HomeMy WebLinkAbout2001.1101.TCREM.PacketI
NOTICE OF REGULAR
AND EXECUTIVE SESSION
OF THE
FOUNTAIN HILLS TOWN COUNCIL
Mayor Morgan
Councilman McNeill
Councilman Wyman
Councilwoman Fraverd
Councilwoman Hutcheson
Vice Mayor Kavanagh
Councilwoman Ralphe
WHEN: THURSDAY, NOVEMBER 1, 2001
TIME: 5:30 P.M. (The Council will meet in executive session from 5:30
to 6:30. The regular session will begin promptly at 6:30 p.m.)
WHERE: COMMUNITY CENTER
13001 LA MONTANA DRIVE
(Please note location change)
RULES FOR ADDRESSING THE COUNCIL — ADOPTED 1118190
It is the Council's desire to hear public comment on agenda items. As it is important to maintain order during the meeting, please adhere
to the following rules of order if you wish to speak:
1.) All citizens wishing to speak must first be recognized by the Mayor.
2.) The Mayor will not call for public comment on an item until after a motion has been made and seconded and the Council has had
adequate opportunity to discuss the item.
3.) Please stand, approach the microphone and state your name and address after being called on to speak.
4.) All comments must be directed to the Mayor.
5.) TIME LIMIT — THREE (3) MINUTES PER PERSON PER ITEM.
6.) Statements should not be repetitive.
7.) Persons or groups wishing to make longer presentations should see the Town Clerk prior to the meeting.
CALL TO ORDER — Mayor Morgan
ROLL CALL
1.) Pursuant to A.R.S. §38-431.03.A.3., VOTE TO GO INTO EXECUTIVE SESSION for discussion or consultation
for legal advice with the attorney or attorneys of the public body (specifically regarding the Fire District).
CALL TO ORDER AND PLEDGE TO THE FLAG — Mayor Morgan
INVOCATION — Father Tot O'Dea — Church of the Ascension
• ROLL CALL
Town of Fountain Hills Page I of 3 Last printed 10/31/01 4:36 PM
Consent Agenda:
All items listed with an asterisk (') are considered to be routine, non -controversial matters and will be enacted by one
motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all
recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a
Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an
item on the consent agenda, they may request so prior to the motion to accept the consent agenda. The item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda.
*1.) Consideration of APPROVING THE MEETING MINUTES of October 18, 2001.
*2.) Consideration of the FINAL PLAT for "Firerock Industrial Park", a re -subdivision of Lots 68 and 69, Final Plat
414.
*3.) Consideration of the PRELIMINARY AND FINAL PLAT for Eagle Mountain, Parcel 10/11, Tract G, located
in the Eagle Mountain subdivision south of Shea Boulevard, Case Number S2001-27.
*4.) Consideration of RESOLUTION 2001-48 abandoning whatever right, title, or interest the Town has in certain
public utility and drainage easements located along the southerly property line of Lot 6, Block 5 of Plat 603C,
(15803 E. Cholla Drive) as recorded in Book 161 of Maps, Page 43 records of Maricopa County, Arizona.
(Robert Olney) EA01-24
5.) PRESENTATION of a plaque of appreciation to David Combs for his service on the Planning and Zoning
Commission
6.) UPDATE by Acting Town Manager Bill Farrell on the Town's financial status.
7.) DISCUSSION WITH POSSIBLE ACTION regarding negotiations with the Fountain Hills Fire District.
8.) Consideration of a CUT/FILL WAIVER request for The Villas at Firerock Condominiums development
proposed for the southeast corner of the intersection of Shea Boulevard and Firerock Country Club Drive, Case
Number CFW2001-04.
9.) Consideration of a PRELIMINARY PLAT for the 10.74± acre, 26-unit The Villas at Firerock Condominiums
development proposed for the southeast corner of the intersection of Shea Boulevard and Firerock Country Club
Drive, Case Number S2001-18.
10.) Discussion with possible action on AMENDING THE LEASE AGREEMENT with the Fountain Hills
Community Theater to include the building formerly known as the Community Center with direction to staff to
draft the agreement.
11.) PUBLIC HEARING on ORDINANCE 01-20 amending The Zoning Ordinance for the Town of Fountain Hills,
Sections 6.02 and 6.03, to prohibit neon signs, Case Number Z2001-06.
12.) Consideration of ORDINANCE 01-20 amending The Zoning Ordinance for the Town of Fountain Hills,
Sections 6.02 and 6.03, to prohibit neon signs, Case Number Z2001-06.
13.) PUBLIC HEARING on ORDINANCE 01-17 rezoning Final Plat 412-B, Block 6, Lots 5 and 6 from the "R1-
43 - Single -Family Residential Zoning District" to a "C-1 PUD - Neighborhood Commercial and Professional
Planned Unit Development", Case Number Z2001-01.
14.) Consideration of ORDINANCE 01-17 rezoning Final Plat 412-B, Block 6, Lots 5 and 6 from the "R143 -
Single -Family Residential Zoning District" to a "C-1 PUD - Neighborhood Commercial and Professional
Planned Unit Development", Case Number Z2001-01.
15.) Consideration of the PRELIMINARY PLAT for the proposed 56.65± acre, 5-lot, 68-unit, The Summit at
Crestview condominium project including a proposed hillside disturbance transfer from the single-family
Crestview subdivision to the proposed The Summit at Crestview multi -family subdivision, Case Number S2001-
08.
Town of Fountain Hills Page 2 of 3 Last printed 10/31/01 4:36 PM
16.) CALL TO THE PUBLIC.
LCouncil.
A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda but must be within the jurisdiction of
All comment is "subject to reasonable time, space and manner restrictions" and the Council will not discuss or take legal action on
sed during call to the public unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the
idual Council members may respond to criticism, ask staff to review a matter or ask that a matter be put on a future agenda.
17.) ADJOURNMENT.
DATED this 31S` day of October, 2001`-
Cassie B. Hansen, Director of Administration/Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with
disabilities. Please call 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the
meeting to request a reasonable accommodation to participate in this meeting or to obtain
agenda information in large print format.
Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office.
Town of Fountain Hills Page 3 of 3 Last printed 10/31/01 4:36 PM
1%ft Interoffice Memo
To: HONORABLE MAYOR AND TOWN COUNCIL A'
From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATION �Jy
Date: 10/26/2001
Re: MR FARRELL'S AGENDA ITEMS #7, #8, #9, AND #10
I
I6
AGENDA ITEM #11 — COMMUNITY THEATER'S USE OF THE OLD
COMMUNITY CENTER
Due to the very short week for all of those attending the League conference, Bill has asked for your
indulgence and patience on his agenda items. He will be working over the weekend and will have the
materials for the following agenda items available the first part of next week:
AGENDA ITEM #7 regarding the fire district ordinance. He will have an ordinance and staff report.
AGENDA ITEMS #8 AND #9 regarding the cut and fill waiver and preliminary plat for the Villas at
Firerock Condominiums. He will have a cover memo to accompany Dana's materials.
AGENDA ITEM #10'Iegarding the revised lease. He will have a draft of the revised lease and a
memo outlining the proposed changes.
AGENDA ITEM #11 — AMENDING THE COMMUNITY THEATER'S LEASE AGREEMENT TO
INCLUDE THE OLD COMMUNITY CENTER
At a meeting last spring, the Council discussed priorities for the 2001/2002 budget to provide staff with
direction for future projects. One of the items that received collective support from the Council was
allowing the Community Theater to use the old community center when the new facility was complete
and the building on Saguaro was totally empty. Since the new Community Center is complete and the
old facility empty except for some stored items waiting for storage units at the new location, the time
has come to address this particular priority.
Although the current lease/management agreement between the Fountain Hills Community Theater
and the Town is effective until April, 2005, staff thought it would be prudent to revise the existing
agreement to include the second building rather than have two separate agreements. Based on the
input of some Councilmembers, there may be a desire to modify some of the provisions of the lease
agreement since the Theater will benefit from a second Town -owned facility. These are details that
staff will work out based on additional input and direction from the Council. The item has been
agendized in such a way that an affirmative vote of the Council will formalize the support of the
Theater's use of the facility while leaving the details of the revised lease open for additional input by
Page 1 of 2 November 1, 2001 Agenda Items Last printed 10/26/2001 4:05 PM
10/26/2001
October 26, 2001
directing staff to draft the agreement. If the Council agrees to the concept of amending the lease,
staff will discuss the specific provisions with each of the Councilmembers and draft a document for
consideration at a future meeting. This will allow the Theater to begin using the facility as soon as the
proper insurance certificates are obtained. Rehearsals for a children's play are beginning and it would
be very helpful to the Theater's busy schedule if these rehearsals could take place in the old
community center.
The Town and the Theater have enjoyed a "creatively productive" relationship over the last five years
as evidenced in the landslide of "Zonies" recently received by this award -winning group. The Theater
touches and enriches many people in the community and the valley as well through their productions
throughout the year. They feel confident that this additional space will greatly increase their ability to
serve the community. Staff is prepared to take Council input and work out the details in a manner
acceptable to the Town and the Theater.
If you have any questions, please do not hesitate to contact me.
2
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Town of Fountain Hills 1
16705 E. Avenue of the Fountains [
Fountain Hills, AZ 85268 [
I
Development Services Department I
1
CAPTION HEADING:
OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
HELEN PURCELL
2012-0996126 11 /01 /2012 01:44
ELECTRONIC RECORDING
RES200148CorrectAdd-5-1-1--, N
CORRECTIVE RECORDING OF ADDRESS
RESOLUTION NO.2001-48
PREVIOUSLY RECORDED ON 11/09/2001
MCR 2001-1050632 AS 15803 E. Cholla Drive
S/B 15807 E. Cholla Drive
Plat 603C, Block 5, Lot 6
Robert Olney
DO NOT REMOVE
This is part of the official document.
a/
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b
When recorded, please return to: I
I
Town of Fountain Hills I
P. O. Box 17958 I
Fountain Hills, AZ 85269 I
I
Attn: Engineering Department I
I
CAPTION HEADING:
OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
HELEN PURCELL
2001-1050632 11/09/01 16:16
2 OF 2
WOES
EA 2001-24; RESOLUTION 2001-48
15803 E. Cholla Drive
PLAT 603C, BLOCK 5, LOT 6
Robert Olney
This is part of the official document.
Copies Routed To:
❑
Administration
❑
Engineering
❑
Community Development
❑
Parks & Recreation
❑
Magistrate Court
❑
Marshals Department
V
W
When recorded, return to;
.ngineering Department
Town of Fountain Hilts
P.O. Box 17958
Fountain Hills, AZ 85269
RESOLUTION 2001-48
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT, TITLE, OR
INTEREST IT HAS IN A PORTION OF THE CERTAIN TEN (10') FOOT PUBLIC
UTILITY AND DRAINAGE EASEMENTS ALONG THE SOUTHERLY LOT LINE OF
LOT 6, BLOCK 5, OF PLAT 603C, FOUNTAIN HILLS, ARIZONA, AS RECORDED
IN BOOK 161 OF MAPS, PAGE 43, RECORDS OF MARICOPA COUNTY,
ARIZONA.
WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real
property located in the Town of Fountain Hills, may require the dedication of public
streets, sewer, water, drainage, and other utility easements or rights -of -way within
any proposed subdivision; and
WHEREAS, The Town Council of the Town of Fountain Hills has the authority to accept or reject
offers of dedication of private property by easement, deed, subdivision, plot or
other lawful means; and
(.iHEREAS, All present utility companies have received notification of the proposed
abandonment;
NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills,
Arizona as follows;
SECTION 1. That a portion of the certain ten (10) foot public utility and drainage easements,
located along the southerly property lot line of Plat 603C, Block 5, Lot 6, Fountain
Hills, Arizona; as shown in Exhibit "A"; as recorded in book 161 of maps, page 43
records of Maricopa County, Arizona; are hereby declared to be abandoned by
the Town of Fountain Hills. Certain lots within this subdivision are subject to lot -to -lot
drainage runoff. The property owner of Lot 6 is required to pass the developed
flows generated by the upstream lots across their property.
SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for
the purpose of removing any potential cloud on the title to said property and that
the Town in no way attempts to affect the rights of any private party to oppose the
abandonment or assert any right resulting therefrom or existing previous to any
action by the Town.
Resolution 2001-48
Page 1 of 2
7
PASSED AND ADOPTED this 1 a day of November 2001.
ATTEST: FOR THE TOWN OF FOUNTAHILLS
Cassie B. Hansen, Town Clerk aron Morgan, Mayor
REVIEWED BY AND APPROVED AS TO FORM:
&/' 1L.- P;1' , //
"IIliam E. Farrell,
Acting Town Manager/Town Attorney
Resolution 2001-48
Page 2 of 2
d:
T NN OF FOUNTAIN H1� S
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 60�r RI nry r) i nT A
Meeting of 2001-11-01 Regular and Executive Session
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
November 1, 2001
Mayor Morgan called the regular session of the Town Council to order at 5:30 p.m.
AGENDA ITEM #1 - PURSUANT TO A R.S 438-43103 A.3 VOTE TO GO INTO
EXECUTIVE SESSION FOR DISCUSSION OR CONSULTATION FOR LEGAL ADVICE
WITH THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY (SPECIFICALLY
REGARDING THE FIRE DISTRICT)
Councilman Wyman MOVED that the Council convene the executive session and Councilwoman
Fraverd SECONDED the motion, which carried unanimously. Mayor Morgan adjourned the
executive session at 6:20 p.m.
Mayor Morgan reconvened the regular session at 6:30 p.m. Following the pledge to the flag and
invocation by Father Tot O'Dea from the Church of the Ascension, roll call was taken.
ROLL CALL - Present for roll call were the following members of the Fountain Hills Town
Council: Mayor Sharon Morgan, Vice Mayor John Kavanagh, and Councilmembers Sharon
Hutcheson, John McNeill, John Wyman, Susan Ralphe, and Leesa Fraverd. Also present were
Acting Town Manager/Town Attorney Bill Farrell, Director of Administration Cassie Hansen,
Director of Public Works and Town Engineer Randy Harrel, and Director of Community
® Development Jeff Valder.
AGENDA ITEM #1. CONSIDERATION OF APPROVING THE MEETING MINUTES
OF OCTOBER 18.2001.
AGENDA ITEM #2. CONSIDERATION OF THE FINAL PLAT FOR "FIREROCK
INDUSTRIAL PARK". A RE -SUBDIVISION OF LOTS 68 AND 69, FINAL PLAT 414
AGENDA ITEM Q. CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT
FOR EAGLE MOUNTAIN, PARCEL 10/11, TRACT G, LOCATED IN THE EAGLE
MOUNTAIN SUBDIVISION SOUTH OF SHEA BOULEVARD CASE NUMBER S2001-27.
AGENDA ITEM #4. CONSIDERATION OF RESOLUTION 2001-48 ABANDONING
WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC
UTILITY AND DRAINAGE EASEMENTS LOCATED ALONG THE SOUTHERLY
PROPERTY LINE OF LOT 6, BLOCK 5 OF PLAT 603C, (15803 E. CHOLLA DRIVE) AS
RECORDED IN BOOK 161 OF MAPS PAGE 43 RECORDS OF MARICOPA COUNTY
ARIZONA. (ROBERT OLNEY) EA01-24 W
Mayor Morgan advised that a councilmember had requested the removal of Age a I em 3 /U tU�.y A.
the consent agenda. She then read agenda items 1, 2, and 4. Councilwoman Fraverd MOVED to \
approve the Consent Agenda as read and Councilwoman Ralphe SECONDED the motion. A roll CO
call vote was taken with the following results.
Councilman Wyman - aye
Councilman McNeill - aye
Councilwoman Hutcheson - aye
Councilwoman Fraverd - aye
Vice Mayor Kavanagh - aye
Page 1 of 15
TOWN OF FOUNTAIN HILLS
MEMORANDUM
TO: The Honorable Mayor and Town Council
THROUGH: William E. Farrell, Town Attorney and Acting Town Manager
FROM: Jesse Drake, Senior Long Range Planner J D
DATE: October 26, 2001
SUBJECT: Consideration of the Final Plat for "Firerock Industrial Park", a re -subdivision of
Lots 68 and 69, Final Plat 414.
This request is for consideration of the Final Plat for "Firerock Industrial Park", a re -subdivision of
Lots 68 and 69, Final Plat 414, located at the northwest corner of Technology Drive and Saguaro
Boulevard. Please refer to the attached Staff report for additional details regarding this request.
TOWN OF FOUNTAIN HILLS
PLANNING AND ZONING COMMISSION AND STAFF REPORT
NOVEMBER 1, 2001
CASE NO: S2000-041
LOCATION: Northwest corner Technology Drive and Saguaro Boulevard, aka
Lots 68 and 69, Final Plat 414.
REQUEST: Consideration of the Final Plat for "Firerock Industrial Park", a
re -subdivision of Lots 68 and 69, Final Plat 414.
PROJECT MANAGER: Jesse Drake, Senior Long Range Planner
DESCRIPTION:
APPLICANT: MCO Properties, L.P.
OWNER: MCO Properties, L.P.
EXISTING ZONING: IND-2, I.U.P.D.
EXISTING CONDITION: Vacant Land
LOT SIZE: 234,804 square feet (5.39 acres)
SURROUNDING LAND USES AND ZONING:
NORTH: Vacant land under development, zoned "C-2"
SOUTH: Existing U-Haul Storage facility zoned "IND-2, I.U.P.D."
EAST: Existing multi -family, zoned "M-1" and Fountain Hills Fire
Station No. 2, zoned "R-3"
WEST: Existing Van's Storage facility, zoned "IND-1"
SUMMARY:
This request is for approval of a Final Plat for the re -subdivision of Lots 68 and 69, Final
Plat 414. The two existing industrial parcels form a roughly triangular block bounded by
Laser Drive on the north, Saguaro Boulevard, which angles southwesterly on the east,
and Technology Drive on the south, which angles northwesterly and then curves
northward to intersect with Laser Drive at the northwest corner of Lot 68.
On the north side of the site, the Laser Drive right-of-way will be abandoned as part of
the development of the proposed Four Peaks Plaza/Target project. The Laser Drive
alignment is proposed to become a 60-foot wide utility and drainage easement. All
access will be vacated from the northern boundary of the existing Lots 68/69 and the
existing alley will terminate at the southern edge of the Laser Drive alignment.
Additional proposed traffic improvements will be the continuation and connection of
Technology Drive with Shea Boulevard and the gated closure of Technology Drive at the
`. intersection of Technology Drive and Saguaro Boulevard allowing access north on
Technology Drive from Saguaro for emergency vehicles only.
The proposed re -plat configuration will create a new cul-de-sac on the prior alley
alignment. Lots 2, 3 and 5 will have access from the cul-de-sac. Lot 4 will have access
solely from Technology Drive, and Lot 1 will have access from the cul-de-sac and a
possible future access driveway from Technology Drive. No access will be allowed from
the abandoned Laser Drive alignment or from Saguaro Boulevard. A one -foot non -
vehicular access easement has been placed along the entire Saguaro Drive and
Technology Drive frontages with the expectation of a future change to allow a driveway
to Lot 4. If the actual future design of Lot 1 or Lot 4 necessitates driveway access onto
Technology Drive, any revision to the NVAE will be accommodated with an easement
abandonment/dedication to be recorded at Maricopa County.
A new 8-foot wide meandering sidewalk is proposed for the Saguaro frontage, which
tapers to 6-foot wide at the Technology Drive/Saguaro intersection and continues around
the corner and along the Technology Drive frontage and the proposed cul-de-sac.
The preservation and open space reservation area shown in Tract "A" are part of an
approved Alternative Hillside Preservation Agreement, approved on May 17, 2001. Tract
"A" will contain a meandering three-foot high decorative wall and Chilean Mesquite
trees that will screen and buffer future development from the residential properties to the
southeast on Saguaro Boulevard.
EVALUATION:
The proposed re -subdivision is consistent with the uses identified in the General Plan and
with the existing zoning for the site. The northern extension of Technology Drive to
Shea Boulevard, in conjunction with the closure of the Technology/Saguaro intersection
and the non -vehicular access onto Saguaro Boulevard will eliminate industrial park
traffic on Saguaro Boulevard and protect the residential neighborhood to the southeast.
The wide landscape buffer and decorative wall and trees will provide further visual
protection and create continuity with the proposed landscape plan for the Four Peaks
Plaza/Target project on the north.
Drainage for the site will be directed primarily to the north to the new Laser Drive
alignment channel. All on -site drainage has been reviewed and approved by the Town of
Fountain Hills Engineering Department.
RECOMMENDATION:
The Planning and Zoning Commission recommended approval of the Preliminary Plat
S2000-041 "Firerock Industrial Park" on May 10, 2001, and staff recommends
approval of the Final Plat S2000-041 "Firerock Industrial Park" with the following
stipulations:
1. As a part of the development plan, the applicant shall submit a landscape plan
for the project to the "Non -abutting" landscape standards found in the Town
of Fountain Hills subdivision ordinance. The landscape plan shall include a
re -vegetation plan for Tract "A" that includes native plants and includes the
removal of the grassy invasive plants remaining from the former effluent -
water field.
2. The thirty-foot (30') alley Right -of -Way abandonment and the two associated
abandonment of the eight -foot (8') Public Utility Easements (P.U.E.) adjacent
to the alley shall be approved by Council and recorded at Maricopa County
prior to Final Plat recordation.
3. The applicant shall provide to the Town a Letter and Certificate from
Chaparral City Water Company assuring water supply and service for the
project prior to Final Plat recordation.
4. Applicant shall provide the Construction Assurance and Warranty Bond for
the project, for the project improvements, in an amount to be determined by
the Town Engineering Department, prior to Final Plat recordation.
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2rTOWN OF FOUNTAIN HILLS
COMMUNITY DEVELOPMENT DEPARTMENT
PRE INARY-PLAT APPLICATION
J
f
Date Filed ]!Fee P—aid
� -S 0U $500.00
Plat Name/Number
FIREROCK INDUSTRIAL PARK
Parcel Size
234,804 sq. ft./ 5.39 Acres
Number of Tracts
0
General Plan Land Use Designation
Industrial
Density Requested (Dwelling Units Per Acre)
n/a
Applicant
MCO Properties, L.P.
4ddress
6930 E. Palisades Blvd.
Owner
MCO Properties, L.P.
Address
16930 E. Palisades Blvd.
Accepted By
/ 7 I (,-,-
Number of Lots
5
Zoning
I-2 (IUPD)
City
Fountain Hills
City
Fountain Hills
Day Phone 480-
837-9660
ST
AZ 8��268
Day Phone 48
0 -
37-9660
ST Zip
AZ �5268
Attachments (Please list) Preliminary Plat, Drainage Report Slope Analysis,
Title Report
Signature of Owner
I HERBY AUTHORIZE (Please Print)
Date
O FILE THIS APPLICATION.
Subscribed �S-
u scribed and sworn before a this �t o• D
day of
01
Not"• n'•61'..
My Commission Expires ii—/ -7
OFFICIAL 86AL
LAURA PETERSEN
Notary Publk - State of Anton
MARICOPA COUNTYL
.e Schedule Attached
TFH Case Number
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TOWN OF FOUNTAIN HILLS
STAFF REPORT
OCTOBER 26, 2001
CASE NO.: S2001-27
LOCATION: Eagle Mountain Parcel 10/11, Tract G, north of Mira Vista Drive between
Fireridge trail and Palisades Boulevard.
REQUEST: Consideration of the Preliminary and Final Plat of a replat of Tract "G" in Eagle
Mountain Parcel 10/11 subdivision.
PROJECT MANAGER: Jeff Valder
DESCRIPTION:
OWNER: Eagle Mountain Investors L.L.C.
APPLICANT: Eagle Mountain Investors L.L.C.
EXISTING ZONING: "RI-6A"
PARCEL SIZE: 4.34 Acres
PROPOSED NUMBER OF LOTS: 2
SURROUNDING LAND USES AND ZONING:
NORTH: Platted land within the Eagle Mountain Parcel 10/11 subdivision, zoned "R1-6A."
SOUTH: Platted land within the Eagle Mountain Parcel 13 subdivision, zoned "R1-10A."
EAST: The Firerock Country Club Golf Course, zoned "OSR."
WEST: The Eagle Mountain Golf Course, zoned "OSR."
"TET"a
This request by Eagle Mountain Investors L.L.C. is for approval of a preliminary and final plat for a 4.34-
acre subdivision of tract "G" in the Eagle Mountain This is a fairly simple request, although there are a
number of comments from the Engineering Department that will need to be addressed prior to final plat
recordation. The applicant is proposing to split tract "G" into two developable lots. Due to Los Altos Hills
Development agreement, there are no subdivision -required hillside disturbance regulations. At the time of
building permit application the then owners of the lots will be required to meet the Land Disturbance
Regulations of the Zoning Ordinance.
On October 25, 2001 the Planning and Zoning Commission voted 4-1 to recommend Town Council
approval of S2001-27. Staff also recommends Town Council approval of S2001-27 with the following
stipulations:
The 312.36' proposed for the northerly property line of future lot 64 measures short of tying to
the southerly property line. Recheck it and conform closure and acreage.
2. Grant a slope easement between the rear property lines for lots 30-34 to top of bank adjacent to
the proposed northerly property line of lot 64.
Town Council Staff Report
Eagle Mountain Parcel 10/11 Tract G PP
October 26, 2001
Page 2 of 3
3. Propose a cut ditch to convey runoff between the proposed northerly property lot line for future
lot 64 and the top of bank of slope.
4. Dash existing 8" sewer line along common lot line of lots 30 and 31.
5. Is there a tract on the west side and adjacent to the west property line of future lot 65?
Show the existing fire hydrant west of Fireridge Trail.
7. Show the 10" sewer force main along Miravista and along the easement through the golf course.
8. Show the 8' PUE and SWE along Miravista within future lots 64 and 65.
9. Indicate who is responsible for maintenance for what section or full -width of Miravista along this
plat frontage.
10. Show future community gates for Eagle Mountain and for Firerock County Club.
11. Final Plat is to reflect all Preliminary Plat comments.
12. Propose a sidewalk fronting proposed lots 64 and 65.
13. Plat 10/11 Note #6 states that Tract G is to be conveyed as common area to the Community
Association. Since this won't apparently happen, the Community Association should be signatory
to the Plat, and give up any rights it might have for the property. If the LLC representative still has
signature authority for the Community Association, that authority should be so stated on the lot split
plat.
14. Plat 10/11 dedication statement says that a sewer easement is dedicated over a portion of Tract G.
There is no specific sewer easement on the Parcel 10/11 plat. Therefore, there should be an
acknowledgement statement and signature by the Fountain Hills Sanitary District that either no
sewer easements were required, or that the platted PUEs contain all required sewer easements.
15. Submit a request for abandonment of the existing VNAE along Eagle Mountain Parkway/Miravista.
The Town would only allow abandonment of frontage lengths that:
Have adequate corner clearances from Twilight View Drive, Palisades Blvd, and Fireridge
Trail.
Have adequate driveway intersection sightlines onto Eagle Mountain Parkway. This is
particularly important because these driveways are both on the inside of a horizontal curve,
and may be at or near the crest of a vertical curve. Substantial grading may be needed to
provide these driveway sightlines, depending on their locations.
16. Provide and grade for sight easements where needed from the proposed driveways, the golf cart
crossing, along Eagle Mountain Parkway/Miravista, driveways on lots in Parcel 13, Palisades Blvd,
Firerock Trail, and Camelview Drive.
Town Council Staff Report
Eagle Mountain Parcel 10/11 Tract G PP
October 26, 2001
Page 3 of 3
17. An easement for existing utility boxes at the southeast corner of the plat and perhaps along the cart
path will be needed.
18. Grant a slope easement adjacent to Lots 30-34. This slope has not adequately vegetated at this time.
Responsibility and scope of proposed and future revegetation efforts, and for maintenance of this
slope should be clarified (LLC/Community Association recommended). A cut ditch and
maintenance access width of 20' should be provided at the top of this slope.
19. There is a smaller 20'-40' width of Tract G directly north of Lot 34 in Plat 10/11, and south of
Palisades Blvd. This width should be placed in a separate tract, and should probably be dedicated
to and accepted by the Community Association/LLC.
20. Conceptual driveway plans/building pad plans will need to be submitted. We anticipate that a
significant effort will be required to avoid the constraints of excessive depth/heights of cut/fill and
excessive height/number of retaining walls for both the driveways and for the house pads
themselves.
21. Resolve and indicate who is responsible for what section for full -width maintenance of Eagle
Mountain Parkway/Miravista along this plat frontage. If that involves owners of Firerock Country
Club Plat M-2, Firerock LLC, or the Firerock HOA, they should sign the plat. If Eagle Mountain is
fully responsible, so indicate, and state the Firerock agreement recording number.
22. Resolve where the community gates will be for Eagle Mountain and for Firerock Country Club.
(Staff continues to recommend that those lots —as well as the Parcel 13 lots —be allowed to access
onto Palisades Blvd, as well as onto Eagle Mountain Parkway. Additionally, staff recommends that
Firerock Parcels M-1, M-2, and P-2 — Q-1 be allowed to access via Eagle Mountain Parkway.
23. Sewer line force main (10") is along the west side of Tract G property line.
24. Study, submit for review, and place non -building easements on those portions of the lots (if any)
where golf ball damage is reasonably possible. These lots are directly in line with the fairway and
green for the Eagle Mountain Golf Course Hole #2, although considerably beyond and above the
green.
25. What drainage protection measures will be needed for the adjacent golf cart path and golf green
areas?
26. There are two (2) fire hydrants ahead (across Miravista Drive) of proposed lot split, and a third fire
hydrant about 75' west of Fireridge Trail.
27. Is any widening of Palisades needed for turn lanes at Palisades or Fireridge Trail? This might not
have been addressed before because of the plat sequencing.
Chron
Town of FOUNTAIN HILLS
Engineering Department
MEMORANDUM
TO: Honorable Mayor and Town Council
FROM: Art Candelaria, Civil Engineer zy�
REVIEWED: Randy Harrel, Town Engineer
THROUGH: William E. Farrell, Acting Town Manager
DATE: October 26, 2001
RE: Easement Abandonment 01-24; Resolution 2001-48
15803 E. Cholla Drive
Plat 603C, Block 5, Lot 6
Robert Olney
This item on the Town Council's agenda is a proposal to abandon the ten (10) foot public utility
and drainage easements located at the southerly property line of Lot 6, Block 5, Plat 603C,
(15803 E. Cholla Drive) as shown in Exhibit "A". The property owner of Lot 6 desires the assurance
that any future improvements made to the lot will not be infringed upon by the construction of
utilities. Staff has received no comments to date from the adjacent property owners.
The Engineering Department has reviewed the site to ascertain any drainage issues in addition
to the Town's general interest in the easement. It is the professional opinion of the Engineering
Department that there is no need for the Town to retain the drainage easement proposed to be
abandoned, with the understanding that certain lots within this subdivision are subject to lot -to -
lot drainage runoff. The property owner of Lot 6 is required to pass the developed flows
generated by the upstream lots across their property.
All affected utility companies have been notified of this abandonment proposal and have
approved of the proposed abandonment of this public utility easement.
Staff recommends adoption of Resolution 2001-48.
jb
Att.
Cc: M/M Palys M/M Bonomolo
M/M Schwegel M/M Schultz
M/M Cueny
EA01-24; Plat 603C, Blk 5, Lot 6 (15803 E. Cholla Dr) Olney
16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404
When recorded, return to:
Engineering Department
Town of Fountain Hills
P.O. Box 17958
Fountain Hills, AZ 85269
RESOLUTION 2001-48
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT, TITLE, OR
INTEREST IT HAS IN A PORTION OF THE CERTAIN TEN (10') FOOT PUBLIC
UTILITY AND DRAINAGE EASEMENTS ALONG THE SOUTHERLY LOT LINE OF
LOT 6, BLOCK 5, OF PLAT 603C, FOUNTAIN HILLS, ARIZONA, AS RECORDED
IN BOOK 161 OF MAPS, PAGE 43, RECORDS OF MARICOPA COUNTY,
ARIZONA.
WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real
property located in the Town of Fountain Hills, may require the dedication of public
streets, sewer, water, drainage, and other utility easements or rights -of -way within
any proposed subdivision; and
WHEREAS, The Town Council of the Town of Fountain Hills has the authority to accept or reject
offers of dedication of private property by easement, deed, subdivision, plat or
other lawful means; and
L.VHEREAS, All present utility companies have received notification of the proposed
abandonment;
NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills,
Arizona as follows:
SECTION 1. That a portion of the certain ten (10) foot public utility and drainage easements,
located along the southerly property lot line of Plat 603C, Block 5, Lot 6, Fountain
Hills, Arizona; as shown in Exhibit "A"; as recorded in book 161 of maps, page 43
records of Maricopa County, Arizona; are hereby declared to be abandoned by
the Town of Fountain Hills. Certain lots within this subdivision are subject to lot -to -lot
drainage runoff. The property owner of Lot 6 is required to pass the developed
flows generated by the upstream lots across their property.
SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for
the purpose of removing any potential cloud on the title to said property and that
the Town in no way attempts to affect the rights of any private party to oppose the
abandonment or assert any right resulting therefrom or existing previous to any
action by the Town.
Resolution 2001-48
Page 1 of 2
PASSED AND ADOPTED this I" day of November 2001.
ATTEST
1
Cassie B. Hansen, Town Clerk
REVIEWED BY AND APPROVED AS TO FORM:
illiam E. Farrell,
Acting Town Manager/Town Attorney
FOR THE TOWN OF FOUNTAIN HILLS
aron Morgan, Mayor
`1
Resolution 2001-48
Page 2 of 2
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 603C BLOCK 5 LOT 6
Town of Fountain Hills
Memorandum
DATE: November 1, 2001
TO: The Honorable Mayor and Common Council
FROM: Jeffrey Valder, Director of Community Development 6ij
THROUGH: William E. Farrell, Acting Town Manager
SUBJECT: Town Council consideration of the preliminary plat for the Villas at Fire Rock
Condominiums (Parcel A-2 of the Fire Rock Country Club Development).
There are two stipulations in the staff report regarding the preliminary plat for the Villas at Fire
Rock Condominiums (Parcel A-2 of the Fire Rock Country Club Development) that staff has
reevaluated. Staff recommends Town Council approval of this preliminary plat application
without stipulations 1 and 2.
These stipulations now call for the deletion of the 26`h unit within the development due to non-
conformance with the Town's cul-de-sac limitation regulations. The other stipulation relates to
IL whether the disturbance for the roads within the development should be "exempt" from the
hillside disturbance calculations. After a review of the Development Agreements for the Fire
Rock Country Club, staff now recommends the deletion of these stipulations.
Stipulation 1 now states:
The applicant reduce the number of dwelling units to the maximum of 25 as
allowed by Article 305 (A)(3b) of the Town of Fountain Hills Subdivision
Ordinance.
The Development Agreements specified which single-family cul-de-sacs could exceed the
limitations in the subdivision ordinance. We were able to identify those cul-de-sacs because that
level of planning was accomplished before the Agreements were approved. The three multi-
family parcels were not planned at the time the Agreements were approved, but staff believes that
if they were, that the Council would have, in a similar spirit, approved at least a 26`h unit for
Parcel A-2. Additionally, Section 1(b)(ii) of the Development Agreement states:
The developer may develop the Property with the uses, density and intensities set
forth in the Specific Plan. In connection therewith the Town shall grant all
approvals necessary to permit the Developer to implement the Specific Plan and
develop the Property.
Staff does not believe that this statement provides the developer with carte blanche to disregard
the Town development regulations. However, as it pertains to the cul-de-sac stipulation, it does
provide the Town with language to support the allowance of the 26t' dwelling unit on this cul-de-
sac.
Town Council Memorandum
Fire Rock Country Club Parcel A-2
November 1, 2001
Page 2 of 2
11*" Stipulation 2 now states:
Article 504K(la) of the Subdivision Ordinance states that disturbance within
street rights of way, tracts of land for private roads meeting public road
standards, and any roadway grading required by the Town Engineer outside of
street rights -of -way or tracts for private roads meeting public road standards may
be exempted from the hillside disturbance regulations. The proposed access
aisles are not dedicated/public rights -of -way, are not located within a separate
tract(s) of land (as required for a private roadway meeting public road standards),
and therefore does not meet the local or hillside -local road standards as
established by the Town of Fountain Hills Subdivision Ordinance. Therefore, the
access aisles should not be exempted from the hillside disturbance regulations.
The applicant shall provide a notarized statement from Fire Rock LLC granting
the total amount of proposed disturbance for this property including the
disturbance created for the construction of the drive aisles.
As stated earlier in this memorandum, Section l(b)(ii) of the Development Agreement states that
the Town shall grant all approvals necessary to permit the developer to implement the Specific
Plan and develop the property. Staff recommends that stipulation 2 be eliminated, and that the
Council, pursuant to Section 1(b)(ii) of the Development Agreement, approve the preliminary plat
as presented with 292,145± square feet of hillside disturbance to Parcel A-2 so that the parcel can
be developed.
�'rAIN�
14 � TOWN of FOUNTAIN HILLS
a?? I s° Community Development Department
that is A
MEMORANDUM
TO: The Honorable Mayor and Town Council
THROUGH: William E. Farrell, Acting Town Manager
FROM: Dana Burkhardt, Senior Planner
-
SUBJECT: Case #'s S2001-018 / CFW2001-04; Preliminary Plat and Cut & Fill
Waiver for "The Villas at Fire Rock Condominiums"
DATE: October 26, 2001
Staff has combined the reports for the preliminary plat and cut waiver request for "The Villas at Fire
Rock Condominiums". This is a request for a 26-unit condominium subdivision located on Parcel
"A-2" of the Fire Rock Country Club Master Plat. The applicant, Hillcrest Investments & Realco,
inc., disagrees with staff's interpretation of the Fire Rock Supplemental Development Agreement
and Subdivision Ordinance regarding roadway exemptions from land disturbance regulations. The
Planning & Zoning Commission has amended staff's stipulations to include that the applicant shall
reduce the number of units of this cul-de-sac to a maximum of 25 as allowed per the Subdivision
Ordinance. The Planning and Zoning Commission and staff recommend approval of this
preliminary plat and cut waiver with the listed stipulations.
At the applicant's request, staff continued this item from the October 18th, 2001 Town Council
meeting agenda to the November lst, 2001 meeting. If you have any questions regarding this
request, I can be reached at (480) 816-5138.
16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404
TOWN OF FOUNTAIN HILLS
`r- PLANNING & ZONING COMMISSION & STAFF REPORT
November 1, 2001
CASE NO.:
S2001-018 & CFW 2001-04
PROJECT MANAGER: Dana Burkhardt, Senior Planner
LOCATION: Located on the south side of Shea Blvd. and northeast of Fire Rock
Country Club, a portion of the Fire Rock Country Club Master Plat.
REQUEST: Consideration of the preliminary plat and cut waiver for FireRock
Country Club Parcel "A-2" Subdivision, aka. "The Villas At
Firerock Condominiums", which is a 10.74 acre, 26 unit
condominium subdivision.
DESCRIPTION:
OWNER: Hillcrest Investments & Realco, Inc.
APPLICANT: David Montgomery
EXISTING ZONING: "M-1 P.U.D."
SURROUNDING LAND USES AND ZONING:
NORTH: Shea Blvd. R.O.W. and single-family residences; zoned "R1-35"
SOUTH: Fairway # 10 of Fire Rock Country Club Golf Course; zoned "OSR-2"
EAST: Fire Rock Country Club Golf Course and Shea Blvd.; zoned "OSR-2"
WEST: Fire Rock Parcel "A-1" tennis courts and real estate sales office; zoned "M-1
PUD"
SUMMARY:
This request by Mllcrest Investments & Realco, Inc., is for approval of the Preliminary Plat and cut
waiver for "The Villas At Firerock Condominiums", a 26 unit multiple -family subdivision. The cut
waiver request is for approximately 16.7 feet at the deepest point.
The following staff report will review several aspects of the project, including the following:
1. A review of the FireRock Country Club Area Specific Plan, and the development's
conformance with this plan.
2. The subdivision's design and its conformance with the Subdivision Ordinance and the
Zoning Ordinance.
P & Z Report SO1-18, Preliminary Plat for
"The Villas at Fire Rock Condos."
November 1, 2001
Page 2
The adopted General Plan Land Use Map was amended by GPA 97-01; Fire Rock Country Club
Area Specific Plan. Parcel "A" was designated for 64 proposed multi -family dwelling units.
Subsequently, Parcel "A" was subdivided into two parcels, Parcel "A-1" consists of 181,663 square
feet and Parcel "A-2" consists of 468,330 square feet. Parcel "A-1" has been developed for tennis
club facilities, and is currently used as the Fire Rock development and real estate sales offices.
Staff has found this land use and request for subdivision to be in conformance with the Fire Rock
Country Club Area Specific Plan. However, there are outstanding technical review comments the
applicant has not addressed. These items are listed in the recommended stipulations and explained
in the review for Subdivision Ordinance and Zoning Ordinance conformance section of this report.
GENERAL DESCRIPTION:
The topography of the property for Parcel "A-2" is steeply sloping hillside with areas of moderate
to severe slopes. Slopes of 10-20% and 20-30% are predominate throughout the proposed
subdivision. The subdivision proposes one new double -headed cul-de-sac off of Fire Rock Country
Club Drive, approximately 1,450 feet long. This subdivision request does not conform to the
maximum number of dwelling units allowed on a cul-de-sac (Article 305A(3)b & c) or Hillside
Disturbance (Article 504K(la)) as established by the Subdivision Ordinance.
Staff believes that allowing the 26th dwelling unit, where the subdivision ordinance only allows 25,
will not adversely affect the site and is merely an economic benefit to the developer. Staff has
interpreted this issue to be arbitrated under Subsection 3. Cooperation and Alternative. Dispute
Resolution_, of the Fire Rock Country Club Development Agreement ( See attached ). The
Planning and Zoning Commission disagrees with staff on this issue and has motioned to include the
stipulation that only 25 units be permitted on this cul-de-sac. The Commission explained that their
responsibility to the public is to provide an even playing field to all developers. If the Commission
holds other developments to this standard, they must also be consistent with this project.
Commissioner Downes explained that the Subdivision Ordinance incorporates nationally adopted
standards from recognized organizations such as the National Fire Protection Association, and that
he has difficulty deviating from safety standards such as the maximum number of units allowed to
be accessed form a cul-de-sac.
Per Article 305A(3b & c), the maximum number of dwelling units allowed to access from a
cul-de-sac is 15 units for roads developed by hillside local standards and 25 for roads
(W developed by local road standards. The Town has agreed to allow for the applicant to
utilize a "modified" roadway standard, which is a combination of the hillside local and local
P & Z Report SO1-18, Preliminary Plat for
,• `The Villas at Fire Rock Condos."
November 1, 2001
Page 3
road standard. This application proposes a private drive with 26 units total, 14 of which are
accessed by a modified 32' paved width local road cul-de-sac design and 12 of which access
from a modified 26' hillside local road cul-de-sac design.
By not developing this drive aisle to public road standards or without placing it into a separate tract,
the Town cannot require minimum building setbacks from the roadway. A purpose of the
minimum yard setback and the private roadway tract is to provide a clear yard area and a maximum
structure height of 3.5' to allow moving vehicles unobstructed sight distances for the safety of the
public. The developer has not provided a separate roadway tract to allow the project to be designed
with 6' terraced retaining walls 4' from the back of sidewalk, and buildings within 10' from back of
curb. This is potentially unsafe due to the restricted sight lines these obstructions create adjacent to
the roadways. However, developing drive aisles rather than private roadway tracts give the
developer greater flexibility to develop these sloping hillside lots and parcels.
As of publication of this report, the developer and Fire Rock LLC, remain in disagreement with
staff over the hillside disturbance calculations as they pertain to exemptions for roadways. Firerock
LLC, argues that the private drive aisles and the land disturbance created though their construction
are exempt from land disturbance requirements per Section 1. Subdivision Ordinance Section
504(E) Ap rp nvnl_ of the Fire Rock Country Club Supplemental Development Agreement. The
Following is an excerpt from Section la.:
"... and (ii) Subdivision Ordinance Section 504 (B) provides that "[d]isturbance within
tracts of land for private roads meeting public road standards... shall be exempted from
the horizontal hillside disturbance limitations of this ordinance." (Emphasis added)
The first review submittal of this preliminary plat proposed a total of 341,200 square feet of
disturbance that Fire Rock LLC proposed to grant this parcel. That area includes the private
drive aisle disturbance. The second submittal of the preliminary plat provides a revision to the
total disturbance to be 343,433 square feet, but then subtracts 51,228 square feet for a roadway
exemption. Staff believes that Fire Rock LLC anticipated granting this parcel the disturbance
needed for roadway construction at the time of first submittal.
In summary, the Subdivision Ordinance provides an incentive for developers to provide a separate
roadway tract. In return for developing a separate roadway tract to Subdivision Ordinance
standards, that area disturbed for the roadway construction is exempt from the hillside preservation
requirements.
The first 12 (bolded) stipulations listed under the Recommendation are the primary issues of the
Planning and Zoning Commission and staff. The only stipulations that are not agreed to are
stipulations 1 & 2. The Planning and Zoning Commission has amended staffs recommendation
with the addition of stipulation number 1. The additional listed comments beyond the first twelve
are technical review comments that staff and the applicant agree to, and have no baring on the
P & Z Report S01-18, Preliminary Plat for
"The Villas at Fire Rock Condos."
November 1, 2001
Page 4
overall preliminary plat configuration.
The Planning & Zoning Commission and Staff recommend Town Council approval of the
Preliminary Plat for "The Villas at Fire Rock Condominiums", with the following stipulations:
1) The applicant reduce the number of dwelling units to the maximum of 25 as allowed by
Article 305 (A)(3b) of the Town of Fountain Hills Subdivision Ordinance.
2) Article 504K(la) of the Subdivision Ordinance states that disturbance within street rights
of way, tracts of land for private roads meeting public road standards, and any roadway
grading required by the Town Engineer outside of street rights -of -way or tracts for
private roads meeting public road standards may be exempted from the hillside
disturbance regulations. The proposed access aisles are not dedicated/public rights -of -
way, are not located within a separate tract(s) of land (as required for a private roadway
meeting public road standards), and therefore does not meet the local or hillside -local
road standards as established by the Town of Fountain Hills Subdivision Ordinance.
Therefore, the access aisles should not be exempted from the hillside disturbance
regulations. The applicant shall provide a notarized statement from Fire Rock LLC
granting the total amount of proposed disturbance for this property including the
disturbance created for the construction of the drive aisles.
3) Gain approval of a Town Council waiver to the Subdivision Ordinance requirement to
provide a 5' sidewalk on both sides of all proposed streets. Due to the hillside
constraints of the lot, the applicant has provided a 5' sidewalk on at least one side of all
streets within this subdivision.
4) Provide a geotechnical report and a revised drainage report with the final plat
submittal.
5) At the Villas entrance to Firerock County Club Drive, provide substantial sight
triangles at the proposed roadway entrance for the left -in, left -out, and right -out turns.
(Use a 30 mph design speed requiring an intersection sight distance of 380'. Note: On a
horizontal curve, a shorter sight line can require a larger corner area.) Major areas on
the median north and south of the entrance and minor areas on the corner are within
the sight triangles.
6) Along Shea Boulevard:
In accordance with the Firerock Country Club Master Plat, provide a roadway slope
easement for the future Shea Boulevard widening. A diagram of the slope easement
needed has been provided to the Developer and its extents are under discussion. (In
P & Z Report SO1-18, Preliminary Plat for
'The Villas at Fire Rock Condos."
November 1, 2001
Page 5
lieu of a 20' wide "level" maintenance access width at the top of the slope, a plat note
allowing Town maintenance access along the subdivision roadways is acceptable, where
applicable.)
7) Also, provide a traffic/pedestrian barrier at the end of the westerly cul-de-sac.
8) Provide a water line easement to access and accommodate future fire hydrant(s) along
Shea Boulevard at 1000' spacings. Pay for the two hydrants.
9) Provide a separate tract (the Town would accept ownership of this tract) for the Cereus
Wash drainage flow channel. Extend the limits of the tract to the face of the retaining
wall and along Shea Boulevard to include for future slopes, catch basins, and pipes
after roadway widening. Provide an easement or restricted right on this parcel to allow
units 113 and 114 to be developed as shown.
10) Extend the pipe outlets away from the retaining walls or provide special designs to
avoid undermining or saturating the retaining wall footings.
11) Relocate the water valve past the last water meter for units 113 and 114. This will allow
the main waterline crossing Cereus Wash to be shut off without shutting down any
units.
12) Submit the final plat documents for the replat of Parcels A-1 & A-2, show all slope,
H.P.E., wall and any other required easements on this plat. The preliminary plat for
the Villas cannot be approved until the replat has been recorded.
Community Development Department:
1) Show grading on west side of lot 120, you show a bottom of wall elevation inconsistent
with the existing topography. You will need a couple of feet of fill adjacent to the proposed
H.P.E
2) If a vehicle parks in front of the garage of unit 125, you will obstruct access to unit 126.
Provide minimum 5 additional feet of clearance.
3) Add note to plat stating 3.5' max. wall height with in front yard building setback for the
retaining wall located at the north side of the entry.
4) Provide statement from Fire Rock LLC. establishing the allowed disturbance for this parcel.
Because you are not designating the roadway as public or within a separate private roadway
P & Z Report SO1-18, Preliminary Plat for
"The Villas at Fire Rock Condos."
November 1, 2001
Page 6
tract, the roadway disturbance is not exempted from the hillside preservation ordinance.
5) Provide scale on architectural plans.
6) Required parking shall be 2 spaces for each unit (2x26=52) plus 1 space for each 5 families
for amenity area (6). Per the proposed parking, this leaves 8 spaces for the guest and guest
casita parking.
7) Revise proposed H.P.E. to maintain minimum 5' distance from retaining wall location at
the north side of the guest spaces closest to the Parcel A-2 entry.
8) Provide title report and property owners signature on preliminary plat application.
All comments are number keyed to plat sheets
General Comments
1. Provide a geotechnical report with the final plat submittal.
2. Provide a revised drainage report with the final plat submittal.
Sheet PPl of 4
1. At the Villas entrance to Firerock Country Club Drive, provide substantial sight triangles
at the proposed roadway entrance for the left -in, left -out, and right -out turns. (Use the
Firerock Country Club Drive design speed, but not less than 30 mph where the
intersection sight distance = 380' minimum.) Major areas on the median north and south
of the entrance and minor areas on the corner are within the sight triangles.
Sheet PP2 of 4
Revise Sheet PP2 per comment (1) on PP1.
At Unit 121-123, mitigate the fall hazard for pedestrians and vehicles. Provide a
traffic/pedestrian barrier at the end of the cul-de-sac.
The Engineering Department is willing to consider a hammerhead at the Shea Boulevard
end of the on -site roadway.
Modify the home layout for unit 109 such that the garage is not in the direct path of the
cul-de-sac southbound traffic flow pattern.
Sheet PP3 of 4
Provide for drainage along Shea Boulevard frontage. Intercept water off Shea Boulevard
and direct to Cereus channel. Provide a separate tract for the drainage flow channel along
P & Z Report SO1-18, Preliminary Plat for
"The Villas at Fire Rock Condos."
November 1, 2001
Page 7
Shea Boulevard (also needed for future slopes after roadway widening). Provide 20'
width drainage easements for all storm drain pipes.
4. Provide retaining wall designs that protect against scour and place proper sized riprap for
added protection.
Consider extending the 72" cmp crossing Shea Boulevard to "lose" excess excavation and
reduce retaining walls needed. Connect catch basins to this extension. As much as
30,000 cy of fill could be placed here beneficially. Re -landscape any disturbed slopes.
6. Extend the pipe outlets (10' minimum) away from the retaining walls within the cul-de-
sac area and near the driveway for lot 114 to avoid undermining or saturating the
footings.
7. Add a valve past the last water meter (units 113 and 114) to be able to shut off the main
waterline crossing Cereus Wash.
Sheet PP4 of 4
1. Revise Section A -A to show the retaining wall (TW Elev=90) in front of the patio. Show
riprap at toe of retaining wall (match sheet PP2).
2. Revise Section B-B to show the retaining wall (TW Elev=96) in front of the patio. Show
riprap at toe of retaining wall (match sheet PP2).
3. Revise Section C-C per comment #6 on sheet PP3
Preliminary Drainage Report
Firerock Parcel A-2
Submit a final drainage report complying with all comments at final plat submittal.
I. Report
(A) Description
• Structures close to the wash banks may need to be repositioned on the lot to satisfy
the state standard for migrating channels/streams and the need for slope easements. If
it is not possible to comply with these restrictions and/or the Town Engineer's
requirements, some units may need to be deleted from the project (add to text).
(B) Hvdr
■ Reference the runoff calculation table.
(C) Hydraulic-,
■ This section should explain in detail how, where and which drainage structures will
be required to provide an efficient drainage system.
P & Z Report SO1-18, Preliminary Plat for
"The Villas at Fire Rock Condos."
November 1, 2001
Page 8
(D) Street Drainage
• Add more text to illustrate street capacity comments for the Qto storm event. Discuss
inlet and catch basin sizing and how the Qloo water runoff is contained/conveyed
within the street right-of-way and submit supporting calculations within the final
drainage report.
(E) Culverts
■ Discuss culvert sizing and type and submit supporting calculations within the final
drainage report.
(F) Conclusion
■ Provide a more comprehensive analysis and conclusion with the final drainage report.
A. Post Development Runoff
• Provide a flow routing diagram and table showing flow concentration points,
intercepted flow, bypass flow, accumulated flow, required drainage structures, and the
final discharge points.
M. Street Section
A. Gross -Section
■ Revise calculations using a 2% minimum street cross slope, if needed.
■ Submit the actual street cross-section that shows cross slope percent, curbs, wetted
perimeter, etc.
B. Curve
■ Does the curve plot represent a street with a 2% cross slope?
C. Tahle.
• Revise the rating table per comment (B), if needed. Does the street cross slope stay
constant at 2%? If not, calculate specific street capacities at all concentration points
(catch basins, etc.).
IV. C'.erens Wash Worksheet
■ Submit a plan view showing the location of Sections 1, 2 and 3 (Cereus Wash).
■ Expand each cross-section to cut through the project retaining walls, driveways and
units (show to scale).
■ Provide a Walnut Wash worksheet. Show two cross -sections through the wash
P & Z Report SO1-18, Preliminary Plat for
""The Villas at Fire Rock Condos."
November 1, 2001
Page 9
channel (one at unit 101 and one at unit 105). Utilize Sections A and B as shown on
PP4 of 4.
V. Drainage Area Man (D11
■ Provide flow routing diagram and table. Include the table on Sheet D1 of 2.
■ Revise the routing diagram to include and show Qio and Qtoo concentration points,
intercepted flow, bypass flow, accumulated flow, required drainage structures, and the
final discharge points.
EXHIBITS: 1) Copy of Section 3 of the Fire Rock Development Agreement
2) Preliminary Plat Application and reduced copy of pre -plat.
3) Floor Plans and Elevations
`r
e. Abandonment of Former M O Property. Upon the Effective Date
hereof, the Town shallp A.R.S.§28-7205, diligently pursue all proceedings
necessary to vacate all its right, title and interest in the Former MCO Property,
whereupon title to the same shall vest in Developer.
3. Cooperation and Alternative Di pute Resolution.
a. Appointment of Representatives. To further the commitment of the
parties to cooperate in the implementation of this Agreement, upon the request of either
the Developer or the Town, the Town and the Developer shall each designate and -
appoint a representative to act respectively on behalf of the Town and its various
departments and the Developer, except as otherwise provided in this Agreement or by
law. The initial representative for the Town (the Town Representative") shall be the
Town Manager or his designee, and the initial representative for the Developer shall
be its Project Manager, as identified by the 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 the development of the Property
pursuant to the Specific Plan. The representatives may recommend amendments to the
Specific Plan or this Agreement which may be agreed upon by the parties.
b. Expedited Town Deci ions. The implementation of the Specific Plan
,shall be in accordance with the development review the Town.
process of The Town
and the Developer agree that the Developer must be able to proceed rapidly with the
development of the Property and that, accordingly, an expedited Town review process
is necessary. Accordingly, if at any time the Developer believes that an impasse has
been reached with the Town staff on any issue affecting the Property, the Developer
shall have the right to immediately appeal to the Town Representative for an expedited
decision pursuant to this paragraph. If the issue on which an impasse has been reached
is an issue where a final decision can be reached by the Town staff, the Town
Representative shall give the Developer a final decision fifteen
within (15) days after
Developer's request for an expedited decision. If the issue on which an impasse has
been reached is one where a final decision requires action by the Town Council, the
Town Representative shall use its best efforts to schedule a Town Council hearing on
the issue within four (4) weeks after Developer's request for an expedited decision;
provided, however, that if the issue first requires review by the Town Planning and
Zoning Commission, the matter shall be submitted to the Commission within four (4)
weeks after Developer's request, for an expedited decision. The Town Planning and
Zoning Commission shall timely consider such matter. Following action by the Town
Planning and Zoning Commission, the matter shall be submitted to the Town Council
~
for timely action. Both parties agree to continue to use timely efforts to resolve any
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Town of Fountain Hills
Memorandum
DATE: October 26, 2001
TO: The Honorable Mayor and Common Council
FROM: Jeffrey Valder, Director of Community Developmen
THROUGH: William E. Farrell, Acting Town Manager
SUBJECT: Town Council consideration of Ordinance 01-20, which would amend Sections 6.02 and
6.03 of The Zoning Ordinance for the Town of Fountain Hills to prohibit neon signs.
At their August 2, 2001 meeting, the Town Council initiated an amendment to Sections 6.02 and 6.03 of
The Zoning Ordinance for the Town of Fountain Hills to prohibit neon signs. The Town currently
permits neon signs and neon lighting to be used to outline buildings and windows. On October 25, 2001
the Planning and Zoning Commission recommended Town Council denial of Ordinance 01-20. The
Commission believes that most of the offensive neon signs within the Town would be eliminated if the
Town would strictly enforce the Town's existing sign code regulations. The Commission believes that
the Town should increase its sign code enforcement efforts, and once the violating neon signs were
removed the Town should reevaluate the need for an ordinance that prohibits all neon signs.
If the Town Council desires to prohibit new neon signs, the Council should approve Ordinance 01-20 to
amend Sections 6.02 and 6.03 of The Zoning Ordinance for the Town of Fountain Hills. New text is
shown as double -underlined.
CHAPTER 6
SIGN REGULATIONS
6.01 Purpose. These Sign Regulations are intended to encourage attractive signage for businesses and
services, while promoting the general welfare of the community by creating more aesthetic appearing
street frontages through the use of controlled signage.
6.02 Definitions. For the purpose of this Chapter, the conditions given in Sections 1.12 for definitions
therein shall apply.
Neon Sign. Any sign that uses neon, argon or any similar gas to illuminate transparent or
translucent tubing or other materials, or any use of neon, argon or any similar gas lighting on or
near the exterior of a building or window.
6.03 General Regulations.
C. Signs not specifically authorized herein are prohibited, including, but not limited to the
following.
1. Sandwich signs except as otherwise provided (See temporary signs).
Town Council Memorandum
Neon Signs Prohibition Text Amendment
October 26, 2001
Page 2 of 2
2. Signs mounted, attached or painted on trailers, boats, or motor vehicles to serve as
additional advertising signs on the premises.
3. Awning signs except as otherwise provided for non-residential uses.
4. Roof signs, or signs that project above the highest point of the roofline, parapet, or
fascia of the building.
5. Any sign emitting sound.
6. Any sign with intermittent or flashing illumination, animated or moving signs.
7. Any neon sign, except for the following:
a. Reverse pan -channel signs where neon tubing is used inside of three -sided
solid metal letters to illuminate a wall on which the letters are attached, and
in a manner that the illuminated neon tubing is not visible.
b. A neon sign that had been specifically permitted by the Town, as a part of a
Town -issued sign or building permit, and that is maintained in strict
conformance with Chapter 6 of The Zoning Ordinance for the Town of
Fountain Hills.
TOWN OF FOUNTAIN HILLS
ORDINANCE #01-20
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING
CHAPTER 6, SECTIONS 6.02 AND 6.03 OF THE ZONING
ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS PURSUANT
TO CHAPTER 2, SECTION 2.01 OF THE ZONING ORDINANCE
FOR THE TOWN OF FOUNTAIN HILLS TO PROHIBIT NEON
SIGNS.
WHEREAS, The Town of Fountain Hills adopted Ordinance #93-22, on November 18, 1993, which
adopted The Zoning Ordinance for the Town of Fountain Hills, and;
WHEREAS, Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills, provides
for a procedure to amend said ordinance, and;
WHEREAS, The Town of Fountain Hills desires to prohibit the future use of neon signs within the
Town of Fountain Hills, and;
WHEREAS, The procedures detailed in Chapter 2, Section 2.01 of the Zoning Ordinance for the Town
of Fountain Hills have been followed, and;
WHEREAS, The Town of Fountain Hills has rewritten Chapter 6, Sections 6.02 and 6.03 of The Zoning
Ordinance for the Town of Fountain Hills and published these proposed text changes in the
official newspaper of general circulation, The Times of Fountain Hills and Rio Verde on
October 10, 17, 24 and 31, 2001 and;
WHEREAS, Public hearings were advertised in the, and in the October 10, 17, 24 and 31, 2001 editions
of The Times of Fountain Hills and Rio Verde, pursuant to Arizona Revised Statutes §9-
462.04, and;
WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission on
October 25, 2001 and by the Fountain Hills Town Council on November 1, 2001.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS:
Section 1. Pursuant to Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain
Hills, Chapter 6, Sections 6.02 and 6.03 of The Zoning Ordinance for the Town of Fountain
Hills shall be amended as follows, with text to be added shown as double-unrie - ined and
text to be deleted shown as crossed vat.
ORDINANCE 01-20
PAGE 1 OF 3 (A-SS/AIL
TION F r-ow c.r
SECOND
COUNT
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6.01 Purpose. These Sign Regulations are intended to encourage attractive signage for businesses and
services, while promoting the general welfare of the community by creating more aesthetic
appearing street frontages through the use of controlled signage.
6.02 Definitions. For the purpose of this Chapter, the conditions given in Sections 1.12 for definitions
therein shall apply.
6.03 General Regulations.
C. Signs not specifically authorized herein are prohibited, including, but not limited to the
following.
1. Sandwich signs except as otherwise provided (See temporary signs).
2. Signs mounted, attached or painted on trailers, boats, or motor vehicles to serve as
additional advertising signs on the premises.
3. Awning signs except as otherwise provided for non-residential uses.
4. Roof signs, or signs that project above the highest point of the roofline, parapet, or
fascia of the building.
5. Any sign emitting sound.
6. Any sign with intermittent or flashing illumination, animated or moving signs.
ORDINANCE 01-20
PAGE 2OF3
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona, this 1 st day of November, 2001.
FOR THE TOWN OF FOUNTAIN HILLS:
aron Morgan, Wayor
REVIEWED BY:
P. ILP
William E. Farrell, Acting Town Manager
ATTESTED TO:
Cassie B. Hansen, Town Clerk
APPROVED AS TO FORM:
Aa��' �); � -
William E. Farrell, Town Attorney
ORDINANCE 01-20
PAGE 3OF3
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MEMORANDUM
DATE: October 26, 2001
TO: The Honorable Mayor and Common Council
FROM: Dana Burkhardt, Senior Planner bb
TRHOUGH: William Farrell, Acting Town Manager
SUBJECT: Ordinance 01-17, Rezone for Lots 5 and 6 , Block 6, Plat 412B from "R1-43" to "C-1
P.U.D.", Case Number Z01-01.
Rider Land and Development LLC has applied to rezone Lots 5 and 6, Block 6, in Plat 412-B from the
"R1-43" Single-family Residential Zoning District to the "C-1 P.U.D." Neighborhood Commercial and
Professional Planned Unit Development Zoning District. The site is located on the southwest side of
Shea Boulevard, northeast of Firebrick Drive and southeast of the Firerock Resort Casitas
Condominiums. On August 6, 1998 the Town Council amended the Future Land Use Plan Map of The
Fountain Hills General Plan to designate the site from the "Single-Family/Very Low" (SF/VL) to the
"General Commercial/Retail" (C/R) land use designation. This request differs from the last two requests
to rezone this property in that it includes modifications to the standard "C-1" Zoning District, and does
not include Lot 7, Block 6, Final Plat 412-B. The "C-1 Planned Unit Development" specifies some
prohibited uses and a few modifications to minimum setbacks and lighting requirements. Please see the
staff report for a complete listing of the prohibited uses and for specifics regarding this request.
On September 27, 2001, the Planning and Zoning Commission recommended the Town Council deny
this proposed rezone, with a 5-1 vote. Staff and the Planning and Zoning Commission recommend that
the Town Council deny this rezoning request until after the commercial development in the Town
Center area is close to completion.
On September 28`h, 2001, the applicant requested a continuance of this agenda item to the November ls`
2001 Town Council meeting. Due to the amount of material contained in the staff report, staff requested
that you keep the October 4, 2001 Planning and Zoning Commission and Staff report. Updates since the
production of that report are listed below.
16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404
• Staff has received a letter of protest from the property owner of lot 18, Block 5, Final Plat 412B.
This property owner originally protested the rezoning, then rescinded the original protest to
support the rezoning, and has now protested the rezoning again. This protest forces the super -
majority rule pursuant to Section 2.01E(2) of the Town of Fountain Hills Zoning Ordinance.
The applicant does not protest staff's interpretation of this ordinance as it now applies.
• Staff has met with the applicant to discuss the Engineering Department requirements to develop
this property with access to Shea Boulevard. These stipulations are listed in the Memorandum
from Randy Harrel to Jeff Valder, dated June 13, 2001, which is located in your staff report. The
applicant disagrees with a few of the stipulations, those items have been clarified in the attached
letter from Randy Harrel to Stuart Rider.
If you like a copy of the Planning and Zoning Commission and Staff Report, or if you have any
questions regarding this rezoning request, please contact me at (480) 816-5138. Please see the staff
report for further details regarding this request.
CAttachment: Letter from Randy Harrel to Stuart Rider, dated October 17, 2001
16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404
19000 Place.doc Pagel of 2 Chron 252
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October 17, 2001
Rider Land & Development LLC
15705 E. Richwood Avenue
Fountain Hills, AZ 85268
Attn: Stuart Rider
Town of FOUNTAIN HILLS
Engineering Department
Re: Comment Resolution Meeting of 10-17-01
19000 Place Commercial Center Rezoning Submittal (Shea Blvd)
(Plat 412B, Block 5, Lots 5, 6, and 7; Zoning Case 2001-01
Gentlemen:
At our comment resolution meeting of October 17, 2001, the following review comments were discussed,
and the following supplemental clarification/resolution verbiage should be added to the staff recommended
comments/stipulations as follows: (Verbiage from R. Harrel's 6-13-01 memo is shown in italics, and the
clarification/resolution verbiage is shown in regular type.)
1. The applicant should construct the third eastbound through lane on Shea Blvd on the property frontage.
[Now completed.] Reimburse the Town for its cost along the property frontage. [$80,000]
All the other commercial properties along Shea Blvd have constructed or paid for their frontage length of
Shea Blvd widening improvements —including Crossroads Convenience Center, Plat 704, 705, 706,
Bank of America, and Four Peaks Plaza (Target). If rezoned, this property should do likewise. Staff is
convinced that adequate nexus and proportionality rationale exist regarding these improvements on this
proposed rezone.
If these lots were being developed as large, single family residential lots as currently zoned on these
properties, with no access onto Shea Blvd (access is directly prohibited on the original Plat 412B), staff
does not believe that such nexus and proportionality would exist. Because of the existing zoning and
access restriction, the Town agreed to pay MCDOT for the Shea Blvd improvements along this property
frontage. (If the property is not rezoned, the Town does not intend to assess any Shea Blvd widening
costs to these large residential lots.)
If rezoned upon development, this property should reimburse the Town for its Shea Blvd widening cost
on the property frontage. That amount has been previously calculated to be $80,000.
2. Revise the east driveway location to align with the Crossroads Convenience Center driveway. Modi
the median noses to fit that driveway location.
16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404
19000 Place.doc Page 2 of 2 Chron 252
This alignment is particularly necessary to allow left -turns coming out of both driveways to avoid
colliding vehicle paths. It will be even more important if a future traffic signal is eventually installed at
this location.
We would recommend centering your driveway island at the center of the Crossroads driveway
alignment.
3. Construct a 6' meandering concrete sidewalk in the Shea Blvd right-of-way from the Texaco Station
parking lot into this projects [center driveway. 8' wide on the Cereus Wash box culvert]. Construct this
west of the westerly driveway.
Staff is agreeable to bond for 5-years (at the Town's decision) for the portion of the sidewalk east of the
westerly driveway provided that:
■ Adequate connecting pedestrian access into and through each parcel is being provided on -site.
■ No development of the SRP-MIC property directly east of the site is being actually
proposed/designed. (If it was, the sidewalk stipulation should be modified to continue to the far
east end of the property.)
■ The right-of-way will be graded and landscape/irrigation installed to accommodate a future
meandering sidewalk within the Shea right-of-way.
4. Construct an 8' concrete bike/pedestrian way from the project site into the Cereus Wash box culvert (this
would allow pedestrians to cross under Shea Blvd.
Staff is also agreeable to bonding for this work, with the same above stipulations.
S. Because of the Shea Blvd superelevation and uphill driveway from the Crossroads Convenience Center,
verb that traffic entering from these two opposite driveways can see each other.
If the proposed driveway is relatively flat (as you indicate it will be), this sightline will probably be ok.
Verify that it is with a profile line along both driveways at the improvement plan submittal.
6. TO PLANNING —what property lines need screen walls because of the adjacent residential property?
For parking lot screening, berms or retaining walls are probably also options.
If Parcel 7 is not a part of your final project, staff will review the stipulations to determine which stipulations
should be applicable (or revised) for the first commercially developed lots, versus which stipulations really
should only apply to Parcel 7.
Yours very truly,
Randy L. Harrel, P.E., L.S.
Town Engineer
Ui7
cc: Dana Burkhardt
Jim Leubner
Art Candelaria
16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404
E
TOWN of FOUNTAIN HILLS
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MEMORANDUM
TO: The Honorable Mayor and Town Council
THROUGH: William E. Farrell, Acting Town Manager
FROM: Dana Burkhardt, Senior Planner
SUBJECT: Preliminary Plat for "The Summit at Crestview"; Case # S2001-08
DATE: October 26, 2001
This is a request for preliminary plat approval for "The Summit at Crestview", a 68 unit, 5 lot, and 1
tract subdivision located at the northwest corner of Shea and Palisades Boulevards. As part of this
request, the applicant, MCO Properties, L.P., would like to grant the Town a Hillside Protection
Easement over Parcels A,B,C, and E of "Crestview" Parcel One (the adjacent single-family
development), to meet the required Hillside Protection for "The Summit at Crestview". The
proposed preliminary plat and the hillside protection transfer meet the Town of Fountain Hills
Subdivision and Zoning Ordinances. The Planning and Zoning Commission and staff recommend
approval of this preliminary plat and hillside protection transfer with the listed stipulations. If you
have any questions regarding this request, I can be reached at (480) 816-5138.
16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404
TOWN OF FOUNTAIN HILLS
PLANNING & ZONING COMMISSION AND STAFF REPORT
November 1st, 2001
CASE NO.: S2001-08
PROJECT MANAGER: Dana Burkhardt, Senior Planner
LOCATION: "Parcel 2", Located on the northwest corner of Palisades and Shea
Boulevard
REQUEST: Consideration of the preliminary plat for "The Summit at Crestview"
Condominium Subdivision, which is a 56.65 acre, 68 unit, 1 Tract
condominium subdivision.
DESCRIPTION:
OWNER: MCO Properties, L.P.
APPLICANT: Michael K. Snodgrass
EXISTING ZONING: "M-1" Multiple -family Zoning District
C SURROUNDING LAND USES AND ZONING:
NORTH: "Parcel 1", Crestview single-family vacant lots; zoned "R1-43 PUD"
SOUTH: Eagle Mountain Parcel "1"(future Fry's) and Driving Range; zoned "C-1 &
OSR"
EAST: Fountain Hills Resort; zoned "L-3 PUD"
WEST: Crestview single-family vacant lots; zoned "R1-43 PUD"
SUMMARY:
This request by MCO Properties L.P. is for approval of the Preliminary Plat for "The Summit at
Crestview", a 68 unit multiple -family subdivision. This Parcel of land was annexed into the Town
of Fountain Hills in February 1999 pursuant to the "Pre -Annexation Development Agreement" with
MCO Properties. The "Pre -Annexation Development Agreement" establishes the following
development rights for this property:
A. MCO has obtained from Maricopa County rezoning of Parcel 2 from
R1-43 designation to the R-3 P.D. multifamily designation.
B. The Town agrees that, upon execution of this agreement, and the
signing of a petition by MCO authorizing annexation of the Property,
the Town shall support the current request by MCO of Maricopa
County for such rezoning of Parcel 2.
P & Z Report SO1-08, Preliminary Plat for
"The Summit at Crestview."
November 1, 2001
Page 2
C. The Town and MCO agree, understand and acknowledge that after
annexation is completed by the adoption of an ordinance by a
majority of the members of the Town Council, and the passage of the
30 day period for questioning the validity of the ordinance of
annexation, the town is required by the provisions of A.R.S. §9-
47(L) to adopt the zoning classification which permits densities and
uses no greater than those permitted by the County immediately
before annexation. The parties further agree, understand and
acknowledge that the zoning designation to be adopted by the Town
of Fountain Hills after the annexation shall be the M-1 P.U.D.
zoning district as enumerated in the Zoning Ordinance of the Town
of Fountain Hills, and permitting private streets within Parcel 2 and
providing for site plan approval by the Town, and otherwise, except
as provided in paragraph 3(E) below, equivalent in all material
aspects to the R-3 P.D. multifamily designation as approved by the
County.
D. MCO further agrees, understands and acknowledges that, except as
otherwise provided in this Agreement, the development of Parcel 2
under the Town M-1 P.U.D. zoning classification, as that zone exists
now, shall be subject to all of the appropriate ordinances, rules and
regulations of the Town at the time that development occurs. MCO
further agrees that in connection with the approval of such M-1
P.U.D. zoning, it shall restrict Parcel 2 to prohibit its development as
single owner commercial rental property.
E. MCO agrees, understands and acknowledges that the zoning
classification of M-1 PUD, as provided for in this agreement is a less
intense use than the R-3 P.D. zoning designation approved for the
property by the county and that, as such, the zoning classification
applied to the Property by the Town could result in fewer units
being constructed than if the property were to have been developed
under R-3P.D. zoning in Maricopa County, provided that in no event
shall such Town Zoning provide for any less density for Parcel 2
than is set forth in paragraph 1(E)(1).
In summary, Parcel 2 shall conform to the M-1 zoning designation of the Town of Fountain Hills
Zoning Ordinance, with a maximum number of 150 dwelling units. The Town has also agreed to
amend the General Plan Land Use Map to designate this property as Multiple Family from the
existing Low Density Single Family designation. The following staff report will review the
subdivision's design and its conformance with the Subdivision Ordinance and the Zoning
Ordinance.
P & Z Report SO1-08, Preliminary Plat for
to "The Summit at Crestview."
November 1, 2001
Page 3
GENERAL DESCRIPTION:
The topography of the property for "Parcel 2" is steeply sloping hillside with areas of moderate to
severe slopes. Slopes of 10-20% and 20-30% are predominate throughout the proposed
subdivision. The subdivision proposes one through street, which will connect to the existing
Viento Court in the Crestview single-family subdivision by emergency access only, and three new
cul-de-sacs. The longest of the three cul-de-sacs measures approximately 1,480 lineal feet. All
roads will be placed in a privately owned tract of land and developed to the Town of Fountain Hills
Subdivision Ordinance roadway standards. This subdivision request conforms to the maximum
number of dwelling units allowed on a cul-de-sac (Article 305A(3)b & c) of the Town of Fountain
Hills Subdivision Ordinance.
The Hillside Disturbance (Article 504K(la)) does not meet within the property, however, the
property owner proposes to transfer Parcels "A, B, C, and E" of Parcel 1, also known as
"Crestview". With this transfer, the applicant will have a residual of approximately 12,000 square
feet of additional disturbance with the existing proposal. Staff is requesting that Town Council
approve the hillside transfer option.
The proposed dwelling units consist of five preliminary duplex plans. The individual units range in
size from 2,223 to 3,935 square feet with four of the five plans incorporating a lower level walk -out
element. The preliminary plat shows unit specific grading and design, however the applicant will
offer a choice of the optional plans to the consumer. Town staff will review each of the individual
building and grading plans under separate permits to maintain conformance to the final plat and the
Town of Fountain Hills Zoning Ordinance. This preliminary plat proposes a "shrink wrap" method
of condominiumizing. The owner wishes to have the flexibility to provide different design options
to future new home buyers, as each duplex model is selected and permitted, the Town will
condominiumize the property to the specific plan dimensions. The proposed preliminary plat
maintains conformance to all applicable the Town of Fountain Hills Zoning and Subdivision
Ordinances, therefore the property owner is guaranteed a feasible design without the need for a
variance or waiver.
On October 25, 2001, the Planning and Zoning Commission unanimously recommended approval
of this preliminary plat to Town Council. The Planning and Zoning Commission was generally
pleased with this project. The Commission recommends approval of this preliminary plat with a
modification to stipulation #1. Stipulation # 1 originally included verbiage for the applicant to
maintain the minimum required distances of 3' from grading, 5' from walls, and 8' from any
buildings to the Hillside Protection Easement. The Planning and Zoning Commission recommend
approval with the stipulations as written below.
P & Z Report S01-08, Preliminary Plat for
"The Summit at Crestview."
November 1, 2001
Page 4
The Planning & Zoning Commission and Staff recommend Town Council approval of the
Preliminary Plat and hillside transfer for "The Summit at Crestview", with the following
stipulations:
1) The applicant will revise the Preliminary Plat to show the Hillside Protection Easement
boundary. The applicant will also include within allowed disturbance all grading activity
that is not exempt from Article 504 (B) of the Town of Fountain Hills Subdivision
Ordinance.
2) The applicant shall provide a slope analysis exhibit identifying all areas exempt from land
disturbance requirements and provide calculations accordingly.
3) The applicant shall provide a full set of on and off -site improvement plans, including
landscaping as prescribed by the Subdivision Ordinance, and receive approval of such
plans prior to final plat approval.
IL4) That Town Council waive the requirement for the applicant to provide 5' sidewalks on
both sides of all interior streets of this multi -family subdivision. Staff believes a sidewalk
on only one side of the proposed roadways are appropriate for this subdivision.
5) Provide a 6' meandering sidewalk from the entrance, south to Shea Blvd.
6) Per MCDOT Roadway Design manual, Fig. 7.13 "volume warrants for right turn
deceleration lane" into site, meets warrants in the P.M. Provide a 100' deceleration lane
with 180' taper. This will be located southbound on Palisades Blvd. and westbound into
the entrance of the site.
7) Provide a revised Drainage Report that complies with all Engineering Department
comments with final plat submittal.
8) Provide a revised preliminary plat addressing the remaining technical review comments
as noted on the second review submittal, prior to improvement plan submittal.
9) The Town agrees to amend the General Plan Land Use Map for this parcel from Low
Density Single-family to the Multiple -family land use designation.
2
TOWN OF FOUNTAIN HILLS
COMMUNITY DEVELOPMENT DEPARTMENT
Date Filed
3-
Fee Paid 6 paA.p
Accepted By
Z)-U-)1
4 0
Plat Name/Number
The Summit at CrestView
Parcel Size
Number of Lots
56.65 Acres
5
Lots/68 Units
Number of Tracts
Zoning
1
M-1 PUD
General Plan Land Use Designation
Single Family Low
Density Requested (Dwelling Units Per Acre)
1.20 du/Acre
Applicant
Day Phone
MCO Properties, L.P.
480/837-9660
Address
City
ST
Zip
16930 E. Palisades Blvd.
Fountain Hills
AZ
85268
Owner
Day Phone
Same as Above
Address
City
ST
Zip
Attachments (Please list) Preliminary Plat ( 20 copies) , 8 2
x 11 " Reduction,
Preliminary Floor Plans, Cross-section & typical
elevation, Hillside
Disturbance Calc., Drainage Report & Fee letter.
Signature of Owner
I HERBY AUTHORIZE (Please Print)
Date
K. Michael Snodgrass
3_/_0(
O FILE THIS APPLICATION.
Subscribed and sworn before me this day of �%%i/%l
_I
, l�`9-9y
L My Commissi
Notar Public OFFICIAL SEAL
JAMIE RODGERS
Notary Public - State of &thou
MARICOPA COUNTY
My Comm. exPl f
TFH Case Number
Fee Schedule Attached
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