corporation
OWNER: Glenn Karlberg
EXISTING ZONING: "1-2" P.U.D.
EXISTING CONDITION: Existing Firerock Centre Industrial Building
SURROUNDING LAND USES AND ZONING:
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NORTH: Vacant land, zoned "OSR-2" P.U.D.
SOUTH: Existing industrial building, zoned "IND-2" P.D.
EAST: Existing industrial building, zoned "IND-1"
WEST: Existing single family residence, zoned "R1-35" R.U.P.D.
SUMMARY:
This request is for approval of a Special Use Permit, which would allow the use
and storage of hazardous materials as a part of the normal business operations of
US Currency Protection Corporation. The facility is located in a 6,300 square foot
Industrial building which houses both administrative offices (4,220 square feet) and
the manufacturing facility (2,080 square feet) for the production of tear-gas dye
packs. The dye-pack is a disguised stack of currency containing an internal circuit
board and chemical pouch that are activated during a bank robbery, staining both
the cash and the assailant. The small chemical pouch in the dye-pack contains a
combination of red dye, red smoke and a tear gas irritant. The product is used
primarily by the banking industry to prevent loss of funds.
The chemical handling and storage area comprise 80 square feet of the
manufacturing floor area, approximately one percent of the rented space. The
hazardous chemicals in the dye-pack pouch are mixed and loaded into pre-
manufactured pouches in the 80 square foot assembly room which is isolated from
the main manufacturing floor. All hazardous materials are stored in this separate
room. The room contains a ten-inch filtered ventilating system to prevent noise,
fumes or gases being emitted from the facility.
The employee handling the chemicals wears a reusable breathing hood,
protective overall suit, and wears disposable latex gloves. The gloves protect the
employee from the red dye stain. The gloves and empty containers are placed
into the outside trash container. Waste Management Services is aware of the
disposal of the materials into the trash container.
The chemicals are delivered to a back loading area via UPS trucks in twenty-
pound packages. Each package contains an approximately gallon sized metal
drum protected by a corrugated cardboard cover.
At present the business has twelve employees. The hours of operation are from 8
AM to 4:30 PM Monday through Friday. Parking for all employees is
accommodated on the site. There are no off-site requests involved in this
Special Use Permit application.
EVALUATION:
The manufacturing, processing, and storage of hazardous materials are
(16, permitted in Industrial zoning districts with an approved Special Use Permit. The
business has been operating from this location since 1986, under the current
ownership since 1995. During the purchase and acquisition of the business, the
applicant was told that all licenses and permits were up-to-date and valid. The
applicant was informed that a Special Use Permit was required when the company
applied for a business permit renewal, and, although the applicant has been in
violation of the zoning code for a number of years, approval of this Special Use
Permit will bring the applicant into conformance with the code.
There are no requirements or regulations in the Firerock Industrial Centre
Planned Unit Development that would restrict the use at this location.
Staff has contacted Onyx Environmental, a hazardous waste disposal company,
and has reviewed the chemicals used at this facility with their representative.
They have no concerns with the disposal of the containers or gloves into the
trash dumpster.
Both the Town Marshal and Fire Department are aware of the nature of the
materials used at the site and regularly review the facility for any violations in
handling of the materials. No accidents or violations have been recorded.
Additionally, one part of the business operations involves the handling and
adjustment of alarm systems.
RECOMMENDATION:
The Planning and Zoning Commission recommends approval of SU 2001-04,
"US Currency Protection Corporation" with one stipulation, and staff
recommends approval of SU 2001-04, "US Currency Protection Corporation"
with the following stipulation:
1. That the applicant immediately apply for, and obtain, an alarm permit
to conform with the Marshal's Department request.
Attachments:
Special Use Permit Application
Letter from applicant
Site Plan
Report from Fire Department with ratings and ratings sheets for all chemicals
(kw
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•• ? TOWN OF FOUNTAIN HILLS
.��-'; COMMUNITY DEVELOPMENT DEPARTMENT
j SPECIAL USePERMI APPLICATION: 4 .?-..t .,, ; :..
Date Filed I Fee Paid ilo
n , ,,, .\
March 28, 2001 $7 5 0 .0 0 1- 471-0-1741 rtf- Accepted By
I is )
Type of Special Use Requested
Storage of Hazardous Materials
Address of Subject Property Zoning
16508 E. Laser Dr. , #101, Fountain Hills AZ 85268 I-2
Legal Description: Plat Block Lot(s)
414
67
Applicant Day Phone
US Currency Protection Corp. 480-837-3773
A1d6�e0IT E. Laser Dr. , Suite 101 City Fountain Hil1T AZ Zip
1 85?6R
I
Owner ,
Glenn Karlberg Day Phone
pad 480-837-3773
16ST E. Laser Dr. , Suite 101 HllST AZ Zip- Itoutain 85268
Signature I g re of � I HERBY AUTHORIZE(Please Print) Date
(kw r7
March 28,2001
TO FILE THIS APPLICATION.
Subscribed and sworn before me this ' % day of \CA.,.�._Q,"._ , i .r
\\cL1?
� ��►�;�#jp OFFICIAL SEAL~'`-\-`-~�?
�'' �-`-`-' My Commission Ex. `- 111,! , RARR R r
Notary Public � ^�•-•• � A A J.HAWKINS 1
t. •�.. NOTARY PUBLIC-ARIZONA 1
- MARICOPA COUNTY r
My Comm.Expires Sept.7,2004 1���`k�.'ti.�_ �.'�. 4
(Seal)
Please Provide the Following (attach additional sheets):
1. Mailing labels with names and addresses of all property owners within 300 feet of the external
boundaries of the subject property. Attached
2. 3 full size prints (preferably 24"X36") of the site plan showing minimum zoning requirements and the
proposed development if the Special Use Permit is granted, as well as the exterior elevations. N/A
3. 1 8.5" X 11" photostatic reduction of each of the above referenced exhibits. N/A
4. Describe the proposed use, the operations of the use, and the facilities proposed for the land use.
See attached Supplemental Letter
5. A narrative describing any adverse impact the proposed land use may have on the surrounding
properties and on the neighborhood and what steps will be taken to avoid these adverse impacts. None.
TFH Case Number
iliolee Schedule Attached
.ktirs/bii I
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UNITED STATES CURRENCY PROTECTION
CORPORATION
March 28, 2001
Mr. Jeffrey W. Valder
Director of Community Development
•
Town of Fountain Hills
16836 East Palisades Boulevard, Building C
Fountain Hills, AZ 85269
Re: Supplemental Letter to Special Use Permit Application
Dear Mr. Valder:
In response to your request for additional information, we are please to provide the following:
• General Description of Business
US Currency Protection Corp. ("USCPC"), is one of the world's leading producers
and sellers of tear-gas dye packs, principally used by banks to prevent loss of funds
and to recover stolen funds from bank robberies. A dye pack is a disguised stack of
currency notes, with an electronic circuit board and chemical pouch inside (the stack
of bills) that expends when a bank robber leaves the bank, staining the cash and the
assailant. Dye packs are sold through the US and in approximately 30 countries
around the world. The small chemical pouch in the dye pack contains a mixture of
red smoke&dye and CN tear gas(which acts as an irritant,not a debilitant).
Founded in 1961, USCPC moved to its present location in Suite 101 at 16508 E.
Laser Dr. in approximately 1986. Here we have our administrative offices and
manufacturing facility. Our manufacturing consists of final assembly of the
electronic circuit board and the chemical pouch into the stack of bills. The chemical
pouch is loaded in a small room (approximately 80 sq. ft.) off of our manufacturing
area. All of our chemicals are stored in this room. The chemicals are mixed and
loaded into pre-made pouches. Every bit of chemical is used and there is no waste
from this minor part of our operation. Once the product goes through final assembly
and test it is shipped out to our service personnel located around the country (or to a
foreign distributor), who perform the installation and service work with respect to our
product.
Please note that the Fountain Hills Fire Department has inspected and reviewed our
use, handling and storage of the minor amounts of chemicals (hazardous materials)
that we maintain here since at least 1990. In our business we have the pleasure of
working closely with police departments around the country as well as the FBI and
the Treasury Department.
(kb,
•
16508 East Laser Drive • Fountain Hills,Arizona 85268 • 480.837.3773 • Fax 480.837.3774 • protection@usepc.com
• Present Location Data
L
• Address: 16508 E. Laser Dr., Suite 101, Fountain Hills, AZ 85268
• Total Square Feet Currently Rented:Approximately 6,300
• Breakdown(approximate)of Square Footage Currently Rented:
Office&Admin. 4,220
Manufacturing& Component Storage 2,000
Chemical Handling & Storage 80
Total 6,300
• Details concerning Hazardous Materials
Hazardous materials used:
Chemical Max Otv. Stored Min.Qtv. Stored
Atacryl Red 4G (Dye) 22 lbs. 2 lbs
(Purchased in 20 lb. Containers)
Smoke Mix(Classed as Potassium
Chlorate) 22 lbs. 2 lbs.
(Purchased in 20 lb. Containers)
CN 121 Tear Gas(powder)
(Classed as Chloroacetophenone) 22 lbs. 2 lbs.
(1111w (Purchased in 20 lb. Containers)
Isopropyl Alcohol (Classed as IPA) 12 gals. 2 gals.
The Fountain Hills Fire Department maintains MSDS sheets on each of these items, from
their annual inspections. The quantities we use in each dye pack are very small, thus we
order in the smallest containers the chemicals come in and our re-order points are fairly
low. As noted above, we mix the dye with the smoke mix and tear gas and fill up plastic
pouches which go inside the stack of bills. There is little to no waste involved in this
operation, as the chemicals are very expensive.
We have always been proud to call Fountain Hills our home. Our company has purchased a lot
down the street on Laser Drive from our present location where we look forward to bu8ilding our
new office and manufacturing facility.
I hope that the above information is sufficient, should you have any questions or require any other
information,please do not hesitate to contact me.
Kind regards,
U.S. CURRENCY PROTECTION CORP.
/Glenn B. Karlberg
(116., Co-Chief Executive Officer
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Report from Fountain Hills Fire Department
See Accompanying Sheets for rating information
Chemical Health Flammability Reactivity Special Hazards
Name Rating Rating Rating Rating
Atacryl Red 4G(Dye) ratings unknown
Potassium Cholorate 2 0 3 oxy
Chloroacetophenone 4 0 1 corrosive W
Isopropyl alchohol 2 3 0 ----
Propylene glycol 2 1 0 ----
r
L
/ HEALTH HAZARDS 704-5
1-5.2 The system is based on relative rather than absolute 2-1.4* For purposes of assigning the health hazard rating,
values.Therefore,it is anticipated that conditions of storage only the inherent physical and toxic properties of the mate-
Lowand use can result in different ratings being assigned to the rial shall be considered,unless the combustion or decompo-
same material by different persons. Furthermore, the guid- sition products present a significantly greater degree of risk.
ance presented in the following chapters is necessarily lim- 2.1.5 The degree of hazard shall indicate to fire fighting
ited. For example, flash point is the primary criterion for and emergency response personnel one of the following:
assigning the flammability rating,but other criteria might be that they can work safely only with specialized protective
of equal importance. For example, autoignition tempera- equipment; that they can work safely with suitable respira-
ture,flammability limits,and susceptibility of a container to tory protective equipment; or that they can work safely in
failure due to fire exposure also shall be considered. For the area with ordinary clothing.
instability,emphasis has been placed on the ease by which an
energy-releasing reaction is triggered. For health,consider- 2-2 Definitions.
ation shall be given not only to inherent hazards but also to
protective measures that shall be taken to minimize effects of Health Hazard. The likelihood of a material to cause,
short-term exposure. either directly or indirectly,temporary or permanent injury
or incapacitation due to an acute exposure by contact,inha-
1-5.3 In some situations, such as warehouses, storage lation,or ingestion.
rooms or buildings, laboratory facilities, etc., a variety of
materials can be present in one localized area. In such cases 2-3 Degrees of Hazard.
considerable judgment might be needed to properly assign
ratings to the area. 2-3.1* The degrees of health hazard shall be ranked
according to the probable severity of the effects of exposure
1-5.4 Based upon professional judgment it shall be permit- to emergency response personnel. For each degree of haz-
ted to either increase or decrease the hazard rating to more and the criteria are listed in a priority order based upon the
accurately assess the likely degree of hazard that will be likelihood of exposure. Data from all routes of exposure
encountered. shall be considered when applying professional judgment to
assign a health hazard rating.
Chapter 2 Health Hazards
4Materials that, under emergency conditions, can
2-1 General. be lethal. The following criteria shall be consid-
2-1.1 This chapter shall address the capability of a material ered when rating materials:
to cause personal injury due to contact with or entry into the Gases whose LC50 for acute inhalation toxicity is
(ase
body via inhalation, ingestion, skin contact, or eye contact. less than or equal to 1000 parts per million(ppm);
Onlythe hazards that arise from an inherent toxic property Any liquid whose saturated vapor concentration
at 68°F(20°C)is equal to or greater than ten times
of the material or its products of decomposition or combus- its LC50 for acute inhalation toxicity,if its LC50 is less
tion shall be considered. Injury resulting from the heat of a than or equal to 1000 parts per million(ppm);
fire or from the force of an explosion shall not be consid- Dusts and mists whose LC50 for acute inhalation
ered. toxicity is less than or equal to 0.5 milligrams per
2-1.2 In general,the health hazard that results from a fire liter(mg/L);
or other emergency condition is one of acute (single)short- Materials whose LD50 for acute dermal toxicity is
term exposure to a concentration of a hazardous material. less than or equal to 40 milligrams per kilogram
This exposure can vary from a few seconds to as long as one (mg/kg);
hour. The physical exertion demanded by fire-fighting or Materials whose LD50 for acute oral toxicity is less
other emergency activity can be expected to intensify the than or equal to 5 milligrams per kilogram(mg/kg).
effects of any exposure.In addition,the hazard under ambi-
ent conditions will likely be exaggerated at elevated temper-
atures. Health hazards that can result from chronic or -.; Materials that, under emergency conditions, can
repeated long-term exposure to low concentrations of a haz- cause serious or permanent injury. The following
ardour material shall not be considered. criteria shall be considered when rating materials:
2-1.3 The oral route of exposure, i.e., ingestion, is highly Gases whose LC50 for acute inhalation toxicity is
unlikely under the conditions anticipated by this standard. greater than 1000 parts per million(ppm),but less
If situations are encountered, however,where the oral tox- than or equal to 3000 parts per million(ppm);
icity values indicate a significantly different health hazard Any liquid whose saturated vapor concentration
rating than from other, more likely routes of exposure, or at 68°F(20°C)is equal to or greater than its LC50 for
where the oral toxicity values would tend to either exagger- acute inhalation toxicity, if its LC50 is less than or
ate or minimize the hazards likely to be encountered, then equal to 3000 parts per million(ppm)and that does
professional judgment shall be exercised in assigning the not meet the criteria for degree of hazard 4;
health hazard rating. In such cases, other routes of entry Dusts and mist whose LC50 for acute inhalation
shall be considered to be more appropriate in assessing the toxicity is greater than 0.5 milligrams per liter
hazard. Similarly, inhalation of dusts and mists is unlikely (mg/L), but less than or equal to 2 milligrams per
under the conditions anticipated by this standard. In such liter(mg/L);
cases, the health hazard ratings shall also be based on data Materials whose LD50 for acute dermal toxicity is
(60 for the more likely routes of exposure. greater than 40 milligrams per kilogram (mg/kg),
1996 Edition
704-6 IDENTIFICATION OF THE HAZARDS OF MATERIALS FOR EMERGENCY RESPONSE
but less than or equal to 200 milligrams per kilogram 0 Materials that, under emergency conditions.
(mg/kg);
Materials that are corrosive to the respiratory tract; would offer no hazard beyond that of ordinary
combustible materials.The following criteria shall
Materials that are corrosive to the eye or cause irre- be considered when rating materials:
versible corneal opacity; Gases and vapors whose LC50 for acute inhala-
Materials that are severely irritating and/or corro- tion toxicity is greater than 10,000 parts per mil-
sive to skin; lion(ppm);
Materials whose LD50 for acute oral toxicity Dusts and mists whose LC50 for acute inhala-
is greater than 5 milligrams per kilogram (mg/kg), tion toxicity is greater than 200 milligrams per
but less than or equal to 50 milligrams per kilogram liter(mg/L);
(mg/kg). Materials whose LD50 for acute dermal toxicity
is greater than 2000 milligrams per kilogram
2 Materials that, under emergency conditions, can (mg/kg);
cause temporary incapacitation or residual injury. Materials whose LD50 for acute oral toxicity is
The following criteria shall Ue considered when greater than 2000 milligrams per ki' gram(mg/kg);
rating materials: Essentially nonirritating to the respiratory
Gases whose LC50 for acute inhalation toxicity is tract,eyes,and skin.
greater than 3000 parts per million(ppm),but less
than or equal to 5000 parts per million(ppm);
Any liquid whose saturated vapor concentration Chapter 3 :.Flammability Hazards
at 68°F(20°C)is equal to or greater than one-fifth
(I/5)its LC50 for acute inhalation toxicity,if its LC50 3-1 General.
is less than or equal to 5000 parts per million(ppm)
and that does not meet the criteria for either degree 3-1.1 This chapter shall address the degree of susceptibil-
of hazard 3 or degree of hazard 4; ity of materials to burning. Since many materials will burn
under one set of conditions but will not burn under others,
Dusts and mists whose LC50 for acute inhala-
the form or condition of the material shall be considered,
tion toxicity is greater than 2 milligrams per liter
(mg/L),but less than or equal to 10 milligrams per along with its inherent properties.The definitions for liquid
liter(mg/L); classification are found in NFPA 30,Flammable and Combusti-
Materials whose LD50 for acute dermal toxicity ble Liquids Code.
is greater than 200 milligrams per kilogram
(mg/kg),but less than or equal to 1000 milligrams 3-2 Degrees of Hazard.
per kilogram(mg/kg); 3-2.1* The degrees of hazard shall be ranked according to
Materials that are respiratory irritants; i the susceptibility of materials to burning as follows:
Materials that cause irritating but reversible
injury to the eyes;
4 Materials that will rapidly or con.r letely vaporize
Materials that are primary skin irritants or
sensitizers; at atmospheric pressure and normal ambient
temperature or that are readily dispersed in air,
Materials whose LD50 for acute oral toxicity
is greater than 50 milligrams per kilogram, and which will burn readily.This includes:
but less than or equal to 500 milligrams per kilo- Flammable gases;
gram(mg/kg). Flammable cryogenic material,-
Any liquid or gaseous material that is liquid
while under pressure and has a flash point below
Materials that, under emergency conditions, can 73°F (22.8°C) and a boiling point below 100°F
cause significant irritation. The following criteria 1 (37.8°C)(i.e.,Class IA liquids);
shall be considered when rating materials: Materials that ignite spontaneously when
Gases and vapors whose LC50 for acute inhala- exposed to air.
tion toxicity is greater than 5000 parts per million
(ppm),but less than or equal to 10,000 parts per 3 Liquids and solids that can be ignited under
million(ppm); almost all ambient temperature conditions. Mate-
Dusts and mists whose LC50 for acute inhala- rials in this degree produce hazardous atmo-
tion toxicity is greater than 10 milligrams per liter spheres with air under almost all imbient temper-
(mg/L), but less than or equal to 200 milligrams atures or, though unaffected by ambient
per liter(mg/L); temperatures,are readily ignited under almost all
Materials whose LD50 for acute dermal toxicity conditions.This includes:
is greater than 1000 milligrams per kilogram Liquids having a flash point below 73°F
(mg/kg),but less than or equal to 2000 milligrams (22.8°C) and having a boiling point at or above
per kilogram(mg/kg); 100°F (37.8°C) and those liquids having a flash
Materials that are slightly irritating to the respi- point at or above 73°F (22.8°C) and below 100°F
ratory tract,eyes,and skin; (37.8°C)(i.e.,Class IB and Class IC liquids);
Materials whose LD50 for acute oral toxicity is Materials that on account of their physical form
greater than 500 milligrams per kilogram (mg/kg), or environmental conditions can form explosive
but less than or equal to 2000 milligrams per kilo- mixtures with air and that are _eadily dispersed
(kW gram(mg/kg). in air;
1996 Edition
INSTABILITY HAZARDS 704-7
Materials that burn with extreme rapidity,usu- or polymerization, or can undergo violent explosive reaction
ally by reason of self-contained oxygen (e.g., dry through contact with water or other extinguishing agents or
co nitrocellulose and many organic peroxides). with certain other materials.
2 Materials that must be moderatel heated or 4-1.2 The violence of a reaction or decomposition of mate-
y
exposed to relatively high ambient temperatures rials can be increased by heat or pressure,or by mixture with
before ignition can occur. Materials in this degree certain other materials to form fuel-oxidizer combinations,
would not under normal conditions form hazard- or by contact with incompatible substances, sensitizing con-
ous atmospheres with air,but under high ambient taminants,or catalysts.
temperatures or under moderate heating might 4-1.3 Because of the wide variations of accidental combina-
release vapor in sufficient quantities to produce tions possible in fire or other emergencies,these extraneous
hazardous atmospheres with air.This includes: hazard factors (except for the effect of water) cannot be
1 Liquids having a flash point at or above 100°F applied to a general numerical rating of hazards. Such
(37.8°C)and below 200°F(93.4°C)(i.e.,Class II and extraneous factors must be considered individually in order
Class IIIA liquids);• to establish appropriate safety factors,such as separation or
Solid materials in the form of coarse dusts that segregation. Such individual consideration is particularly
burn rapidly but that generally do not form explo- important where significant amounts of materials are to be
sive atmospheres with air; stored or handled. Guidance for this consideration is pro-
Solid materials in a fibrous or shredded form that vided in NFPA 49,Hazardous Chemicals Data.
burn rapidly and create flash fire hazards, such as
cotton,sisal,and hemp; 4-1.4 The degree of instability hazard shall indicate to fire
Solids and semisolids that readily give offflamma- fighting and emergency personnel whether the area shall be
ble vapors. evacuated, whether a fire shall be fought from a protected
location, whether caution shall be used in approaching a
r l Materials that must be preheated before ignition spill or fire to apply extinguishing agents,orwhether a fire
can occur.Materials in this degree require consid- can be fought using normal procedures.
erable preheating, under all ambient tempera-
ture conditions, before ignition and combustion 4-2 Definitions.
can occur.This includes: 4-2.1 For the purposes of this standard,an unstable material
Materials that will burn in air when exposed to
a temperature of 1500°F(815.5°C)for a period of is one that can enter into a violent chemical reaction with water.
5 min or less; Guidelines for determination of water instability hazard ratings
can be found in Appendix D. Reactions with other materials
Liquids, solids, and semisolids having a flash(iv'
point at or above 200°F (93.4°C) (i.e., Class IIIB can also result in violent release of energy but are beyond the
liquids); scope of this standard.
Liquids with a flash point greater than 95°F 4-2.2 For the purposes of this standard,an unstable mate-
(35°C) that do not sustain combustion when rial is one that, in the pure state or as commercially pro-
tested using the Method of Testing for Sustained duced,will vigorously polymerize,decompose or condense,
Combustibility, per 49 CFR Part 173 Appendix H, become self-reactive,or otherwise undergo a violent chemi-
or the UN Recommendations on the Transport of Dan- cal change under conditions of shock,pressure,or tempera-
gerous Goods,8th Revised Edition. ture. This calculation is not applicable for the evaluation/
Liquids with a flash point greater than 95°F classification of organic peroxides.Refer to NFPA 43B,Code
(35°C) in a water-miscible solution or dispersion for the Storage of Organic Peroxide Formulations,for more spe-
with a water noncombustible liquid/solid content cific information regarding the instability hazard rating of
of more than 85 percent by weight. organic peroxides. Guidelines for determining thermal sta-
Liquids that have no fire point when tested by bility ratings can be found in Appendix D.
ASTM D 92, Standard Test Method for Flash Point 4-2.3 Stable materials are those that normally have the
and Fire Point by Cleveland Open Cup,up to the boil-
ing point of the liquid or up to a temperature at capacity to resist changes in their chemical composition,
despite exposure to air, water, and heat as encountered in
which the sample being tested shows an obvious
physical change; fire emergencies.
Most ordinary combustible materials. 4-3 Degrees of Hazard.
O
Materials that will not burn. This includes any material that will not burn in air when exposed to 4-3.1 The degrees of hazard shall be ranked according to
ease,rate,and quantity of energy release as follows:
a temperature of 1500°F(815.5°C)for a period of
5 min.
Materials that in themselves are readily capable of
%6 4 t U+ry detonation or explosive decomposition or explo-
Chapter 4 Instability Hazards sive reaction at normal temperatures and pres-
sures.This includes materials that are sensitive to
localized thermal or mechanical shock at normal
4-1 General. temperatures and pressures.
4-1.1 This chapter shall address the degree of susceptibility Materials that have an instantaneous power
of materials to release energy. Some materials are capable of density (product of heat of reaction and reaction
Ly. rapid release of energy by themselves, through self-reaction rate)at 482°F(250°C)of 1000 W/mL or greater.
1996 Edition
704-8 IDENTIFICATION OF THE HAZARDS OF MATERIALS FOR EMERGENCY RESPONSE
3 Materials that in themselves are capable of deto- z 0 Materials that in themselves are normally stable,
nation or explosive decomposition or explosive even under fire conditions.This includes:
Lev reaction, but that require a strong initiating Materials that have an instantaneous power
source or that must be heated under confinement density (product of heat of reaction and reaction
before initiation.This includes: rate)at 482°F(250°C)below 0.01 W/mL;
Materials that have an instantaneous power Materials that do not react with water;
density(product of heat of reaction and reaction Materials that do not exhibit an exotherm at
rate)at 482°F(250°C)at or above 100 W/mL and temperature less than or equal to 932°F (500°C)
below 1000 W/mL; when tested by differential scanning calorimetry.
Materials that are sensitive to thermal or
mechanical shock at elevated temperatures and
pressures;
Materials that react explosively with water with- Chapter 5 ,Special Hazards
out requiring heat or confinement.
5-1 General.
'"2 Materials that readily undergo violent chemical 5-1.1 This chapter shall address the other properties of the
material that cause special problems or require special fire-
change at elevated temperatures and pressures.
This includes: fighting techniques.
Materials that have an instantaneous power 5-1.2 Special hazards symbols shall be shown in the fourth
density(product of heat of reaction and reaction space of the diagram or immediately above or below the
rate)at 482°F (250°C)at or above 10 W/mL and entire symbol.
below 100 W/mL;
Materials that react violently with water or form 5-2 Symbols.
potentially explosive mixtures with water.
5-2.1 Materials that demonstrate unusual reactivity with
water shall be identified by the letter W with a horizontal
Materials that in themselves are normally stable, line through the center(4+I9.
but that can become unstable at elevated temper- 5-2.2 Materials that possess oxidizing properties shall be
atures and pressures.This includes: identified by the letters OX.
Materials that have an instantaneous power
density(product of heat of reaction and reaction
rate)at 482°F(250°C)at or above 0.01 W/mL and
below 10 W/mL; Chapter 6 Identification of Materials by Hazard
Materials that react vigorously with water, but Rating System
not violently;
Materials that change or decompose on expo- 6-1 One of the systems delineated in the following illustra-
sure to air,light,or moisture. Lions shall be used for the implementation of this standard.
Adhesive-backed plastic Flammability White painted background,or
background pieces,one hazard rating— white paper or card stock
needed for each numeral, red
three needed for each
complete hazard rating Health Instability
hazard rating— hazard rating—
blue yellow
r
Figure 1 For use where specified Figure 2 For use where white Figure 3 For use where white
color background is used with background is necessary. background is used with painted
numerals of contrasting colors. numerals,or for use when hazard
rating is in the form of sign or placard.
1/4160,
Figure 6-1 Alternate arrangements for display of NFPA 704 Hazard Identification System.
1996 Edition
L
MEMORANDUM
TO: H) 1 ' • B MAYOR MORGAN AND
T 1► CO ILMEMBERS
FROM: PA WT IN,TOWN MANAGER
DATE: MA \, 01
RE: COUNCIL MEETING AGENDA ITEM
BANK OF NEW YORK/MERRILL LYNCH LAWSUIT
This item has been added to Thursday's council meeting agenda for the purpose of
authorizing our legal staff to commence a lawsuit against the Bank of New York and
Merrill Lynch.
Yesterday, I received a telephone call from the Bank of New York officials informing me
Lthat my offer of a partial payment from the Bank of New York, for the $2.1 million loss
that we have suffered, was rejected. It is the feeling of our legal team, and myself, that
we have been very patient with the Bank of New York, and that we now have exhausted
all possible remedies except litigation.
We strongly recommend that the Town Council authorize by motion, our attorneys in this
matter, the firm of Gust Rosenfeld, to commence appropriate litigation. We will sue
them for negligence, gross negligence, and securities fraud, among other charges. With
this requested authorization, we will be able to commence the lawsuit within one to two
weeks.
If you have any questions, please feel free to contact me.
Town of Fountain Hills
Memorandum
DATE: April 27, 2001
TO: The Honorable Mayor and Common Council
FROM: Jeffrey Valder,Director of Community Developmen
THROUGH: Paul L. Nordin,Town Manager
SUBJECT: Town Council consideration of initiating of an amendment to Section 5.06(F)of The
Zoning Ordinance for the Town of Fountain Hills to allow swimming pools and pool
enclosure walls/fences to encroach into street side-yard setbacks if certain conditions are
met.
Mayor Morgan requested that this item be considered at the Council's April 19, 2001 agenda. On April
19, 2001 the Council directed staff to return to the Council on May 3, 2001 with the language modified to
address the Town Engineer's concerns with the proposed amendment. The Town Engineer's
memorandum is attached. The proposed amendment to Section 5,06 (F) has been modified to address the
Town Engineer's concerns. Please see paragraph F.4 for this language.
The Town recently denied a building permit application for a swimming pool and a pool enclosure wall
that was proposed to be built within the street side-yard setback of a house located at the intersection of
Kim and Centipede Drives in the "R 1-10" Zoning District. The house was built in 1993 when the street
side-yard setback was ten feet (10'). Late in 1993 the Town amended its zoning regulations and changed
the street side-yard setback in the many of the Town's small-lot single-family zoning districts, including
the R 1-10 Zoning District,to twenty feet(20').
The house on Kim and Centipede Drives was built so that one corner of the house observes a 10' street
side-yard setback. Furthermore, the house was built at an angle on the lot such that there is a small, level
area for a swimming pool to the rear of the house, but that area is within the street side-yard setback.
Staff explained to the property owner that with the exception of gaining approval of a variance, the only
way the Town could issue a building permit for the proposed swimming pool and pool enclosure wall to
be built within the 20' street side-yard setback would be for the Town to approve an amendment to the
zoning ordinance text.
Since the Town's modification of the street side-yard setback in our smaller lot single-family zoning
districts in 1993, the Town has denied property owners the ability to build swimming pools and/or pool
enclosure walls/fences within the 20' street side-yard an estimated 50 times. Staff is concerned that
zoning text amendments, such as the amendment proposed herein, that are sought to benefit an extremely
small number of people contain elements of "spot zoning." Spot zoning actions are generally viewed
upon with disfavor because decisions are made to benefit one property owner or a small number of
property owners, and are generally inconsistent with Town-wide land use policies. The Town's 1993
action to increase the street-side yard setbacks in small-lot zoning districts was a reasonable, sound
decision that has led to improved streetscapes and that has provided room to address future drainage,road
design and road safety issues. While the proposed amendment does address most of the Town Engineer's
concerns, and was written in a way to significantly reduce the number of properties that could qualify,the
degradation of the streetscape aesthetics caused by full-height walls or fences closer than 20' to the street
side property line cannot be mitigated.
Town Council Memorandum
April 27,2001
Pools/fences in SS Setbacks Initiation
Page 2 of 2
If the Town Council desires to allow swimming pools and pool enclosure walls/fences to be built within
this setback area on corner lots and in a manner that would minimally affect other properties in Town, the
following amendment to Section 5.06 (F) of The Zoning Ordinance of the Town of Fountain Hills would
do so. Text to be added is shown as double-underlined.
5.06 Yard,Lot,and Area Requirements.
F. Swimming Pools. Any swimming pool in any zone shall not be located in the required front or
street side yard and shall be at least three (3) feet from any rear and interior side lot lines, and shall
maintain side yard setbacks from the street side lot lines as required for the main structure in that
zone. However, a new swimming pool and a new pool enclosure fence or wall (but not pool
equipment) may be built while observing a street side-yard setback of between ten feet (10') and
twenty feet(20')if all of the following conditions apply:
1. The property must be located within the"R 1-10"Zoning District.
2. The development of a wall or fence must be a part of a new swimming pool building permit
application in order for the wall or fence to be located within the street side-yard setback.
3. A single-family house must have been developed on the property under a building permit
issued prior to November 18, 1993 and the single-family house or a portion of the house(not
including unenclosed porches or patios) must have been built between the then minimum
street side-yard setback line of ten feet (10') and the current street side-yard setback of
twenty feet(20').
4. No pool enclosure wall or fence shall, in the opinion of the Town Engineer, be permitted
within twenty(20')feet of a street-side property line if such a wall or fence:
a. Infringes on vehicular sight lines,and/or is within 50' of a street intersection.
b. Encroaches into any public utility easement,drainage easement or drainage flow path.
c. Would be located in an area that would be needed for future road widening, sidewalks,
slopes or improved drainage flow paths.
d. Would be located in an area that would be needed for future utility lines, boxes or
structures.
e. Is located within a roadway"clear zone."
f. Is needed to convey flood flows.
5. If all of the conditions as stated in subsections 1 through 4 above are met, a new swimming
pool and a new pool enclosure fence or wall (but not pool equipment) may be built while
observing not less than the street side-yard setback of between ten feet(10')and twenty feet
(20') as observed by the single-family house. For example, if a house in the"R1-8"Zoning
District was built in 1990 and if one corner of the house was built observing a twelve (12')
street side-yard setback, a new pool enclosure wall or fence and a new swimming pool could
be built while observing a twelve(12')street side-yard setback.
•
L a �) Town of FOUNTAIN HILLS
3 �� u7
"' — 4° Engineering Department
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MEMORANDUM
TO: Jeff Valder i
evvA
•
FROM: Randy L. Harrel,P.E.,L.S.
Town Engineer
DATE: April 16, 2001
RE: Proposed zoning ordinance amendment initiation on April 19, 2001 Council agenda.
Allowing by-right pools and pool fences within the street side yard setback.
We are very concerned with the proposed zoning ordinance initiation which would allow pools and
pool fences "by-right"into the"back"half of the street side yard setback in the Town's older platted
subdivisions. We recognize that there are probably many locations where the proposed change
would not adversely impact either the street infrastructure, sight lines, utilities, or the adjacent
(ilav property. However, the 20' street side yard setback was enacted because, in many instances, it is
needed or highly desirable. Some of those circumstances are:
Street sight line infringement.
• Sight line easements weren't ever platted prior to 1992. Even if the side street was platted
thereafter, but subsequent to the corner lot's subdivision, it may not have been feasible to
obtain a sight line easement. The stop sign direction may have changed from what was
originally anticipated. Or, the need for a sight line might have easily been overlooked in the
platting process.
Existing utilities/drainage.
• If there is an existing PUE, DE, or other easement, or if there is an existing utility line or
drainage flow path in the "back" half of the street side yard setback, those rights of record
and/or of adverse possession to this area should preclude a pool or fence being built there.
Future street/utilities/drainage.
• The Town may eventually need to widen the street, add a turn lane, construct a meandering
sidewalk, cut back a steep slope, or widen/deepen a drainage flow path,in this area. The Town
and/or a utility may eventually need to construct a new utility line, box, or structure, in this
area.
Landscape infringement.
(low • The street side yard setback serves a useful public purpose to provide a pleasant landscapable
area.
Zoning Ordinance Mitigation.doc Page 1 of 2 Citron 105
Clear zone infringement.
• The street side yard setback frequently doubles as the roadway clear zone. Having the
appropriate clear zone allows a run-off-the-road vehicle a recovery zone before crashing into an
immovable object—like a block wall, or a swimming pool. The clear zone is particularly
important for higher speed collector and arterial roadways, uncurbed roadways, the outside of
curved roadway lengths, and for steep slopes.
Floodplain.
• Many older areas of Town contain floodway/floodplain flows outside of platted drainage tracts
or drainage easement areas. These may overtop and cross roadways, or flow along roadways,
often spreading onto adjoining property. The major flow areas are shown on our Floodplain
Delineation Maps, but smaller—though still significant—floodable areas must be individually
evaluated in the field and on the maps by qualified technical personnel.
For all these reasons, the Engineering Department opposes blanket, by-right encroachment into the
street side yard setback.
However,we do recognize that there are probably many locations where such encroachments would
not be detrimental. Perhaps a discretionary review and approval process—such as a zoning
variance or a process similar to our easement abandonments--would be appropriate. All the above
items (and others as appropriate) should be considered for whatever review/approval process is
used.
4tir bb
cc: Tom Ward
Jim Leubner
L
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