HomeMy WebLinkAbout2019.1023.TCSM.AgendaPackete, 'f �
- NOTICE OF MEETING
— SPECIAL MEETING
fo11-N�,OO FOUNTAIN HILLS TOWN COUNCIL
Mayor Ginny Dickey
Vice Mayor Sherry Leckrone Councilmember Mike Scharnow
Councilmember Dennis Brown Councilmember David Spelich
Councilmember Alan Magazine Councilmember Art Tolis
TIME: 7:30 P.M. — SPECIAL MEETING
WHEN: WEDNESDAY, OCTOBER 23, 2019
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the
Town's various Commission, Committee or Board members may be in attendance at the Council meeting.
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right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings
of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be
subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such
recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a
child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S.
§1-602.A.9 have been waived.
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Town Council Special Meeting of October 23, 2019 2 of 2
NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION
Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Town Council, and to the general public, that at
this meeting, the Town Council may vote to go into executive session, which will not be open to the public, for legal advice and
discussion with the Town's attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S.
§38-431.03(A)(3).
CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Ginny Dickey
2. ROLL CALL — Mayor Dickey
3. REGULAR AGENDA
A. CONSIDERATION OF Resolution 2019-52 approving a Development Agreement associated
with the Daybreak P.A.D. rezoning located at the northeast corner of Palisades and Shea
Boulevards.
4. ADJOURNMENT
CERTIFICATE OF POSTING OF NOTICE
The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed
by the Town Council with the Town Clerk.
Dated this day of 12019.
Elizabeth A. Burke, MMC, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call480-816-5199 (voice) or
1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the 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.
Meeting Date: 10/23/2019
Agenda Type: Regular Agenda
ITEM 3. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Type: Town Council Special Meeting
Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: John Wesley, Development Services Director
Request to Town Council Special Meeting (Agenda Language): CONSIDERATION OF Resolution
2019-52 approving a Development Agreement associated with the Daybreak P.A.D. rezoning
located at the northeast corner of Palisades and Shea Boulevards.
Staff Summary (Background)
Update
On October 1, 2019, the Town Council held a public hearing to review and consider the Minor General
Plan Amendment, the Rezoning, and the associated Development Agreement for the proposed
Daybreak development at Palisades and Shea. The Council voted to approve the Minor General Plan
Amendment and the Rezoning. After some discussion, no action was taken on the Development
Agreement. No changes have been made to the Development Agreement as provided on the October 1,
2019 agenda.
Discussion
Hilltop Vista Properties, LLC has submitted to the Town a request for rezoning and development of
property at the northeast corner of Palisades and Shea Boulevards. The rezoning would allow for
development of a 400 unit apartment complex on approximately 60 acres. The development will
include an area restricted to apartments for those who are 55+, an area for unrestricted apartments,
and a large open space area. The applicant has requested Town approval of a Development Agreement
to address and reinforce several provisions of the P.A.D.
Section 2 of the development agreement establishes a term of 10 years. For the development
agreement to continue in force, the property would need to begin vertical construction, more than
grading, within the 10 years.
Section 5 of the development agreement establishes the provisions of the agreement. These include:
• Section 5.1 states the sole purpose of the development agreement is to provide for deviations
from the Subdivision Ordinance and Zoning Ordinance.
• Sections 5.2.1 and 5.2.2 establishes the vesting of the zoning.
• Section 5.3.1 sets 400 as the maximum number of dwelling units.
• Section 5.4 lists the requested deviations from the Subdivision Ordinance which includes
allowances to not provide handrails on the top of certain retaining walls, cuts and fills in excess of
10', and steep grades on cuts and fills.
• Section 5.5 establishes the zoning standards to be as approved in the P.A.D.
• Section 5.6 address miscellaneous engineering matters.
Section 6 of the development agreement addresses miscellaneous other obligations of both parties. In
particular, Section 6.1 obligates the developer to a minimum of 33 acres of non -disturbance area that
will be protected by a Hillside Protection Easement.
Section 7 of the development agreement establishes obligations of the developer. Section 7.2 states
the developer has 180 days to complete acquisition of the property. If that is not accomplished by the
developer or an affiliate, the development agreement shall automatically terminate. The developer is
obligated to all public improvements (Sec. 7.3), to provide a performance bond (Sec. 7.5), and to
provide shuttle service for 55+ portion of the development (Sec. 7.9).
Staff is in support of all elements contained in the development agreement.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
The proposed development agreement does not obligate the Town to any actions beyond normal
processing and inspection activities associated with development activity. The development agreement
reinforces the same standards that will be approved as part of the P.A.D. zoning. Staff does not see any
risk with approval of the development agreement.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendations)
The development agreement reinforces the development standards provided for in the associated
Daybreak P.A.D. rezoning application; therefore, staff recommends approval of the Development
Agreement.
SUGGESTED MOTION
MOVE to ADOPT/DENY Resolution 2019-52.
Daybreak PAD Narrative
Res 2019-52
Exh. A - Development Agreement
Attachments
Form Review
Inbox Reviewed By Date
Development Services Director (Originator) John Wesley 10/17/2019 03:09 PM
Town Attorney Elizabeth A. Burke 10/17/2019 05:15 PM
Town Manager Grady E. Miller 10/17/2019 05:17 PM
Form Started By: John Wesley Started On: 10/17/2019 02:29 PM
Final Approval Date: 10/17/2019
P.A.D. Application
Revised & Resubmitted: May 15, 2019
DATE RECEIVED
Dept. Init.
Not Notes
App-
Building
P&7_
F'tg —
Sewer
Flood
Fire
Fountain Hills, Arizona
Z2018-10 M#9396
DAYBREAK PAD
10825 N Palisades Blvd
3rd Submittal 05/15/2019
Table of Contents
I. Introduction.....................................................
A. The Property ........................................
B. The Owner ...........................................
C. The Applicant ......................................
D. The Managers ......................................
E. The Development Team .......................
I
Page
................................................................ 3
.............................................................. 3
................................................................... 6
................................................................... 6
................................................................... 6
................................................................... 7
II. Project Narrative.................................................................
A. Land Use.................................................................
B. Parking Waiver .......................................................
C. Signage Waiver .......................................................
D. Reduced Disturbance ..............................................
E. Cut & Fill Waiver .....................................................
F. Ingress & Egress Approval .......................................
III, Development Standards .............................................
................................................. 8
................................................. 8
................................................. 9
...............................................10
...............................................10
...............................................12
...............................................14
.........................................15
IV. Site Development Concept Objectives....................................................................................19
A. Conformance with General Plan & P.A.D. Standards..................................................19
B. Architectural Concepts (Perspective Renderings, Elevations & Sections) ....................22
C. Orderly Transition Concepts......................................................................................31
i. Open Space................................................................................................... 31
ii. Disruption to Neighbors................................................................................31
iii. Land Use Compatibility..................................................................................35
D. Design Philosophy & Environmental Quality..............................................................35
E. Landscape Plan..........................................................................................................37
V. Community Facilities Impact..................................................................................................41
A. Traffic........................................................................................................................41
B. Public Services...........................................................................................................42
C. Environment & Sustainability.....................................................................................43
D. Commerce.................................................................................................................43
VI. Phasing Plan ................................................
VII. Addendum........................................................................
A.
Plat
B.
Circulation Plan
C.
Master Grading Plan
D.
Copper State Engineering Cut & Fill Slope Opinion
E.
Master Drainage Plan
F.
Master Water Plan
G.
Master Sewer Plan
H.
Utility Company Letters
I.
Traffic Analysis
J.
Power of Attorney
........................................... 44
............................................. 46
DAYBREAK— Planned Area Development
K. Title Report
Exhibits
2
1. Proximity Map..........................................................................................................................3
2. Assessor's Map...................................................................................................... 4
3. Aerial View...............................................................................................................................4
4. Site Plan...................................................................................................................................5
5. Zoning Classifications Before & After
........................................................................................8
6. Slope Analysis................................................................................................................
11
7. Existing Unretained Slopes in Excess of 3:1.............................................................................12
S. Proposed Development Cuts & Fills
.........................................................................................13
9. Site Ingress & Egress
..............................................................................................................14
10. Project Rendering from Shea Blvd...........................................................................................
23
11. Project Rendering from Palisades Blvd
....................................................................................24
12. MFR Main Building Elevations................................................................................................25
13. MFU Typical Building Elevations.............................................................................................26
14. Site Section.............................................................................................................................
30
15. Conference Hotel Plan vs Multifamily Plan Visual Comparison................................................32
16. View from Summit at Crestview..............................................................................................
34
1Z View from Westridge Village
..................................................................................................34
18. Landscape Plan......................................................................................................................38
19. Resort -Style Living Amenity Areas...........................................................................................
40
20. Emergency Response 5-Minute Polygon Map—, . ....................... — .........................................
42
Full size architectural and engineering drawings provided under separate cover.
DAYBREAK— Planned Area Development
I. Introduction
A. The Property
Exhibit 1- Proximity Map
3
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SCOTTSDALE
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DAYBREAK — Planned Area Development
The Property is 59.79 acres, more
or less, at the northeast corner of
East Shea Boulevard and North
Palisades Boulevard being Lot 1
and Tract A, Fountain Hills Resort
Final Plat, According to Book 597,
Page 42, Records of Maricopa
County, Arizona.
Tract A (36.75 acres) is zoned OSR
and no change to the land use
category is proposed. A short
driveway entrance, utilities and
drainage improvements with
access to Palisades will occupy a
portion on the west side of the
OSR area.
'4
Lot 1(23.04 acres) is zoned P.U.D. t`
for a large conference hotel and
is proposed to be down zoned to v
multifamily with this P.A.D.
application.
Exhibit 2 — Assessor's Map
Lot 1-23.04+1- acres
I
59.79+Y- acres
Exhibit 3 - Aerial View
Tract A - 36.75+1. acres
4
5
Exhibit 4 — Site Plan
Full size Site Plan at 1:100 scale is provided under separate cover
DAYBREAK — Planned Area Development
6
B. The Owner
Pacific FH Resort, LLC, a Delaware limited liabilty company
1701 E. Highland, Suite 310
Phoenix, AZ 85016
Tony Feiter, Contact
Telephone: 602.248.8181
Email: tonyPlevineinvestments.com
C. The Applicant
Hilltop Vista Properties, LLC, an Arizona limited liability company
14550 North Frank Lloyd Wright Boulevard, Suite 100
Scottsdale, Arizona 85260
Jeremy Hall, Manager Neil Ginsberg, Manager
Telephone: 602.421.5848 Telephone: 602.469.8109
Email: igh@phxinterests.com Email: nginsberg@pd-llc.com
The Applicant has authority to submit this P.A.D. application through a Limited Power of Attorney
granted by the owner of the Property, Pacific FH Resort, LLC. A copy is included in the Addendum.
D. The Managers
Jeremy Hall has been active in real estate development for over 30 years. He worked for MCO
Properties, the master developer of Fountain Hills, for 18 years and was the company president
for last twelve years. Mr. Hall has worked exclusively in real estate planning, development,
finance and management of commercial and residential properties throughout the southwestern
U.S. and Puerto Rico throughout his career and is experienced at hillside development. His past
Fountain Hills projects include Adero Canyon, Eagles Nest, FireRock Country Club and SunRidge
Canyon. He is a licensed real estate broker in Arizona and former MAI member of The Appraisal
Institute.
Neil Ginsberg has been active in real estate development and brokerage for over 30 years. He is
the founder of Pinnacle Diversified and its related companies, a real estate development and
syndication company with 60+ projects including 4 diamond resorts (including the Copperwynd
Resort & Spa in Fountain Hills), millions of square feet of commercial and industrial buildings,
senior living projects and over 10,000 apartments. He is the co-founder of Dynamic Water
Technologies, a company exclusively distributing a patented technology for an environmentally -
friendly and sustainable, electro-chemical water treatment process that saves millions of gallons
of water and virtually eliminates the use of hazardous chemicals in certain water treatment
applications. Previously, Mr. Ginsberg was the CEO of NAI Horizon in Phoenix, a commercial real
estate brokerage and management company.
DAYBREAK — Planned Area Development
The Development Team
7
• Beus Gilbert (Land Use Attorney)
701 North 44" Street, Phoenix, Arizona 85004
Contact: Paul Gilbert, esq.
Telephone: 480.429.3000
Email: pgilbertPbeusgilbert.com
• David Suson, esq. (Contracts and Transactions)
109 Cherrywood, Bellaire, Texas 77401
Telephone: 713.560.2374
Email: dsuson ahoo.com
• LD Team (Civil Engineering)
3420 East Shea Boulevard, Phoenix, Arizona 85028
Contact: Jonathon Stansel, P.E.
Telephone: 602.396.5700
Email: istansel(@Id-team.com
• Whitneybell Perry (Architecture)
1102 E Missouri Avenue, Phoenix, Arizona 85014
Contact: Mike Perry, AIA
Telephone: 602.265.1891
Email: mike@whitneybeliperry.com
• Survey Innovation Group (Plat & Survey)
22425 North 16th Street, Suite 1, Phoenix, Arizona 85024
Contact: Jason Segneri
Telephone: 480.922.0780
Email: iason(@sigsurveyaz.com
• CivTech Inc. (Traffic Engineering)
10605 North Hayden Road, Suite 140, Scottsdale, AZ 85250-5595
Contact: Joseph Spadafino, P.E., PTOE, PTP
Telephone: 480.659.4250
Email: Ispadafino@civtech.com
• Western Technologies, Inc. (Environmental)
3737 East Broadway Road, Phoenix, Arizona 85040
Contact: Steven Smelser, R.G.
Telephone: 602.437.3737 ext. 112
Email: s.smelser@wt-us.com
+ Paleo West Archaeology (Cultural Resources)
319 East Palm Lane, Phoenix, Arizona 85004
Contact: Chris North
Telephone: 602.363.7451
Email: cnorth@paleowest.com
DAYBREAK — Planned Area Development
H. Project Narrative
This is a request to change the existing land use with respect to 23.04 acres from the existing L-3
P.U.D. for a mixed -use 233-room, 5-story conference hotel and 36 2-story residences to a P.A.D.
for up to 400 multifamily residential dwellings and related amenities being a mixture of 1-, 2- and
3-story buildings.
A. Land Use
Reclassification of land uses will result in two separately platted lots within the Property:
Lot 1A: MFU - Multifamily Unrestricted - Up to a 270-unit garden -apartment
multifamily community with a mixture of studio, 1-, 2- and 3-bedroom units.
Lot 113: MFR - Multifamily Restricted - Up to a 130-unit multifamily and townhome
community restricted for residents aged 55 and older with a mixture of studio,
1- and 2-bedroom units.
The Property may include amenities customarily ancillary to these primary uses including
garage & covered parking; clubhouses; lounges; fitness facilities; barbeques; private
dining facilities; fire pits; vending facilities; community patios with cabanas; gardens; and
recreation facilities such as swimming pools, sport courts, putting greens, etc. Exhibit 3
identifies current and proposed land uses of the Property as well as surrounding uses
within 300 feet of the property.
Exhibit 5 - Zoning Classifications Before and After
Existing & Surrounding Land Use Proposed Land Use of the Property
DAYBREAK — Planned Area Development
9
B. parking Waiver
MFU may have parking ratios below the typical Fountain Hills standards, which are higher
than needed for the Project. This is necessary to accommodate sloped site conditions
and to optimize land area for open space and impervious coverage. The ITE Parking
Generation, 4th Edition, documents the demand for parking spaces based upon the land
use through actual parking demand studies. The parking rates published in the manual
for ITE land use code "221a - Low/Mid-Rise Apartment (suburban)" is 1.23 spaces per
dwelling unit.
For MFR parking, Fountain Hills has not codified parking standards for age -restricted
multifamily residential at this time. The standard demand published by ITE for land use
code "252 Senior Adult Housing - Attached" is 0.59 spaces per dwelling unit. Van
transportation is furnished by property management as a service to residents, so few have
private vehicles.
We consulted the Phoenix and Scottsdale zoning regulations as an additional guide to
validate our parking demand estimates. The P.A.D. parking standards shall meet or
exceed in each category the ITE standard and the minimum Phoenix and Scottsdale
standards thereby ensuring parking within the P.A.D. will be adequate.
Minimum Parking Ratios for MFU Area
Dwelling Type
Phoenixtll
Scottsdale (2)
Fountain Hills
ITE
MFU Minimum
Parking Ratio
Studio
1.30
1.25
1.50
1.30
1 Bedroom
1.50
1.30
1.50
-
1.50
2 Bedroom
1.50
1.70
2.00
-
1.70
3 Bedroom
2.00
1.90
2.00
--
2.00
Other/Guest
none
none
0.25
-
0.10
Minimum Parking Ratios for MFR Area
Dwelling Type
PhoenixM
Scottsdaiel2l
Fountain Hills
ITE
MFR Minimum
Parking Ratio
Independent Living (1/2 BR)
1.00
1.25
NA
--
1.00/unit
Specialized Care (Studio)
0.50
0.70
NA
--
0.70/unit
Notes:
(1) Section "702 Off -Street Parking and Loading' of the Phoenix Zoning Ordinance. Guest parking is included so long as there are
unreserved spaces equal to 0.5 for 1- and 2-bedroom units and 1.0 for 3-bedroom units. rar adult living and assisted care,
parking ratios equate toO.5 per occupant and assumes 1 occupant/unit in the specialized care and 2 occupants/unit in the
independent living.
(2) Per "Table 9.103.A Schedule of Parking Requirements" of Article IX of the Scottsdale Code of Ordinances. Adult living and
specialized care is on a "per bed" basis.
(3) Weighted averages for MFU is based upon the expected unit mix of 4% studios, 30% 1-bedrooms, 6c)% 2-bedrooms and 6% 3-
bedrooms. Weighted averages for MFR is based upon the expect unit mix of 77% independent living units and 23% specialized
care units. This unit mix changed from the 12/27/18 submittal reducing the number of3 bedroom units and adding studio units.
Parking garages shall be allowed in MFU and MFR with a minimum depth of 20feet. There
shall be a front apron of no less than 4 feet from any drive aisle.
DAYBREAK - Planned Area Development
10
C. Signage Waiver
The MFU and MFR property shall be permitted shared signage on Shea Boulevard and
Palisades Boulevard. A monument sign for Shea Boulevard shall not exceed 10 feet in
height and 14 feet in width with a 10 foot by 10 foot sign box. A monument sign for the
southern entrance on Palisades Boulevard shall not exceed 8 feet in height and 10 feet in
width with an 8 foot by 8 foot sign box.
A second smaller sign on Palisades at the northern entrance to the MFU property for shall
be permitted and shall not exceed 6 feet in height and 8.5 feet in width with a 6 foot by 6
foot sign box. The Applicant feels this second Palisades location is warranted to identify
a second point of acceess for emergency vehicles.
D. Reduced Disturbance and additional HPE Area
Per Article 5 of the Subdivision Ordinance, the right of disturbance for the Property based
upon the existing natural grades is as follows:
Slope
Category
Area(acres) I
Preservation
Requirement
Disturbance
Allowance
Developable
Area (acres)
00/0-5%
0.3630
0
100%
0,3630
5%-10%
3.1010
0
1000/0
3.1010
100/0-15%
11.6210
0
10w%
11.6210
15%-20%
12.6490
0
1000/0
12.6490
20%-25%
13.3300
60%
40%
5.3320
>25%
18.5940
60%
40%
7.4376
Total developable Area (acres)
40,5036
As part of the P.A.D., the proposed improvements will disturb only about 26 acres. This
is FAR LESS than the allowable disturbance of 40.5 acres per the Property's slope analysis.
The total undisturbed area of approximately 33.8 acres will be placed into a Hillside
Protection Easement as shown on the Plat in the Addendum. Of the 26 acres of
disturbance, nearly %Z of that will be open space either enhanced with landscaping and
common outdoor amenities or revegetated to return to its natural state.
DAYBREAK —Planned Area Development
Exhibit 6 — Slope Analysis
11
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49
-�LCTU. ANAY51.5 rLAN
► s,t
LEGEND
5LOrrn rtRcENTAGF5
'i
0% TO 5%
�►
5% TO fO%
%L
JO%a TO 15%
`
r
15% TO 20%
• 20% TO 25%
• > 25%
J/
a
5tiEA DoUtr-VARD
Slope
I.Area(acres)
Preservation
�Requjrement�Allovwance
Disturbance
Developable
Category
Area (acres)
0%-5%
0.3630
0
100%
0.3630
5%-10°!o
3.1010
0
100°/a
3.1010
10%-15%
11.6210
0
100%
11.6210
1S%-20%
12.6490
0
Iowa
12,6490
20%-25%
13.3300
60%
40'0
5.3320
>25%
18.5940
60%
40%
7.4376
Total Developable Area (acres)
40.5036
Full size Exhibit is provided under separate cover
DAYBREAK — Planned Area Development
J
12
E. Cut and Fill Waiver
The Applicant will reduce the height of the crest of the hill, grade slopes and fill voids to
allow for safe access, efficient development of buildings terraced on hillside grades and
compliance with the Americans with Disabilities Act (ADA). As shown on Exhibit 6 the
exceptions are requested for cuts and fills for the development of allowable uses, parking,
sidewalks and signage for cuts up to 30 feet and fills up to 57 feet. The deepest fills are
for drives at the southern and northern access points to the Property off Palisades
Boulevard to facilitate the safest possible ingress and egress and to avoid steep road
grades. Fills outside those areas will be no deeper than 30 feet.
CqEZ41BELM 3' 1
The maximum unretained cut slope shall b 1.5: and fill slope shall beef horizontal to
vertical). All exposed slopes will incorporate erosion mitigation measures, vegetation and
will be reviewed by a third -party geotechnical engineer. These slopes are similar to
existing unretained slopes in and around the Property. as shown below. Copper State
Engineering has also opined on the slopes on the grading plan, their letter is included in
the Addendum.
Exhibit 7 - Existing Unretained Slopes in Excess of 3:1
h"vYI %KI _ •\k-'
33% to 50`i6 or 3:1 to 2:1
50% to 67% or 2:1 to 1.5:1
[♦
67% to 6M or 1.5:1 to 1.25:1
80`6 to toO% or 1. 25:1 to 1;1
!'!!i
100% to 125% or 1A to 1:1.25
125% to 150% or 1.1.25 to 1:I.5
> 15070 or > 1:1.5
EXISTING CONTOURS ARE 5 F007 INTERVALS
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LAND DEVELOPMENT
DAYBREAK— Planned Area Development
13
Exhibit 8 — Proposed Development Cuts & Fills
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Full size Exhibit is provided under separate cover
DAYBREAK — Planned Area Development
LEGEND
FILL 56.00
FILL 28.00
OM
CUT 28.00
CUT 56.00
14
F. Ingress & Egress Approval
Palisades provides two through lanes in each direction divided by a raised median. Per
MCDOT's Major Roads and Street Plan (MSRP), Palisades Boulevard is classified as a minor
arterial roadway. The design speed for the roadway is 45 mph and the posted speed limit
is 45 mph. Typically, the posted speed limit would be 5 miles per hour less than the design
speed. The Property shall be accessed from Palisades Boulevard at two entry points that
align with existing median breaks on Palisades. The southern access will be located across
from Valley Vista Drive and the northern access will be located across from a full -access
driveway that serves a Salt River Project electrical power facility. These locations provide
the safest conditions with minimal disruption to the public right of way.
CivTech has recommended auxillary right and left turn lanes on Palisades for each
driv ay-a#-tfi ty-w minimum queue capacity of 160 feet with approach
tapers of 80 feet. Please refer to the Traffic Analysis by CivTech in the Addendum.
Exhibit 9 - Site Ingress & Egress
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15
III. Development Standards
All standards and requirements of the Fountain Hills Zoning Ordinance in effect at the time of
application approval apply except as modified by the development standards contained in this
section.
MFU — Multifamily Unrestricted (16.1+/- acres)
Permitted Uses
All uses permitted in the R-5 multifamily Residential Zoning District as well as
covered and garage parking; clubhouses; lounges; fitness facilities; barbeques;
fire pits; vending facilities, community patios with cabanas; gardens; and
recreation facilities such as swimming pools, spas, sport courts, putting greens,
and similar facilities.
Density, Area, Building & Yard Regulations
Building
Height(�)
Building
Length
Minimium Yard Setbacks
Net/Gross
Parcel
CoverageM
Distance
Between
Buildings
Distance
Between
Garages
Front
Side
Street
I Side
Rear
40'
200'
30'
10'
30'
10'
60%/30%
40'
14'
Parking
Dwelling Type
Parking Stalls
per Unit
Studio
1.30
1 Bedroom
1.50
2 Bedroom
1.70
3 Bedroom
2.00
Other/Guest
0.10
Parking garages shall be allowed with a minimum depth of 20 feet. There shall
be a front apron of no less than 4 feet from any drive aisle.
Si na e
Two monument signs shall be permitted on the OSR portion of the Property per
the OSR section below. In addition, a third sign on Palisades at the northern
entrance to the MFU property for shall be permitted and shall not exceed 6 feet
in height and 8.5 feet in width with a 6 foot by 6 foot sign box.
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Disturbance
All allowable disturbance for the Permitted Uses shall consider the Property as a
whole (i.e. MFU, MFR and OSR areas) in calculating allowable disturbance which
shall be allocated ratably to the MFU area based upon acreage.
Cuts & Fills
Maximum Cut
30 feet
Maximum Fill
57 feet
Maximum Slope of Unretained Cut
1.5:1
Maximum Slope of Unretained Fill
2.0:1
Landscaping
With limited exceptions around swimming pool areas, all plantings will conform
to the approved plant list as provided in Chapter 6 of the Subdivision Ordinance in
both plant types, mix and densities. Small accent natural turf areas will be allowed
at entries, along Palisades and near amenity areas.
MFR - Multifamily Restricted (6.9+/- acres)
Permitted Uses
All uses permitted in the R-5 multifamily Residential Zoning District with
residential dwelling units restricted to residents aged 55 and older as well as
covered and garage parking; clubhouses; lounges; fitness facilities; barbeques;
restaurant and bar facilities; fire pits; vending facilities, community patios with
cabanas; gardens; and recreation facilities such as swimming pools, spas, sport
courts, putting greens, and similar facilities.
Density, Area, Building & Yard Regulations
Building
Height(')
Building
Length(2)
Minimium Yard Setbacks
Net/Gross
Parcel
Coverage
Distance
Between
Buildings
Front
Side
Street
Side
Rear
40'
600'
30'
10'
30'
10,
60%/30%(3)
40'
Notes:
(1) Building height measured from finished grade
(2) The last approved conference hotel on the Property had a contiguous building length approved at 1,400feet (+/-)
(3} Net excludes the pSR Area, Gross includes a ratable allocation of the OSR Area
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17
Parking
Dwelling Type
Parking Stalls
per Unit
Studio
0.7
1 & 2 Bedroom
1.0
Parking garages shall be allowed with a minimum depth of 20 feet. There shall
be a front apron of no less than 4 feet from any drive aisle.
SiSignage
Two shared monument signs shall be permitted on the OSR portion of the
Property per the OSR section below. In addition, a third shared sign on Palisades
at the northern entrance to the MFU property for shall be permitted and shall not
exceed 6 feet in height and 8.5 feet in width with a 6 foot by 6 foot sign box.
Disturbance
All allowable disturbance for the Permitted Uses shall consider the Property as a
whole (i.e. MFU, MFR and OSR areas) in calculating allowable disturbance which
shall be allocated ratably to the MFR area based upon acreage.
Cuts & Fills
Maximum Cut
30 feet
Maximum Fill
57 feet
Maximum Slope of Unretained Cut
1.5:1
Maximum Slope of Unretained Fill
2.0:1
Landscaping
With limited exceptions around swimming pool areas, all plantings will conform
to the approved plant list as provided in Chapter 6 of the Subdivision Ordinance
in both plant types, mix and densities. Small accent natural turf areas will be
allowed at entries, along Palisades and near amenity areas.
0 OSR (36.8+/- acres)
Permitted Uses
Driveway, utilities, drainage, signage, and landscaping.
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18
Si_gnap,e
A monument sign on Shea Boulevard for the MFU and MFR areas shall not exceed
10 feet in height and 14 feet in width with a 10 foot by 10 foot sign box. A
monument sign for the southern entrance on Palisades Boulevard shall not exceed
8 feet in height and 10 feet in width with an 8 foot by 8 foot sign box. The Shea
monument may be placed within the unused portion of the excess 100 feet of
Shea right-of-way (ROW). If and when Shea Boulvard is ever widenned into this
area, this monument sign shall be relocated outside the right of way at the
owners' expense.
Disturbance
All allowable disturbance for the Permitted Uses shall consider the Property as a
whole (i.e. MFU, MFR and OSR areas) in calculating allowable disturbance which
shall be allocated ratably to the OSR area based upon acreage.
Cuts & Fills
Maximum Cut
30 feet
Maximum Fill
57 feet
Maximum Slope of Unretained Cut
1.5:1
Maximum Slope of Unretained Fill
2.0:1
Landscaping
With limited exception of small accent natural turf areas at entries and along
Palisades all plantings will conform to the approved plant list as provided in
Chapter 6 of the Subdivision Ordinance in both plant types, mix and densities.
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im
IV. Site Development Concept Objectives
A. Conformance with General Plan & P.A.D. Standards
Conformance with General Plan
The mission statement of the current Fountain Hills General Plan states:
"Fountain Hills is committed to creating a Town that is attractive for small businesses,
clean industry and village commerce, where the natural environment is preserved and
protected, and where diverse housing is supplied in beautiful developments."
To this end, the Town has established Goals and Objectives in chapters 3-9 of the General
Plan, which includes considerations for residential, commercial and public lands as well
as open space. The P.A.D. addresses compatibility with the relevant General Plan goals
as follows:
General Plan
Reference
Goal {Objective)
P.A.D. Compatibility
Chapter 3
Preserve existing neiborhoods from
The Property is surrounded by residenial uses on
Goal 5
incompatible adjacent land uses.
all four sides. The proposed uses improve the
compatibility by dowazoning the property from
a commercial use to a residential use with the
design and scale of buildings more in keeping
with the residential character of the
neighborhood.
Chapter 3
Preserve open space
The proposed development shall hove
Goa16
approximately 80% of the land area as open
space.
Chapter 4
Encourage the development of a
The Property has challenging hillside
Goal
variety of housing types including
topography. The proposed development will
creative solutions for topographically
deploy creative planning principals of clustering
challenging sites (3.1).
density, sensitive building siting and product mix
to use disturbed areas efficiently while
preserving open space and appealing to a
diverse resident base.
Chapter 4
Promote developments that will
The proposed development includes a landscape
Goals
continue to provide small town
plan with Palisades frontage landscaping that
character and quality of life including
complies with the Town Cade for partially -
all new housing provide streetside
abutting areas planted with native plant
landscaping complimentary to the
material.
native desert vegetation (5.8).
Chapter 4
Encourage developments that
The proposed development shall have over 35
Goal
preserve and protect natural
acres of undisturbed native habitat for more
resources including setting asside
than required by the Town Code, placed within a
dedicated preservation areas (6.1).
perpetual Hillside Protection Easement.
DArsREAK —Planned Area Development
20
Chapter 6
Provide and maintain an open space
The Property is flanked by two major washes —
Goal 1
network throughout the community
one along the northeast property line and one
including protecting natural washes
along the south property line. The proposed
within platted portions of the
development will not disturb those areas and
community as permanent natural
place both within a perpetual Hillside
desert open spaces (1.1).
Preservation Easement. A drainage plan will
include storm water runoff retention so as not to
exceed historicflows within these washes.
Chapter 7
Create safe and efficient patterns of
The proposed development will have two points
Goal 1
circulation including secondary access
of access located in the safest areas at existing
points to all new development areas
median breaks on Palisades Blvd. On -site
circulation has been designed to accommodate
fire and emergency vehicles.
Chapter 7
Provide for and encourage the use of
The proposed development will contribute an 8-
Goal3
non -vehicular modes of circulation
foot sidewalk along the Palisades Blvd frontage.
including provisions in developments
for pedestrian paths where
appropriate (3.1).
Chapter 8
Reduce water usage
The proposed development will utilize low water
Goal 1
use landscaping and low flow plumbing fixtures.
Chapter 9
Promote the continued vigilance and
The proposed development shall preserve over
Goal 1
guardianship of the natural desert
40% of the Property within a Hillside Protection
including requiring Hillside Protection
Easement.
Easements on all newly platted
properties that are determined to be
hillside (1.1).
Chapter 9
Identify and preserve cultural and
The Applicant engaged Poleo West to perform a
Goal 2
archaeological resources.
Class 1 cultural resources investigation on the
Property, and no archaeological sites were
discovered.
Development Plan
Concurrent with the submission of this application, a Site Plan is being submitted in
accordance with Subsection 23.47(B) of Chapter 23 of the Zoning Ordinance. (Exhibit 4)
Number of Buildings per Lot
Lot 1A (MFU) —13 buildings. Lot 113 (MFR) — 5 buildings.
Streets, Utilities, Services and Public Facilities
Please refer to the Site Plan and the conceptual master water, sewer and drainage plans.
Except where noted in this P.A.D. Application, all facilities will comply with local, regional
and national codes. There will be no public streets within the Property and uses shall be
adequately parked on site. Fire and emergency access shall comply with regulations and
water service shall be looped through the project.
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21
Utilities
All private on -site distribution lines for utilities shall be installed underground. There is
an existing above -ground electrical transmission line along the property perimeter
belonging to SRP that serves other properties in the region and will remain as is.
Landscaping
With limited exceptions around swimming pool areas, all plantings will conform to the
approved plant list as provided in Chapter 6 of the Subdivision Ordinance in both plant
types, mix and densities. Small accent natural turf areas will be allowed at entries, along
Palisades and near amenity areas.
Retail Uses and Sin le Family Size and Use Restrictions
Not Applicable
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22
B. Architectural Concept
The objectives of the architectural expression are to reflect authenticity, high quality and
reinforcement of the southwest environment, culture and history. Both the MFU and MFR
product will be designed in Southwest Contemporary concepts with Praire-Style elements
commensurate with sophisticated desert styles. In its proper forms, southwest
contemporary architecture draws from the colors, textures, masses and geometry of
ranch, prairie, pueblo and Spanish styles in a present day interpretation, and fundamental
elements of those styles can be found in the interpretation. Southwest Contemporary
and Prairie -Style elements that are driving the project vision are
• Solid, grounded massing with strong rectilinear forms
• Purpose -driven design without the ornamentaion of classic european
styles
• Varied roof geometry including flat and low-pitched roofs with broad
eaves
• Colors and textures that mimic the natural surroundings,
• Simple natural building materials of plaster (stucco), wood, brick or
stone
• Windows, balcony railings and building masses that reinforce strong
horizontal geometry including clerestory windows (a band of high,
narrow windows)
Prairie style architecture was integral in defining uniquely American designs and
craftsmanship of the Midwest and, through Frank Lloyd Wright, is having historic design
influence in Arizona.
The MFR product will occupy the flattened crest of the hill where grades are best suited
to age -restricted residents. The MFU product will terrace around the natural slopes
thereby preserving views and adding "movement" to the otherwise regimented siting of
buildings often found in other apartment communities. In some areas buildings
themselves will retain and/or conceal retained slopes to avoid exposed cuts and the
appearance of an abundance of free-standing retaining walls. Colors are intended to be
muted earth tones to blend with the natural desert. Site design goals are as follows:
The combined effects of architectural style, site design, concealed retaining walls and
muted desert colors will create an inconspicuous and organic sense of belonging between
the built and natural environment and appear as a "softer touch" on the natural
landscape.
The pages following present architectural concept designs for the Property.
DAYBREAK — Planned Area Development
23
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DAYBREAK — Planned Area Development
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64
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Exhibit 13a - MFU Typical Building - Three Story Elevation
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DAYBREAK — Planned Area Development
Exhibit 13b - MFU Typical Building Two -Story Elevation
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DAYBREAK — Planned Area Development
Exhibit 14 - Site .Section
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31
C. Orderly Transition Concepts
i Open Space
The proposed improvements will leave the majority of the Property as open space in the
form of undisturbed native areas, revegetated native areas and enhanced landscape
areas.
Open Space Acreage
Undisturbed !Native Open Space in OSR Area 31.73
Undisturbed Native Open Space in MFU Area 2.05
Total Undisturbed Area* 33.78
Enhanced/Revegetated Open space in OSR Area 4.34
Enhanced Open Space in MFU area 4.82
Enhanced Open Space in MFR Area 2.86
Total Enhanced/Revegetated Area 12.02
Total Open Space Acres 45.80
Percent of Open Space 77%
* The undisturbed native open space will be placed in a Hillside Protection Easement.
ii Disruption to Neighbors
As compared to the existing zoning, the proposed uses should have less of a negative
impact on neighboring properties for two reasons. First, the crest of the hill will be
brought down from 1,993 feet to 1,963 feet with the tallest building being 40 feet above
finished grade, which is a net 10 feet above the existing hilltop. This compares favorably
to the 30 foot height over natural grade presently allowed which could allow a building
sited at the hilltop 30 feet in height above the existing hilltop. This should preserve some
mountain views to the east that may otherwise be lost under the present zoning.
Secondly, the proposed plan is less disruptive to the quiet enjoyment of properties on all
sides of the Property. The residential use will generate less traffic, less late -night noise
and less light glare than a large conference hotel. Please note the conflicts the
Copperwynd Resort and Spa has had with its neighbors who have complained about noise
and light from late -night events at the resort. The proposed use should be far less
disruptive in this regard and far less visually -imposing on the land (clusters of 1-, 2- and
3-story buildings instead of a massive 5-story facility viewed from points south, east and
north).
The exhibit on the following page compares the existing conference hotel plan to the
proposed multifamily plan.
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32
Exhibit 15a - Conference Hotel Plan vs. Multifamily Plan Visual Comparison
Shea View
Existing Zoning L-3 P.U.D. Commercial Conference Hotel Plan
(5-story, 1,400+/- long contiguous main building)
Proposed P.A.D. Residential Multifamily Plan
(1, 2 & 3-story, buildings with massing and colors to be less imposing on the landscape)
DAYBREAK — Planned Area Development
[«C3
Exhibit 15b - Conference Hotel Plan vs. Multifamily Plan Visual Comparison
Palisades View
f View [oolong +
from I'alkado
Existing Zoning L-3 P.U.D. Commercial Conference Hotel Plan
(30 feet height allowance over natural grade)
Proposed P.A.D. Residential Multifamily Plan
(Crest of hill lowered 30 feet, 3-story building 40 feet in height from lowered grade)
DAYBREAK — Planned Area Development
34
Exhibit 16 - View from Entrance to Summit Estates
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Exhibit 17 - View from Entry Road inside Westridge Village
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35
iii Land Use Compatibility
The proposed plan is exclusively residential, which is compatible with uses in all four
directions from the Property.
West- Summit at CrestView, a multifamily -zoned (M1) property for 68 condominiums
immediately across Palisades from the Property.
North - Westridge Village, a single-family zoned (R1-10 P.U.D.) property for 69
residences adjacent to the Property. The proposed improvements will have 400
feet of OSR open space between the Property's buildings and the closest home
in Westridge Village.
East- Palatial Estates, a single-family zoned (R143) property for 17 residences. The
proposed improvements will have 1,800 feet (1/3 mile) of OSR open space
between the Property's buildings and the closest home in Palatial Estates.
South - FireRock Country Club, a planned residential community (111-18 P.U.D.) for 379
single-family residences, 229 multifamily condominiums and a golf course.
FireRock is across Shea Boulevard, a 300-foot wide thoroughfare, and partially
hidden from view due to the rolling topography. There will also be 550 feet of
OSR open space between the Property's buildings and the Shea Boulevard right
of way.
D. Design Philosophy & Environmental Quality
The general design philosphy is to create a sustainable and timeless built environment in
harmony with the natural landscape with broad appeal in the local marketplace for
residential dwellings. To this end, designs will incorporate the following objectives:
Site Design Considerations
• Setting asside and preserving over 50% of the Property in its native state
• Siting structures along axis points which follow the direction of the natural
terrain contours
• Terracing building pads to conform to existing slopes and maximize view
corridors
• Concealing cut slopes with buildings where possible to minimize the visual
impacts from Shea Boulevard and neighboring properties
• Salvaging trees, saguaros, ocotillos and other natural vegetation for
integration back into the landscape
• Balancing excavation to minimize the import and export of native soil
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36
• Reusing natural material where possible for aggregage base for driveways, rip
rap for erosion control, and boulders slope retention and landscape features
• Burying all on -site utility distribution lines to enhance the visual appeal of the
improvements
• Following a rigorous storm water prevention plan with Maricopa County for
erosion and runoff control during construction
• Common areas for gathering and recreation will be sited in internal locations
or screened to lessen impacts to neighboring properties
Building Design Considerations
• Blending a color palette of the built environment with the colors of the natural
environment to give the improvements a less conspicuous appearance
• Utilizing an architectural vernacular tailored to the desert climate with wide
eaves for shading
• Mixing building materials and muted colors to break up structural masses and
add visual interest to buildings. All exterior surface colors shall not exceed a
Light Reflectance Value (LRV) factor of 50%
• Stepping buildings in areas where slopes provide opportunities to create a
mixture of 1-, 2- and 3-story elevations
• Reducing parking areas to pick up efficiencies and reduce asphalt paving
• Breaking up and concealing parking lots with garages and shade structures
• Incorporating EV charging stations in parking areas for electric vehicles
• Utilizing predominantly low-water use landscaping
• Utilizing shielded lighting to observe a dark sky policy
• Utilizing Energy Star® rated appliances and low -energy -consuming LED
lighting
• Burning wood in fireplaces and outdoor firepits will be prohibited
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37
E. Landscape
Of utmost significance in the landscape plan will be that the existing 36.8 acre OSR area
will remain in its native habitat condition except for a 3.8 acre portion for driveway
access, utilities and drainage improvements.
All site improvements will be complimented with landscape treatments of native trees,
shrubs, cacti, succulents and ground covers. The planting design will establish a visual
link between new construction and the surrounding natural setting in the adjacent OSR
zoned area. The landscape strategy will be designed around three primary treatment
zones consistent with the town's standards. These three zones will include
1. Native Treatment- areas set aside for preservation and open space
2. Transitional Treatment- areas along streets and ROWS adjacent to desert
3. Enhanced Treatment- areas immediately surrounding new development
Each treatment maintains its own consistency of character while sharing plant species
and design elements to create logical transitions between landscaped areas. These
differing treatments are designed to enhance the native landscape and maintain a
unified theme.
Transitional treatment areas will include revegetating undeveloped disturbed areas.
With this revised submittal, the landscape plan has been enhanced with a landscaped
pedestrian promenade bisecting the main parking area of the MFU parcel complete with
perforated pavement where vehicle crossings occur, additional plantings and turf areas
along Palisades and at entrances, a meandering pedestrian trail around the MFU
perimeter accessing the main amenity area and a roof garden atop the main MFR
building.
DArsREAK— Planned Area Development
Exhibit 18 - Landscape Plan (1 of 2) 38
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DAYBREAK —Planned Area Development
Exhibit IS - Landscape Plan (2 of 2)
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DAYBREAK — Planned Area Development
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V. Community Facilities Impact
The current conference hotel plan contains 250 hotel rooms and 36 attached residences. The
P.A.D. increases the number of residences and eliminates the hotel and conference facilities. The
revised land uses will result in a net decrease in overall developed improvement area and
reduced negative impacts to the community at large in terms of noise, light pollution and traffic.
The P.A.D. will increase resident population in the Town and who should be demographically and
economically diverse attracted to the mix of housing product between the MFU and MFR
prod uct.
A. Traffic
The total two-way traffic count on Palisades at the Property is approximately 14,000 trips
per day with 750 per hour during the PM peak hours and 455 per hour during the AM
peak hours. According to a traffic analysis by CivTech, the proposed improvements at the
Property should add 2,668 trips per day (19% increase) with 184 per hour during the peak
hours (25% increase) and 159 per hour during the AM peak hours (40% increase).
CivTech concluded that the impact to the level of service on Palisades Boulevard is minor
and recommends only minor alterations to the existing roadway per the following
conclusions by CivTech;
• The four MCDOT criteria for determinig the need for an auxiliary right turn lane at
the site driveway are satisfied and right turn lanes are warranted at both site
driveways.
• Combining the highest peak hour southbound left -turn volumes into the site
accesses and the volumes of through traffic during that same peak hour, a left turn
lane is warranted at the suthern driveway, but not the northern driveway.
• None of the required auxillaryturn lanes requires more than the MCDOT minimum
queue storage capacity of 160 feet.
• A traffic signal would not be warranted due to low outbound/exiting volumes
approaching Palisades Boulevard from both site driveways under both the
minimum vehicle volume and the interruption of continuous traffic warrants.
Please refer to the Traffic Analysis by CivTech in the Addendum.
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42
B. Public Services
The Property will be served by Epcor for water and the Fountain Hills Sanitary District for
sanitary sewer. There are existing fire hydrants on Palisades at the Property with high
pressure that will be reduced through pressure reducing valves to serve the Property.
Epcor has reviewed the proposed plan and has issued a letter confirming that the
development is located within the area encompassd by Epcor's Certificate of Convenience
and Necessity as issued by the Arizona Corporation Commission and that there is
adequate capacity for the proposed plan. Please refer to Epcor's letter in the Addendum.
There are four active sewer manholes in Palisades at the Property that may be used for
the proposed development. The Fountain Hills Sanitary District (FHSD) has also reviewed
the proposed plan and has confirmed that it has sufficient treatment capacity at its
existing wastewater treatment plant to serve the development. The district is currently
performing a study of the entire Fountain Hills sewer system to confirm and re -calibrate
sewer line capacities downstream of the development. Once this study is complete in
2019, the district will determine if any improvements will be required to the downstream
lines for adequate conveyance of sanitary sewer to the plant. Please refer to the FHSD
letter in the Addendum.
Fire and ambulance service can reach the entrance of the Property within the prescribed
maximum response times from both stations existing today. A new fire station at Shea
and Fountain Hills Boulevard ensures service to the Property to be well within the
optimum 5-minute response polygon as determined by Rural Metro per the map below:
Exhibit 20 —Emergency Response 5-Minute Polygon Map
= 5-minute response limit for the Palisades Blvd. station
5-minute response limit for the Fountan Hills Blvd. station
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43
C. Environment & Sustainability
Sustainable development is the organizing principle for meeting human development
goals while at the same time sustaining the ability of natural systems to provide the
natural resources and ecosystem services upon which the economy and society depend.
The basis for any strategy for sustainability includes an understanding of the land,
resident culture, long-range regional growth and market preferences. For the proposed
development, the strategy is guided by the notion of a "soft touch on the land." The more
natural environment can be preserved and integrated into the lifestyle of the
development, the better chance the development will have to become vibrant and secure
a sense of timelessness in the marketplace. To this end, the P.A.D. will incorporate these
design elements:
• Maximize non -disturbed area beyond what the local codes require
• Shared entry drives and reduced parking areas reducing the "heat island affect"
of additional asphalt paving
• Site buildings with primary axis directions that conform with the directions of
predevelopment slope contours to minimize exposed stem walls and present
buildings in a terraced manner where the finished topography appears to be an
extension of the natural environment
• Enhance open space areas with low water use plantings and indigenous fauna
• Reduce the use of retaining walls where possible and soften and stabilize grades
with plantings and boulders
• Architectural design themes and muted colors intended to blend with the natural
environment and reinforce the southwestern culture and compatibility with
surrounding design themes in Fountain Hills
• Grading areas of the Property to optimize mountain views
D. Commerce
The higher resident population with the proposed plan compared to the current plan
should produce a greater positive impact to Fountain Hills merchants. In particular, a
Fry's-anchored neighborhood shopping center nearby to the west on the south side of
Shea Boulevard should garner the largest positive impact. The center has languished in
large part to the lack of residential density surrounding it. Few in -line tenants remain,
and based upon the number of cars parked at Fry's, one can easily conclude that it is
operating below its peak potential. 400+/- new households at the Property should have
a positive impact on retail sales at the shopping center, especially as compared to the
current hotel approved use which typicaly has little positive impact on grocery stores or
neighborhood -oriented suburban retailers.
DAYBREAK — Planned Area Development
44
VI. Phasing Plan
The Property will be platted and developed in two separate residential parcels in a logical
sequence given shared access points and mass grading that has to balance between the two
properties.
MFU Property & Entries
Begin End Description
Comments
2019 2020 Design & Permitting
CO preparation to follow P.A.D. approval. Duration
subject to Town reviews & approvals.
2020 2020 Water Utility Access
Water service for dust control and plant salvage
Across Palisades
nursery subject to encroachment permitfrom
Town.
2020 2020 Clearing & Grubbing
Commencement upon approved permits.
Construction entry to be at Property's northern
access point.
2020 2020 Rough Grading
Work to likely proceed in a north to south manner
with staging near the north end construction
access. Note the MFR Property will partially
obscure this activity from Palisades Blvd.
2020 2020 Wet & Dry Utility Lines
Includes minor work on Palisades to access
manhole(s) near the north access point. Unlikely to
need natural gas.
2020 2021 Construction of MFR
Vertical buildings shall proceed in a north to south
manner. It is not anticipated that any buildings
will be occupied until all parking lots, the
clubhouse and and the main entry at the southern
access point is completed. Some apartment
buildings may be in a state of construction when
the first residents take occupancy in finished
buildings.
2021 2021 Construction of Southern Includes final looped water connection, drainage
Entry retention, sewer lift station & force main and
alterations to Palisades for turning lanes at both
north and south entries and sidewalk.
2021 2021 Landscape & Signage
DAYBREAK — Planned Area Development
MFR Property
Begin End Description
Comments
45
2020 2020 Design & Permitting
CD preparation to follow P.A.D. approval. Duration
subject to Town reviews and approvals.
2021 2021 Clearing & Grubbing
Commencement upon approved permits.
Construction entry to be through MFU Property at
the north end.
2021 2021 Rough Grading
Excavated material to be placed in the southern
entry area for construction of shared access with
the MFU Property.
2021 2021 Wet & Dry Utility Lines
Includes receiving sewer force main from lift station
near southern entry.
2021 2022 Construction of MFU
Includes all on -site parking and sidewalks
Main Building
2022 2022 Construction of Construction completion to coincide, or nearly
Townhome Units coincide with completion of Main Building.
2022 2022 Landscape & Signage
Proposed phasing of the development may accelerate or decelerate due to market conditions
beyond the control of the Applicant.
DAYBREAK — Punned Area Development
VII. Addendum
46
DAYBREAK — Planned Area Development
A. Plat
•, .,`r.�
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B. Circulation Plan
ml
L LD*Team
LAND DEVELOPMENT
W— 6W 1* M
DAYI�)KE-AK
K01 I Ai JLA
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60 Ll .TTWu aav C JKCL ILA I ION I't AN
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LEGEND
wcRfiE e55
L-J
5HEA, 130L)LFVAFo
C. Master Grading Plan
Ni_.C.OKNI_Ko l f �l..l��ADL. i.ry:yf 11-A
/� - -.ter. }r- �t`trs:� `_ - •Q •--•--_ --
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I 41
LEGEND
EXISTING CONTOURS
PROPOSED CONTOURS
5 POOT f.ETAINfNG WALE.
L®Team
> LAND DEVELOPMENT
3420East Shea Boulevard. Suite 7S6 Uixe602.3965700
E<y , PhWWK, ALSZOna 85028 Far602.W5701
D. Copper State Engineering Cut & Fill Slope Opinion
COPPER STATE E ENemmNC, INC.
.. I ti I L 6 E 0 T E C H N I C A L-
S E R c'• I C E S
January Zia, 2019
M. Jeremy Hall ygh p"Merests_com
Hilltop Vista Pmperties 602-421- #8
14550 N. Frank Llayd Wright Blvd., Suite 100
Soattsdale. ,Z 55260
Subject Daybreak Project Preliminary Cut and Fill Slope Suggestions
[daybreak Project t Fountain Hitl , Arizona
CSE Project 4601
Dear l'Jk_ Flab,
Copper State Engineering, Inc. (CSE) herewtth submits our preliminary suggestions for cut
sloes at Ilse above felerenced p"ect. We understand that cuts as deep as 40 feet ► 1l be part
of the proposed new construction at flue sine. The approxi to area of the site is shy in U-se
aerial photo below. Some street views of exmbng road cuts with some greater than 20 years old,
on the souM and east sides (yetkyw 3nows below) of Me site f>on w on the next two pages.
"•• sti. si4f ,.YrF
}fir ?,w • .�. `� ' � ,, • ' �t�*� �
� k
L � ' .�•-��,-- �. .. f •' "R � it
1%21 N 91" 5rrW,. Suite 104, SCOQT dale, Tic 85760
Phone (0) 368-1551 Fax 1480) 368-1556
I
Dayt)teak Project Preliminary Cut and Fitt dope Suggestions
Daybreak Project - Fountain Hills, Arizoma
CSE Project 4601
Photo below. Shea Boulevard looking NE at existing road cut.
r,
._� .. •� ,� �_ � mow. ._�.
Photo below: Shea Boulevard JooN ag NIN at existing road cut.
Daybfeak Project Preliminary Cut and Fill Slope Suggestions
Daybreak Project - Fountain Hills, Arizona
CSE Psrject 4601
Photo below: Palisades BoWevard Wking east at existing road cat.
Photo below. PalKades Boulevard looking SE at exis*�g road aA..
3
Daybreak Project Preliminary Cut and Fill Slope Suggestions
Daybreak P"edt - Fountain Hills, Arizona
CSE Project 4601
CSE reviewed) a geotechnical investigation report for the site prepared by Western Technologies,
Inc. (WTI) dated AU9US1 19, 2005 (WTI Job No. 2126XF186). included in the 2005 W'rI repw
were eight new test pfs and a summary of seven refracthre seismic lines run in 1999 on an earlief
WTI job (2129JC244). Offer exppkorations Worn in 1999 are shown in the lute below but
not discussed in the 2005 WTI reporfing . The approxi► to locations of the 2005 test pits and the
1999 seismic lines are shown in the figure below.
1
s
y� f&JW^ft fe i I +e SCOT
• • 1 I�MM � i�.4e i.A �. it
4
Daybreak Project Preliminary Cut and Fill Slope Suggestions
Daybreak P"ect - Fountain mills, Arizona
CSE Project 4601
CSE was asked to review this information retatrve to development of preliminary opinions for fill
and cut stapes in the native cemented soil formations at the site We understand that cuts as deep
as 40 feet are proposed.
The seismic v0xities from the WTI 1999 testing were reported as fol[ows"
the tollmWng teWo Irtta the dOpth o€d the grated mnWassion wavir velar. Lila
Sn"Unttrad In to sewn INGI&MIC su Imes pertanTod dtins ow VrOVIOUS la"Wan
Mr octobo of 191ie. Our field a ulp~t wu odwted to gather data to 0601hi of 10 to
111 test: beitrw the arming ground errrtwA.
99Tg11dTED CUMPFOSSION WAVE MOW" AND
LOOM ION
no"
���lucs
40.7 fame
SSG tUsec, it MC11Wet detnee 001
Line 1
>A7 NM
1920 Met, donee to V" donee earnrttad IO
".6 feet
093 ftleac, nrnetdler M dense st►i
t i*ra 2
>0.E toot
221* fUsec, donee to very dwW oemeoted eon
6931ueor') irnerlkm d.rreer eo�i
v f 0
We 3
ma-9,1 feet
2250 his ee, denor to woo earMae cer t+ed a*
> 0.3 feet
44a4 lt/UC, vr,ry CWM 04r4W C11MOVIOW ant to FOO
ti14 (rat
110U �Mc. mdim" dense to deove coil
Lim�
1.3 feet
2438 N"e, den" ee WY 4WSS et"d ON
i-1.5 feet
3B irj"c- roedWm donso loll
Line
1."J fee
1462 ftim. dernme nVid"Ildly COrnentlkt 66C
i9.3 too
2105 lose, VMY dlarwe 4*M~ OR
862 Mmoc, meftm dense oal
t3-1.7 resat
Uner'a
1.2-5.5 feet
1bbd Vim. dMee MmilsrdillY 08mdM41d 401
>6.5 feet
2002 ftisec, v" d!>fw camalted SoR
g15111116c, Modem dare ao-t
".l1 tort
Lim 7
>D.I! feet 12252
#t/eac. **air to veryr+denele eeremeated coil
Daybreak Project Preliminary Cut and Fill Slope Suggestions
Daybreak Pr*c1- Fountain Hills, Aftwa
CSE Project 4601
Site topography and esOmates of exisltng site cut and fig slopes by Me LD Team are shown
the figure 1 Now
4t' �
WCCATTKOr"Al sr'It OeA
i1fIC -%Oft lit 33% CM 3 f
3 3% to SM
025% to 1150%
a Ism
LD-Team
+�SM� f2C�C;i3Ph{C�11
aE notes-
33%=
3.0.1_0 (Horn to Vert) slope
50%=
2_0.- 1.0 (Hon to pert) slope
66.7%
1-5: 10 (Hopi to Vert) slope
10a% -
1_0 : 10 (Horz to ven) slope
ISO%-
LO : 1_S (Hart to Vert) slope
6
Daybreak Project Preliminary Cut and Fill Slope Suggestlons
Daybxeak Project - Fountain balls, Arizona
CSE Project 4601
CSE DISCUSSION
Rased on out review of the provided information, CSE belies that cut slopes at the site in a
range of slopes from (2-0 : 1,0) to (1.5 : 1.Q) (honzontal to vertical) can be considered stable for
the upper 10 feet of cuts into cemented sandiconglomerate rock site materials in the investigated
portions of this sit. This material would correspond to the more cemented materials that the eight
2005 VVTI backtm test pits encountered below backhoe refusal depths of one to two feet.
In the more cemented areas below a depth of 10 feet, steeper cut skapes at the sate on the order
of 01 5 : 1 0) to (10 - 1.0) may be shown to be stable with addit onaI site i eotechnlcal investigative
work -
Fill slopes Constructed with on -rile materi.als as step as (2 p : 1.0) woulid to cons4ered stare
as long as they were placed. compacted and tested to requirements of engineered fill, placed
over horizontally benc"M tW stable foundation materials. and maintained in a relatively dry
cortdttion free of: significant erosion after constructim.
Additional sate investigabon vvo(* would to necessary to provide more precis recommendations
for permanent cut and fill slopes at this site.
CLOSING
CSE's suggestsions are based on the MsuttS of the pretir inwy review to date. 'We resetre the
right to expand or amend the suggestions, as additional information becomes avaitaable. Reliance
on this letter Is subject to the =ctwed General Provisons. Please contact CSE with gums or
comments.
Respectfully submitted,
Copper State Engineering, Inc.
Ism -
JAMrs C3
OFA
1-NPAD i
J David Deatherage, P.E.
Senior Geotechnical Engineer
Attachment_ General Provisions
General Provisions
For enjine*mf work pwfornsta by Coppw Mate
Engineering, Inc (ENGYNEEERy for (CUE147).
Paynntent provisions
CLIENT w4h retake payments due to the ENGE ER fot
seniKes and expenses within third (W days after
receipt of ENGINCER's stw*rnern The amount due
ENGINEER will be increased at the rate of one and pne-
hanr p,rtront j1,5%1 ape► Month Srnm caul thonv#th
(3 day, and inaddition, ENGINEER may, after Ong
severe (7) days' wrv"en notice to COUNT, suspered
serences under this Affeement until ENGINEER has
been paid in full ail amounts•due for services, expense s,
and charg#s. CLIENT woo reimburse €NGINEER. f®f
reasonable Atturney fees should collection be
nice UtV
Te-rrni►mticn
The obligaRiart to pruvide further sa?re m urtdier this
Agrtenwr mi may be tefta awed by *Khw pwrY upon
seven (7) days' written notice in the evei t of
subtcantial failure by the other Party to perforin An
aeeordame with the terries hereof through no fauit of
the x+ minxiinL pany, in the event of angr t"Mingbon,
ENGINEER wdl be pair! for all services rendered to the
date of twmination, all reimbursable evpense, and
terretrtati on expensese
ContriAlI ng Law
Yhts Agreerniint is to ba govewwd by Ow low of
Arizona.
safety
MINCER is resporniWe for the safety on site of ate
own enillAvjees and subcontractors- Nedtier the
prtafesskmal activia" of ENGINTEP t, ernp"s and
subcontractors &aA be construed to imply ENGINEER
has any rest onsdiility for any aetimies an ske
performed by perumnt4 other than EhNGINEER's
e"Vlowes or subcmtrmtors-
1EmirohnWraal Liability Prowiu an%
CLIENT agrees To defend, indemnOy and hold
ENGINEER harmless from any cla % liabdity od defeme
Cost for in,ury or floss sustained trf arty Patty dire to any
hww6o t; rondrwn that E:ANG]WER alteredhy Created
or permMted to exist at the sate if such cond6on is
softly attributablo to Cl Im 1" s arc` nt or aaactio".
CLIENT vein nut defend, irrdemr0y, or hood ENGINEER
ttwmiess in regard to any Vatm, liatAdy or defense Cast
for irt*m or doss sustairted by any party due to any
hazardraers condmon that fWINi=ER allegedly created
or permitted to exist at the site if strth exposure is
IntributabW to Ilse rite or Bite Rionral of
ENGINEM In such circumstance, ENGINEER agrees to
to*ly beer all tam of the Claim trnd dwkgnw
Standard of Care
Service le'fbrmedb`yENGINEER under this Agreement
wall be• cor'duCted in 9a e7iamer tonsrSWt wnh th At
lesrel of Care and skill ordinarily Lmercised by rteembers
of there pectossion cunextly practicing under %amilor
conditions_ No outer warranty, ,express or implied, is
madee.
Umirtatii m of Trty
The CLIENT agrees to Emit EfilG NEEfR's frabiifirIf to the
CllENT *nd act torrxtdutvon Ctxnrarton and
subamntractmrs on the Project aritng from pro fesstor►al
am errors or omissions, such than the total aggregatre
laaNlity of ENGINEER to all those marred shall ntm
weed the fees received for the services,
kwur3rice and General #lability
ENGINEER represents and warrants that it and its
emplow#s by it are ptotetted by wwkrnrP's
compensatirtn insurance„ and that ENGtWF- R has
Genera'. Liabifity Insurance of One Million i3ollan
E. Master Drainage Plan
Pre Development Flows (1 of 2)
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LEGEND
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. drag. 6tmgr Isla . d <ernrca m c na�n irk.-rrOalr9v mocv. us;+& Mxer !f�+rr. �a.m>n .'rloe.s
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W..Y 541:;m ir�ar UUFlurW wlharYq�.xsr[rwr.,iill a:'al."a'uik+fepa �'r�L`ncxb 'ilrr+;�ll
F. Master Water Plan
1-tAA 1--.K r ..\N
NORTH EAST CORNCR OF PALI5A0117 5 & SHEA
WATER DEMAND CALCULATIONS
AVERAGE DAY
DEMAND
NIA IMUM DAY OEMAND
PCM IaUR DEMAND
BUILDING
AINIUlING
USACFI
UNITS
LAND USE
UNIT 1GpD1GVUZ
••�S..FiC
�OPNF3
GPDk �GPNI_
.A W 4GpMj_
q_
..-,..24 -
_.
iVF.N I!.11NS;:..
hi+ARTMf N'`;
.. dip ••. •
....., �a
40
10, 366122.-•••-
B
3D
_—.'Cl-.
4dIXi
7�
d64
6D
1464b
102
6—
ANAN FIALN(S
�,tl�
i6(F0�
m'33
C�
eta fi4d'
lU
__....._........_A
__tl-BMl
6.640 _
......�! 6
--.'A
_
E
20
.._...__._
ApkFMEN3S
_.__��-
2;p
__-.. T....__....._.__.
aEC4
33
__..............
g610
.
6:u
1A.C88
102
F
.0
APARTMENTS
240
4 BZC
211
e.Ea11
E 5
ta.E38
102
G
20
u24
APARTMLNT5
2l`z
4 8CC
33
8 CAO
G 0
Sd E&9
H
APARTMENTS
;.Alia7!43�
_
40
10,38A
72.....
t`E.'P
_74_2
121
J
20
APARTMENTS
I40
4 804
—.� 3
n,1i40
K24
APARTMENTS
249 m..Y
a '60�
— 4p _
10 3t1$ �.
? 2
t7 6?s
�1? 2
L
CLUBHOUSE
4i0
011
610
06
F377
10
FA
24
APARTMENTS
i49
S.iBC
40
1096
72__
S7.6cK
�72.2
N
24
_84_
APARTMENTS
243
5 7FS
40
]U.,S8B
7 2
t7,6_Z6_
12.2
O
AFAN RAEN13
_
....f..:4]
_ _
2a.160
v 14V
38.2dR
_
25 .'�
61.@50
428 _
AMID
P
30
LIVING
20
B 000
42
iar800
15
1a ?&4
120
.
8
.__..__6_
ATTACHED
2a9
1 44FF
T O
2.se2
2 $$
4 4%
11
s-o_._..
2.992 ._.
.__. 1.�_-.._
_..-4i -
]1._.
-0
'__'i'7
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..__,.r.1____.....�-.a..._..�..
A7sim LIEF7iu..--..
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b33'__._.._..F.L:_.'.
f2...
.._ 2.._.._.-APAIMCNTS.._..
240
_.4 ..............3,1.._
.N4 - -
C&.- -
146f,....
... t.6 _.
__. G3
-_...,._2..._....APAAV4FNTS
24.3
._..1�1
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,...._. ....__
AnA"Ff"r-uFNTs"
— -�r
—
4e
POOLS
POOL
1
i 3
1,240
2 3
5 SC8
3 E
TOTAL
400
9T,Gb0
6T.4
sTl,69p
i2s,3
298,875
w "6,2
LEGEND
WAI LK04f, (AU d` UNLL55 OTHERWISE 40TPD9
EXISTING 12' WATERLINE
FIRC 11YDAANT
S
usSTING #I*f MPpRA.NT
MIMMUM 2d WIDE FiRELANE
Qr"
3IJFT PtWC1NG VALV .
g
z
LDTeam
LAND DEVELOPMENT
3420 East Shea&,Ae-,ard, Swtet56 MreW3%57[G
Phoei m An=na 85028 Fax 6b2,346-5701
w•kw.LD-Tea corn
G. Master Sewer Plan
DAYf--'SKEAK
�F-.WL.K FI AN
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is yy3
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-
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— 75, 4 4 IL
STl'I11:
LEGEND
EUI
INDICATES SFd.'MINF ClEAHO,IT NUMflFR
O'WICA.T[g
MWrkt»a£ S.lA"C3 5 NTWj%UK
O1-V'CATE5
tTwERL'NE FA*%,#O E5 4(>N1R15UTINCi
10 LSPT j1Al sU.
KlF.CEN 4
: EMKLJNE {All Cr UNXE!10TTTfKVY19E NOTED}
— �..
F&!b i&G 12, s£MRR 4m
�! LD•Tea m
LAND DEVELOPMENT
3420 E�l Shea i69Y6pmcl. 5Wt T% office 60P 3965790
1,EIAem Ah2ma R5076 FU 607,3%.5701
H. Utility Company Letters
2n5 VVE-t ► omade Peak hied, S( f- _VR
fl5f)27115l
December 27, 2018
Sent via e-mail to: Jeremy Hall at igh@phxinterests.com
Re: Will -Serve Letter for Water Seavice
APN 176-14-560
Dear Mr_ Han,
This letter is in response to your request to EPCOR Water Arizona Inc, (EPCOR") regarding EPCOR's
willingness to provide water service to a proposed 4004 unit multi -fancily development (the
"Development") located at the northeast corner of Palisades boulevard and Shea Boulevard in Fountain
Hills, AZ, as shown in Exhibit A. EPCOR provides the following information for your consideration:
I _ EPCOR has confirmed that the Development is located within the area encompassed by
EPCOR's Certificate of Convenience & Necessity ("CC&N") as issued by the Arizona
Corporation Commission.
2. Water service to the Development tyy EPCOR may be conditioned upon developer entering into
a Main Extension Agreement (an "MXA") with EPCOR in a form acceptable to EPCOR, and
upon developer fatly performing its obligations under the MXA The MXA will provide, among
ether things, that developer will be responsible for constructing at its cost all water main
extensions necessary to distribute water from EPCOR's existing system to the individual service
fine connections in the Development_ The design and construction of all such main extensions
will be subject to EPCOR-s approval, acid ownership of the main extensions, together with
related real property easement rights, must be transferred to EPCOR prior to the initiation of
water service in the Development_
3. Based on the water service currently provided by EPCOR in the CC&N, EPCOR will have
adequate water capacity for normal use in the Development upon developer's fulfillment of its
obligations render the MXA
4 Developer will be required, as a condition to EPCOR providing water service to the
Development, to pay an required fees pursuant to EPCOR's then -current tariffs and as may be
provided in the MXA.
This letter assumes that construction of the main extensions within tt* Development will begin within
three (3) years after the date of this letter_ If developer begins construction of any water mains in the
Development or any other water service infrastructure intended to serve the Development without, in
each instance, the prior written approval of such construction by EPCOR, developer wall be proceeding
with such construction at its own risk
This letter does not independently create any rights or obligations in either developer or EPCOR, and is
provided to developer for information only. Any agreement between developer and EPCOR for water
service in the Development must be memorialized in a written agreement executed and delivered by
EXHIBIT A
Location of Development
FOUNTAIN HILLS SANITARY DISTRICT
16941 E. PEPPERW001) CIRCLE
FOUNTAIN HILLS, AZ 8i268•2901
TELLPI TOME: 480-837-9444 I-AX: 480-83 7-0819
www.azAllsd.gly
Mr. Jeremy halt
Hilltop Vista Properties
4515 E Palo Verde Dr
Phoenix AZ 85018
January 30, 2019
Re: Daybreak Development, NE Corner of Palisades Blvd and Shea Blvd
Mr. Hall -
The Sanitary District has received your request to confirm the District's ability to serve a proposed
development for the parcel located at the northeast comer of Palisades Blvd. and Shea Blvd. The
information submitted includes a conceptual layout and request to serve up to 400 multi -family residential
units consisting of apartments, independent living units, and assisted living units,
Based on the proposed type and number of units, the Sanitary District can confirm there is sufficient
treatment capacity at its wastewater treatment plant to serve the development up to the proposed number
of multi -family residential units.
A preliminary review found that there may be limited sewer capacity in the gravity sewer lines
downstream of the subject development, which may require off -site improvements. Any sewer line
capacity issues will need to be addressed prior to the execution ofa. final sewer service agreement
between the property owner and the Sanitary District.
A Basis of Sewer Design Report, as required for all developments, will determine final sewer
requirements. The Sanitary District will require review and approval of all sewer facilities construction
plans. All sanitary sewer facilities must be designed and constructed in accordance with District
standards.
The Sanitary District has no objection to the proposed rezoning of the parcel.
Sincerely,
FOUNTAIN HILLS SANITARY T)TS1'RTCT
Dana Trompke
District Manager
L Traffic Anahisis
CivTeeh
January 31, 20181
Mr. Jeremy Hall
Hilltop Vista Properties, LLC
4515 East Palo Verde Drive
Phoenix, Arizona 85018
Rea: Traffic Analysis for Daybreak Multi -Finally & Independent Living Communities,
Northeast Cramer of Shea & Palisades Boulevards, Fountain Hills, Arizona
Dear Mr. Hall:
Thank you for engaging GivTe & to prepare this proposal traffic analysis for Daybreak, separate
multi -family and independent living communities proposed for an approximately 80-acre site
located on the northeast corner of Shea and Palisades Boulevards in the Town of Fountain Hills.
The multi -family complex is expected to provide 270 mufti -family dwelling units. 100 [Senior)
Independent Living dwelling) units. and 30 private Assisted Living rooms (i,e.. beds). Two (2) site
accesses will be provided along Palisades Boulevard_ Both Shea and Palisades Boulevards are
operated and maintained by the Town.
BACKGROUND AND PURPOSE
Palisades Boulevard provides two through lanes in each direction divided by a raised median_
The proposed site accesses will both be located at existing openings in the median. The southern
access will be located across from Valley 'Vista Drive and the northern access will be Dated
across frornn a full -access driveway that se+ves a Salt. River Project electrical power facility.
The Town of Fountain Hills requested this traffic analysis. which is an abbreviated traffic study that
addresses specific issues of concern to the Town. This version is a second submittal addressing
comments made by Town staff on the first version dated December 20, 2018, in that version, the
name eaf the development was u:ndarstood to be Hilltop Vistas. Primary among the Town's concerrls
is whether or not left and right turn lanes approaching the proposed site driveways are warranted
and. if warranted, what the appropriate queue, storage lengths would be for each. Other concems
include sight distances in both directions from the site accesses and for left turns into the site
accesses and the need for a traffic signal at either site access. CiwTech has based its analyses on
Maricopa Department of Transportation f MCDOT) methods, guidelines, and standards.
EXISTING CONDITIONS
Roadways and Intersections
Palisades Boulevard begins at Shea Boulevard and loops northerly and easterly until it
terminates at Saguaro Boulevard. Per MCDOT's Major Roads and Streets Plan (MISRP).
Palisades Boulevard is classified by the Town as a minor arterial roadway. Palisades Boulevard
intersects Shea Boulevard at a right angle with a traffic signal_ As can be seen in Figurer 1, from
Shea Boulevard northbound, Palisades Boulevard curves (horizontally) slightly to the left theft to
the right with a radius of approximately 700 feet to the center of the median, then gently curves
bark to the left. Based on this radius and the grades in Palisades Boulevard, the calculated
design speed for the roadway is the same as the posted speed limit. 45 mph.
UuTah, Int- • '-7WS Msr'h 14,,0t' !4 .0 14C + Scup nnjq n, Al
ahra -. A,!U U9.41YJ +mar: «YJ-U59 OW,
Uuycrva!k rraprrrc Allirysis 1"` Subrri.+!u1
NEC SFhea & Fairsadv,s Book yvmJs Fryjr!am "t,Fls
0'}rq„' "
AOJOCent to the deveicipment site,
Palisades Boulevard is a divided four -
lane roadway With a taEsed Mod are zhat
is approximately 24 feet wide Each
+direc. n has 28 feet of oavernent nat
provides a 12-foot widle msida lane
(against the median), ar 11 "lz-foot wide
outsi,de farre and a 41/vtoo: wide bicKle
lane. The sped lirr>;t is posted a. 45
rrtph just north of VaW Vista Drive for
rordrtaourd traffic.
Valley Vista Drive is the main
ectrarco to The Surnmit as Crestview,
a gated community. It provides :vwta
18-foot md.o lanes diwded by a
landscaped mediar island Figure 1 - Vclnity Map
approaching Palisades Boulevard. The Summit ounm,un y consists of 68 lots (r clr.aSters Of two
adjoin r g lots with single-family detached houses. Recert aerial photography shows that 41 of the
lots ate developed_ The community is limited :o the si:rgto access Valley Vista Drive provides, as
there is only acraess is gpa ed for arnerger.cy ve.Ndes,
One sates amass f"Access A") will be provided across Palisade Boulevord frorn Valley Vista Drive,
(Se Attachment A. Note nat it wife pass through another parcer owned by the same owrer as the
parcel can wtflch the development is probe ) The otorsection of Pa isade$ Boulevard and
Valley Vista Drive is presently configured as a three-legged lee' intersWoon with s1top•control on
the oawbourd Vatlay Vista Drive approach, Malley Vista. Drive approaches Palisades Boulevard at
approximately right angles, afthough Palisades Boulevard is c€iving horizontally as described
above_ Ar exis *g (break in the rated rrWOM allows all Movements into and from Valley Vita
D ive- With a width of, 18 feeL tt a eastbound approach is too narrow to allow two fr,.rrt-width approach
lasses: however, dust past tMe and of the median. it may be possible for rgfit- and left -turning vehicles
to separate. atlowiN the right-turring ► ehicle amass to Pafisades Boulevard if the left-tuming
vehl4je must wort for a gap in traffic to compie' e the left :urr rnovemen_
The second site mess (Bess B") is shown on the pier as being loceed across from the southern
of two d6voways (the "SRP Dri"way")that serves a facil,' y for the Soft River Project, which provides
electrical power to the area. The intersection of Palisades Boulevard and SRP Driveway is
preser'tty configured as a three -leg lee" interscrction without signagc, lout stopcontrol as
required by state, on :,he eastbound dfivevway approach to Palisades Boulevard_ The SRP
Driveway afaproaches Palisades Boulevard at approximazzely right angles. athotrgh Palisades
Boulevard is gently curvirg honzonially as described above. Are e)dsting; break in :he raised median
allows all movements into and flare lie SRP Q nv"ay, which is . With an urs;riped weh of 34 Feet
at Palisades Boulevard, the drNeswoy is wide r:rourgh to allow an entering vehicle and two outbound
exiling vehicles: howrevet vehicles cornirg and goirg kilos this would likely be a rare occurrence
Traffic Counts
To conduct. a proper analysis requires traffic courts. For !his exercise, i, was dwermired that
data from traffic volume coups published by the Town biennially supplernr;rted by itaffac data
recorded by Field Data Services of Arizona fFDS) or the Urt0d Civil Croup (UCG) for CivTech in
the past few years would be sufficient. In part this is due W the fee, that there is little regional
CivTech
* ?",7 ards, FFYj"rapi Br ie
-gage 3
"fl~ic that ocerufs. on Palisades Boulevard, The hista6cM •raffic counts reported by the Towr briar
tNs out. Yoof 2006 daily two-way voumes on Pallsedos Boulevard rorth d Shea Boulevalyd were
16150 vehicles per day (vpd). Ir• 2017. the latest year reported (graciously provided by staff
sirce the data is mr. yet available ore -line), they totaled fewer than 15,400 vpd, Ir, February 2014.
GivTe ch recorded Iwo days of two-way traffic volume's of 13.514 vpd and 14,160 vpd, ar average
of 13,837 vpd, or a ppmximately the same as the threi-aday average (13,230 vpd) retarded for .he
Towr the month more_ Attachment B providers the various traffic w'o1 urrie3 maps and traffic
counts upon ~which the analysis Dtrlow will be base Table I is a summary of some of *I"
reported traffic data from 2006 through 2017,
Tsblo 1 - Traffic Volume Data on Palisades Boulevard north of Shea Boulevard
tuts Source 5outhbound T Northbound Twos WY Total
Dasiv V101UPn s €n s
e'S:t.0S ,yrsr Da :
2€917
1own VT N1a;�i
7 e2
7 "71
15 3!Y3
2014
town al Mace
7,076
5.162
13.537
N 014
UC0 !vT
1.237
C923
141 f;
2A=14
UCG1',;ivTech
6.912
T5 e 1
13 514
117.114
FDSrrcrwn
5.758
OA111
13
IMU14
FD&Town
fa. 792
6,538 8
13
111W14
FDS.T«,hn
6.694
64ug
133M
201 U
T own 1k13T Mai:)
«,€a27
7J59
11,9m
2008'.f
m n T MA2
1
aim'_ €'wT Mai
VCak HOW VOILMCS ,r Vviiielbs por elFn,` vphi Eire Uircct�wza Wits in 1' lvice^t
FDSS?
Pf.4
-
1-00
A review of the vaf% data surnmartze in Table i mveals that there was a decrease it daily
volumes drop after 2006 ar?d that they volurelea haver ye.* rebound backto 2006 levels and that
the largest northbound hourty volumes most likely occur durirg the PM Doak period as F'oui%,`ain
HAI residents returrb horse during their afternoon commute. The directional splits between
seouthbound and r orthbound traffic volumes calculated from UvTe:ch's 2014 traffic counts are
75%.t25% (south ar>'dfriorthbourd) during the AM peak hour and 369ls 64%during the Plot peak
trpe,sr, reflecting the.:here1 are more Fourtair Mills residerts working outside of Fourtair kills : tan
roe-residonts working in Fountain Fulls Titus, this coWd be expoeted to be refloctexd if, fl`se trips
gorerated by the rxmults.family componert of 0aybmak
PROPOSED DEVELOPMENT
Arap sed Land Uses. The ;site: pfalr provided to QvTech shows two separate comporrers, a
)*;$ �l iriuiti,farrtily complex surmuriding an adult Iiving r porent. There; will be 270 rnult4amily
velling units, WC [Senior] Indapenaent hiving dwnre9lhrg units, and 30 Private Assistoa LAvir°g
rooms (a,e.. bodsl
Sde Trio Gonearation The potental trip giene iratlon for he proposed development was eslirnale:d
using data published it the latest (10i) edition of the Irstkute of TrarsporMbon Engineers (ITE)
Trip Generation Manual and Tfip Ganesa ♦on Handbook Y' Editran. The Trip Genefai5`Gn Manual
commins data ca.11ec*ed by various tmrsportaltior professionals for a wide rarve of different lard
uses The data are summarized in S15ef report are; averago rates aril equations have been
i stablishod that Col"0 ftd the miatiorrship botweer at', indepandont varra ale that describes the
CivTech
�r
D-�yb€ ak T-aff)c Maly-.-i�s, 2'd Subme!,Ia
NECShea r! Fountami F? is
PiryK-
Table 2 Trip Generation for the Proposed Development
P# irtx! t an
ITE
Land Us*
Code Lit $40 Units
VAWkd>ev Trl S
Dah
AMP** 14*ur
I PIN Psak
Hos►r
1 otal
In
r Total
In
To
arlmen!sind. AdUl S=
22'• 2713 Dwe' 7 ;lnils
2 o 0
28
95 123
901
53
"43
Sania-Ack-
252 1C,3 Dail -i mils
376
7
13 24
!4
12
2E
A,Ju:` ar rlorne6
22 Bag-&
4
cr
olirte
A
38
rr 140
1CO
69
It
developmem size and generated trips for each categortzx:d land use. The report provides
information for daily and peak hour ;rips. Table 1 surnmanzes the UV generator for the lar e
uses described above Attachment C is the detailed trip ge ration calculations.
A review of the results summarized in Table 'l mveals that the proposed Daybreak developmer•t
could gt r+erwe approximately 2,500 trips daffy m6th 148 (38 inil 10 out) generated during the A1S1
peak hoar and 176 (109 IN69 out) generale-d Curirg the MA peak hour
Ort-Sft Cimulation. As can be seer. on Attachment A, residents *0 have mess to t c-
proposed ske accesses_
Sie TO ,DistribOon and Assirnmni. The project site ,s
tented near Shea Boulevard, wvtrc#h is convwe lent to mttlor
employmert centers in both Mesa arr`d Sco-sda�e_ Therefore,
the sizable majority of she trips is expected to use Palisades
Boulevard toMrom Shea Boulevard during peals flours. As
reported above, CNTech had recorded hourty, bi-diroetiorYat
volumes atong Palisades Boulevard in 2014. Brrsce no major
ernployrner•t centers Crave opened within the Tow n's
boundaries since then, it can be assumed that to distribution
of the site :rips round sill be similar to the overall peak hour
directlonai splits found along Palisades Boulevard in 2014 arA
that, sinCe 80 percent or of the 'grips are ger^erated by the
apartments, that the sire trips could be distributed in similar
patterns. Thus, OvTech will assign 25% of the AM trips and
% of the PM trips to Palisades 8 talevard ro"bound and
itte rS3r't`taimtng peak hour site gips mit be dImcW southboiurd
A review cl Attachment A reVeals 3 total Of 12 resii w—iial
buildings ire the apartment complex. sever (58 ) of whim are
wlosar to proposim Amass A. Itte southern access, Since
guests of the apartments can be expected to use Access A
and the majodty of the parking wens for the Irdeper*dem,
Living and Care Home componer *s are closer to Access A
than to Access B, k will be assumed that 60 percent of the site
trips will use Access Aand tho rernainingl 40 percent will use
Access B Tho silo traps wens assigned to the two svie
accesses per those dis%dbvtiort percentages. The results are
illustrated in Figure 2_ also shown on Figure 2 are the
cumber of exiting trips expected each stay through each
dr¢veway fused on the 60%)40% access NAccess B apht
CivTech
Figure 2 - AM(PIV) Site Trip
Distribution & Assignment
t�y�r�h T r,,,ryrr. Elr�,•�yr�s, � .� �i++��°Mrf�
Paisadas Snide rds, Fount&r 4.0S
P-YX#7 I;
IMPROVEMENT ANALYSIS
Traffic Simi Needs Assessment. %.rx a the site accesses are currently arty in the planning
stage. actual hourly appoiaach tmffc vta;'urnes are riot avaiiable to conduct a b-afhc signal warrant
analysis per the aural on Uniform Tmffyc Cbnlfol Devices (M UTCO), Therefore, ITE's Manuat
ol7raffic S4rtal Desr'gri provides s methodology to do such an assessment of intentions tamed
on estimated futufe daily traTc volumes. Figure 2- 0 of the si" design manual (see
�ttnchment 0) provides the minimum warranting criteria in terms of estimated average daily
traffic volumes in vehicles per day (vpd)-
Warrants 1 and 2 of Figure 2-10 are daily versions of MUTC® Warrants 1. Conditions A and B,
respectively- Warrant 1, Condition A is known as the Minimum Vehicular volume warrant and
Warrant 1, Condition B is known as The Interruption of ConlJnuous Traffic warrant. (Mmani 3 of
Figure 2-10 is not applicable hem. since it is for existing intersections only.) Figure 2-10 pnN des
minimum daily major street volumes (total of two aoproaches) and minimum daily ^ninor street
volumes (hider volume approach) for urban and rural situalions for both warrants- (,As in the
MUTl0 houirly warrants, the rural criteria, applicable here dire to ttte expe l speed lir'rits on
Palisades Boulevard, are apprommately 70% of the urban criteria.) The warrants are met when
the rnapr street and rniror street vniunvas excel chose found in Figure 2-10 for the rural situation.
Table 3 sumirriarizes the results of assessments (cw either site driveway Please note that, since
volumes recorded on Palisades Boulevard have been at 8Pproxirnsataly 12..000 vpd or more since
2006 with no decoease expected. the currem daily volume exceeds the higtw of the two rnajor
str+eel volumes, leading bvTech to condttde that the m,*or street. volume world be Piet under
both Warrants 1 and 2. Therefore, in the analysis below. CivT'eth will only consider the taxi ingl
oufttmd dr�veway volurnes ja total of 1,250 for the site or half of the total 2,500 trips generated)
expecting to approach Amass A. thfough which 60 percent of the outbound trips are expected to
exit each day, a toUl outbound volume of 750 vpd when applying these warrants.
Anaiyvs. As noted, the volumes on Palisades Table 3 — Access A Traffic Signal
Boulevard already meet the major street volumes Needs Assessment Surnmary
specified in 'warrants 1 and 2. For Warrant t, with a
minor street volume criterion of 2,240 vpd, ttte
criterion would not only not be cot at either diriveway,
d would not be met if there were only a single site
driveway. For Warrant 2, 60% of the 1.250
exitinWouffxwnd silo trips (750 vpd) were assigned to
Access A. A daily approach volume of 750 vpd does
not exited the warrant -satisfying volurre of 1,120 vpd
for Warrant 2. Therefore. the results of the traffic
signal needs assessment summarized i in Table 3
indicate that a traffic signal would not be warranted
Simmiria
Pallsartas stove
nil
Site A A
A + .k, .was.
Min
2+, 2+
1dr;� i
_
1 �atisr���
.......
I?Iu!l,
h" r 5t t'
_.....
oue low voluMs from both site dr;vewayi '�y.Y: :4i M]u"'"D i� 3"'"_Ii mil, Azscd.3-Mac
approaching Palisades Boulevard under loth tl ''s�� era' c'-rm5x�ra dad-•.n��rrA:m.,,
ftnimum vehicle vN iume and the inlemiption of cD.r inuous tralkwarrantn.
Across from, Access A is Valley \ft a Naive, As notate above. Valley Vista Drive serves the Surarnit
at Crestvmw corrrnunity, which amild eventually have 68 single-family detached hrxnes_ Trip
generation calculations included o AttachmeM C suggest than the Summit comrnunty would not
generate more tha^ 70 trips durng eittaer peak hour. Thus. outbound trips on Valley Vista Drive
would not warrant a traffic signal either.
�/ C i v T e c h
Days' n* i rjjffit Anraiysrs, 71" ursm.,F:
& Pa4saaas BoU ras. bran H
pnrY
Auxn'ia Tum Lane Warrant and Qyeuinja Ana ems. The need for auxiliary rigtat- and left-tum
lanes appmxhing each driveway is asset here. The reeds will be baseet on to CDOT
requirements. which are found Sections 7.15.1 and 7.15.2, respecLvely, in the 2015 MCDOT
Roadway Dm;gn Menual (>RDIV) Eat sector^, is reprinted from the RDM below with an analysis
following. After each analysis., the; required grew storage capacities are discu d_
7.15.1 lt1f;)l T TLe>;t.'ti L.► EIE
A drivckvay right turrt decelcration hwe is rcgraired whrn either oftho folio ing is rtrct:
The outside lane has an expected volume of 250 Nish or greater and the right tarn
volume i� meter thin 55 VPh_
• Any three of the below critcria arc nwt:
n. At lcma 5,000 v0ticle per day arc u%ing or am cxpected to be wrung th+e adjacent
sheet.
b. The roadway*% posted speed limit is tcrcater than 35 mph.
e_ At least 1,000 vehicles per day are using or are expected to use the driveway.
dl At least 30 vehicl" are expected to nuke right -turns into the driveway within a
one -hour period.
Analynis. The Rf3M Pmsents two d4fere t methods or deteaniTwV the need for a right turn lane -
With respect to the first method, as p* eviously noted, the peak no Mbound VOlume of 750 vph was
retarded durng the PM peak hour. The 2017 daily volurne on Pafisades BWevard is reported at
greater r than 15,000 vpd_ "fats value: without can be used in the ana." any projected growth rate_
(riven that ttwe are two lames of nc &bound lraifc. even d it were assumed that the outs�de3 lane
would carry oNy foray pelt of that Imffic. there would be at least 3DO vo in the outside lane-
QvTech split the irbound PM peak hour traffic vol€ mes % to Access A and 40% to Amess D.
yielding a rnaxirmurr inbound rigs# lum volume of 42 right turns per hour and ass A, Therofwe.
this dem is riot sat 5fied, as the number of turns does not exceed the mQuirerrent of 55 vph.
However, the above assessment results in the satisfaction of at east two of tote four critera in the
second set of crritena, the daily volume and ti'�,e howly right tumirg volumes. Since the steed lirrit
rs 45 nVh, ttsat rrimft ar third criterion. Also, with an exxpecMd tnV gonemtit�n of 2,500 vpd divided
among just two driveways, it is also fikely that the fourth criterion. that of a two-way voi.urne of
1.000 vpd tosinrg V* drrmway. would also, be net. Therefore, the tour MCDOT criteria for
determining ft need for an awdlia y nght turn Iw* that the site drtveway are sateted and right
lure lanes are warranted at Wh site drivewrays, ffea8e mle that the devekoer antiCipafed this
awd arsd digit these right fum la°res t* shown, an Attachment A,
7.15.2 LEFT TURN LANES
Volumc warrants for adding a left turn lame to cithcr an arterial or collector roadway arc .5ho%m
urt Table 7.6. The volumes pravided ire Table~ 7.6 we the rnituxnwtt left turn peak hour voluane
and mini rr wn through volume in the sari diircction, Al left turn lane will be required if the left
tam peals how volume is equal to or gwater ffian the volume shown ir: `fable 7.6.
�! GivTech
J; fxjy:vvakh I r1fraf: Ar?,9y w-, ? ' ` tilh,
TABLE 7,6; VOLUME V4'ARRA.NTS FOR LEFT -TUN LANES
Peak hour
Traffic Vohumc.
on the Roadw3y
m the Advancing
Direction
Mincrraum Peak I [aur Loll -teen Traffic Volume
# of ttar 1 I sperdirection
I
2
= 45 MP11
Posted Speed
? 45 ' 011
Posted Spccd
< 45 MPH
t o0cd Sid
45 MPH
Posted Speed
:!� 200
30
is
201-300
12
12
40
30
3014W
i?
12
30
25
401.500
12
12
25
III
501-600
13
12
15
I:
1601 x I ON
12
12
10
8
1001 •
13
9
10
Analysis, CivTech clarified with MST IhW the lern "AdvanciN Direc lion" in the header of the
left; column means the direction in which the left tumfftg veh:ctes a, re traveling_ The peak numbers
of southbound left turns entering the site (24 and 15 at messes A and B, respectively) would
occur inuring the PM peak hour, vOwn the higl�esl scxrthbound traffic volume in 2014 br one hour
between 4 and 6 PM was 409 vph between 4:45 and 5,45 PM as shown on Attachr*nt B. The
six mwdedlrep®rted daily volums icr 2104 averaqed 13,544 vpd Sires the teporled 2017 daily
volumes were nearly 15,400 vpcl, CivTech applied a factor of 1-14 (15,400 + 13540 - 1.137) to
the 2014 hourly maximum vollurre 4f 409 vph to estimate that the ►zximurn Pill southbound peak
hour volume currently is approxormiteiy 466 vph Cis this, used on a "nu -yt rs•orrly'
approach-� not considering other factom, such as roadway geometry and sight distances --a
left term movement of 24 turns per hour would vwaffant a tarn tare approaching Ace A and the
15 left turns per hour into Ads B would not warrant one approaching that driveway.
us Stye. The MCDOT m-mimurn queue storage is 160 f€ t. approaching either a signalized
or urmignalzed intersection. Q'uesae storage calculations were made according to the
methodology documented in A Fblky on Geortt+etrlc Design of Hi ways and Streets (the
AASHTO "Coreen Bock'). For an unsignalized intersection. the stage tength for a turn lane is
typically estimated as the length required to hold the average number of arriving vehicles per two
mnutes The formutas used for the calculation is therefore: Sty Length - [(It vp1T30
Wo t ?hou*}] x 25 feet x 2. Thus, using this formula it can be estimates that a turn lane with the
rrrinimurn 160 feet of queue slorage can accommodate up to 180 turni j vehicles per tour,
(Looking at this from a different perspective, 160 feet can hold 6 typical passenger vehicles. which
are assumed to occupy 25 each front bumper to front bumper on the roadway_ If the 6-yehic le
capaoty Is two -minutes' worth, that infers 3 vehicles arrive per minute. which is a rate of 180
vehicles per hour_) Since the site is barely expected to grate 180 hips In and out darning the
busier peak hour (184 clump the PIVI peak r), none of Uh* required diary turn lanes recuires
more than the MCDOT rnnimum, queue storage capacity of 160 feet. Per the ROM, the approach
tapers to the turn lanes can be as shcsrt as 80 feet long, which is simlar to anther tapers for bath
left- and right -turn Enos along Palisades; Bou*varq
Sight gist e. Adequate sight distance must be provided at intersections. A sight triangle >s the
area encompassed by the line of sight from a st%rpErcl vehicie on " mirxx roacMay to the
appmaching vehicle an the ma or roadway, acre m rA be sufficient unobstructed right distance
along teeth approaches of a street or driveway inters lion and acmes their included cornets s to
i. CivTech
D aytreak ir(frr AraafM& �T'= Suun�t:`-d
NFr, Shoo 8 Pallssarfes F fmn f*w;
pagr ,R
allow operators of VehiCWS 10 s each other In firm 10 pfevernt a coflisiM, There must also %
sufficient sot dstance along the ngor street to allow a driver intending to term Ieft rtto the site to
see a ve hde approaching in the apposile dtre:ction.
A development can ensure twat adequate sight dish is provided at the interseclitxIs for left
and right turning mawernents from the de vek)prnent in several ways by keeping sight lines free of
obstris>cWns.
An intersection sighl distance analyses was perfomvd to set guldeelinees for establishing lines of
&,iglu for the Prormsed devoloprrent at the site accesn points. Using the guideline , t forth m It*
AASHTO Greer Book, apixoplate sight distances were cafculated for a Left tum from ttie
driveway (Cases 81-), a right tarn from Me driveway ( Case 132"), a crossing rrrravement from the
driveway ("I se l330 and the 10 tum nvvemnt into ft site driveway iCase F'). Recommended
&ght distart es for r vvennents irony site driveways are summarized in Table 4. Sight tdang`e
calculations are rncltx:led as Attachment E.
Tape 4: Required Sight Distances
Posted/
Case B1A33
Case B2
Case F
Design
Left TunV
Hight Turn
Left Turn In
Speed
Crossing Movexment
(W left of
(A Awed an
Raadw s
—Am-ph)
to right of drivewva
d6vewa
Maier Road
Palisade, 31VC at Site ACWSs
1 45.45
595'
456-
40C
f;,iv'fech recommends that sight vas,61ity tdangies al the site driveway be provided per .AA HTO
gWe4ines. wth 595 feel of sight distance to the right of fire driveway for °eft-turn6g vehicles (Case
81), 455 feet to the left of the driveway for right lurning vehicles (Case E2), 595 feet for vehicles
intending to cross the roadway (Case 83), and 400 fee + for left -burning drivers as "y approach
€sutler site amass on scuthbc and Palisades Boulevard (Case i<). Please note tint OvToch has
confirmed ftwsew sioat divances ioi th the site cW "gitwor, WW can demonsfeaMq on f
roil,5trtrc bon dbcurrwis Mat ftse ,sight &sNmvs are 'eva .
As rVed Previously, the sarr-e awner also owns ttre adjacent parcel on which Daybreak is posed
and Access Aa hab been routed through '1f'rat adjacard property_ A review of the site plan.
Attachment. A, shows a driveway location for Access A that was considered nearer the boundary
between the two PmDerlies, Actess A as sh~ does not require another 63n opening and �
allows the dnveway approach to be ftatierr, provides the proper sight distant e's, and wand beeorne
a sharers driveway w.th any future development on the surrounding parcel. For this rerason, CivTech
wound re convnend Access A be left in the location shove, on Attachment A..
In addditxm, witfun designaW s:gtd vi4,bjlAy triangies. IandsC&ping s1mid to rnwntanned at a
r ximttrr. of two (2) feel in height Tree brartJ*s longer Man sin (7) feet shoW be Virg and
rrraintalred to meet current acceptaUe L-Msrape requirements.
CONCLUSIONS AND RECOMMENDATIONS
Baled on the above, CivTech has tlie foiloati ng conclusions and remmmendat-ons-
' The dosed Daybreak developmrit could generate appro)6malely 2.,6w taps daily with 148
f33 iTV110 out) generated during She AM peak hour and 178 0 09 01159 out) generated during
ttv PM peak hour.
!= CivTech
E,W yl"aarr iru"Ir. Andytws, : S-etrmthii
P14 n �)
• GivTech Calculated from hourly volumes recorded in 2014 that 750/4 and 64% of ftse site tiros
would be ! from Shea Bwlwafd Ca_e., to the soulh) during the AM and PM peak hour's.respectrvely with tt�,e remaining 25% and 36% would be tolfrom Ralsades Boulevard to the north.
• The four MCDOT criteiaa for determiniinq the need ror an autiliar'y ripM turn lane that the site
dhve%vay are satisiSed and right turn lanes are %arranted at bath site driveways. Both drrvemys
am stx7wn on the site plan.
* Using a mbers-only approach Ctxm'bining the highest peak hoar' soulhbound left -turn
volumes into the site aoesses and the volumes of through traffic da.rrirg that same peak hour,
a left turn lane is warranted approachiN Access A, but not appToaching Access B.
The results of the "Ific signal needs assessment indicate that a traffic signal would rat be
warranted at either Aocess A o` Access B due to low oulbound°e)dting voluivs aporoacsirig
Palisades Boulevard from the driveway un4er both the minimum vehicle volurrwe and the
intera'uption of contnuous traffic warrants.
• None of the reg6,ed auxiliary turn lanes requim nvre than the MCCOT ir►ininvrn cueue
store capacity 00 160 feet. Per the RDNI, the approaM tapers to ft tum lanes can be as
short as 80 feet bang, which is similar to otlw tapers for both Yeft- and right wm lanes a►ong
Palisades BmIavard.
QvTech recommends that sight visibiltly triangles at the site driveway be provided per AASHTO
gui"iine s, with 595 feet of sight distance to the right of the cirivewNay fat left-turnIN vehicles (Case
81), 455 fret to the left of me driveway for rigt'rt turrw nq vebic i s (Case 132),. 595 feet for we des
inWdng to cross !'�e roadway (Case 1133), aind 400 feet for left turning drivers as they approach
either site wxess on wwhbound Palisades Boulevard (Case F}, CivTod? leas confirrxred O)eso
.sight dslances WM the set& dvif engeneer, who can derwnstrafe an the coostrEjOon documents
that these s+gfrt 6stances are achievable,
• Within dessgnatad sight visibility triangles, landscaping &hrauld be maintained at a maximum of
two (2) feet in height. Tree branches lower than seven (7) feet should be trimme€f and
maintained to r ve! cement acmptable landscape requirements,
Thank you for alltYuv ng QvTech to assist you on this project, Please C ontad mewith anyr quest**
you may have an this TraMc. Analysis.
Sincerely,
t OwTech
t
I
F. Spadafin , P.E., 0a. PrP
Project ManairerlSenior Traffic Engineer
A=chments (5)
A. rift, Rao
a. 1 raffC :-r Qarn
�. Triyt Cyan ��
D Dail SiPV Watra-1
L. $rt Dish. Caick
�.�r��{�N1 kdl WSki%�aiaf al�RVil 4dlMre, wreA3F4 wgr111d3 �%iM[(l,r rrM�l �I{�t! Irrk
CivTech
L— -/
NORTH
ft, w tkod
A nach ent A: Site PI an
CwTee hr
Intersection Turning Movement
Prepared by:
'�tpm n O*va fie:e-, ier.z nit OYlromA twr
r 71 iz' .
"ect #- 14-1017-001
FMC'SUMMARYQFPa%sadg,-,; Md. & F le &Ld e L%:
APMVCM LANES
4* RAje Dr. Eeg{r 9
md4e Dr.
AM Ems• fre T"'-��
35 16 19 t . awmai _ 24 19 43 p
i 12 7
0 37 14 24 73 1
E m
ro[nr�t]w r. sx-i�x7-�i
a 21 1
wA�r�arx o1,�L�rm2#
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attadmemE
1212012018
J. Power of Attorney
LIMITED POWER. OF ATTORNEY
Pacific F14 Resort. l J.(,' f''FIlR"jbcvr faints idil:rop Vista Pmpr"i, LLC by
W Rough I%auk rMntatives, as it 41110rnvyr.kntlrt to act for FHR flefthy pTX.V' S HVP
full power mid authority to perform those aim fir FHR aand m FHR's mane, p' xr, and stead on!y as.
+expressly prtsvi&d below in any Lim-5rl way wM w1cly with respect to tlae Ajttxwi:Wd Ac (dfxnted
be1c,W).
l . Ily plmeing my initials They description of the Atftkorizcd Acts, and by cm:tinyt
the wimm to ply his or her initials below, FHR wknowlcdg= it has mviewed and
approved of the deleption beftwulier of x1t Authorized Acts described below:
l tIR Eby ap rots, girls a M grap% to HVP full power to do *11 NAP a netessary
t£r neptitate, exccartc and delim on F:H K's ' hWf, arry dommml it deearts.rmonably
rccaiary to rezom the Trope in a manner daermined sok-ly by IIVP mid to obtain
theracesr remofthe Property for aa uhederdetacbed:resi4entialdwe'lings
(tiom for rem or for a »restTkc, rrsidcntisl. retail and 1w:61 L=
("Rezoning"), which shall IrKlude, but wl be limited to a zoning appireeNon, a
atr"ral plainarusradrraerat apfsl�ca4son, a rlrtltapertt agxrctnetzts a pie':taary
p1m C A uthonzed Acts") of 'die aMrox itnafly 59_9 acres of land known as tl
-Fou amin HiIis Resent Prc+pcvy" located art. the northeast ooma of Shea Blvd, and
Palisades Blvd, its FourWn !fills, ,ski., Mati pa County Ux atwsstar parcel rs=bCrs
17' 14-560 aW 1 rd-14-561 � %Ouch is nwre fully described on Cxhlhit "At'"artached
in this Letter (the" perty").
initials. FHR kl� Witness I
2 This Poy4r of Attorywy is ective irr awdiaWy aW stall continoc vintil the sraoner to occur
of the temWution of tbe. Agmeffient for the Sale of Real Prtipeny belmm FHft md HVP
dated 0z',,cber 17, 2019 or ffie closing of the Purchme of the ?ry;t by HVP pummt to
that ApmrxM for the S31C of Real plopeM (the "Termnatior, Dxe)2'
HIR herby rstrmi.t th.L* a[l perioni "y tell% upm this Power of Attorney urticn such
.pason'.%w actual .notice ofthe ttrminatim of this Power of Attomey The expirstitm*f tbix
Power ofAnomey orgy the Tertraintaio s Die sba11 not affect the validity of any Kbon taken
by Hsi" p=umnx to this Power of Arwmey prior to the Termination Dare. IIVP
ack w1rdges that, in the c3=t HVP fails to acquire fcc title to the arty, FIiR Ali have
the option of retaaWn& the Rc7oning or not retaining such Rezoning
4. .If any prrvi.wn or prroyi%iora ofthis Power of Altionxy s?aail be held to be invalid for any
TC450n, the other prvveaionx Ofthis Power of Attorney SMI w-Nvertelrss remain in full forte
aqd cff,=
-( The laws of the State ol`k-iionn shall govern this Puwcr of A►ttcarroey m all respe .
The uMeniFJ-m-4 :•rtl y Mies that he is an authvaizg4 rertsentativc of l: -HR ar-d has i�c
right aril poutr to sign thii Po%v ofAttorney or: befit of MR.
Vated: NovrmbtrP, 20E8
Pacific FH RAW
* L iC`
rr✓
As iU, ,13-D t
WIT NW' i,siVi my n&Tw dCt this Pt}vxcr of Actonev bein g
first duly s►om atad I do declare to the undersiptd authuriiy dhal d is pemn suing this Fewer of
Attar on beef o€Paei5c iFH Rom. LLC has MW that he has the powet &W auOjw-'v to li
and hw sigmw d thig Power of Attorney ar Parilic F11 Rwrt, LLC`s power of attorney arsd that l e
signed it MIUgiy, and that I, in the prewme and hea g of the sipatrrry above, siped this pouir
of attarney as a wig to Thetis sigrdns and that to the tress of arty knowledge the sigratory is
rightmn yean of age or olda. of x=d mind and under no coMraint or W43C in ucMe,
Signamra of WFsrtr :
STATE 4F MUZO 'A)
COUNTY OF .MARICOPA
foTegoing Pouw of Aztomc,,v ww acknowledged Wh= we, ttatundersigned Notary Public,
this ay t Sober°, ,2o i 4, by Ate. � the �r of paei�ic f i { Re rti, LLC, an
Ariz timiled lia> 7ity company, on bcWtof the limited liability z y, and i
the %Vanen.
WFCVL
USA MALMTON
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RESOLUTION NO. 2019-52
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING A DEVELOPMENT
AGREEMENT BETWEEN THE TOWN AND HILLTOP VISTA
PROPERTIES, LLC
ENACTMENTS:
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. The Development Agreement between the Town of Fountain Hills and Hilltop
Vista Properties, LLC is hereby approved in substantially the form and substance
attached hereto as Exhibit A and incorporated herein reference.
SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are
hereby authorized and directed to execute all documents take all steps necessary to carry
out the purpose and intent of this Resolution.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, this
23rd of October, 2019.
FOR THE TOWN OF FOUNTAIN HILLS
Ginny Dickey, Mayor
REVIEWED BY:
Grady E. Miller, Town Manager
ATTESTED TO:
Elizabeth A. Burke, Town Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
DEVELOPMENT AGREEMENT BETWEEN THE
TOWN OF FOUNTAIN HILLS AND
HILLTOP VISTA PROPERTIES, LLC
This Development Agreement ("Agreement") dated , 2019, ("Effective Date") is
between the Town of Fountain Hills, Arizona, an Arizona municipal corporation (the "Town")
and Hilltop Vista Properties, LLC, an Arizona limited liability company (the "Developer"),
together, the "Parties."
RECITALS
A. Developer has entered into a real estate purchase contract for the purchase of
approximately 59.8 acres of real property located in Fountain Hills, Arizona, more particularly
described on Exhibit A, attached and incorporated into this Agreement (the "Property").
B. Developer intends that the Property be developed for multi -family and related
uses, including a portion for age -restricted multi -family units (the "Project"), according to the
Site Plan that is attached to this Agreement as Exhibit B (the "Site Plan") and the "Daybreak
PAD" attached hereto as Exhibit C (the "PAD"), both of which are incorporated into this
Agreement.
C. The Town desires that the Property be developed and has determined that
encouraging the development of the Property pursuant to this Agreement will result in significant
planning, economic and other public purpose benefits to the Town and its residents by, among
other things (i) the construction of public improvements, (ii) development of the Property in a
manner consistent with the Town's General Plan, (iii) an increase in sales tax revenues to the
Town arising from or relating to the development of the Property and (iv) the creation of new
jobs and otherwise enhancing the economic welfare of the residents of the Town.
D. The Parties understand and acknowledge that the ultimate development of the
Project on the Property is a project of such magnitude that the Developer requires assurances
from the Town that the Project will be developed as contemplated by this Agreement. Developer
intends to complete the acquisition of the Property and thereafter it is intended that the Project
will be developed on the Property subject to and in accordance with the Site Plan and the PAD.
The Parties further understand and acknowledge that the Town seeks assurances from the
Developer that the Developer will complete certain Public Improvements necessary for the
development of the Property in accordance with the Site Plan and the PAD.
E. The Parties understand and acknowledge that this Agreement is a "Development
Agreement" within the meaning of and entered into pursuant to the terms of ARIZ. REV. STAT.
§ 9-500.05, in order to facilitate the proper development of the Property by providing for, among
other things (i) conditions, terms, restrictions and requirements for the Property by the Town and
(ii) other matters related to the development of the Property. The terms of this Agreement shall
constitute covenants running with the Property as more fully described in this Agreement,
subject to the Closing Contingency, as defined in Section 7.2.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, the promises contained
in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of
which the Parties hereby acknowledge, the Parties hereto agree as follows:
1. Incorporation of Recitals. The introduction and recitals are true and correct and
incorporated by this reference as if fully set forth herein.
2. Term. The Developer, its successors and assigns, shall have the right to
implement development on the Property in accordance with this Agreement for a period of 10
years from the Effective Date. If development of at least one phase of the Project is not
commenced within this 10 year period, this Agreement shall automatically terminate as to the
Property without the necessity of any notice, agreement or recording by or between the Parties
(the "Term"); provided, however, that provisions of this Agreement that specifically survive the
termination of this Agreement shall remain in full force and effect, subject only to the
termination provisions herein specifically related thereto. For purposes of this Section 2,
although grading of the Property may occur seperately on one or both of the phases of the Project
at any time, "development" shall mean the commencement of vertical construction beyond
grading and foundation work for which a construction permit is issued.
3. PAD Rezoning. The PAD, which is attached as an exhibit to the Town Council's
approved ordinance that adopts the PAD rezoning, including all stipulations, alterations and
conditions included as part of its approval is referred to herein as the "PAD Rezoning
Ordinance." The Parties agree and understand that all items submitted in the PAD application,
and any letters, comments and other materials explaining or discussing that application and
PAD Application brochure are of no force and effect, and that Developer and Town shall look
solely to Town's regulations, the PAD Rezoning Ordinance, and this Agreement with respect to
the zoning regulations for the Property. To the extent any conflict arises as between the PAD
Rezoning Ordinance, this Agreement, and the Town's regulations, the PAD Rezoning
Ordinance shall control first, then this Development Agreement, and then the Town's
regulations, in that order of precedence.
4. Amendment to Plat. The Property has been previously platted by the Fountain
Hills Resort Final Plat, recorded in the Maricopa County Recorder's Office, Book 597 of Maps,
Page 42 (the "Current Plat"), which includes certain restrictions, dedications, easements and
other matters shown on the Current Plat. Pursuant to the Town of Fountain Hills Subdivision
Ordinance, Article 2, § 2.07.A for Minor Plats, the owner of the Property shall process a Minor
Replat prior to securing a building permit. The Town agrees to process the Minor Plat
Amendment creating the new lots.
5. Matters Relating to Development of the Property.
5.1 Plan of Development. The PAD, the Daybreak Final Plat and this
Agreement collectively constitute a "Plan of Development" which includes modifications to the
PA
Town of Fountain Hills Subdivision Ordinance (the "Subdivision Ordinance") and Town of
Fountain Hills Zoning Ordinance (the "Zoning Ordinance"). It is the intent of the Parties that the
Project be constructed in accordance with the Subdivision Ordinance and the Zoning Ordinance
as amended by the terms of this Agreement (the "Zoning"). This Agreement is limited in scope
in that its sole purpose is to allow for the limited set of modifications to the Subdivision
Ordinance and Zoning Ordinance set forth herein.
5.2 Zoning. Concurrent with the execution and approval of this Agreement,
the Town has approved the PAD Rezoning Ordinance and the PAD.
5.2.1 Timing of Vesting. The Zoning in the Property is hereby vested
subject to the satisfaction of the Closing Contingency.
5.2.2 Vesting Defined. "Vested" means that for a period of 10 years after
the Effective Date, the Town shall not, without Developer's (or its successor's) written consent,
(i) change the Zoning, or (ii) amend a zoning classification or (iii) take any other action in a
manner that would apply to the Property, where any such change, amendment, or action would
reduce the density, permitted uses, or development standards provided for hereunder or
otherwise in effect as of the date hereof.
5.3 Density.
5.3.1 Maximum Number of Units. Pursuant to the PAD, Developer shall
be permitted to develop, and the Town shall approve for development, a final plat and site plans
for development of the Property for the number of multi -family units requested by Developer,
provided there shall be no more than 400 multi -family units within the Property.
5.4 Subdivision Standards. The Town's Subdivision Ordinance establishes the
standards for location and installation of infrastructure within the Property (the "Subdivision
Standards"). The Parties agree that certain variations from the Subdivision Standards are
appropriate for development within the Property. Accordingly, the Parties hereby agree to the
following variations from the Subdivision Standards:
5.4.1 Retaining. The Town hereby approves retaining walls with a
height of (a) six feet for cut slopes, without handrails and (b) eight feet for fill slopes, without
handrails, unless (i) a sidewalk or pathway is within five feet of a retaining wall or (ii) a site
roadway or parking area curb is either within ten feet of a retaining wall or is within 20' of
Palisades Boulevard, in which events a handrail shall be required.
5.4.2 Cuts and Fills. The prohibition in Subsection 5.03(D) of the
Subdivision Ordinance against cuts in excess of 10 feet in height is hereby waived. The Parties
agree that the cut and fill standards shall be modified as provided in the PAD.
5.4.3 Mountain Cut Standards. The Town has concurrently herewith
approved the PAD which, where permissible in the reasonable judgment of Developer's
independent soils engineer, provides for exposed cut slopes equal to one and one-half foot
horizontal for every one foot vertical (1.5:1) (the "Mountain Cut Standards"). Grading standards
shall follow the standards approved on the PAD. Notwithstanding the foregoing, un-retained
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slopes may be up to 2:1 for fill slopes. Un-retained slopes may exceed 10 feet for cut slopes so
long as the natural material is stable as determined by Developer's independent geotechnical
engineer and Town Engineer. The Town agrees that the Subdivision Standards shall be further
modified in conjunction with its approval of the final plat to allow development of the Property
in accordance with the Mountain Cut Standards.
5.4.4 Sanitary Sewer. The sanitary sewer system for the Property will be
designed to the specifications of the Fountain Hills Sanitary District and subject to approval by
the Fountain Hills Sanitary District and review by the Town.
5.4.5 Water. The water systems for the Property shall be designed to
specifications established by EPCOR and subject to approval by EPCOR and review by the
Town. The Town shall have final approval relating to fire flow design, which shall conform to
standard Fountain Hills code practices.
5.5 Zoning Standards. The standards for land use within the Property shall be
as provided in the PAD (the "Zoning Standards"), which Zoning Standards are incorporated into
and made a part of this Agreement.
5.6 Miscellaneous Enaineerina Matters. The Town hereby approves (i)
roadways, parking areas and driveways using CMP pipe to carry street flows; (ii) warranty curb
replacement at five-foot intervals; (iii) roadways, parking areas and driveways with drop
manholes, and (iv) other minor variations from Town policy, as set forth in this Agreement (the
"Miscellaneous Matters"). Facilities for the collection of water shall be designed so as to retain
safely and adequately the maximum expected storm water runoff volume equal to the difference
between the predevelopment condition and the post development condition for a 100-year storm
event. Detention basins shall be sized for specific drainage requirements for the Property.
Detention basins need not be oversized, and no land area will be required to be set aside for
additional uses.
6. Additional Obligations of the Parties.
6.1 Land Disturbance. Notwithstanding permitted disturbance according to a
slope analysis per Article 5 of the Subdivision Ordinance, Developer agrees to increase acreage
set aside for non -disturbance from 19 acres to 33 acres, which shall be within the hillside
protection easement, as shown on the Daybreak Final Plat, and remain in its natural state.
6.2 Moratorium. The Town may not enact any moratorium, ordinance,
resolution or other land -use rule or regulation or limitation on the rate, timing or sequencing of
the development of the Property not in effect as of the date hereof, for a period of 10 years.
6.3 Utilities. Developer acknowledges that the Town, at the date of execution of
this Agreement, provides no municipal utility services (except trash collection); has no control
over the provision of services by other entities; and makes no representation with respect to the
availability of such services provided by other entities. Notwithstanding the foregoing, the Town
agrees that in the event it provides municipal utility services in the future, the Town (i) shall
make such services available to the Property on the same terms of availability as are applicable
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to other similar real property served by the Town, (ii) shall continue to provide such services as
reasonably required in connection with development and use of the Property, and (iii) shall not
adopt policies and procedures with respect to the provision of such services which would delay
development of the Property.
7 Developer's Obligations. Developer shall perform all of its duties as set forth in
this Section
7.1 Zoning Adherence and Performance. Developer agrees that the
development of the Project shall be in accordance with the PAD.
7.2 Closing Contingency. Developer agrees to use reasonable efforts to
complete the acquisition of the Property (close escrow and confirm ownership) for development
of the Project not later than 180 days after the Effective Date. The effectiveness of this
Agreement is expressly conditioned upon Developer or an affiliate or assignee of Developer
acquiring fee title to the Property (the "Closing Contingency"). If Developer or an affiliate or
assignee of Developer does not acquire such fee title on or before 180 days after the Effective
Date, then this Agreement shall automatically terminate.
7.3 Public Improvements. Developer shall design and construct all public
improvements associated with the Project for street, sidewalk, traffic mitigation measures, and
landscaping improvements to Palisades Boulevard as set forth in Exhibit C and as described in
Exhibit "D" ("Public Improvements"). Upon completion and acceptance by the Town,
Developer shall dedicate all such Public Improvements to the Town.
7.4 Phased Development. The Town acknowledges that Developer plans to
develop the Property in up to two phases generally set forth on Exhibit "E" to this Agreement.
7.5 Performance Bond. The Developer, at its expense, shall provide the Town,
with a performance bond in such form as reasonably required by the Town Attorney and Town
Engineer in an amount equal to the estimated hard costs of the Public Improvements to ensure
that the installation of Public Improvements necessary for development of the Property will be
completed (the "Public Improvements Assurances"). The performance bond for any Public
Improvements shall be required at the time permits are issued for the first phase of the Project.
7.6 Third Party Review and Inspection. If expedited review of any plans is
requested by Developer, upon receipt of such a request, the Town shall discuss the request with
Developer and Town staff to determine who the Town will retain as its outside consultant to
complete the expedited review. Once the Parties reasonably agree on (i) the applicable time
frame for review, (ii) the applicable outside consultant, and (iii) the consultant's total fees,
Developer will be responsible to promptly pay the Town's actual cost related to outsourcing as
such costs are billed to the Town. The Town shall complete the review process as outlined above
in a timely manner.
7.7 Dedication and Acceptance. Upon completion by Developer of any Public
Improvements, the Developer shall promptly (A) notify the Town in writing of the presumptive
completion of such Public Improvements and (B) dedicate to the Town, at no cost to the Town,
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such Public Improvements free and clear of all liens and encumbrances and in accordance with
Town standards applicable to such dedication and acceptance. So long as such Public
Improvements are constructed in accordance with Town standards, as verified by the inspection
of the completed Public Improvements by the Town Engineer, all punch list items have been
completed, and the Public Improvements are free of any liens and encumbrances, the Town shall
accept the Public Improvements. The Town shall notify the Developer, in writing, of the Town's
acceptance of the Public Improvements within 30 days after notification and shall then promptly
release the applicable Performance Bond. Subject to the warranty in Section 7.8, after acceptance
of any Public Improvements, the Town shall maintain, repair and operate such Public
Improvements at its own cost, which obligation shall survive any termination of this Agreement.
Developer, at no cost to Town, shall dedicate, convey or obtain, as applicable all rights -of -way,
rights of entry, easements and/or other use rights, wherever located, as useful or necessary for the
operation and maintenance of the Public Improvements as required by the Town.
7.8 Warranty. Developer or its assignee shall give to the Town a one-year
warranty for all Public Improvements, which warranty shall begin on the date that the Town
accepts the Public Improvements as provided in Section 6.7. Any material deficiencies in
material or workmanship identified by Town staff during the one-year warranty period shall be
brought to the attention of the Developer or its assignee that provided the warranty, which shall
promptly remedy or cause to be remedied such deficiencies to the reasonable satisfaction of the
Town Engineer. Continuing material deficiencies in a particular portion of the Public
Improvements shall be sufficient grounds for the Town to require (A) an extension of the
warranty as to that portion only for an additional 90 day period and (B) the proper repair of or
the removal and reinstallation of, that portion of the Public Improvements that is subject to such
continuing deficiencies. Regardless of whether the applicable warranty period has expired, the
Developer agrees to repair any damage to the Public Improvements caused by Developer's
construction activities on the Property. Nothing contained herein shall prevent the Town or
Developer from seeking recourse against any third party for damage to the Public Improvements
caused by such third party, but Developer's seeking such recourse shall not be cause for
Developer to delay remediating any deficiencies.
7.9 Shuttle Service. Shuttle Service shall be provided for the age restricted
portion of the Project.
7.10 Payment of Charges. Developer shall pay to the Town all applicable and
lawful charges prior to the issuance of a construction permit, for platting, site plan, rezoning,
permit, development, building inspection, and plan review fees imposed by the Town as of the
Effective Date.
8 Cooperation and Alternative Dispute Resolution.
8.1 Representatives. To further the commitment of the Parties to cooperate in
the implementation of this Agreement, upon the request of Developer or the Town, the Town and
Developer shall each designate and appoint a representative to act respectively on behalf of the
Town and its various departments and Developer, except as otherwise provided in this
Agreement or by law. The initial representative for the Town shall be the Town Attorney, and
the initial representative for Developer shall be Jeremy Hall or other party as identified by
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Developer from time to time. The representatives shall be available at all reasonable times to
discuss and review the performance of the Parties to this Agreement and shall cooperate in order
to facilitate any third -parry action needed to complete the actions contemplated by this
Agreement.
8.2 Impasse Procedure. If an impasse or dispute arises out of or relates to this
Agreement, or the breach thereof, including without limitation the submittal, its interpretation or
intent, or processing and approval of the final plat, the Parties agree to first try in good faith to
settle the dispute by negotiation. In the event of any such negotiation, the Parties shall personally
meet in an effort to resolve such dispute within 20 days of written request to do so by either the
Town or Developer.
8.3 Default Cure. Upon a failure or unreasonable delay by any Party to
perform or otherwise act in accordance with any term or provision of this Agreement, and failure
of the procedures set forth in Sections 8.1 and 8.2 above, the other Party may give written notice
of default specifying the nature of the failure or delay and the manner in which it may be
satisfactorily cured, if possible. In the event such failure or delay is not cured within 30 days
after notice of nonperformance is given by the non -defaulting Party, such Party will be in
default. In the event of such default, the non -defaulting Party may seek as its remedy, either the
damages reasonably related to the breach or specific performance. If the nature of the defaulting
Party's nonperformance is such that it cannot reasonably be cured within 30 days, then the
defaulting Party will have such additional periods of time as may be reasonably necessary under
the circumstances, provided the defaulting Party promptly (i) provides written notice to the non -
defaulting Party and (ii) commences to cure its nonperformance and thereafter diligently
continues to completion the cure of its nonperformance. In no event shall any such cure period
exceed 90 days.
9 General.
9.1 Notices and Requests. Any notice or other communication required or
permitted to be given under this Agreement shall be in writing and shall be deemed to have been
duly given if. (A) delivered to the Party at the addresses set forth below; (B) deposited in the
U.S. Mail, registered or certified, return receipt requested, to the address set forth below; or (C)
to a recognized and reputable overnight delivery service, to the address set forth below:
If to Town: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Grady Miller, Town Manager
With a copy to: Pierce Coleman PLLC
4711 East Falcon Drive, Suite 111
Mesa, Arizona 85215
Attn: Aaron D. Arnson, Town Attorney
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If to Developer: Hilltop Vista Properties, LLC
c/o Jeremy Hall
14550 N. Frank Lloyd Wright Boulevard
Scottsdale, AZ 85260
jgh@phxinterests.com
With a copy to: David V. Suson, Esq.
109 Cherrywood
Bellaire, TX 77401
or at such other address, and to the attention of such other person or officer, as any Party may
designate in writing by notice duly given pursuant to this Section. Notices shall be deemed
received: (A) when delivered to the Party; (B) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage; or (C) the following business day after being
given to a recognized overnight delivery service, with the person giving the notice paying all
required charges and instructing the delivery service to deliver on the following business day. If
a copy of a notice is also given to a Party's counsel or other recipient, the provisions above
governing the date on which a notice is deemed to have been received by a Party shall mean and
refer to the date on which the Party, and not its counsel or other recipient to which a copy of the
notice may be sent, is deemed to have received the notice.
9.2 Amendment. No amendment or waiver of any provision in this Agreement
will be binding (A) on the Town unless and until it has been approved by the Town Council and
has become effective or (B) on Developer unless and until it has been executed by an authorized
representative of Developer.
9.3 Headings; References. The headings herein are inserted only as a matter of
convenience and for reference and in no way define, limit or describe the meaning of any
provision or the scope or intent of this Agreement nor in any way affect the terms and provisions
hereof.
9.4 Time of the Essence. Time is of the essence with regard to performance
under the terms and provisions of this Agreement, and any amendment, modification or revision
thereof, with respect to the actions and obligations of each person bound by the terms hereof.
9.5 Attorneys' Fees. If either Party commences an action against the other to
interpret or enforce any of the terms of this Agreement or because of the breach by the other
Party of any of the terms hereof, the losing Party shall pay to the prevailing Party reasonable
attorney's fees, costs and expenses, including expert witness fees, incurred in connection with
the prosecution or defense of such action. For the purpose of this Agreement, the terms
"attorney's fees, costs and expenses" shall mean the fees and expenses of counsel to the Parties
hereto, which may include printing, duplicating and other expenses, air freight charges, and
billed for law clerks, paralegals, librarians and others not admitted to the bar but performing
services under the supervision of an attorney. The term "attorneys' fees, costs and expenses" also
include, without limitation, all such fees and expenses incurred with respect to appeals,
arbitrations and bankruptcy proceedings, and whether or not any action or proceeding is brought
with respect to the matter for which said fees and expenses were incurred.
9.6 Recordation. This Agreement shall be recorded in its entirety in the
Maricopa County Recorder's Office not later than 10 days after the sooner to occur of the date
on which it is fully executed by the Developer and the Town or the date on which the Town is
notified that the Closing Contingency has been satisfied..
9.7 Choice of Law, Venue and Attorneys' Fees. The laws of the State of
Arizona shall govern any dispute, controversy, claim or cause of action arising out of or related
to this Agreement. The venue for any such dispute shall be Maricopa County, Arizona, and each
Party waives the right to object to venue in Maricopa County for any reason. Neither Party shall
be entitled to recover any of its attorneys' fees or other costs from the other Party incurred in any
such dispute, controversy, claim, or cause of action, but each Party shall bear its own attorneys'
fees and costs, whether the same is resolved through arbitration, litigation in a court, or
otherwise.
9.8 Good Standing; Authority. Each Party represents and warrants that it is
duly formed and validly existing under the laws of the State of Arizona with respect to
Developer, or a municipal corporation within Arizona with respect to the Town and that the
individuals executing this Agreement on behalf of their respective Party are authorized and
empowered to bind the Party on whose behalf each such individual is signing.
9.9 Assignment. The provisions of this Agreement are binding upon and shall
inure to the benefit of the Parties, and all of their successors in interest and assignees of
Developer, and/or sub -developers who may acquire an interest in all or a portion of the Property,
if applicable. Developer may assign this Agreement in whole or in part. Upon any assignment of
this Agreement, Developer shall be fully released from any obligations, duties and/or
responsibilities under this Agreement, provided such obligations are assumed by the assignee. If
Developer conveys an interest in only a portion of the Property and any proposed assignment is
for less than all of Developer's rights and responsibilities under this Agreement then the assignee
shall be responsible for the performance of each of the obligations in this Agreement to which
the assignee succeeds as the developer of that portion of the Property and Developer shall be
released from any obligations that are assigned, but shall remain responsible for the performance
of any obligations that were not assigned.
9.10 Third Parties. No term or provision of this Agreement is intended to, or
shall be for the benefit of any person or entity not a Party hereto, and no such other person or
entity shall have any right or cause of action hereunder.
9.11 No Partnership. None of the terms or provisions of this Agreement shall
be deemed to create a partnership between or among the Parties hereto in their respective
businesses or otherwise, nor shall it cause them to be considered joint ventures or members of
any joint enterprise or give them any right to act as an agent for another Party.
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9.12 Waiver. No delay in exercising any right or remedy shall constitute a
waiver thereof, and no waiver of any breach shall be construed as a waiver of any preceding or
succeeding breach of the same or any other covenant or condition of this Agreement. No waiver
shall be effective unless it is in writing and is signed by the Party asserted to have granted such
waiver.
9.13 Further Documentation. The Parties agree in good faith to execute such
further or additional instruments and documents and to take such further acts as may be
necessary or appropriate to fully carry out the intent and purpose of this Agreement.
9.14 Fair Interpretation. The Parties have been represented by counsel in the
negotiation and drafting of this Agreement and this Agreement shall be construed according to
the fair meaning of its language. The rule of construction that ambiguities shall be resolved
against the Party who drafted a provision shall not be employed in interpreting this Agreement.
9.15 Counterparts. This Agreement may be executed counterparts, each of
which shall be an original but all of which shall constitute one and the same instrument.
9.16 Computation of Time. In computing any period of time under this
Agreement, the date of the act or event from which the designated period of time begins to run
shall not be included. The last date of the period so completed shall be included unless it is a
Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next
day which is not a Saturday, Sunday or holiday. The time for performance of any obligation or
taking any action under this Agreement shall be deemed to expire at 5:00 p.m. (local time,
Phoenix, Arizona) on the last day of the applicable time period provided herein.
9.17 Conflict of Interest. Pursuant to ARIZ. REV. STAT. § 38-503 and § 38-511,
no member, official or employee of the Town shall have any personal interest, direct or indirect,
in this Agreement, nor shall any such member, official or employee participate in any decision
relating to this Agreement which affects his or her personal interest or the interest of any
corporation, partnership or association in which he or she is, directly or indirectly, interested.
This Agreement is subject to cancellation pursuant to the terms of ARIZ. REV. STAT. § 38-511.
9.18 No Boycott of Israel. Developer certifies pursuant to ARIZ. REV.
STAT. § 35-393.01(A) that it is not currently engaged in, and for the Term of this Agreement will
not engage in, a boycott of Israel.
9.19 Severability. Every provision of this Agreement is and will be construed to
be a separate and independent covenant. If any provision in this Agreement or the application of
the same is, to any extent, found to be invalid or unenforceable, the remainder of this Agreement
or the application of that provision to circumstances other than those to which it is invalid or
unenforceable will not be affected by that invalidity or unenforceability. Each provision in this
Agreement will be valid and will be enforced to the extent permitted by law and the Parties will
negotiate in good faith for such amendments of this Agreement as may be necessary to achieve
its intent, notwithstanding such invalidity or unenforceability.
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9.20 Covenant of Good Faith. In exercising their rights and in performing their
obligations pursuant to this Agreement, the Parties will cooperate with one another in good faith
to ensure the intent of this Agreement can be attained.
9.21 Estoppel Certificate. Upon Developer's written request, the Town will
execute, acknowledge and deliver to Developer and all parties identified by Developer, including
without limitation assignees, transferees, tenants, purchasers, investors, lenders, and mortgagees,
a written statement certifying (A) that this Agreement is unmodified and in full force and effect
(or, if there have been modifications, that this Agreement is in full force and effect, as modified,
and stating modifications) and (B) whether there are any existing breaches or defaults by
Developer then known to the Town under this Agreement, and if so, specifying the same. The
Town will deliver the statement to Developer or such requesting party within 15 days after
request. The Town acknowledges that any such assignee, transferee, tenant, purchaser, investor,
lender, or mortgagee may rely upon such statement as true and correct.
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Town
TOWN OF FOUNTAIN HILLS
an Arizona municipal corporation
Ginny Dickey Mayor
ATTEST:
Elizabeth A. Burke, Town Clerk
(ACKNOWLEDGMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On , 2019, before me personally appeared Ginny Dickey, the Mayor of
the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was
proven to me on the basis of satisfactory evidence to be the person who she claims to be, and
acknowledged that she signed the above document on behalf of the Town of Fountain Hills.
(Affix notary seal here)
Notary Public
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Developer
Hilltop Vista Properties, LLC
By its manager, Phoenix Interests, LLC
By:
Name: Jeremy Hall
As Its: Principal
Address: 4515 E. Palo Verdes Drive
Phoenix, AZ 85018
(ACKNOWLEDGMENT)
STATE OF ARIZONA )
ss.
COUNTY OF MARICOPA )
On , 2019, before me personally appeared Jeremy Hall, a principal of
Phoenix Interests, LLC, whose identity was proven to me on the basis of satisfactory evidence to
be the person who he claims to be, and acknowledged that he signed the above document on
behalf of the Town of Phoenix Interests, LLC.
(Affix notary seal here)
Notary Public
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EXHIBIT A TO
DEVELOPMENT AGREEMENT BETWEEN THE
TOWN OF FOUNTAIN HILLS AND
HILLTOP VISTA PROPERTIES, LLC
[Legal Description of the Property]
Exhibit B
Site Plan
15
Exhibit C
WE
16
Exhibit D
Public Improvements
17
Exhibit E
Phasing
In