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HomeMy WebLinkAbout2001.0517.TCREM.Packet (kiw. o N$1 NOTICE OF REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN�• to COUNCIL 46. that is A Mayor Morgan Councilman McNeill Councilwoman Hutcheson Vice Mayor Wyman Councilman Kavanagh Councilwoman Fraverd Councilwoman Ralphe WHEN: THURSDAY, MAY 17, 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 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 (61.0 Properties). 2.) RETURN TO REGULAR SESSION Town Council Meeting Agenda Regular Session May 17,2001 • CALL TO ORDER—Mayor Morgan • PLEDGE TO THE FLAG • INVOCATION—Councilwoman Sharon Hutcheson • ROLL CALL • INTRODUCTION of Maricopa County Sheriff Joe Arpaio 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 May 3,2001. *2.) Consideration of a PRELIMINARY AND FINAL PLAT for the two-unit Lost Arrow Estates, located at 16529 E.Lost Arrow Drive, aka Plat 206,Block 3,Lot 12,Case Number S2001-11. *3.) Consideration of a PRELIMINARY AND FINAL PLAT for the three-unit Los Miradores Condominiums, located at 13450 Mountainside Drive, aka Plat 601A, Block 1, Lot 1, Case Number S2001-10. *4.) Consideration of a PRELIMINARY AND FINAL PLAT for the two-unit The Desert Flower Condominiums, located at 14448 N. Saguaro Boulevard, aka Plat 104, Block 14, Lot 16, Case Number S2001-14. *5.) Consideration of RESOLUTION 2001-22 abandoning whatever right, title, or interest the Town has in law certain public utility and drainage easement located along the easterly property line of Plat 428, Block 2, Lot 68, (15009 Tamarack Lane) as recorded in Book 155 of Maps, Page 19 records of Maricopa County, Arizona(Fern Dillie)EA01-06. *6.) Consideration of RESOLUTION 2001-23 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easement located along the northerly property line of Plat 602-A,Block 1, Lot 42, (15466 E. Cavern Drive) as recorded in Book 161 of Maps, Page 42 records of Maricopa County,Arizona Jim&Carolyn Wendelken EA01-07. *7.) Consideration of RESOLUTION 2001-24 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easement located along the westerly property line of Lot 24 and the ten (10) foot public utility and drainage easement located on the easterly property lines of Plat 505-D, Block 2, Lot 24, (16805 N. Aspen Drive) as recorded in Book 158 of Maps, Page 41 records of Maricopa County,Arizona(James &Paula Hughes)EA01-08. *8.) Consideration of RESOLUTION 2001-25 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easement located along the southeasterly and northeasterly property lines of Plat 505-C,Block 2,Lot 17, (16413 N. Dixie Mine Trail)as recorded in Book 158 of Maps, Page 42 records of Maricopa County, Arizona(Patrick&Bonnie McGarvey)EA01-09. *9.) Consideration of the EXTENSION OF PREMISE APPLICATION submitted by Kenneth Bowman for the American Legion located at 16850 East Avenue of the Fountains. The Legion is requesting to temporarily extend the Legion's Club liquor license on Saturday,May 26. 10.) PRESENTATION of the Mayor's Youth Council "Year in Review" report. Town of Fountain Hills Page 2 of 3 Last printed 05/17/01 3:19 PM Town Council Meeting Agenda Regular Session May 17,2001 11.) Consideration with possible action to APPROVE OR DISAPPROVE A SETTLEMENT AGREEMENT to resolve all pending lawsuits with MCO Properties concerning the Fountain Hills McDowell Mountain Preserve, the proposed Eagle Ridge North and Eagle's Nest subdivisions, and all issues relating to the validity and content of the Town's Subdivision Ordinance. 12.) Consideration of AWARDING THE BID for the phase two site package improvements for the new community center including parking lots, sidewalks, and landscaping. Bids are scheduled to be opened on Wednesday,May 16. 13.) PUBLIC HEARING to receive public testimony on a request for a Special Use Permit for a guest house as part of the main structure at 16947 Last Trail Drive, Case Number SU2001-06. 14.) Consideration of a SPECIAL USE PERMIT for a guesthouse as part of the main structure at 16947 Last Trail Drive, Case Number SU2001-06. 15.) Consideration of a DEVELOPMENT AGREEMENT to allow a replat of lots 68 and 69 in Final Plat 414,Case Number S2000-041. 16.) Consideration of a PRELIMINARY PLAT for Firerock Industrial Park, a replat of lots 68 and 69 in Final Plat 414, Case Number S2000-041. 17.) Consideration of RESOLUTION 2001-26 amending Resolutions 1999-24, 2000-30 and 2000-53 by extending the compliance date for an intergovernmental agreement with the City of Scottsdale; and declaring an emergency. 18.) Consideration of ORDINANCE 01-09 amending the Town Code, Chapter 8, Business Regulations by adding Article 8-3 Special Events consisting of Sections 8-3-1 through 8-3-8. r 19.) REPORT from the adhoc Sky Harbor/FAA Committee given by Councilmember Sharon Hutcheson, Rick Melendez,and Robert Sternfels with possible direction to draft and endorse the plan as suggested by Senator John McCain. 20.) 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. 21.) ADJOURNMENT. DATED this 16th day of May,2001 CitildA_Lct 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. Town of Fountain Hills Page 3 of 3 Last printed 05/17/01 3:19 PM Marshals Department L Memo To: Cassie Hansen, Administration Director From: Steve Gendler, Public Safety Director Date: 6/12/2001 Re: Special Event request—Outdoor mass The purpose of this memorandum is to endorse the attached special event request submitted by Lee Robinson on behalf of the Church of the Ascension. They are holding a 25th anniversary celebration involving an outdoor mass by the Bishop followed by a church picnic on Sunday, November 18th. The request is being submitted at this time to facilitate planning and scheduling needs. In two meetings with Lee Robinson on this request, we have gone over the anticipated attendance, parking provisions, and pedestrian safety concerns. A plan has been worked out limiting street closures to 3-hours which accommodates arrival (iiiw of participants and the service itself. We will then open the roads and employ modified traffic control involving stationary patrol cars to slow traffic for pedestrians sporadically leaving the picnic over the remaining 3 hours. Due to the nature this plan, the request would not constitute a "major event" under the new special event policy. If approved by the Council, the Public Safety plan for this event would have the following provisions: 1. Closure of Saguaro between El Lago and Parkview from 10am to 1 pm. This would accommodate the anticipated arrival of approximately 1200 people between 10-11 am as well as ensure no traffic noise for the mass from 11- 12:30pm 2. Opening of Saguaro at 1 pm and stationing patrol cars, with warning lights engaged, on Saguaro Northbound near Avenue of the Fountains and Southbound near Parkview to slow traffic and protect pedestrians leaving the picnic between 1-4pm. 3. No parking would be allowed on Saguaro itself and participant parking would be on Avenue of the Fountains, Parkview, and the paved lots west of Saguaro. This is a one-time special event rather than an annually scheduled event. It is being held on a Sunday which will have a minimal effect on local businesses. The road closure has been minimized and we obviously do not anticipate any crowd control problems that would place an undue burden on law enforcement resources. Therefore, I recommend approval by the Council. w��TAIN l o NOTICE OF SPECIAL AND EXECUTIVE SESSION � o a � OF THE 0 awr• 'S- atisAn''" FOUNTAIN HILLS TOWN COUNCIL Mayor Morgan Councilman McNeill Councilwoman Hutcheson Vice Mayor Wyman Councilman Kavanagh Councilwoman Fraverd Councilwoman Ralphe WHEN: SATURDAY, MAY 12, 2001 TIME: 9:00 A.M. WHERE: TOWN HALL BUILDING A 16836 E. Palisades Blvd. (boy • 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 settlement discussions conducted in order to avoid or resolve litigation. Town of Fountain Hills v.MCO Properties. 2.) ADJOURNMENT. DATED this 7th day of May,2001. By: 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. 4� N1 NOTICE OF REGULAR AND EXECUTIVE ow to SESSION OF THE le. �4o FOUNTAIN HILLS TOWN COUNCIL -14#fat is An'' Mayor Morgan Councilman McNeil Councilwoman Hutcheson Vice Mayor Wyman Councilman Kavanagh Councilwoman Fraverd Councilwoman Ralphe WHEN: THURSDAY, MAY 17, 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 (60, 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). 2.) RETURN TO REGULAR SESSION Town Council Meeting Agenda Regular Session May 17,2001 • CALL TO ORDER—Mayor Morgan • PLEDGE TO THE FLAG • INVOCATION—Councilwoman Sharon Hutcheson • ROLL CALL • INTRODUCTION of Maricopa County Sheriff Joe Arpaio 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 May 3, 2001. *2.) Consideration of a PRELIMINARY AND FINAL PLAT for the two-unit Lost Arrow Estates, located at 16529 E.Lost Arrow Drive, aka Plat 206,Block 3,Lot 12, Case Number S2001-11. *3.) Consideration of a PRELIMINARY AND FINAL PLAT for the three-unit Los Miradores Condominiums, located at 13450 Mountainside Drive, aka Plat 601A, Block 1, Lot 1, Case Number S2001-10. *4.) Consideration of a PRELIMINARY AND FINAL PLAT for the two-unit The Desert Flower Condominiums, located at 14448 N. Saguaro Boulevard, aka Plat 104, Block 14, Lot 16, Case Number S2001-14. ktry *5.) Consideration of RESOLUTION 2001-22 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easement located along the easterly property line of Plat 428, Block 2, Lot 68, (15009 Tamarack Lane) as recorded in Book 155 of Maps, Page 19 records of Maricopa County, Arizona(Fern Dillie)EA01-06. *6.) Consideration of RESOLUTION 2001-23 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easement located along the northerly property line of Plat 602-A, Block 1, Lot 42, (15466 E. Cavern Drive) as recorded in Book 161 of Maps, Page 42 records of Maricopa County,Arizona Jim&Carolyn Wendelken EA01-07. *7.) Consideration of RESOLUTION 2001-24 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easement located along the westerly property line of Lot 24 and the ten (10) foot public utility and drainage easement located on the easterly property lines of Plat 505-D, Block 2, Lot 24, (16805 N. Aspen Drive) as recorded in Book 158 of Maps, Page 41 records of Maricopa County,Arizona(James &Paula Hughes)EA01-08. *8.) Consideration of RESOLUTION 2001-25 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easement located along the southeasterly and northeasterly property lines of Plat 505-C,Block 2,Lot 17, (16413 N. Dixie Mine Trail) as recorded in Book 158 of Maps, Page 42 records of Maricopa County,Arizona(Patrick&Bonnie McGarvey)EA01-09. *9.) Consideration of the EXTENSION OF PREMISE APPLICATION submitted by Kenneth Bowman for the American Legion located at 16850 East Avenue of the Fountains. The Legion is requesting to temporarily extend the Legion's Club liquor license on Saturday,May 26. 10.) PRESENTATION of the Mayor's Youth Council "Year in Review" report. Town of Fountain Hills Page 2 of 3 Last printed 05/17/01 3:19 PM Town Council Meeting Agenda Regular Session May 17,2001 11.) Consideration with possible action to APPROVE OR DISAPPROVE A SETTLEMENT AGREEMENT to resolve all pending lawsuits with MCO Properties concerning the Fountain Hills McDowell Mountain Preserve, the proposed Eagle Ridge North and Eagle's Nest subdivisions, and all issues relating to the validity and content of the Town's Subdivision Ordinance. 12.) Consideration of AWARDING THE BID for the phase two site package improvements for the new community center including parking lots, sidewalks, and landscaping. Bids are scheduled to be opened on Wednesday,May 16. 13.) PUBLIC HEARING to receive public testimony on a request for a Special Use Permit for a guest house as part of the main structure at 16947 Last Trail Drive, Case Number SU2001-06. 14.) Consideration of a SPECIAL USE PERMIT for a guesthouse as part of the main structure at 16947 Last Trail Drive,Case Number SU2001-06. 15.) Consideration of a DEVELOPMENT AGREEMENT to allow a replat of lots 68 and 69 in Final Plat 414,Case Number S2000-041. 16.) Consideration of a PRELIMINARY PLAT for Firerock Industrial Park, a replat of lots 68 and 69 in Final Plat 414,Case Number S2000-041. 17.) Consideration of RESOLUTION 2001-26 amending Resolutions 1999-24, 2000-30 and 2000-53 by extending the compliance date for an intergovernmental agreement with the City of Scottsdale; and declaring an emergency. 18.) Consideration of ORDINANCE 01-09 amending the Town Code, Chapter 8, Business Regulations by adding Article 8-3 Special Events consisting of Sections 8-3-1 through 8-3-8. L19.) REPORT from the adhoc Sky Harbor/FAA Committee given by Councilmember Sharon Hutcheson, Rick Melendez, and Robert Sternfels with possible direction to draft and endorse the plan as suggested by Senator John McCain. 20.) 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. 21.) ADJOURNMENT. CtAzAt., DATED this 16th day of May,2001 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. (kry Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office. Town of Fountain Hills Page 3 of 3 Last printed 05/17/01 3:19 PM MEMORANDUM • + •• YORM TO. THE HONO BLE ORGAN AND TOWN COUNCIL i FROM: PAUL L. r I 2 WN MANAGER DATE: MAY 11 20( RE: MANAGER'S REPORT FOR THE MAY 17TH 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. ***Please note that Sheriff Joe Arpaio will stop by to introduce himself as a new member of our community.*** CONSENT AGENDA: There are eight items on the consent agenda. Please review each item and contact me Lshould you determine if any should be removed. AGENDA ITEM#9 - MAYOR'S YOUTH COUNCIL UPDATE: Corey Hromek, from the Town's Parks and Recreation Department, will introduce the Mayor's Youth Council representatives who will provide us with an update on their activities. AGENDA ITEM# 10 - BID AWARD FOR COMMUNITY CENTER/LIBRARY/MUSEUM SITE PACKAGE: The bid opening for the Community Center and Library/Museum phase two site improvements is scheduled for Wednesday, May 16th. The architect will then evaluate the bids and make a recommendation to me, after which I will add or delete certain items depending on the bid amounts received. We will make every effort possible to provide you with the information prior to the Council meeting. Please see Cassie's enclosed memo. AGENDA ITEMS# 11 &# 12 - PUBLIC HEARING/SPECIAL USE PERMIT/ GUEST HOUSE: A public hearing is scheduled to receive input regarding a special use permit (limy application for a guest house, as part of the main residence, at 16947 Last Trail Drive. Town Manager's Report May 17,2001 Council Meeting Page 1 of 2 The six attending Planning and Zoning Commission members unanimously recommended approval, with stipulations. Please see Jesse's attached report. (lbw AGENDA ITEM# 13 &# 14 - DEVELOPMENT AGREEMENT/ PRELIMINARY PLAT/FIREROCK INDUSTRIAL PARK: Council will consider the Firerock Industrial Park development agreement and preliminary plat. This subdivision is located at the northwest corner of Technology Drive and Saguaro Blvd. The six attending members of the Planning and Zoning Commission unanimously recommended approval, also with stipulations. Jesse's report is attached for your reference. AGENDA ITEM# 15 - RESOLUTION 2001-26/EXTENSION OF DATE FOR THE LOS ARCOS MULTI-PURPOSE FACILITIES DISTRICT: Bill Farrell is recommending a ten-year extension of the Los Arcos Facilities District from June 1, 2001, to June 1, 2011, to finalize the issue until the time arises when the City of Scottsdale and/or the property owner find a project for which this District might be needed. Bill's memo is enclosed. AGENDA ITEM# 16 - ORDINANCE 01-09/SPECIAL EVENTS POLICY: This item is being brought back to you from a previous council agenda. Many meetings have been held to review and address the original concerns expressed by some Councilmembers. The attached report contains two versions of the current draft of the policy for your review. The ordinance can be adopted in its current form or P Y additional revisions for future consideration. Please refer to Cassie's memo. AGENDA ITEM# 17 - ADHOC FAA/SKY HARBOR AIR TRAFFIC COMMITTEE REPORT: Councilmember Sharon Hutcheson has reported to me some significant success in moving Senator McCain to our side relative to our FAA struggles. Bob Sternfels attended a meeting with Senator McCain and representatives of surrounding communities this week wherein this local committee was requested to formulate a plan. Enclosed is a copy of the letter that Bob Sternfels and the Mayor worked on for your information. A draft of the plan will be provided to you next week. It is recommended that the Council endorse this effort. L Town Manager's Report May 17,2001 Council Meeting Page 2 of 2 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Town Council THROUGH: Paul Nordin,Town Manager FROM: Jesse Drake, Senior Planner .JD DATE: May 11, 2001 SUBJECT: Consideration of the Preliminary Plat and Final Plat for"Lost Arrow Estates", a two-unit condominium project. This request for consideration of the Preliminary Plat and Final Plat for"Lost Arrow Estates",there are no off-site improvements or Improvement Plans needed for this plat. The plat is a request by Roger L. and Hannelore Thrall, which would condominiumize two units located at 16529 East Lost Arrow Drive, aka Lot 12, Block 3, Final Plat 206. Please refer to the attached Staff report for additional details regarding this request. TOWN OF FOUNTAIN HILLS PLANNING AND ZONING COMMISSION AND STAFF REPORT May 17, 2001 CASE NO: S2001-11 PROJECT MANAGER: Jesse Drake LOCATION: 16529 East Ashbrook Drive, aka Lot 12, Block 3, Final Plat 206. REQUEST: Consider the Preliminary Plat and Final Plat for "Lost Arrow Estates", a two unit condominium project. DESCRIPTION: OWNER: Roger L. and Hannelore Thrall APPLICANT: Roger L. and Hannelore Thrall EXISTING ZONING: R-2 EXISTING CONDITION: Existing two-unit complex LOT SIZE: 10,232 square feet (0.23) acres) SURROUNDING LAND USES AND ZONING: NORTH: Existing multi -family, zoned R-2 SOUTH: Existing single -family, zoned R-2 EAST: Existing single -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, Roger L. and Hannelore Thrall, 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 1,573 square feet, and a minimum livable area of 1,560 square feet. Each unit has a covered patio and a double car garage. The duplex unit was approved for a building permit number 86-7021 in 1986. RECOMMENDATION: Planning and Zoning Commission made a recommendation for approval of the L Preliminary Plat S2001-11; "Lost Arrow Estates" on May 10, 2001, with one stipulation, and staff recommends approval of S2001-11; Final Plat "Lost Arrow Estates" with the following stipulation: 1. The applicant shall apply for an encroachment permit, or easement abandonment, for the pool equipment and fences within the P.U.E./D.E. before final recordation. .0%.., r ,...- Z %fit ,, G .— = TOWN OF FOUNTAIN HILLS ltoZepi COMMUNITY DEVELOPMENT DEPARTMENT tlgDtIMINtt1M ! M Date Filed 3 7,....ef Fee Paid., I Accept di , 940 / I ( Condominium Name Li,r /9-eeetir"'.3 Condominium Address /4.5--d? E. Le'cr 6,e, oiv P/2&F dP;ovr,./4/ ibis Z �- Legal Description of Lot/Parcel Being Platted ) / Plat 1206 Block 3 Lot(s) Parcel Size Number of Units /0 ;3.7 Su N./ p, 0/3S 4 ,e'S a t Number of Tracts V Zoning nmg -.7 General Plan Land Use Designation AWL T/ — r"1-411 /4 Y. Density Requested(Dwelling Units Per Acre) tr•Sy �#i�t i lotore- it nplicant Da Phone ciaei /ele rg'i' 2 . ek ii,AivAirL Die e Th't4LL 13 ?' 333 Address City 4 ST I Zip / s—AP 9 e. 4's,' iAer1m/ Pic. 42 gavrifolv Xiti: 424 es.461` Owner Day Phone . ...T Awl S,,if ' Ids ñP / v.vr Address City ST Zip Attachments(Please list) Pe e 4•N Ply,*' .1 L Ar e)' pa-e4,40, el--- SC 544.rrr y Sig re of wn I HERBY AUTHORIZE (Please Print) Date �,-vrt.P,��,•-C4-1,rtni.i TO FILE THIS APPLICATION. 3- 47-0/ Subscribed and sworn before me this day of , 19 My Commission Expires Notary Public L (Seal) TFH Case Number Fee Schedule Attached 5 : cci - ii r. pie // -/OoeS ............. V Q hi! 1—Z at _._ >- �N 1i1, LL, I d i! 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X c� lel 1 I 1 11 A O C 1I I xi 4 A 14-1 B ):4 4‘,,,,,„„ __, t. d � �.. L\\,\\,, _ 4fà -jF !' I 1 �K)--- ,\1 k\ 1?-9 1 ?II TO ."I _4_, 24.0r , ‘ I 1 e.o,' Q ` �� '�i3o�----+� rota $i \ \ i-fi3e--'Irk- is J ` it 1a 13 1 a. u. 0 � 8�' ' i J,.00r 1 akkl I in i I m — J L _1 J _1 ..1W W W J 'Al iu us L i Z a a CC a a 0 z a TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Senior Planner DATE: May 11, 2001 SUBJECT: Preliminary & Final Plat for "Los Miradores Condominiums", a 3-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. This plat is a request by Mike Saindon, which would condominiumize three-units located at 13450 Mountainside Dr., nkn Lot 1, Block 1, Final Plat 601-A. Please refer to the attached Planning and Zoning Commission &Staff report for additional details regarding this request. (1.0, (bro TOWN OF FOUNTAIN HILLS PLANNING&ZONING COMMISSION AND STAFF REPORT MAY 17, 2001 CASE NO: S2001-10 LOCATION: 13450 Mountainside Dr., ryka Lot 1, Block 1, Final Plat 601-A. REQUEST: Consider the Preliminary and Final Plat for"Los Miradores Condominiums", a 3-unit condominium project. PROJECT MANAGER: Dana Burkhardt DESCRIPTION: OWNER: Mike Saindon APPLICANT: Mike Saindon EXISTING ZONING: "R-3" EXISTING CONDITION: Under construction LOT SIZE: 14,347.07 square feet SURROUNDING LAND USES AND ZONING: (lw NORTH: Town owned wash; "R-3" SOUTH: Vacant; zoned "R-3" EAST: Four Peaks Vistas Condos; zoned "R-4" WEST: Las Casas Bonitas Condos; zoned "R-3" SUMMARY: This request is for approval of the Preliminary and Final Plat"Los Miradores 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, Mike Saindon, has chosen to convert a three-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 2,077 square feet, a minimum livable area of 1,997 square feet and a covered patio. Each unit will have a two-car garage. The property is being built under building permit number 1997-0855, applied for on June 20, 1997 and received a permit to build on June 4, 1998. RECOMMENDATION: Staff recommends approval of S2001-10; Preliminary and Final Plat "Los Miradores (lbw Condominiums". I OoTAIN 4. t 4 l 'k r. TOWN OF FOUNTAIN HILLS t.1,4„ COMMUNITY DEVELOPMENT DEPARTMENT a" 4� 3NDOMINIUM PLAT APPLICATION Date Filed Fee Pai ,. >. 1).1 Accepted By , i .,..j 03 /z aqLL . - =. Condominiu Name X 0S /YIi/ZAbOke s Condominium Address / 3 ii Z) MVOICTA910 4'14S b l JE Legal Description of Lot/Parcel Being Platted Plat L o r % Block /L O C R I Lot(s) Parcel Size Number of Units / / 3h/'7, e7 3 Number of Tracts / Zonin 0 -3 General Plan Land Use Designation Density Requested (Dwelling Units Per Acre) 3 Applicant Day Phone low inhK4.— sop 7&0 --Cos---3 07 Address City ST Zip Owner Day Phone SA e Address City ST Zip Attachments (Please list) Signature of Owner I HERBY AUTHORIZE (Please Print) Date Ili0/e'`'`':-.4— TO FILE THIS APPLICATION. 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S —J ? 0 = I o N,• _J = CL --1 C- t ii C L `,0� - V I OS,Z g a J L ,,, . 7.4.-..: ..... -.:Z .., ® ,,, = 0 .8,....„ ,..,.., L.2., b 1 � 'o _____I .... it-i---,_ .L a. N Ci ryAA_ o0 3z ¢ LOo bZ y TOWN OF FOUNTAIN HILLS Nov MEMORANDUM TO: The Honorable Mayor and Town Council THROUGH: Paul Nordin,Town Manager FROM: Jesse Drake, Senior Planner J9 DATE: May 11, 2001 SUBJECT: Consideration of the Preliminary Plat and Final Plat for "The Desert Flower Condominiums", a two-unit condominium project. This request for consideration of the Preliminary Plat and Final Plat for "The Desert Flower Condominiums", there are no off-site improvements or Improvement Plans needed for this plat. The plat is a request by Jerry and Irene Cain, which would condominiumize two units located at 14448 North Saguaro Boulevard, aka Lot 16, Block 14, Final Plat 104. Please refer to the attached Staff report for additional details regarding this request. L TOWN OF FOUNTAIN HILLS PLANNING AND ZONING COMMISSION AND STAFF REPORT May 17, 2001 CASE NO: S2001-14 PROJECT MANAGER: Jesse Drake LOCATION: 14448 North Saguaro Boulevard, aka Lot 16, Block 14, Final Plat 104. REQUEST: Consider the Preliminary Plat and Final Plat for "The Desert Flower Condominiums", a two unit condominium project. DESCRIPTION: OWNER: Jerry and Irene Cain APPLICANT: Jerry and Irene Cain EXISTING ZONING: R-2 EXISTING CONDITION: Existing two-unit complex LOT SIZE: 10,400 square feet (0.24) acres) SURROUNDING LAND USES AND ZONING: NORTH: Existing multi-family, zoned "R-3" R.U.P.D. (111w SOUTH: Existing multi -family, zoned "R-2" EAST: Vacant land, zoned "R-2" WEST: Existing multi -family, zoned "R-2" SUMMARY: This request is for approval of the Preliminary Plat and Final Plat for "The Desert Flower 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, Jerry and Irene Cain, 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 1,107 square feet, and a minimum livable area of 1,101 square feet. Each unit has a covered patio plus one covered and one uncovered parking space. The duplex unit was approved for a building permit number 80-6897 in 1980. At the current time no encroachment permit exists for the encroachments into the P.U.E. at the rear of the property. RECOMMENDATION: Planning and Zoning Commission made a recommendation for approval of the Preliminary Plat S2001-14; "The Desert Flower Condominiums" on May 10, 2001, with one stipulation, and staff recommends approval of S2001-14; Final Plat "The Desert Flower Condominiums" with the following stipulation: 1. Before final recordation, the applicant shall apply for an encroachment permit for the equipment and fences within the P.U.E./D.E. L L f' , 4% (--. r i\ TOWN OF FOUNTAIN b �. f HILLS �. COMMUNITY DEVELOPMENT DEPARTMENT .o- ' ' ' „...: i-,.-.07600toitimpottiontreobK. ,„ .,.., . ..„- -... . . :,-t Date FiledFee Pai ftpei ` 3 �� � � ,� Accepted By I Yee , A Condominium Name 7116 deseer Condominium A dress 2 ego's/bow/Ai/aims iVY t A. S44a4go 0 cVP. fiii,•07-0/MiLegal Descri tion of �L�s 'Z p Lot/Parcel Being Platted / J Plat ! e v Block /y Lot(s)Size �� Number of Units . �. 0. .23, a c,c .2 /&) Number of Tr %T ' St a �DN� Zoning General Plan Land Use Designation 2 _ Mat 71 —'Wm/A- Y' ,tit's/./)k-Ai)-/t, e_ Density Requested(Dwelling Units Per Acre) X 3 7 /geed Applicant Day Phone (i J %ow 7 fry 4- �. tas Address � L�. n �*1 /y'' 0s City ST Zip /3,23S eiiides Ahoee Owner 61‘411;o 4011 mi "XIII Day Phone Address ly City ST I Zip Attachments(Please list) �r ,A A I _AK A e,„1, V' Slit. y Signature of Owner I HERBY AUTHORIZE (Please Print) Date f� 'C/-Cam!/,4 (lee-i..n,...i TO FILE THIS APPLICATION. Subscribed and sworn before me this day of , 19 My Commission Expires Notary Public thw (Seal) TFH Case Number Fee Schedule Attached S' Oc.) 1 / LI MI >- . 9:2. 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'th V WM m k k = .4 I. i i g4 f _ i (1111, /`` , A / '' P ei ♦ ' ` /'' 4. il i ` • / , /' k• >'�// `♦ / • �44 3a/ 0,' i / < •♦ A / \ , vv N. i , ', Cr A X • ;v<, a �'4' � _'vk a yd ,...•• '4 // /' 44 / / G / Ir y if � R 1 R s 4 e Chron 113 (11W �O a � Town of FOUNTAIN HILLS .n nun I - o Engineering Department 4 �190 that is fP' MEMORANDUM TO: Honorable Mayer and Town Council FROM: Art C n elaria, G'vil Enginee p REVIEWED: Randy H r I, •r Engineer /J THROUGH: Paul L. • •, To n Manager �'a DATE: May 8, 2 1 RE: Easement Abandonment 01-06; Resolution 2001-22 15009 Tamarack Lane Plat 428, Block 2, Lot 68 Fern Dillie (iw This item on the Town Council's agenda is a proposal to abandon the ten (10)foot public utility and drainage easements located at the easterly property line of Lot 68, Block 2, Plat 428, (15009 Tamarack Lane) as shown in Exhibit "A". The property owner of Lot 68 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 68 is required to pass the developed flows generated by the upstream lots across her property. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. Staff recommends adoption of Resolution 2001-22. jb att. Cc: Fern Dillie J. Gresko-Reinhard Kris&Lucie Guidot Mike &Sonnie Saperstien (to EA01-06;Plat 428,Blk 2,Lot 68(15009 Tamarack Lane)Dillie 16836 East Palisades Boulevard,Building C—P.O.Box 17958—Fountain Hills,Arizona 85269—(480)837-2003—FAX: (480)837-1404 When recorded, return to: Engineering Department Town of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 2001-22 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 EASTERLY LOT LINE OF LOT 68, BLOCK 2, OF PLAT 428, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 155 OF MAPS, PAGE 19, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real properly located in the Town of Fountain Hills, may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, The Town Council of the Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and . ,..:-WHEREAS, All present utility companies have received notification of the proposed abandonment; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That the certain ten (10) foot public utility and drainage easements, located along the easterly property lot line of Plat 428, Block 2, Lot 68, Fountain Hills, Arizona; as shown in Exhibit "A"; as recorded in book 155 of maps, page 19 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 68 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 2001-22 Page 1 of 2 ip PASSED AND ADOPTED this 17th day of May 2001. ATTEST: FOR E T N OF FOU T IN HILLS cet4.6 -&,e Cassie B. Hansen, Town Clerk Sharon Morgan, Mayo REVI BY: APPROVED AS TO FORM: p . No ' , Town Manager William E. Farrell, Town orney C „r Resolution 2001-24 Page 2 of 2 Chron 114 Town of FOUNTAIN HILLS ao'—'4.4v„ = c • Engineering Department �that is Ate''" MEMORANDUM TO: Honorable Mayor and Town Council FROM: Art Candelaria, Civil Engineer REVIEWED: Randy rrel, T•, n Engineer - fr\ THROUGH: Paul L. • • •.wn Manager DATE: May 8, 2 0 RE: Easement Abandonment 01-09; Resolution 2001-25 16413 N. Dixie Mine Trail Plat 505-C, Block 2, Lot 17 Patrick and Bonnie McGarvey 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 southeasterly and northeasterly properly lines of Lot 17, Block 2, Plat 505-C, (16413 N. Dixie Mine Trail) 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 southerly 20' of the southeasterly 10' public utility and drainage easements will be retained for existing and potential future utility boxes. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot-to- lot drainage runoff. The property owners of Lot 17 are required to pass the developed flows generated by the upstream lots across their property. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. Staff recommends adoption of Resolution 2001-25. jb att. cc: Patrick&Bonnie McGarvey M/M Carlson M/M Trudeau M/M Borowski M/M Mahoney EA01-09;Plat 505-C,Blk 2,Lot 17(16413 N.Dixie Mine Trail)McGarvey 16836 East Palisades Boulevard,Building C—P.O.Box 17958—Fountain Hills,Arizona 85269—(480)837-2003—FAX: (480)837-1404 Ir'terofficeMemo To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATIO Date: 05/16/01 Re: NEW AGENDA ITEM #9—AMERICAN LEGION EXTENSION OF PREMISE AGENDA ITEM #9—AMERICAN LEGION EXTENSION OF PREMISE PERMIT APPLICATION The only change to the agenda this week is the addition of a request for an extension of premise permit. On Mo d1 Y ion submitted an extension of premise/patio permit application for their estabbtirtot Avenue of the Fountains. The Legion desires to temporarily extend their li •;qv to -accommodate, ned activities on Saturday, May 26. The extension will include the and 0d 1 ed,area dj to the north side of the building. Security will be posted at the and south entrances/exit;, ' sure that alcohol stays within the permitted premise. The area Alined it the request is consist n:..with previous events. Staff recommends approval. 47 Oar SPECIALMEVENT POLICY -71 A ew min r changes to the�draf. pol cy were suggested by a member of the review committee. They appear onthea tached copyeo a document and are denoted by bold text within brackets. {text} The firstfirst'rfibdirv,tiporiappeart on page 5, item 8. A period was added after "sales tax numbers" in the second sentence ""and the verbiage "any changes or additions" was inserted before "shall be submitted ". The second change appears on page 7, section C. The word "local" was added at the beginning of the bold, underlined text beginning with "charitable nonprofit organizations....". In the next sentence, "outside"was removed and "traffic engineering"was added. I apologize for giving you a whole new copy of the document but the few modifications were just enough to change the text on subsequent pages. (iv Page 1 of 1 May 17,2001 Agenda Items Last printed 05/16/01 1:13 PM 05/16/01 May 11, 2001 (be MemoIntern ce To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATION 0}04411 Date: 05/11/01 Re: AGENDA ITEM #10—AWARDING BID FOR COMMUNITY CENTER SITE IMPROVEMENTS AGENDA ITEM #10— BID AWARD FOR COMMUNITY CENTER SITE IMPROVEMENTS The phase two site package improvements for the Community Center and Library/Museum went out to bid on May 1. The package includes the parking lots, lights, sidewalks, landscaping, signs• - nates such as covered parking for employees. Also included are the bri .,II •.�,Poi � to the donor bricks being sold by the Community Center fundraising • -,461r. ' -ti �t . -Id Thursday, May 10 at the site to clarify any questions posed by e � nfarts� ors will be opened on Wednesday, May 16. The architect will a ate��ie bi� °and °eke a ;� endation to the manager who will have the flexibility to add ea ;delete certai ms depre the bid amounts. The manager will be prepared to make a m e m ndatio ickithe Coup& o x ursday night. Staff will attempt to provide you with the 9 rho -e Pq• ty = yF w f x xsuwSt ,44;1.;i l� ,4147 IA Page 1 of 1 Agenda Items 5/17/01 Last printed 05/11/01 12:42 PM 05/11/01 Sent By: HOFMANN-DIETZ; 602 539 8608; 17 May 01 2:06PM;Job 729;Page 2/3 IIIUIIHI!'LP 1 4!1Id!I May 16, 2001 ill —1 AI— TOWN(W FOUNTAIN H ii,i.s 16836 E. Palisades Boulevard Hufmu"n-L R't`A.nthlter..ts,Ltd. Fountain Hills, Arizona 85268 Mon Pirrs ,. A'1~1'N: Tom Ward M,,,r„s,,!, Interim Town Engineer N.Gil('r,1 load Slate C-VO '.I1bc:3t, 6''ti234 'Z% PROJECT: Stilt LMl'i 0VEMENTS FOR NI?w TOWN CENTER COMPLEX office: 48U) MO(1 Town of Fountain Hills I x' WWsv)5,39410/1 Architect's Project No. 9 720.1R 1'. Mdi1:Ihd,1\.1,1 t-arci1!I(.0::,1nN I'rmcipat; SUBJECT: ARCHITECT'S Ri:C:OMMENDATION jack nob Dirt: Cheri A.AIL.t'(!,te !)ear Tom: senior AiNoeiate$ ford P.Aur1.t'rs m,A.I.A. Attached is the tabulation of all bids received and opened by the Town of tyre Kr.!r&('r Fountain Hills for the referenced project cm Wednesday, May 16, 2001 at (60; A40:.,,,r trite.in 2:00 P.M. Associates Mice ,.,,r► We recommend the acceptance of the Base Proposal plus Alternates 1, 2 & 3 submitted by Valley Rain Construction Corporation in the total amount of One Million Seven Hundred Ninety Seven Thousand Dollars (S1,797,000.00), which represents the lowest Bid received on this combination of Base Bid and Alternates 1, 2 & 3: Base Rid $1,598,000 Alternate No. 1 79,000 Alternate No. 2 95,0(X) Alternate No. 3 -_-25�000 Total $1,797,000 Respectfully, HOFMANN-DIETZ ARCHITECTS, LTD. Rob Dietz RD/cm Attachment: Bid Tabulaiiou Font) Sent By: HOFMANN-DIETZ; 602 539 8608; 17 May 01 2:07PM;Job 729;Page 3/3 i non , , : , � .easkw trkoki �" " V tIli• p1 A A A C] A L A a rii=1"'"' it tZi 4 CD CA W1 04 C� o' x vs C �� o��' c O � e tg L R Z ''A 'Z 7. 7, Z Z g •c w IiIIIII i ° " A , c, 41. ., ''' g ci § § 0tz iO r' 1 1 64 % t iR Vo u 1 o 0 1r O i. V y Q z-4A a Pid A § H ; $ g G qt 0 p N (L.,, cm z L 0 -'''to Fri g El* 8W Q W a ( C pp ..0 oo N �4 d &' 00 C' O 14 F� aa . W W r ..t ._i r-+ r3 (A CA fft bA IA X col z 8 X X X .S ;;1 d o1 g PXX �cX N ' fa.e = s; cz, E 5 x x x 1 / E 0o G ,y V i 0 Wu 0 r4b 0 0 C (,.., 8 -4: 4>31 U V ta W v± z A L C) 2 W . A m u O U 7 7. 7 L •• � - O z U - 9 Z u' 4 2 2 2 o 1:4a -3 U ►o < u - - u ' t e F. E W Co" .� i)- 4, < -4 4, a w � O Z 1-� R 4. TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Town Council THROUGH: Paul Nordin,Town Manager FROM: Jesse Drape, Senior PlannerJp DATE: May 11, 2001 SUBJECT: Consideration of the Special Use Permit for" Sklar Guest House". This request is for approval of a Special Use Permit which would allow Ms. Janice Sklar to include a guest house as a part of the main residence at 16947 Last Trail Drive. Please refer to the attached Staff report for additional details regarding this request. L (160, TOWN OF FOUNTAIN HILLS PLANNING AND ZONING COMMISSION AND STAFF REPORT May 17, 2001 CASE NO: SU2001-06 PROJECT MANAGER: Jesse Drake LOCATION: 16947 Last Trail Drive, ada Final Plat 412B, Block 5, Lot 14. REQUEST: Consideration of a Special Use Permit, which would allow a guest house as a part of the main residence. DESCRIPTION: APPLICANT: Janice Sklar OWNER: Janice Sklar EXISTING ZONING: "R1-43" EXISTING CONDITION: Vacant land SURROUNDING LAND USES AND ZONING: NORTH: Existing single family residence, zoned "R1-43". (kw SOUTH: Salt River Pima-Maricopa Indian Reservation. EAST: Existing single family residence, zoned "R1-43". WEST: Vacant land, zoned "R1-43". SUMMARY: This request is for approval of a Special Use Permit, which would allow Janice Sklar to include a guest house as a part of the main single-family residence on a 76,360 square foot lot. EVALUATION: The R1-43 Single-Family Residential District allows for very low-density single family land uses. As such, the Town of Fountain Hills Zoning Ordinance identifies permitted uses in the R1-43 zoning district as one (1) single-family dwelling per lot, churches, schools, parks, playgrounds and other community facilities. A Dwelling Unit is described in the Town of Fountain Hills Zoning Ordinance as "A building or portion thereof having restricted access to one kitchen or area convertible to kitchen activities..." A Guest House is described as "Living or sleeping quarter within an accessory building for the sole use of occupants of the premises, guests of such occupants (16 or persons employed on the premises. The accessory building may be attached to or detached from the main building. Such quarters shall not be rented, and/or otherwise used for income producing purposes." A Building, Accessory is described as "A building or structure that does not share a livable, enclosed connection to the main building, and that is subordinate to, and the use of which is customarily incidental to, that of the main building, structure, or use on the same lot or parcel." A portion of the site plan, as submitted to the Town of Fountain Hills for a building permit, contains a part of the structure that is connected to the main house but has no internal livable connection to the main residence. Access to this portion of the structure is solely from an exterior doorway off the front courtyard area. In addition to the separate entry, this portion of the structure contains a bedroom, closet, bathroom and a portion of the room with a countertop, above-counter storage and an under-counter refrigerator. The combination of separate entry, in conjunction with the area that is convertible to kitchen facilities, identifies this portion of the structure as a guest house, and the inclusion of a guest house to the plan has triggered the requirement for the Special Use Permit. In addition, directly below the above referenced room, the plans for the single- family residence also include a lower level single-car garage which connects to a 550 square foot unfinished room, separate full bathroom and bedroom. This ,,,,,� lower level portion of the proposed structure can be locked and separated from the main part of the house at the stairwell. The area in this lower level garage/living area is also convertible to kitchen facilities and therefore would also be considered a guest house. In the Town of Fountain Hills Zoning Ordinance, Section 10.02.C: Guest Houses are permitted by Special Use Permit in any Single-Family Zoning District if all of the following conditions exist: 1. Structure must conform to at least minimum setback requirements. (Plan conforms.) 2. Must be located behind the front line of the primary structure. 3. (Plan conforms.) 3. May not exceed thirty (30) percent of the square footage of the livable area of the primary structure. (Plan conforms.) 4. Shall be single story. (Each identified guest house is a single story unit.) 5. Must be connected to primary structure's utilities. (Plan conforms.) 6. The lot or parcel must be at least 70,000 square feet in size. (Plan conforms.) 7. May not be used for any commercial or non-residential uses. (Plan conforms.) Due to excessive slope gradient on the proposed driveway, and minor planning department issues, a buildingpermit would be issued only if the submitted plans P were modified. These revisions can be accommodated through the building permit process. RECOMMENDATION: The Planning and Zoning Commission recommended approval of SU 2001-06, "Sklar Guest House" with stipulations, and staff recommends approval of SU 2001-06, "Sklar Guest House" for the upper-level guest house as proposed by the applicant, with the following stipulations: 1. The lower level of the house may not be used as either a guest house or as separate living quarters. 2. Prior to building permit issuance, the lower level floor plan must be modified so that all proposed plumbing fixtures are located on exterior walls. 3. Any building or site design standards required by the Town of Fountain Hills, or any other governing body, be addressed and accommodated through the building permit process before any Certificate of Occupancy is issued. (lbw ovrBi _ , t ` TOWN OF FOUNTAIN HILLS �, COMMUNITY DEVELOPMENT DEPARTMENT . .._ - -- S FCIA[ JSE-PERMI RPLIC :Vi _. Date Filed Fee Paid —?c)C.°E Accepted By Type of Special Uses Requested i�� F- - 6:LteS+ 1--1-cuSe_ Address of Subject Property Zoning J L 914 7 f--0.4-1L. 7, —e a, Legal Description: Plat ` Block Lot(s) Applicant Day Phone "itteet- Addr ss t ' 1/b- � 97/ f/og9 N 4-...e, Cityr! /-it • Si,, Zi Owner `'' , �5.�6 , v D�y Phone r 1C, -- j.--C.e-..-A..-A,_ ___.__ 7 I/ Address City ST ' Zip Signature of Owner ' I HERBY AUTHORIZE(Please Print) Date 91001.(tit /e,h//dA TO FILE THIS APPLICATION. Subscribe and sworn before me this 1 — day of a� l ., a , is- My Commission- . ,.,:-_.` -,�� _. '1,�0 p Notary P blic r OFFICIAL SEAL i; !(IMBERLY N.MCNEAL 1 t-t) ' NOTARYPUBLIC•ARIZONA f .'' MARICOPA COUNTY r My CT .J i fires July 30,2002 Please Provide the Following (attach additional sheets): Mailing labels with names and addresses of all property owners within 300 feet of the external oundaries of the subject property. 2. 3 full size prints (preferably 24"X36") of the site plan showing minimum zoning requirements and the proposed development if the Special Use Permit is granted, as well as the exterior elevations. 3. 1 8.5" X 11" photostatic reduction of each of the above referenced exhibits. 4. Describe the proposed use, the operations of the use, and the facilities proposed for the land use. 5. A narrative describing any adverse impact the proposed land use may have on the surrounding pr oerties and on the nei.hborhood and what ste•s will be taken to avoid these adverse im.acts. TFH Case Number Fee Schedule Attached 0 J �eri 4.' E. Z O 0 1- 17 IS CV ►i w 4; Z CC) CI i Ly .r, /,,, ou_ c. iffi , ... .1:3 r li Iplir,.%.0% ...• t� P p r C.1 4, I Q (/ �, A��°°r (caw° V pia. °�c�0. � ,, 4 Alk ` �Sc) '� a '. NQ~ b ti Nv, kelliii m- - `A4 2 to° s» ` tea ' �,•oa Aef, 7 ‘,.. .. IP 4%1 Ad Cr41 4ii plAksk f.A4r- 1 )P= e, w 11- it. vi.A ' ,1111. 111..rit, zt CL. 7._ 4•1 bk e ••41:tlit) .. 01 qt., W0 •:•.•:•///4, CI) ....I imp Ng . 7::::::.:i::' 77/ 4 tir;ii/ , , r i ., 1:,t , D . il I -:':;:-::i::"..n,.1.,.! - - ,, II- s Q �11�i1� U V Iv, 40,.„.„,.„.... .o 'e w UP11 85 !1 %o '��� �� r :: i m v . , 4.44,:wiemmi..... . . ,, ,4 Nil V.11110111111MpAir1111.0.1 • . i CP o N .„.„,,,,„„„_.. ._ .... ,,..._ . , ,,: al on WI 4741Zr 1 klabi.'iT rifill T 14".- ---. < 0, ,!‘ . 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L L L L L L L L L L L L L L L L L L L L L L (kw WHEN RECORDED, RETURN TO: Town of Fountain Hills 16838 East Palisades Boulevard Fountain Hills, Arizona 85268 FIREROCK INDUSTRIAL PARK ALTERNATIVE HILLSIDE PRESERVATION AGREEMENT THIS FIREROCK INDUSTRIAL PARK ALTERNATIVE HILLSIDE PRESERVATION AGREEMENT (this "Agreement") is entered into this day of 2001, by and between TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation (the "Town") and MCO PROPERTIES L.P. d/b/a MCO Properties Limited Partnership, a Delaware limited partnership doing business in the State of Arizona(the "Developer"). RECITALS: 1. The Developer is the owner of certain real Property located within the Town of Fountain Hills, Arizona consisting of approximately 5.39 acres, described as Lots 68 and 69 of Plat 414 in Fountain Hills, legally described on Exhibit "A" hereto and commonly known as the Firerock Industrial Park(the "Property" or the "Project"). (so 2. The Town, through its subdivision ordinance regulations, is requiring Developer to maintain a portion of the Property as natural open space in order to preserve a portion of the hillside slopes on the Property (collectively, the "Preservation Requirement"). 3. The Developer and the Town are entering into this Agreement pursuant to the provisions of Arizona Revised Statutes §9-500.05 in order to facilitate the development of the Property by providing for an alternative means for Developer to satisfy the Preservation Requirement of Section 504 of the subdivision ordinance of the Town of Fountain Hills and to provide for a dedication of a portion of the Property ("Tract A") from the Developer to the Town to ensure compliance with the Preservation Requirement through the Alternative Preservation Plan, as more particularly identified and described on the Slope Analysis, dated February 12, 2001 and revised March 29, 2001, prepared by Hansen Thorp Pellinen Olson Inc. and the document entitled "Proposed Alternative Hillside Preservation Requirement for Firerock Industrial Park, HTPO File A00-155", both attached as Exhibit "B" hereto (collectively, the "Alternative Preservation Plan"). 4. The Developer acknowledges that the Alternative Preservation Plan will benefit the Developer by allowing for the dedication of a contiguous parcel of land to satisfy the Preservation Requirement instead of requiring Developer to reserve multiple smaller areas throughout the Property, a requirement that would delay the development (kiw process. 1525305-2 -1- 5. The Town acknowle dges that the Alternative Preservation Plan will benefit the Town because the Alternative Preservation Plan will reserve a larger area of open space, approximately .81 acres of preservation land instead of the approximately .54 acres that is required by the Preservation Requirement, providing a buffer between the multi-family zoned developments to the southeast of the Firerock Industrial Park across Saguaro Boulevard and the future industrial development on the Property. Further, the Town will allow the dedication to the Town of"Tract A", as described in the Alternative Preservation Plan. Now, in consideration of the foregoing and the mutual promises and agreements set forth herein, the parties agree as follows: AGREEMENT: 1. DEVELOPMENT PLANS. 1.1 Plan of Development. The Documents referred to in Recital 3, the various exhibits attached to this Agreement and this Agreement collectively constitute a "Plan of Development" for the Property. It is the intent of the parties that the Preservation Requirement will be satisfied in accordance with the Plan of Development and as further clarified herein. To the extent there is conflict between the various documents making up the Plan of Development and the various ordinances and development guidelines of the Town of Fountain Hills, such development standards as are required to develop the Property in general accordance with the Plan of Development shall be applied and shall govern and control. 1.2 General Plan. The Town and Developer agree and acknowledge that the Plan of Development is consistent with the adopted general plan of the Town of Fountain Hills as it exists on , 2001. Developer and Town agree that at any point in the future and during the term of this Agreement that the Developer may seek an amendment to the Plan of Development, but that any amendment to the Plan of Development must also be consistent with and in basic harmony with the then adopted General Plan of the Town and adopted Town ordinances. 1.3 Minor Amendments. The Plan of Development presently describes the acreage and location of the alternative hillside preservation area. So long as such acreage and location is not altered, the Developer may apply to the Town Council for minor changes to the Plan of Development affecting part or parts of the Property. The Town Council shall consider such applications as administrative amendments to this Agreement. 1.4 Regulation of Development. The Town and Developer thip, agree and acknowledge that the ordinances, rules, regulations and policies of the 1525305-2 -2- Town applicable to and governing the development of this Property shall be those ordinances, rules, regulations and officially adopted polic ies (with current interpretation and practices) which are in existence and in force for the Town as of the date of approval of the plans and permits required for the development of the Property, for which Town ordinances, rules, regulations and policies need to be applied. 2. OBLIGATIONS OF DEVELOPER. 2.1 Developer's Construction. Developer shall construct, at its sole cost and expense, a three (3) foot high wall along the border between "Tract A" and the Firerock Industrial Park, as shown on the Slope Analysis attached as Exhibit "B". Developer shall use reasonable efforts to prevent disturbing the landscaping and vegetation currently existing on "Tract A" during the wall construction process and shall also re-landscape those portions of "Tract A" previously disturbed by MCO, pursuant to the non-abutting landscaping standards contained in the Town ordinance. 2.2 Dedication of "Tract A". Developer shall dedicate "Tract A" to the Town, by separate instrument, at such time as the Town reasonably requires, in satisfaction of the Preservation Requirement with respect to the Property. kmpe 3. OBLIGATIONS OF TOWN. 3.1 Acceptance of"Tract A". Town shall accept the dedication of"Tract A" from Developer in satisfaction of the Preservation Requirement with respect to the Property and shall own and maintain "Tract A" at its sole cost and expense. The Town shall also maintain the wall described in Article 2.1 above at its sole cost and expense. Notwithstanding the foregoing, the Town's maintenance obligations hereunder shall begin one (1) year after completion of the wall and landscaping required under Paragraph 2.1 above. 4. COOPERATION AND ALTERNATIVE DISPUTE RESOLUTION. 4.1 Appointment of Representatives. To further the commitment of the parties to cooperate in the implementation of this Agreement, upon the request of either the Developer or the Town, the Town and the Developer each shall designate and appoint a representative to act as a liaison between the Town and its various departments and the Developer. The initial representative for the Town (the "Town Representative") shall be the Town Manager, and the initial representative for the Developer shall be its Project Manager, as identified by the Developer from time-to-time (the "Developer Representative"). The representatives shall be available at all reasonable times to (lbw discuss and review the performance of the parties to this Agreement and the 1525305-2 -3- tiorr development of the Property pursuant to the Plan of Development. The representatives mayrecommend amendments to the Plan of Development or this Agreement which may be agreed upon by the parties. 4.2 Expedited Town Decisions. The implementation of the Plan of Development shall be in accordance with the development review process of the Town. If at any time the Developer believes that an impasse has been reached with the Town staff on any issue affecting the Property, the Developer shall have the right to immediately appeal to the Town Representative for an expedited decision pursuant to this paragraph. If the issue on which an impasse has been reached is an issue where a final decision can be reached by the Town Staff, the Town Representative shall give the Developer a final decision within fifteen (15) days after the Developer's request for an expedited decision. If the issue on which an impasse has been reached is one where a final decision requires action by the Town Council, the Town Representative shall be responsible for scheduling a Town Council hearing on the issue at the next regular meeting of the Council after the Developer's request for an expedited decision; provided, however, that if the issue is appropriate for review by the Town Planning and Zoning Commission, the matter shall be submitted to the Commission first, and then to the Town Council. If the issue on which an impasse has been reached is one where a final decision requires action by the Board of Adjustment, the Town Representative shall be responsible for scheduling a Board of Adjustment hearing on the issue within the applicable period provided by law for such a decision. ,,. Both parties agree to continue to use reasonable good faith efforts to resolve any impasse pending any such expedited decision. The foregoing expedited review process shall always be subject to notice and hearing procedures required by law. 4.3 Default. Failure or unreasonable delay by either party to perform or otherwise act in accordance with any term or provision of this Agreement for a period of thirty(30) days (the "Cure Period") after written notice thereof from the other party, shall constitute a default under this Agreement. Said notice shall specify the nature of the alleged default and the manner in which said default may be satisfactorily cured, if possible. In the event such default is not cured within the Cure Period, the non-defaulting party shall have all rights and remedies which may be available at law or in equity. 5. NOTICES AND FILINGS. 5.1 Manner of Service. All notices, filings, consents, approvals and other communications provided for herein or given in connection herewith shall be validly given, filed, made, delivered or served if in writing and delivered personally or sent by registered or certified United States Mail, postage prepaid, if to: The Town: Personal Delivery: 1525305-2 -4- (Imo Town Clerk Town of Fountain Hills 16838 East Palisades Boulevard Fountain Hills, Arizona 85268 With a copy to: The Developer: Mr. Carl Bommarito MCO Properties L.P. 16930 E. Palisades Blvd., Suite 100 Fountain Hills, AZ 85268 With a copy to: or to such other addresses as either party hereto may from time to time designate in writing and deliver in a like manner. 5.2 Mailing Effective. Notices, filings, consents, approvals and communication given by mail shall be deemed delivered forty-eight (48) hours following deposit in the United States Mail, postage prepaid and addressed as set forth above. 6. GENERAL. (ims, 6.1 Waiver. No delay in exercising any right or remedy shall constitute a waiver thereof, and no waiver by the Town or the Developer of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. 6.2 Headings. The descriptive headings of the paragraphs of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. 6.3 Exhibits. Any exhibit attached hereto and the documents constituting the Plan of Development, shall be deemed to have been incorporated herein by this reference with the same force and effect as if fully set forth in the body hereof. 6.4 Further Acts. Each of the parties hereto shall execute and deliver all such documents and perform all such acts as reasonably necessary, from time to time, to carry out the matters contemplated by this Agreement. Without limiting the generality of the foregoing, the Town shall cooperate in good faith and process promptly any request and applications for plat or permit approvals or revisions, and other necessary approvals relating to the development of the Property by the Developer and its successors. 1525305-2 -5- 6.5 Time of Essence and Successor. Time is of the essence of this Agreement. All of the provisions hereof shall inure to the benefit of and be binding upon the successors and assigns of the parties. 6.6 No Partnership; Third Parties. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between the Developer and the Town. No term or provision of this Agreement is intended to, or shall, be for the benefit of any person, firm, organization or corporation not a party hereto, and no such other person, firm, organization or corporation shall have any right or cause of action hereunder. 6.7 Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. All prior and contemporaneous agreements, representations and understandings of the parties, oral or written, are hereby superseded and merged herein. 6.8 Amendment. No change or addition is to be made to this Agreement except by a written amendment executed by the parties hereto. Within ten (10) days after any amendment to this Agreement, such amendment shall be recorded in the official Records of Maricopa County. (60, 6.9 Names and Plans. Subject to the provisions of the "Public Records and Documents" laws of the State of Arizona, the Developer shall be the sole owner of all names, titles, plans, drawings, specifications, ideas, programs, designs and work products of every nature at any time developed, formulated or prepared by or at the instance of the Developer in connection with the Property; provided, however, that in connection with any conveyance of portions of the Property to the Town, such rights pertaining to the portions of the Property so conveyed shall be assigned, to the extent that such rights are assignable, to the Town. Notwithstanding the foregoing, the Developer shall be entitled to utilize such materials described herein to the extent required for the Developer to construct, operate or maintain improvements relating to the Property. 6.10 Good Standing and Authority. Each of the parties represents and warrants to the other (i) that it is duly formed and validly existing under the laws of Delaware, with respect to the Developer, or a municipal corporation within the State of Arizona, with respect to the Town, (ii) that it is a Delaware limited partnership or municipal corporation duly qualified to do business in the State of Arizona and is in good standing under the applicable state laws, and (iii) that the individual(s) executing this Agreement on behalf of the respective parties are authorized and empowered to bind the party on whose behalf each such individual is signing. L 1525305-2 -6- 6.11 Severability. If any provision of this Agreement is declared void or unenforceable, such provision shall be severed from this Agreement, which shall otherwise remain in full force and effect. If an applicable law or court of competent jurisdiction excuses the Town from undertaking any contractual commitment to perform an act hereunder, this Agreement shall remain in full force and effect, but the provisions requiring such action shall be deemed to permit the Town to take such action at its discretion. If, however, the Town fails to fulfill its obligations required hereunder, the Developer shall be entitled to terminate this Agreement. 6.12 Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona. 6.13 Recordation. This Agreement shall be recorded in the Official Records of Maricopa County no later than ten (10) days after this Agreement is executed by the Town and the Developer. 6.14 No Developer Representation. Nothing contained herein or the Plan of Development shall be deemed to obligate the Town or the Developer to commence construction on or complete any part or all of the development of the Property; provided, however, any development that is undertaken by the Developer shall be done in accordance with this Agreement and the Plan of Development, as the Plan of Development may be amended from time to time. (kw IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. TOWN: DEVELOPER: THE TOWN OF FOUNTAIN HILLS, an MCO PROPERTIES L.P. d/b/a MCO Arizona municipal corporation Properties Limited Partnership, a Delaware limited partnership By: Title: Its: L 1525305-2 -7- e STATE OF ARIZONA(kiw )) ss. County of Maricopa ) The foregoing instrument was acknowledged before me this day of , 2001, by , as of MCO PROPERTIES L.P. d/b/a MCO Properties Limited Partnership, a Delaware limited liability partnership, for and on behalf of said partnership. Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss. County of Maricopa ) The foregoing instrument was acknowledged before me this day of , 2001, by , the of TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, for and on behalf of said (116, corporation. Notary Public My Commission Expires: L 1525305-2 -8- Feb 01 01 02: 21p TASK Engineering 602-277-4228 p. 1 (Itir Lir/cc ENGINEERING 5125 North 16th Street• Suite A-210 •Phoenix •AZ• 85016 Phone: 602.277 .4224 Fax: 602 •277 .4228 e-mail: task@primenet.com February 1,2001 Mr. Charles Fol h HTPO Surveyors and Engineers 16743 E. Palisades Blvd., Suite 203 Fountain Hills,AZ 85268 Fax (480) 836-0575 RE: Firerock Industrial Park in Fountain Hills,Arizona Dear Mr. Folch: TASK Engineering has reviewed the traffic impacts with the proposed Firerock Industrial Park development located east of Technology Drive in Fountain Hills,Arizona. In particular,we have analyzed the traffic impacts for the proposed site in coordination with (kw the adjacent land uses. TASK Engineering prepared the traffic impact study,Southwest Corner of Shea Boulevard and Saguaro Boulevard,dated February 3,2000,that is adjacent northeast of the Firerock Industrial Park. Background Information The site currently consists of open land. The proposed development contains five(5)lots ranging from 0.36 to 1.57 net acres. The total net area is approximately 4.29 acres which excludes the disturbance area adjacent to Saguaro Boulevard. The proposed site is bounded by the existing Laser Drive to the north,Technology Drive to the southeast and Saguaro Boulevard to the east. A singular access drive will be provided for the site traffic on Technology Drive. Also,Technology Drive will be gated at its intersection with Saguaro Boulevard. As mentioned, the Shea Retail Center,adjacent northeast of the site, is a±305,000 shopping center. Between the Firerock Industrial Park and the Shea Retail Center is Laser Drive. This roadway will be abandoned between the two sites. The intersection of Laser Drive and Technology Drive,located at the northwest corner of the site, will be reconstructed as a"T"intersection. In review of the Southwest Corner of Shea Boulevard and Saguaro Boulevard study, 100 additional average daily trips(ADT) were projected from the Shea Retail site along Technology Drive to the south. • Feb 01 01 02: 21p TASK Engineering 602-277-4228 p. 2 Mr. Charles Folch (by 02/01/01 Page 2 Trip Generation Site traffic was generated at full buildout using trip generation rates and equations from Trip Generation, Sixth Edition,by the Institute of Transportation Engineers(ITE), 1997. Trips were calculated for AM and PM peak hours and average daily traffic(ADT). A floor area ratio (FAR)of 0.35 net acres was assumed for the industrial park. Using the net area of 4.29 acres,this was determined to be approximately 65,400 square feet of building area. Table 1 presents the trip generation for the industrial use. Table 1 Trip Generation rircrock Industrial Park Traffic Impact Study Description Industrial Park Land Use Code 130 Units 1,000 Square Feet Amount 65.4 Trip Rates: Daily T=4.963(x)+747.746 AM Peak Hour La(T)=0.822Ln(x)+0.90 PM Peak Hour Ln(T)=0.854Ln(x)+0.712 %Inbound: AM Peak Hour 82% --1PM Peak Hour 21% (kW Trips: Weekday 1,072 AM Pk Hr inbound 62 AM Pk Hr Outbound 14 PM Pk Hr Inbound 15 PM Pk Hr Outbound I 57 Summary It is anticipated that the site will generate approximately 1,072 trips daily. The majority of these trips will travel to/from the north via the intersection of Technology Drive and Shea Boulevard. The site can be expected to add 72 vehicles or 13 °A), to the total PM peak hour traffic on Technology Drive south of Shea Boulevard. I hope this addresses the traffic issues related to this location. If you have any questions or comments,please contact me at(602)277-4224. Sincerely, ye,v, 1474 Ken Howell, P.E. Principal U:V obFilcs\2165.01\lecter.doc Law Offices Of William E. Farrell, P.L.L.C. (kw Tel(480)837-5750 William E.Farrell Building A Fax(480)837-5805 16838 E.Palisades Blvd. Fountain Hills,AZ 85268 MEMORANDUM TO: Mayor and Council Town Manager Town Clerk FROM: William E. Farre Town Attorney DATE: May 17, 2001 RE: Staff Report - Resolution 2001-26 Los Arcos Multi-Purpose Facilities District Attached to this memorandum is Resolution 2001-26 which extends compliance on indemnification and an intergovernmental agreement with the City of Scottsdale from June 1,2001 to June 1, 2011. This is a ten (10) year extension based primarily on the fact that there does not appear at present to be viable and active negotiations going on between the property owner and the City of Scottsdale. The major concern of the Town Attorney's office has been indemnification from the City of Scottsdale should Ellman Company or anyone else connected with Los Arcos have brought suit against the District and the City of Scottsdale and also named the Town of Fountain Hills. As the Council is aware the Town has not received any of the funds initially hinted at or offered by the Ellman Company. Neither the $75,000 that was actually paid to the Town of Guadalupe nor the$1,000,000 that was hinted at in media reports at the time of the formation of the District has been paid to the Town. The Town has been paid its hard costs for the election which was held in the Town of Fountain Hills. The Town has not received any acceptable intergovernmental agreement from the City of Scottsdale;however,it is the recommendation of the Town Attorney that one is not necessary at this point and therefore I am recommending a ten (10) year extension so that this matter can be put to bed until such times as the City and/or the property owner find some viable and legal project for which the District might be needed. L Re: Staff Report-Resolution 2001-26 Los Arcos Multi-Purpose Facilities District May 17, 2001 Page 2 As always we would be more than happy to answer any questions you may have and Staff would recommend that you adopt the resolution with the requisite six votes as the emergency clause has been added. The emergency clause is there to ensure that the consistency trail of valid council enactments necessary whenever bonds are issued will be present. Respectfully submitted, • 1..1A1( William E. Farrell Town Attorney (iire Z:\WPDATA\FH\RES\StaffReport2001-26.wpd RESOLUTION 2001-26 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING RESOLUTIONS 1999-24,2000-30 AND 2000-53 BY EXTENDING THE COMPLIANCE DATE FOR AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF SCOTTSDALE AND THE TOWN OF FOUNTAIN HILLS CONCERNING THE LOS ARCOS MULTI-PURPOSE FACILITIES DISTRICT FROM ITS CURRENT DUE DATE OF JUNE 1, 2001 TO A NEW DATE OF JUNE 1, 2011; AND DECLARING AN EMERGENCY. WHEREAS,the Town of Fountain Hills has on three previous occasions adopted resolutions extending the date for the compliance with one of the major conditions in the resolution that formed the Los Arcos Multi-purpose Facilities District; and, WHEREAS, the Mayor and Council of the Town of Fountain Hills still desire to have in place an intergovernmental agreement with the City of Scottsdale to provide for among other things indemnification in case of litigation and reimbursement for expenses made on behalf of the district; and, WHEREAS, it now appears that a substantial period of additional time will be required by the City of Scottsdale and the land owner before a viable plan for the use of the area known as the Los Arcos Multi-Purpose Facilities District will be completed; NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS: Section 1. That Section 3, Paragraph 3 of Resolution 1999-24 is hereby amended to read as follows: 3. That on or before June 1, 2011, the City of Scottsdale and the Town of Fountain Hills shall have entered into and executed an intergovernmental agreement setting forth the duties and obligations of the two municipalities with particular attention to the issues of costs incurred by Fountain Hills in the formation of the District and those issues deemed relevant by the respective councils. Section 2. That Section 4 of Resolution 1999-24 is hereby amended to read as follows: That if and in the event any of the conditions set forth do not occur on or before the dates set forth herein and said dates have not been modified by the actions of the Fountain Hills Town Council, then the participation of the Town of Fountain Hills in the Los Arcos Multi-Purpose Facilities District shall terminate on June 1, 2011. (Ow Resolution 2001-26 Page 1 of 2 Section 3. That the immediate operation of the provisions of this Resolution is necessary for the thw preservation of the public peace, health, safety and welfare of the citizens, and that the Council therefore declares that an emergency exists and that this Resolution shall be in full force and effect from and after its passage by the Council as required by law. PASSED AND ADOPTED by the Mayor and Common Council of the Town of Fountain Hills, Arizona this 17th day of May, 2001. FOR T TOWN OF FO AIN HILLS: ATTESTED TO: 1 L11,1/4:‘-(.6 Sharon Morgan, Mayor Cassie B. Hansen, own Clerk REVI ED BY• APPROVED AS TO FORM: thw pAp u . N r 'n, wn Manager William E. Farrell, Town Attorney (kw Resolution 2001-26 Page 2 of 2 OthlAIN kl� (iw " Town of FOUNTAIN HILLS �9 EdT.196q 0 Office of the Mayor 'that's Ws' Sharon Morgan May 4, 2001 Mr. Harvey Riebel Landrum&Brown, Inc. 6151 W. Century Blvd., Suite 1000 Los Angeles, CA 90045 RE: Comments on the Notice of Proposed Action and reparation of Environmental Assessment for the Northwest 2000 Plan Dear Mr. Riebel: The purpose of this letter is to preliminarily respond to the above Notice received by the Town of Fountain Hills. I, along with members of our Town Council and our advisory committee, attended your Northwest 2000 Plan workshop session last night. We thank you, members of your staff, as well as the representatives from the FAA for such an informative workshop. It provided us an opportunity to discuss the plan and its various alternatives. It did demonstrate, however, that the short notice period is inadequate for • our Town to study the plan and respond fully to it.• It is therefore requested that the comment period to be extended to June 30, 2001. Preliminarily, we believe that the Northwest 2000 Plan fails to adequately address the following: 1. Safety Issues: The plan fails to address the potential conflict between general aviation aircraft, especially training aircraft, which use the airspace above and around Fountain Hills for training purposes, and departing jet aircraft using the Silow departure. 2. Noise Level Monitoring: The plan equates the noise level to be experienced by Fountain Hills, which will be directly under the Silow Departure flight path, with that of Carefree (some 15 miles to the west of Fountain Hills) and Desert Highlands (some 10 miles to the west of Fountain Hills). It is submitted that the noise level directly under the flight path will be significantly greater that at a point of several miles away. This is especially troublesome when one considers that a minimum of 233 aircraft each day, more as traffic increases at PHX, will be operating at high power settings and at low altitudes. The noise impact at Fountain Hills must be measured and forecasted independently of that at Carefree (kw and Desert Highlands. 16836 East Palisades Boulevard,Building C-P.O.Box 17958-Fountain Hills,Arizona 85269-(602)837-2003-FAX:(602)837-3145 May 4, 2001 Page 2 of 3 3. Volume of Noise Level in Fountain Hills. As noted, when east flow operations (kw are in effect, the plan directs a minimum of 233 departing aircraft each day directly over our Town. According to the plan, this results in a 46% increase in the aircraft noise level in 2000 and a 49% increase by 2005. Indications are the number of operations will significantly increase thereafter, hence creating even more noise. However, the plan inadequately discusses the effect this increase in aircraft generated noise will have on our Town. The Plan erroneously leads one to believe there will be no significant increase in noise level over Fountain Hills yet its own statistics, historical experience, and common sense, dictate otherwise. Likewise, the plan does not discuss the effect the increase in departure traffic or the significant increase of aircraft noise level on the residents and the businesses in our Town. In order to enjoy a more rural environment, our residents made substantial investments and personal commitments to be a fair distance from PHX. The plan did not consider these impacts. Further, directly under the proposed departure route are 3 new golf courses, several new subdivisions, several proposed subdivisions and a proposed resort hotel. The impact on these developments, their members, and residents was not considered in the plan. 4. Character of Noise Level Change Not Addressed. The plan does not address a very essential impact on Fountain Hills. The study does not address the frequency and momentary volume spikes created by aircraft passing overhead at low altitude, especially a steady stream of low altitude departing aircraft with engines operating at climb power settings. Presently we have predominately west flow departures turning northeast, high over our Town. We also have rather high altitude arriving aircraft operating at very low power settings. The character of the noise level generated by the present traffic mix is vastly different than that forecasted under the plan. This difference in the character of the noise to be generated by a heavy volume of departing aircraft is not addressed in the plan. 5. The Scottsdale Solution. The plan concludes that the Scottsdale Plan to move BARGN intersection 5 miles to the east is not possible because of Special Use Airspace restrictions. However, in talking with Phoenix TRACON representatives at the workshop, as well as representatives from Albuquerque ARTCC, both agreed that the Scottsdale proposal is feasible providing a letter agreement is obtained to utilize a portion of the northern boundary of the Special Use Airspace (known as the Outlaw Military Operations Area "MOA")just east of Williams Gateway. We believe your response should take into consideration, and recommend, that such an agreement is a potential solution to the problems over Fountain Hills. We are prepared to work with Scottsdale and others in a committed effort to obtain that agreement, and hence make the Scottsdale Proposal a reality. We therefore ask that you respond to this proposal consistent with the comments at the workshop. We believe the airspace should be shared for the following reasons: a. A MOA is a "shared" airspace. It is not airspace restricted solely for the use of the military. It is presently shared by the military and civilian May 4, 2001 Page 3 of 3 aircraft in clear weather and at times, is shared when the weather is poor. (lito These civilian aircraft even include general aviation aircraft (sometimes known as "little planes"). Since the airspace is already shared most of the time, it makes good sense and good public policy to share it further with commercial flights in order to relieve congestion at PBX and hence promote the safety and efficiency of air transportation system in the Phoenix area. b. The MOA was created for use at Williams Air Force Base. Once the base was closed, the MOA should have been eliminated as well. It was not. It is used by a limited number of air national guard aircraft. If one weighs the utility gained by the present limited number of military flights using the airspace against the significant civilian utilization (at least 233 operations a day) under the plan, there is no question that a letter agreement is a proper solution. c. The small size of the MOA and its proximity to congested airspace, make its future utility for military purposes highly questionable. It may be convenient now for a few, but it is clearly not necessary to the national defense, especially when many more square miles of prime training airspace are available close by. On the other hand, as PHX expands so will Williams-Gateway. As both expand, it is merely a question of time before the MOA will be eliminated all together. Therefore, proper long (kw range planning requires that we begin to utilize the MOA now to solve our problems and promote the public welfare. This will give the military time to transaction to other airspace and lead to the eventual elimination of the MOA in the future As noted, we have not had adequate time to address other concerns with the plan and therefore request an extension of time to respond to it. In the meantime, we look forward to working with everyone to create a plan that safely promotes the ability to handle increased air traffic in Phoenix area while at the same time protecting our citizen's quality of life. Sincerel Sharon Morgan, Mayor of the Town of Fountain Hills CC: Senator John McCain, Senator Jon Kyl, Congressman J.D. Hayworth, Senator Randall Gnant, Representatives Carolyn Allen and Wes Marsh, and Fountain (sr Hills Town Council (eir InterofficeMemo ,_,„ To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATIO Date: 05/16/01 Re: NEW AGENDA ITEM #9—AMERICAN LEGION EXTENSION OF PREMISE AGENDA ITEM #9—AMERICAN LEGION EXTENSION OF PREMISE PERMIT APPLICATION The only change to the agenda this week is the addition of a request for an extension of premise permit. On Mo d- 7 ion submitted an extension of premise/patio permit application for their esta• - , t� at venue of the Fountains. The Legion desires to temporarily extend their li 8 ®� ned activities on Saturday, May 26. The extension will include the F nd ed a` to the north side of the building. Securitywill be posted at the ] 9 a nd' south OranP7:Sickglitinsure that alcohol stays within the permitted premise. The area u.w . end ins the request is consistent w previous events. Staff recommends approval. VI— kit A Y R uawm 4 5 Si aw 7-7 SPECIAL EVENT POLICY . ew 'nor-changes..to"the dra policy were suggested by a member of the review committee. They ape s,, o to at ached co of e'document and are denoted by bold text within brackets. {text} The firs ficatio pea„ on page 5, item 8. A period was added after "sales tax numbers" in the second sentence and the verbiage "any changes or additions" was inserted before "shall be submitted ". The second change appears on page 7, section C. The word "local" was added at the beginning of the bold, underlined text beginning with "charitable nonprofit organizations....". In the next sentence, "outside"was removed and "traffic engineering"was added. I apologize for giving you a whole new copy of the document but the few modifications were just enough to change the text on subsequent pages. L Page 1 of 1 May 17,2001 Agenda Items Last printed 05/16/01 1:14 PM 05/16/01 May 11,2001 (11w In Memo tern ce __.,,,_ ..„,,_,,.„,„, ,,,,,NW...,,, . To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATION Date: 05/11/01 Re: AGENDA ITEM #16—SPECIAL EVENT POLICY AGENDA ITEM #16— SPECIAL EVENT POLICY �m Consi a .• , seen spent on this document since it last came before the Council. Nu i y- e : r. eld to review and address the concerns expressed by some y •- n was last agendized. Your packet contains two versions of the r7 . i 'of the..' pro t is a marked up version that clearly denotes where language -en delet -c ,change*• . 74: ided. Some new language is italicized and some is not. This sly indicate tat change - ade at different times. The second version is a clean copy of ,Ak'-'" t g-,document .n to 0 rdin a°; , at byMr. 4 ,�i Farrell. (Please see attached memo from Bill.) c ,::,,. ,t i • 4£an 09 in its current form or make any additional changes for :;:": ti 1 ii z,,,,.--rzire'r.14 F;t1,0 `,,Iv, ,r '34iz':," n' , * e k g eats,it o: u::-rns regarding: the identification of non-profit organizations; 9 e keinition of major, o .n. •ecial events; exemption issues; restrictions on fund raising -vents .rest ictior , on educa.ao and religious functions; the time frame for the application u. a .: The--submittal -,,,:its:4 some application material; the exemption of non-profit, . iz• ream _ -- e prohibition of commercial events "piggybacking" on non-profit org. ' ' • to ben- a ;- the exemptions; the change of a "one time annual calendar" to a "process F- Y -a calendar; and clarification of the number of days between events. It was discussed that the Council would have to make a policy decision regarding the support of non-profit events. By their nature, special events cost the Town money. Every time a street is closed, barricades are placed and temporary signs are erected, the Street Department incurs costs that are not recovered. Many of these events are Town sponsored and some are true community events such as the holiday lighting, Thanksgiving Day Parade, Phoenix Symphony, etc. The two large art fairs can cost the Street Department close to $20,000 in personnel and equipment but they also provide a venue where the Town can receive close to $40,000 in sales tax dollars. They are also the major fundraisers for many of the local service clubs and organizations. The current draft of the policy attempted to take these issues into consideration and incorporate some semblance of balance. L Page 1 of 2 Agenda Items 5/17/01 Last printed 05/11/01 12:40 PM 9 9 05/11/01 May 11, 2001 One of the requirements of the special event application is the submittal of a list of all vendors participating in an event and information regarding business name, booth number and state sales tax number. The Town's sales tax auditor has stated that this information will greatly assist his efforts to insure that the Town receives all the sales tax dollars generated at revenue producing events. Staff is prepared to take whatever direction the Council wishes to give on Ordinance 01-09. If you have any questions, please do not hesitate to contact Bill, Steve or me. (lbw Page 2 of 2 Agenda Items 5/17/01 Last printed 05/11/01 12:40 PM 9 9 05/11/01 Law Offices Of William E. Farrell, P.L.L.C. Tel(480)837-5750 William E. Farrell Building A Fax(480)837-5805 16838 E. Palisades Blvd. Fountain Hills,AZ 85268 MEMORANDUM TO: Mayor and Council Town Manager Town Clerk FROM: William E. Farrel 0.81— Town Attorney DATE: May 17, 2001 RE: Ordinance 01-09 Special Events Attached hereto is Ordinance 01-09 amending the Town Code by including eight sections in Article 8-3 of Chapter 8 of the Town Code. These eight sections cover what is generally referred to as special events. The text of the amendments to the Town Code resulted from numerous committee meetings and active participation by various members of the Council. The ordinance reflects the importance to the community as a whole and to the Town specifically of certain existing events as well as a desire to provide for all of its residents and non-residents better guide lines and instructions on how and when special events can occur and what will be required of those folks who wish to produce a special event within the Town of Fountain Hills. Generally speaking, this ordinance will come into play when an activity is to be conducted on public property or when conducted on private property public safety is impacted. As always we will be more than happy to answer any questions you may have and Staff does respectfully request that you look with favor upon the adoption of Ordinance 01-09. Respectfully submitted, William E. Farrell Town Attorney r "Legalese Committee" 4/28/01 Meeting ARTICLE 8-3 SPECIAL EVENTS 8-3-1 Purpose and Intent 8-3-2 Definitions 8-3-3 Exemptions 8-3-4 Permit Required 8-3-5 Permit Applications 8-3-6 Fees and Deposits 8-3-7 Major Event Calendar 8-3-8 Town Council Approval Section 8-3-1 Purpose and Intent It is acknowledged by the Town Council that special events potentially enhance the lifestyle of the citizens of Fountain Hills and create unique venues for expression, entertainment, and business that are not otherwise provided within the framework of the Town Code. The purpose of Article 8-3 is to establish a process for permitting and regulating certain temporary activities conducted on public property, or private property when public safety is impacted. This Article is intended to provide fair and reasonable regulations governing the time, place, and manner in which a special event may take place, and in doing so, provide for the health, safety and welfare of the public. Section 8-3-2 Definitions In this article,unless the context otherwise requires: • A. "Block party"means the closure of a short cul-de-sac or a limited access portion of a the two-lane local roadway for a period of less than six(6)hours for the purpose of a neighborhood gathering. Block party events are exempt from the special event process but do require the administrative approval of a properly executed Special Event Permit Application For Use Of Public Right-Of-Way form available from the office of the Town Clerk. B. "Charitable nonprofit organization" means any person(s), partnership, association, corporation or other group whose activities are conducted for unselfish, civic or humanitarian motives, or for the benefit of others, and not for the commercial gain of any private individual or group and may include, but shall not be limited to patriotic, philanthropic, social service, welfare, benevolent, educational, civic, fraternal, cultural, charitable, scientific, historical, church, athletic or medical activities. Organizations may be required to provide proof of federal exemption under 26 U.S.C. Section 501 (c), Section 501 (d) or Section 501 (e) and rules and regulations of the Commissioner of Internal Revenue pertaining to the same. C. "Farmer's market", "bazaar days", "market days", "sidewalk sale", etc. means any outside retail activity on private property in a commercially zoned district temporarily extended beyond the normal venue/site of day to day business. Said activity is limited to (100, four (4) times per year and requires the application and issuance of a temporary use DRAFT Special Event Policy Last printed 05/16/01 1:14 PM Page 1 of 8 "Legalese Committee" 4/28/01 Meeting D. "Grand-fathered event"means a major event that has annually occurred in the community for a period exceeding ten (10) consecutive years and continues to provide a significant benefit to local organizations, clubs, associations, community groups and the community as a whole. These events will annually appear on the event calendar but are not exempt from filing the appropriate application forms and receiving Council approval. E. "Holiday event" means an event which is related to a recognized holiday or seasonal event and includes the Thanksgiving Day Parade, the Sunrise Easter Service at Fountain Park,the July 4th celebration at Fountain Park, and the Holiday Lighting activities on the Avenue of the Fountains. These events will annually appear on the event calendar but are not exempt from filing the appropriate application forms and receiving Council approval. F. "Major event" means an event which will require the closing of any major or minor arterial town street, sidewalk or right-of-way for more than five (5) consecutive hours; Of and will have five hundred (500) or more participants or spectators; or and will require the ser ees-ems municipal services. Major events shall not exceed a total duration in excess of eighty-five (85) hours. No more than twelve (12) major events,excluding holiday events, spaced twenty-five (25) days apart,may be scheduled during any one calendar year. G. "Minor event" means an event participants or spectators and will not require the services of the Town Marshal Department that is not a major event. LH. "Special event" means any major, minor, holiday or grandfathered event that will take place on a town street, sidewalk or right-of-way, other-than thener l4 el w e s awl-pedestrians that could cause a significant disruption of pedestrians or vehicular traffic in the area and that requires traffic safety measures. An event that takes place on private property,does not require the closure of any Town street,sidewalk or right-of-way, and does not require any municipal services is not subject to the special event permit process. I. "Sponsor" means the applicant, organizer, operator or principal agent who is responsible for all aspects of the event's planning, implementation and conduct. Section 8-3-3 Exemptions The only exemptions to the special event permitting requirements of this article shall be: A. Block parties as defined in Section 8-3-2 of this article. B. "Farmer's market", "bazaar days", "market days", "sidewalk sale", as defined in Section 8-3-2 of this article. Said activity is limited to four (4) times per year and requires the application and issuance of a temporary use permit from the Community Development Department. &C. Garage sales, including carport and yard sales. and governed by the following criteria: While exempt from the special event permitting process, garage sales are subject to the following requirements: DRAFT Special Event Policy Last printed 05/16/01 1:14 PM Page 2 of 8 "Legalese Committee" 4/28/01 Meeting (1111V 1. The garage sale shall be carried on wholly within the property line on which the dwelling unit is located. 2. The garage sale must sell items that are primarily surplus to the residential use; i.e. the sale of 25 bicycles is not a eafpeft garage sale. 3. The garage sale shall operate for not more than three consecutive days and can only be held four times within a calendar year at the same dwelling unit. 4. The garage sale and related activity shall be limited to the hours between 7:00 a.m. and 5:00 p.m. 6:5. Signs must comply with the sign regulations as designated in Chapter 6 of the Zoning Ordinance for the Town of Fountain Hills. C.D. Construction activity within the public rights-of-way that have encroachment permits approved and issued by the Engineering Department. D E. Holiday sales that are related to a state or nationally recognized holiday or seasonal event such as Christmas tree or pumpkin sales. Holiday sales must be set up and conducted in one location and obtain a temporary use permit through the Community Development Department. (111, E:F. Fund-raising events held by charitable nonprofit organizations as defined described in Section 8-3-2 of this chapter and that meet the following criteria: 1. The fund-raising event shall be carried on wholly within a religious related building, a public building, a commercial structure or wholly upon a clearly defined/designated piece of public or private property. 2. All proceeds derived from the event shall go to the charitable nonprofit organization. In the case of incidental sales derived from activities such as flea markets, proceeds shall go to the individual booth holder as long as the transactions are non-commercial in nature. 3. Such fund raising events are limited to four(1)events per year per organization. 4-3. There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare produced by the event. 5:4. If the fund-raising event involves outside activity, the operating hours shall be limited to the hours between 8:00 a.m. and 9:00 p.m. and limited to six (6) outside events per year per organization. 675. Adequate parking must be available for the fund-raising event. If outdoor events occupy more than twenty-five (25) percent of the area normally used for parking, creating the need for off-site parking and the possibility of traffic or safety hazards, Town officials shall be notified to DRAFT Special Event Policy Last printed 05/16/01 1:14 PM Page 3 of 8 "Legalese Committee" 4/28/01 Meeting (so determine if municipal services are required. and the activity shal not generate additional traffic that would create a traffic or safety hazard. 7,6. Signs must comply with the sign regulations as designated in Chapter 6 of the Zoning Ordinance for the Town of Fountain Hills. 8:7. A temporary use permit may be required through the Community Development Department. F,G. A governmental, educational, or religious organization agency acting within the scope of its functions. Section 8-3-4 Permit Required No person shall engage in, participate in, aid, form or start any special event as defined in this article without first obtaining a special event permit issued by the Town. Failure to comply with this requirement will constitute a violation of Town Code. Section 8-3-5 Permit Application A. Applications for special event permits shall be made on forms furnished by the Town Clerks office. Every application shall be accompanied by the appropriate application fee as provided in Section 8-3-6 below. B. If the event is designed to be held by, and on behalf of or for, any person other than applicant,the applicant for such permit shall file with the application a communication in writing from the person proposing to hold the event, authorizing the applicant to apply for the permit on his behalf. C. All applications for major events must be completed and submitted to the Town Clerk's office no later tha„ Dece»amberfirst less than ninety (90) days prior to the event in order to be considered for scheduling on the special event calendar as outlined in Section 8-3-7 below. The application for a special event permit shall set forth, at a minimum, the fellowing-infeffnatienApplications will not be accepted less than ninety (90) days prior to the event. D. All applications for minor events must be completed and submitted to the Town Clerk's office no less than thirty (30)days prior to the event. Applications will not be accepted less than thirty (30)days prior to the event. E. The application for a special event permit shall set forth, at a minimum, the following information: 1. The name, address, telephone number and driver's license number of the person seeking to conduct the special event. 2. If the event is to be conducted for, on behalf of, or by an organization or (itio business, the name, address and telephone number of the headquarters of the organization,the authorized and responsible heads of the organization, the tax ID DRAFT Special Event Policy Last printed 05/16/01 1:14 PM Page 4 of 8 "Legalese Committee" 4/28/01 Meeting (by number, and fax number of the organization. 3. The name, address, work and home telephone numbers of the on-site event manager. 4. The name, address and telephone number of the promoter and sponsor of the event if different than the applicant. 5. If the event involves sponsorship or participation of a charity, the charity's name, current tax-exempt status number, and address will be required in addition to the telephone number of the charity. 6. The name of the event and the location where the event is to take place. If the event is on private property, the owner's name and telephone number. If applicable, the location shall include the route to be traveled, the starting and termination points, and any closures of streets, sidewalks or rights-of-way requested. A site plan of the event area must be included with the application. 7. A parking plan that is adequate to accommodate the anticipated attendees of the event. If parking is to be on private property,proof of permission of the property owner must be included with the application. Parking on the property must be adequate to serve any existing permanent uses as well as the special event use. 8. A description of the event including activities, anticipated attendance, entertainment, and type of retail sales. If there will be vendors, artists or (111 concessionaires, supply a list including business names, owner names, booth numbers, addresses and Arizona state sales tax numbers. {Any changes or • additions}shall be submitted to the Clerk's office prior to the end of the first day of the event.. 9. The date and effective hours when the event is to be conducted. 10. The time at which persons involved in the event will begin to assemble or set up for the event. 11. The approximate number of persons, vehicles and equipment, if any, which will be involved in the event; the type of animals, and description of the vehicles or equipment,if any. 12. Information regarding the amount and type of advertising that will be done to promote the event. 13. Information on specific features of the event including, but not limited to, tents, canopies, open flames and cooking, fireworks, temporary fencing, temporary structures, first aid services, port-a-johns, waste control, generators, carnival/amusement rides, lighting, signs/banners, and inflatables. Information should include the company name, address, contact name and telephone number of the service provider. Event features may require inspection and/or special permits from building, engineering, fire, and/or health departments. The site of the event must be adequately served by utilities and sanitary facilities. DRAFT Special Event Policy Last printed 05/16/01 1:14 PM Page 5 of 8 "Legalese Committee" 4/28/01 Meeting 14. Description and location of town facilities i.e. electric and/or water that will be needed for the event. 15. A map and/or site plan clearly depicting the location of all signage, directional and/or promotional, that will be used in conjunction with the event. Signage shall not be posted earlier than two weeks prior to the first day of the event and must be removed within 48 hours following the event's conclusion. 16. Information on event security and emergency medical services including company names, addresses, contacts, telephone numbers, and scheduled hours personnel will be at the event. 17. Information regarding the serving of alcohol, if any, at the event and copies of the appropriate state liquor licenses where applicable. 18. A fee and stipulation section providing an estimate of all non-permit fees as detailed in Section 8-3-6 of this Article. All applicable Town Departments shall review the application and recommend stipulations that must be met by the applicant, at his own cost, to insure the health, safety and welfare of the public. Each Town Department and the Fire District shall provide cost estimates to be included on the application form. These fees, where applicable, include but are not limited to fees for law enforcement, traffic engineering services, field services,cleaning/damage deposits, and building safety inspections. 19. A certificate of insurance naming the Town as an additional insured must be on (itto file in the Clerk's office at least thirty (30)ten (10) days prior to the actual event. Such insurance is to be in limits of not less than $1 million combined single limit • personal injury and property damage covering owned and non-owned auto liability, premise liability and comprehensive general including product liability where indicated. An additional $2 million liquor legal liability policy naming the Town as an additional insured will be required for events serving liquor. A separate certificate of insurance for $1 million is required from all carnival and amusement companies. All companies must be licensed, or authorized to do business,in Arizona. 20. A certification statement including a liability release and indemnification agreement signed by an authorized agent. The statement shall include the applicant's acknowledgment that all transactions in the course of the event are subject to any applicable city, county and/or state sales tax and assurance that all event participants shall be notified regarding sales tax regulations. Section 8-3-6 Fees and Deposits Any application for a special event will be subject to the applicable deposits and fees as follows: A. A non-refundable application fee of five hundred dollars ($500) shall be submitted with each special event application. Applications received without the application fee will not be accepted. A commercial event sharing sponsorship with a charitable nonprofit (400, organization shall not be exempt from the$500 dollar application fee. DRAFT Special Event Policy Last printed 05/16/01 1:14 PM Page 6 of 8 "Legalese Committee" 4/28/01 Meeting B. Special event applications submitted by a charitable nonprofit organization as defined described in this article Section 8-3-2.B. shall pay an application fee of one hundred dollars ($100). Applications received without the application fee will not be accepted. C. If a major event application is approved by the Town Council for inclusion on the special event calendar,the applicant shall submit to the Town Clerk's office an amount of money equal to the estimate of all non-permit fees on the application as specified in Section 8-3- 5.C.18 of this Article. These fees may include but are not limited to permit fees, law enforcement,traffic engineering, field services, cleaning/damage deposit, building safety. The purpose of said fees is to fully compensate the Town for any personnel, equipment and other Town-borne expenses relating to processing and implementing a special event. {Local} charitable nonprofit organizations are exempt from non-permit fees except cleaning/damage deposits and rental fees where applicable. The Town reserves the right to require charitable nonprofit organizations to obtain felitsidel services such as law enforcement, security, emergency medical, {traffic engineering}etc. to insure that public safety standards are met. This exemption does not apply to commercial events sharing sponsorship with charitable nonprofit organizations. 1. This deposit Deposits and fees shall be paid to the Town not more than thirty (30) days after the Town Council approval of the specified in Section 8 3 7 below event. if the deposits and fees are not received within the specified time, the event will be administratively removed from the calendar by the Town Clerk and the event will be canceled. 2. A post-event Town expenditure review shall be conducted to determine the Town's actual event-related expenses. Depending on the results of this review and subsequent reconciliation, the Town shall refund any monies received by the applicant in excess of the actual amount expended by the Town or shall invoice the applicant for any additional Town-incurred costs not covered by the estimated deposit. Section 8-3-7 Major Event Calendar The following calendar is hereby established for any special event qualifying as a major event: A. In January of each year, the Town Council shall receive and consider a staff Throughout the year the Town Council shall receive and consider properly processed special event applications for inclusion on the major events calendar. The calendar will be for a one-year period commencing on January 1 and concluding on December 31. B. The major event calendar shall include no more than twelve (12) non-holiday major events as defined in Section 8-3-2 within each one-year period as described in Section 8- 3-7.A. C. Holiday events and grandfathered events as defined in Section 8-3-2 shall automatically be scheduled on the major event calendar on their regularly scheduled dates. Inclusion on the calendar does not exempt the event sponsor from submitting a special event DRAFT Special Event Policy Last printed 05/16/01 1:14 PM Page 7 of 8 "Legalese Committee" 4/28/01 Meeting (160, request and receiving Council approval. D. Exempted gfandfathefed and holiday events may occur regardless of the major events schedule providing all requirements of that Section are met. E. There shall be a minimum of twenty-five (25) days between the last day of one major non-holiday event and the first day of another major non-holiday event. F. Two or more separate events may not occupy the same location on the same calendar day. Event organizers may coordinate and combine their events and jointly file a special event application. Each separate organizer shall comply with all requirements of the special event application. Section 8-3-8 Criteria for Staff Recommendation and Town Council Approval The following criteria will be used when considering special event applications for inclusion on the major events calendar: set forth below. A. The event provides for the participation of local non-profit organizations who significantly benefit from the special event and who in turn share those benefits with the community. kr. B. The special event is widely attended and supported by the Fountain Hills community. C. The length of the event does not exceed the maximum length of time allowed by this • article. D. The conduct of the event, including street closures, detours and/or disruptions, do not substantially interrupt the safe and orderly movement of other traffic contiguous to its location or route. E. The nature, scope, location, and conduct of the event is not reasonably likely to cause injury to persons or property or create a hazard to the health, safety and welfare of the public and the surrounding properties or land uses. F. The event is consistent and/or compatible with other uses permitted in the zoning district and with community interests. G. The special event generates significant sales tax revenue for the Town of Fountain Hills to be used for community priorities. H. The special event application has been thoroughly completed, all requirements therein have been satisfactorily met and application fees have been submitted to the Town. I. The conduct of the event does not require the diversion of so great a number of Town staff to prevent normal service to the town or law enforcement officers of the Town to prevent normal police protection to the Town. DRAFT Special Event Policy Last printed 05/16/01 1:14 PM Page 8 of 8 ORDINANCE 01-09 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AMENDING THE TOWN CODE, CHAPTER 8, BUSINESS REGULATIONS BY ADDING ARTICLE 8-3 SPECIAL EVENTS CONSISTING OF SECTIONS 8-3-1 THROUGH 8- 3-8. BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS: Section 1. That the Town Code of the Town of Fountain Hills, Chapter 8, Business Regulations is hereby amended by the addition of Article 8-3 special events consisting of eight sections numbered and titled as set forth in Section 2 hereof. Section 2. ARTICLE 8-3 SPECIAL EVENTS 8-3-1 Purpose and Intent 8-3-2 Definitions 8-3-3 Exemptions 8-3-4 Permit Required 8-3-5 Permit Applications 8-3-6 Fees and Deposits 8-3-7 Major Event Calendar 8-3-8 Town Council Approval Section 8-3-1 Purpose and Intent It is acknowledged by the Town Council that special events potentially enhance the lifestyle of the citizens of Fountain Hills and create unique venues for expression, entertainment, and business that are not otherwise provided within the framework of the Town Code. The purpose of Article 8-3 is to establish a process for permitting and regulating certain temporary activities conducted on public property, or private property when public safety is impacted. This Article is intended to provide fair and reasonable regulations governing the time, place, and manner in which a special event may take place, and in doing so, provide for the health, safety and welfare of the public. Section 8-3-2 Definitions In this article, unless the context otherwise requires: A. "Block party" means the closure of a short cul-de-sac or a limited-portion of a two-lane local roadway for a period of less than six (6) hours for the purpose of a neighborhood gathering. Block party events are exempt from the special event process but do require (kw the administrative approval of a properly executed Special Event Permit Application For 1 Use Of Public Right-Of-Way form available from the office of the Town Clerk. (16, B. "Charitable nonprofit organization" means any person(s), partnership, association, corporation or other group whose activities are conducted for unselfish, civic or humanitarian motives, or for the benefit of others, and not for the commercial gain of any private individual or group and may include, but shall not be limited to patriotic, philanthropic, social service, welfare, benevolent, educational, civic, fraternal, cultural, charitable, scientific, historical, church, athletic or medical activities. Organizations may be required to provide proof of federal exemption under 26 U.S.C. Section 501 (c), Section 501 (d) or Section 501 (e) and rules and regulations of the Commissioner of Internal Revenue pertaining to the same. C. "Farmer's market", "bazaar days", "market days", "sidewalk sale", etc. means any outside retail activity on private property in a commercially zoned district temporarily extended beyond the normal venue/site of day to day business. D. "Grand-fathered event" means a major event that has annually occurred in the community for a period exceeding ten (10) consecutive years and continues to provide a significant benefit to local organizations, clubs, associations, community groups and the community as a whole. These events will annually appear on the event calendar but are not exempt from filing the appropriate application forms and receiving Council approval. E. "Holiday event" means an event which is related to a recognized holiday or seasonal event and includes the Thanksgiving Day Parade, the Sunrise Easter Service at Fountain Park, the July 4th celebration at Fountain Park, and the Holiday Lighting activities on the Avenue of the Fountains. These events will annually appear on the event calendar but are not exempt from filing the appropriate application forms and receiving Council approval. F. "Major event" means an event which will require the closing of any major or minor arterial town street, sidewalk or right-of-way for more than five (5) consecutive hours; and will have five hundred (500) or more participants or spectators; and will require municipal services. Major events shall not exceed a total duration in excess of eighty- five (85) hours. No more than twelve (12) major events, excluding holiday events, spaced twenty-five (25) days apart, may be scheduled during any one calendar year. G. "Minor event" means an event that is not a major event. H. "Special event" means any major, minor, holiday or grandfathered event that will take place on a town street, sidewalk or right-of-way, that could cause a significant disruption of pedestrians or vehicular traffic in the area and that requires traffic safety measures. An event that takes place on private property, does not require the closure of any Town street, sidewalk or right-of-way, and does not require any municipal services is not subject to the special event permit process. "Sponsor" means the applicant, organizer, operator or principal agent who is responsible for all aspects of the event's planning, implementation and conduct. L 2 LSection 8-3-3 Exemptions The only exemptions to the special event permitting requirements of this article shall be: A. Block parties as defined in Section 8-3-2 of this article. B. "Farmer's market", "bazaar days", "market days", "sidewalk sale", as defined in Section 8-3-2 of this article. Said activity is limited to four (4) times per year and requires the application and issuance of a temporary use permit from the Community Development Department. C. Garage sales, including carport and yard sales. While exempt from the special event permitting process, garage sales are subject to the following requirements: 1. The garage sale shall be carried on wholly within the property line on which the dwelling unit is located. 2. The garage sale must sell items that are primarily surplus to the residential use; i.e. the sale of 25 bicycles is not a garage sale. 3. The garage sale shall operate for not more than three consecutive days and can only be held four times within a calendar year at the same dwelling unit. L4. The garage sale and related activity shall be limited to the hours between 7:00 a.m. and 5:00 p.m. 5. Signs must comply with the sign regulations as designated in Chapter 6 of the Zoning Ordinance for the Town of Fountain Hills. D. Construction.activity within the public rights-of-way that have encroachment permits approved and issued by the Engineering Department. E. Holiday sales that are related to a state or nationally recognized holiday or seasonal event such as Christmas tree or pumpkin sales. Holiday sales must be set up and conducted in one location and obtain a temporary use permit through the Community Development Department. F. Fund-raising events held by charitable nonprofit organizations as described in Section 8- 3-2 of this chapter and that meet the following criteria: 1. The fund-raising event shall be carried on wholly within a religious related building, a public building, a commercial structure or wholly upon a clearly defined/designated piece of public or private property. 2. All proceeds derived from the event shall go to the charitable nonprofit organization. In the case of incidental sales derived from activities such as flea markets, proceeds shall go to the individual booth holder as long as the 3 transactions are non-commercial in nature. 3. There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare produced by the event. 4. If the fund-raising event involves outside activity, the operating hours shall be limited to the hours between 8:00 a.m. and 9:00 p.m. and limited to six (6) outside events per year per organization. 5. Adequate parking must be available for the fund-raising event. If outdoor events occupy more than twenty-five (25) percent of the area normally used for parking, creating the need for off-site parking and the possibility of traffic or safety hazards, Town officials shall be notified to determine if municipal services are required. 6. Signs must comply with the sign regulations as designated in Chapter 6 of the Zoning Ordinance for the Town of Fountain Hills. 7. A temporary use permit may be required through the Community Development Department. G. A governmental, educational, or religious organization acting within the scope of its functions. Section 8-3-4 Permit Required No person shall engage in, participate in, aid, form or start any special event as defined in this article without first obtaining a special event permit issued by the Town. Failure to comply with this requirement will constitute a violation of Town Code. Section 8-3-5 Permit Application A. Applications for special event permits shall be made on forms furnished by the Town Clerks office. Every application shall be accompanied by the appropriate application fee as provided in Section 8-3-6 below. B. If the event is designed to be held by, and on behalf of or for, any person other than applicant, the applicant for such permit shall file with the application a communication in writing from the person proposing to hold the event, authorizing the applicant to apply for the permit on his behalf. C. All applications for major events must be completed and submitted to the Town Clerk's office no less than ninety (90) days prior to the event in order to be considered for scheduling on the special event calendar as outlined in Section 8-3-7 below. Applications will not be accepted less than ninety (90) days prior to the event. LD. All applications for minor events must be completed and submitted to the Town Clerk's 4 office no less than thirty (30) days prior to the event. Applications will not be accepted less than thirty (30) days prior to the event. E. The application for a special event permit shall set forth, at a minimum, the following information: 1. The name, address, telephone number and driver's license number of the person seeking to conduct the special event. 2. If the event is to be conducted for, on behalf of, or by an organization or business, the name, address and telephone number of the headquarters of the organization, the authorized and responsible heads of the organization, the tax ID number, and fax number of the organization. 3. The name, address, work and home telephone numbers of the on-site event manager. 4. The name, address and telephone number of the promoter and sponsor of the event if different than the applicant. 5. If the event involves sponsorship or participation of a charity, the charity's name, current tax-exempt status number, and address will be required in addition to the telephone number of the charity. L 6. The name of the event and the location where the event is to take place. If the event is on private property, the owner's name. and telephone number. If applicable, the location shall include the route to be traveled, the starting and termination points, and any closures of streets, sidewalks or rights-of-way requested. A site plan of the event area must be included with the application. 7. A parking plan that is adequate to accommodate the anticipated attendees of the event. If parking is to be on private property, proof of permission of the property owner must be included with the application. Parking on the property must be adequate to serve any existing permanent uses as well as the special event use. 8. A description of the event including activities, anticipated attendance, entertainment, and type of retail sales. If there will be vendors, artists or concessionaires, supply a list including business names, owner names, booth numbers, addresses and Arizona state sales tax numbers. Any changes or additions shall be submitted to the Clerk's office prior to the end of the first day of the event. 9. The date and effective hours when the event is to be conducted. 10. The time at which persons involved in the event will begin to assemble or set up (kiw for the event. 5 (iv 11. The approximate number of persons, vehicles and equipment, if any, which will be involved in the event; the type of animals, and description of the vehicles or equipment, if any. 12. Information regarding the amount and type of advertising that will be done to promote the event. 13. Information on specific features of the event including, but not limited to, tents, canopies, open flames and cooking, fireworks, temporary fencing, temporary structures, first aid services, port-a-johns, waste control, generators, carnival/amusement rides, lighting, signs/banners, and inflatables. Information should include the company name, address, contact name and telephone number of the service provider. Event features may require inspection and/or special permits from building, engineering, fire, and/or health departments. The site of the event must be adequately served by utilities and sanitary facilities. 14. Description and location of town facilities i.e. electric and/or water that will be needed for the event. 15. A map and/or site plan clearly depicting the location of all signage, directional and/or promotional, that will be used in conjunction with the event. Signage shall not be posted earlier than two weeks prior to the first day of the event and must be (10w removed within 48 hours following the event's conclusion. 16. Information on event security and emergency medical services including company names, addresses, contacts, telephone numbers, and scheduled hours personnel will be at the event. 17. Information regarding the serving of alcohol, if any, at the event and copies of the appropriate state liquor licenses where applicable. 18. A fee and stipulation section providing an estimate of all non-permit fees as detailed in Section 8-3-6 of this Article. All applicable Town Departments shall review the application and recommend stipulations that must be met by the applicant, at his own cost, to insure the health, safety and welfare of the public. Each Town Department and the Fire District shall provide cost estimates to be included on the application form. These fees, where applicable, include but are not limited to fees for law enforcement, traffic engineering services, field services, cleaning/damage deposits, and building safety inspections. 19. A certificate of insurance naming the Town as an additional insured must be on file in the Clerk's office at least ten (10) days prior to the actual event. Such insurance is to be in limits of not less than $1 million combined single limit personal injury and property damage covering owned and non-owned auto (kw liability, premise liability and comprehensive general including product liability 6 where indicated. An additional $2 million liquor legal liability policy naming the Town as an additional insured will be required for events serving liquor. A separate certificate of insurance for $1 million is required from all carnival and amusement companies. All companies must be licensed, or authorized to do business, in Arizona. 20. A certification statement including a liability release and indemnification agreement signed by an authorized agent. The statement shall include the applicant's acknowledgment that all transactions in the course of the event are subject to any applicable city, county and/or state sales tax and assurance that all event participants shall be notified regarding sales tax regulations. Section 8-3-6 Fees and Deposits Any application for a special event will be subject to the applicable deposits and fees as follows: A. A non-refundable application fee of five hundred dollars ($500) shall be submitted with each special event application. Applications received without the application fee will not be accepted. A commercial event sharing sponsorship with a charitable nonprofit organization shall not be exempt from the $500 dollar application fee. B. Special event applications submitted by a charitable nonprofit organization as described in Section 8-3-2.B. shall pay an application fee of one hundred dollars ($100). (Ow Applications received without the application fee will not be accepted. C. If a major event application is approved by the Town Council for inclusion on the special event calendar, the applicant shall submit to the Town Clerk's office an amount of money equal to the estimate of all non-permit fees on the application as specified in Section 8-3- 5.C.18 of this Article. These fees may include but are not limited to permit fees, law enforcement, traffic engineering, field services, cleaning/damage deposit, building safety. The purpose of said fees is to fully compensate the Town for any personnel, equipment and other Town-borne expenses relating to processing and implementing a special event. Local charitable nonprofit organizations are exempt from non-permit fees except cleaning/damage deposits and rental fees where applicable. The Town reserves the right to require charitable nonprofit organizations to obtain services such as law enforcement, security, emergency medical, traffic engineering, etc. to insure that public safety standards are met. This exemption does not apply to commercial events sharing sponsorship with charitable nonprofit organizations. 1. Deposits and fees shall be paid to the Town not more than thirty (30) days after the Town Council approval of the event. If the deposits and fees are not received within the specified time, the event will be administratively removed from the calendar by the Town Clerk and the event will be canceled. 2. A post-event Town expenditure review shall be conducted to determine the (ilav Town's actual event-related expenses. Depending on the results of this review 7 and subsequent reconciliation, the Town shall refund any monies received by the applicant in excess of the actual amount expended by the Town or shall invoice the applicant for any additional Town-incurred costs not covered by the estimated deposit. Section 8-3-7 Major Event Calendar The following calendar is hereby established for any special event qualifying as a major event: A. Throughout the year the Town Council shall receive and consider properly processed special event applications for inclusion on the major event calendar. The calendar will be for a one-year period commencing on January 1 and concluding on December 31. B. The major event calendar shall include no more than twelve (12) non-holiday major events as defined in Section 8-3-2 within each one-year period as described in Section 8- 3-7.A. C. Holiday events and grandfathered events as defined in Section 8-3-2 shall automatically be scheduled on the major event calendar on their regularly scheduled dates. Inclusion on the calendar does not exempt the event sponsor from submitting a special event request and receiving Council approval. D. Exempted and holiday events may occur regardless of the major event schedule providing all requirements of that Section are met. E. There shall be a minimum of twenty-five (25) days between the last day of one major non-holiday event and the first day of another major non-holiday event. F. Two or more separate events may not occupy the same location on the same calendar day. Event organizers may coordinate and combine their events and jointly file a special event application. Each separate organizer shall comply with all requirements of the special event application. Section 8-3-8 Criteria for Staff Recommendation and Town Council Approval The following criteria will be used when considering special event applications for inclusion on the major event calendar: A. The event provides for the participation of local non-profit organizations who significantly benefit from the special event and who in turn share those benefits with the community. B. The special event is widely attended and supported by the Fountain Hills community. C. The length of the event does not exceed the maximum length of time allowed by this article. 8 D. The conduct of the event, including street closures, detours and/or disruptions, do not substantially interrupt the safe and orderly movement of other traffic contiguous to its location or route. E. The nature, scope, location, and conduct of the event is not reasonably likely to cause injury to persons or property or create a hazard to the health, safety and welfare of the public and the surrounding properties or land uses. F. The event is consistent and/or compatible with other uses permitted in the zoning district and with community interests. G. The special event generates significant sales tax revenue for the Town of Fountain Hills to be used for community priorities. H. The special event application has been thoroughly completed, all requirements therein have been satisfactorily met and application fees have been submitted to the Town. I. The conduct of the event does not require the diversion of so great a number of Town staff to prevent normal service to the town or law enforcement officers of the Town to prevent normal police protection to the Town. L PASSED AND ADOPTED by the Mayor and Common Council of the Town of Fountain Hills, Arizona this 17th day of May, 2001. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: (fAtAAA:t.- _Q3 LIAA-4--- - or Sharon Mayor Vi LC_ n'\.a.jrr 1)-Dd ^- Cassie B. Hansen, Town Clerk REVIEWED BY: APPROVED AS TO FORM. s 'ya At-d4f Paul L. ordin,Town Manager William E. Farrell,Town Attorney L 9 When recorded, return to: Engineering Department Town of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 2001-22 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 EASTERLY LOT LINE OF LOT 68, BLOCK 2, OF PLAT 428, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 155 OF MAPS, PAGE 19, 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 LWHEREAS, All present utility companies have received notification of th e proposed abandonment; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That the certain ten (10) foot public utility and drainage easements, located along the easterly property lot line of Plat 428, Block 2, Lot 68, Fountain Hills, Arizona; as shown in Exhibit "A"; as recorded in book 155 of maps, page 19 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 68 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 2001-22 Page 1 of 2 LPASSED AND ADOPTED this 17tt day of May 2001. ATTEST: FOR T E TO N OF FOUNTAI HILLS eitiAnA-Akt Cassie B. Hansen, Town Clerk Sharon Morgan, Mayor R IE ED B : APPROVED AS TO FORM: - G P ul . o in, Town Manager William E. Farrell, Town Attorney L Resolution 2001-22 Page 2 of 2 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT (iii., EXHIBIT "A" PLAT 428 BLOCK 2 LOT 68 2s/ s" ,,, / Q' <v / 69 a=p18'41" / / R=45.00' 460. /�, / 26.16' \ 00 s. /o / d=53'46'33" •4ir' /Q / R=45.00' / L=42.24' //� / 82 ABANDON 10' PUBLIC / ► ' UTILITY do DRAINAGE / / EASEMENT � / 68 ' / -1• /c° / 1.3 01 /,a � o �' . o. ' Q/' 83 67 / ' / ' / / / / / / / / / p l_hlyli`.„, / :-.,e •.,,\ :..., _ , (:: __ ___ / ,, 1 1654.5 / / 8 4 �s :��f. � ; i Ls ----- ---- ----. ---- ---... ---. (9\°41\2o,1A, U• SCALE: 1 "=50' DATE: 5-1-01 1 of 2 Chron 112 (kW 44940( NIP a Town of FOUNTAIN HILLS � °"°' ' �° Engineering Department • Esc 1989 • �that is itiOr MEMORANDUM TO: Honorable Mayor and Town Council FROM: Art Candelari. Civil Engineer REVIEWED: Rand rrel, n Engineer V THROUGH: Paul L. o •' ,•wn Manager DATE: May 8, 2 01 RE: Easement Abandonment 01-07; Resolution 2001-23 15466 E. Cavern Drive Plat 602-A, Block 1, Lot 42 Jim and Carolyn Wendelken 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 westerly property line of Lot 42, Block 1, Plat 602-A, (15466 E. Cavern Drive) as shown in Exhibit "A". The properly owners of Lot 42 desires the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. Staff has received no comments to date from the adjacent property owners. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot-to- lot drainage runoff. The property owners of Lot 42 are required to pass the developed flows generated by the upstream lots across their property. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. Salt River Project and Cox Communications have noted the presence of their existing facilities in the front yard of this property. The Town is therefore stipulating that a 10 x 20' Public Utility Easement be granted at the southeast corner of the lot as a condition of this abandonment, for existing and potential future utility boxes. EA01-07;Plat 602-A,Blk 1,Lot 42 15466 E.Cavern Dr.(Wendelken) 16836 East Palisades Boulevard,Building C—P.O.Box 17958—Fountain Hills,Arizona 85269—(480)837-2003—FAX: (480)837-1404 2 of 2 Chron 112 (kW Staff recommends adoption of Resolution 2001-23, subject to the following stipulation: • That the applicants grant a 10' wide by 20' deep public utility easement for the existing Salt River Project transformer and pedestal located at the front of the property, between Lots 42 and 43. jb aft. cc: Jim&Carolyn Wendelken M/M Rizzo M/M Roza M/M Ortinau D. Kraatz (to EA01-07;Plat 602-A,Blk 1,Lot 42 15466 E.Cavern Dr.(Wendelken) 16836 East Palisades Boulevard,Building C—P.O.Box 17958—Fountain Hills,Arizona 85269—(480)837-2003—FAX: (480)837-1404 When recorded, return to: Engineering Department Town of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 2001-23 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 WESTERLY LOT LINE OF LOT 42, BLOCK 1, OF PLAT 602-A, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 161 OF MAPS, PAGE 42, 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 LWHEREASI All present utility companies have received notification of the proposed abandonment; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That a portion of the certain ten (10) foot public utility and drainage easements, located along the westerly property lot line of Plat 602-A, Block 1, Lot 42, Fountain Hills, Arizona; as shown in Exhibit "A"; as recorded in book 161 of maps, page 42 records of Maricopa County, Arizona; are hereby declared to be abandoned by the Town of Fountain Hills. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 42 are required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting therefrom or existing previous to any action by the Town. 4/00 Resolution 2001-23 Page 1of2 PASSED AND ADOPTED this 17t day of May 2001. ATTEST: FOR T N OF FOUNTAIN HILLS Ct4144;k-C6 )j(A11-' Cassie B. Hansen, Town Clerk Sharon Morgan, Mayo REVIE D BY: APPROVED AS TO FORM: - / , / /71Z._ --__.____- op//.04lietzavt. ;p / aul L. N in, Town Manager William E. Farrell, Town itorney L L Resolution 2001-23 Page 2 of 2 TOWN OF FOUNTAIN HILLS L EASEMENT ABANDONMENT EXHIBIT "A" PLAT 602A BLOCK 1 LOT 42 / / / / / / / / a/ / �/ � / ,./ �/ 41 / 6 / / / ! / N6875'00. // ./ w\'25.2 . / / 9 7- / 44, ABANDON 10' PUBLIC / UTILITY do DRAINAGE 2S / / EASEMENT• es2S 42 00 / / h / ,� o 5 / o /- ' 73, /�. w,,25 , a / Oc /� 29 / o /4'a- / 43 / ., 7 / / V / °./ AN• // c'/ :6‘F10 4- GPt / Q/ fc 16345 / o/ 1 RANDY L. / / 44 a HARFEL , .' �'S '' rzn A, J r G A LE: 1"=50' DATE: 5-1-01 Chron 115 -$ITTAIAT.kt,„ (kur 4490( �i cI3 Town of FOUNTAIN HILLS c. �r.n► , do Engineering Department '14Ptbat is MEMORANDUM TO: Honorable Mayor and Town Council FROM: Art Ca elaria, Civil Engineer REVIEWED: Randy H rrel, To Enginee THROUGH: Paul L. • Tr n Manager DATE: May 8, 0 RE: Easement Abandon ent 01-008; Resolution 2001-24 16805 N. Aspen Drive Plat 505-D, Block 2, Lot 24 James and Paula Hughes This item on the Town Councils agenda is a proposal to abandon the twenty(20) foot public utility and drainage easements located at the northerly property line of Lot 24 and the ten (10) foot public utility and drainage easements located on the easterly property line of Lot 24, Block 2, Plat 505-D, (16805 N. Aspen Drive) as shown in Exhibit "A". The property owners of Lot 24 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 southerly 20' of the easterly 10' public utility easement will be retained for existing and potential future utility boxes. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot-to- lot drainage runoff. The property owners of Lot 24 are required to pass the developed flows generated by the upstream lots across their property. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. Staff recommends adoption of Resolution 2001-24. jb att. (ire cc: James &Paula Hughes James Ware EA01-08;Plat 505-D,Blk 2,Lot 24(16805 N.Aspen Dr.)Hughes 16836 East Palisades Boulevard,Building C—P.O.Box 17958—Fountain Hills,Arizona 85269—(480)837-2003—FAX: (480)837-1404 Form 105 3/94 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL s4 Ly 800 W. Washington, 5th Floor 400 W. Congress, #150 Phoenix, AZ 85007 �` o Tucson, AZ 85701 (602) 542-5141 (602) 628-6595 APPLICATION FOR EXTENSION OF PREMISES/PATIO PERMIT [9/Temporary change for date(s) of: /41 A-y ) , O I ❑ Permanent change of area of service 1. Applicant's Name: f�-e.iV n/ c 1 F I e o w iNA of 2. Mailing Address: 1 7 0S 3 C w Z.lr2 L O I O P I rV i L S 4-2 S-4,1 6&- Street City State Zip 3. Business Name: /4 -t 2 i c rq i 0 P o Sic'LICENSE # /4/0 7 3 o d c/ i /4�. 4. Business Address: / 117 vac d i, FT A/ t`r n/ 14 t 1.Ls mg i2 tc oppt s"1 - Street City County State ZiP 5. Residence Phone: 74-0 " 5 3 7 ~ y'1 -2 Business Phone: /4 g o 3/7-' 5 9 -S 8 6. Are you familiar with Arizona Liquor Laws and Regulations? LWJ' Yes El No 7. What security//precautions will be takeno prevent liquor violations in the extended area? �J CN.cC S •ec ,,J(2. i o+n .n177214nic-eS F )0 I S-c LT 774 c/. J d p4 V _d se..-. 8. Does this extension bring your premises within 300 feet of a church or school? ❑ Yes 9. IMPORTANT: ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING YOUR LICENSED PREMISES AND WHAT YOU PROPOSE TO ADD. After completing sections 1-9 bring this application to your local Board of Supervisors, City Council or Desi nate for their recommendation. This/ ge in premi s RECOMMENDED by the local Board of Supervisors, City Council or Designate: Or S—I 7-0 1 (Authoriz d S e) (Title) (Agency) • gna I E/✓N6- /J. 0€Jiro') , being first duly sworn upon oath, hereby depose, swear and declare, under penalty of perjury, that I am the applicant making foregoing application and that said application has been read and that the ntents thereof and all statements contained therein are true, correct and complete. X £ SUBSCRIBED IN M PRESENCE AND SWORN TO before me this 1'' dayof /Z-/4v icant's Signature � -; OFFICIAL WI. _ M LANE P . , - _ —r- --€ 4.4/-42" Liy commission expires o � �,=_�._�'r=� "•: •' �'°°- (A M,poem swims Nov.4.,002 (Signature of NOTARY PUBLIC) Investigations Recommendation: Date: Licensing Approval: Date: EXTENSION C f. , Li /1 P..:1A.- r,R,,:I1 L . , ,, . NOTE: (.5 - SECURITY RDSITIOUS Li dole:: `I-EMf)RARY BARRIER I -r 1-11614 NI\ . °) Go' — -- -- —'=1 --, -- —-- -- F RKIUG LOT — - :: `n t -- - 1 5, - 1 D --=-- - -3 ---- __1 _.-_--_-; SIDEWALK ---- —_ ---___ __ (r) MEN S O ` . gAR I RESTROO'A 1 1 0 ' ... SERvIRG AREA 1 L 0 . (N. \ . cs) ____ BAR nMER,cn>v LEG 101\! t3U 1 L>>OE; �i 1� :, ` 1t850 E./WE c.,F TO E POU UT/I I•1 (- , SUITE ki-IOZ WOMEn1S -4% - (APPRov. f 0o'sci.t=r.) R ESTRoOM . t L , i I cs 5 v -- a w . lL O ,„,,„1 1,••s.,y - _.-(\ ----4-.--- - -. .__ c� Z 2 (111.11 (, ill 0 �:P . 0 AMERICAN LEGION Z' PO ST#58 (kw ��'--- FOUNTAIN HILLS ARIZONA < 16850 Avenue of the Fountains (602)837-5958 TO WHOM IT MAY CONCERN. The following businesses located at 16850 Ave of the Fountains have no objections to the American Legion being granted an extension of premises for a special event on the following dates: d© SHEAR POINT HAIR DESIGN TIME--IN RESIGN (c-77.1 ter_ • • L • •