HomeMy WebLinkAbout2002.0103.TCRM.PacketTAIN f�l
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Councilman McNeill
Councilman Wyman
Councilwoman Fraverd
NOTICE OF REGULAR SESSION
OF THE
FOUNTAIN HILLS TOWN COUNCIL
Mayor Morgan
Councilwoman Hutcheson
Vice Mayor Kavanagh
Councilwoman Ralphe
WHEN: THURSDAY, JANUARY 3, 2002
TIME: 6:30 P.M.
WHERE: FOUNTAIN HILLS 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 AND PLEDGE TO THE FLAG — Mayor Morgan
INVOCATION — Councilwoman Sharon Hutcheson
• ROLL CALL
Consent Agenda:
All items listed with an asterisk (') are considered to be routine, non -controversial matters and will be enacted by one
motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all
recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a
Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an
item on the consent agenda, they may request so prior to the motion to accept the consent agenda. The item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda.
Town of Fountain Hills Page I of 2 Last printed 01/03/02 10:18 AM
*1.) Consideration of APPROVING THE MEETING MINUTES of December 18 and 20, 2001.
*2.) Consideration of a PARTICIPATION AGREEMENT with MCO Properties for the Parcel 12
Kiwanis Drive Street and Drainage Improvements.
*3.) Consideration of RESOLUTION 2002-02 abandoning the existing alley between Lots 68 and 69 in the
"FireRock Industrial Park" project (Plat 414), satisfying the stipulation requirements. (MCO Properties)
ROWO1-01
*4.) Consideration of RESOLUTION 2002-03 abandoning the two 8' public utility easements located
adjacent to the alley and between Lots 68 and 69 in the "FireRock Industrial Park" project (Plat 414),
satisfying the stipulation requirements. (MCO Properties) EA01-26
*5.) Consideration of a PRELIMINARY PLAT for the 21-unit Desert Vista Place Condominiums,
proposed to be located in Final Plat 302, Block 3, Lots 1-6, Case Number S2001-23.
6.) Consideration of RESOLUTION 2002-01 adding 354 acres of newly acquired land to the Fountain
Hills McDowell Mountain Preserve.
7.) Introduction and discussion of ORDINANCE 2002-01 amending the Town Code by adding Article 9-5
to establish rules and regulations for the Fountain Hills McDowell Mountain Preserve.
8.) PUBLIC HEARING ON A SPECIAL USE PERMIT for an outdoor seating area and alcoholic
beverage sales and dispensing at the proposed Pei Wei Asian Diner to be located at "Parcel 1, Tract C-
3", also known as "Eagle Mountain Village Marketplace", Case Number SU2001-16.
9.) Consideration of a SPECIAL USE PERMIT for an outdoor seating area and alcoholic beverage sales
and dispensing at the proposed Pei Wei Asian Diner to be located at "Parcel 1, Tract C-3", also known
as "Eagle Mountain Village Marketplace", Case Number SU2001-16.
10.) PRESENTATION by Acting Town Manager Bill Farrell on the Law Enforcement Agency Study
conducted by Lou Reiter and Associates.
11.) CALL TO THE PUBLIC.
M
Pursuant to A.R.S. §38-431 -01 (G), public comment is permitted (not required) on matters not listed on the agenda but must be within the jurisdiction of
the Council. All comment is "subject to reasonable time, space and manner restrictions" and the Council will not discuss or take legal action on
matters raised during call to the public unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the
public, individual Council members may respond to criticism, ask staff to review a matter or ask that a matter be put on a future agenda.
12.) ADJOURNMENT.
DATED this 2nd day of January, 20026t� avv��
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 2 of 2 Last printed 01/03/02 10:18 AM
January 3, 2002
Interoffice Memo
To: HONORABLE MAYOR AND TOWN COUNCIL
From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATION
Date: 1/3/2002
Re: CHANGES TO THE 1/3/02 COUNCIL AGENDA
Happy New Year!!.....there really are no changes of consequence.....just a couple of housekeeping
corrections:
-w-
Cleaned up the front page verbiage..... some of the executive session lanugage was inadvertently left
in the TIME information line.
Changed Article 9-4 to Article 9-5 in agenda item #7.....Bev astutely discovered late last Friday that
Article 9-4 alread isted!'
I�
Thanks!
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t
Page 1 of 1 Updated Agenda Items 1/3/02 Last printed 1/3/2002 10:36 AM 1/3/2002
Parcel 12 Staff Report.doc
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Chron 297
Town of FOUNTAIN HILLS
Engineering Department
TO: Honorable Mayor and Council
FROM: Jim Leubner ✓ ���
THROUGH: William E. Farrell
DATE: December 21, 2001
MEMORANDUM
RE: Parcel 12 Participation Agreement
Payment of Kiwanis Drive Street and Drainage Improvements
The Parcel 12 development plat was approved by the Town Council on October 18, 2001 and was
recently recorded. One of the stipulations for approval of this plat was the execution of a
participation agreement or letter of commitment binding both parties (Town of Fountain Hills and
MCO) to a mutual cost sharing of the future Kiwanis Drive improvements. During prior meetings
and discussions between the Town and MCO, both parties each had agreed to a 50% cost share
percentage.
The attached Participation Agreement and resulting signatures of approval constitute the
commitment of both parties to assure their obligation to comply with the project stipulation of
approval.
M
PARCEL 12 PARTICIPATION AGREEMENT
Kiwanis Drive Improvements
This agreement is made and entered into this day of 2002 by and between
MCO Properties (hereinafter "Developer") and the Town of Fduntain Hills, a it unicipal corporation in the
State of Arizona (hereinafter "Town").
WHEREAS, the Town has required as a condition of the Parcel 12 final plat that the Developer complete
certain public street and drainage improvements within the Kiwanis Drive right-of-way. This final plat
was also conditioned upon the signature of this Agreement between MCO Properties and the Town; and
WHEREAS, the Town desires to have constructed certain drainage and street improvements to Kiwanis
Drive at Fountain Channel between Saguaro Boulevard and El Lago Boulevard, and
WHEREAS, the Developer and the Town have agreed to cooperate in a program for the improvements of
the above Kiwanis Drive right-of-way (hereinafter "improvements").
NOW THEREFORE, on finalization of the scope and the cost estimate of the work constituting the
improvements, for good and valuable consideration, the parties agree as follows:
Town's Responsibilities
1. The Town will provide preservative seal for all new paved road surfaces included within Kiwanis
Drive located between El Lago Boulevard and Saguaro Blvd.
2. The Town will pay 50% of the cost (estimated to be $98,000 - Exhibit A) of the associated street and
drainage improvements to be located at the existing low water crossing of Kiwanis Drive, including
headwalls, trenching, removals and utility relocations.
3. The Town will manage the design and construction of the project; however, the Developer will also
partake in the design phase.
4. The Town may need to request temporary construction easements from the private owners of Lots 3
and 4.
Developer's Responsibilities
The Developer shall complete, to Town standards, any and all other work under the Parcel 12 Plat and
improvement plans.
2. The Developer will pay 50% of the cost (estimated to be $98,000 — Exhibit A) of the associated street
and drainage improvements to be located at the existing low water crossing of Kiwanis Drive,
including headwalls, trenching, removals, and utility relocations upon receipt of invoice(s) from the
Town.
Complete Agreement; Heading; Waiver
This Agreement contains the complete agreement of the parties and cannot be amended or modified
,,, except by written agreements signed by MCO Properties and the Town of Fountain Hills.
Headings herein are for reference purposes only and are not intended in any way to describe, interpret,
define or limit scope, content or extent of this agreement or any party of it. If any portion of this
agreement is held by a court of competent jurisdiction to be invalid or inoperative, then so far as is
reasonable and possible, the remainder of this agreement shall be deemed valid and operative, and effect
shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either
party to enforce against the other any term or provision of this agreement shall not be deemed to be
waiver of that party's right to enforce against the other party the same or any other term or provision.
The terms and provisions of this Agreement shall not merge with, or be extinguished or otherwise
effected by, any subsequent conveyance or instrument between the parties, unless the instrument
specifically so states and is signed by both parties.
Binding Effect; and Authority
The Developer shall not assign this agreement to any other person or entity without the express prior written
consent of the Town. The duration of this Agreement shall extend to three years from date of plat
recordation. Within three years of the date of plat recordation, the Town shall notify MCO that the project
construction is underway.
Conflict of Interest
This Agreement is subject to cancellation pursuant to A.R.S. § 38-511.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
Signed: MCO Properties L.P., DBA MCO Properties Limited Partnership, a Delaware Limited Partnership.
FOR MCO PROPERTIES FOR THE TOWN OF FOUNTAIN HILLS
Greg Bielli
APPROVED AS TO FORM-
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William E. Farrell, Town Attorney
OR
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William E. Farrell, Acting Town Manager
REVIEWED BY:
Randy L. Harrel, Town Engineer
DATE: 11 /19/01
PROJECT #: A99-042a
PROJECT NAME: PARCEL 12
Exhibit A
COST ESTIMATE
FOR
CONCEPT PLAN OF
KIWANIS DRIVE / FOUNTAIN CHANNEL
GRADE SEPARATION
1.
Sidewalk Removal
500 S.Y.
1.00
$500
2.
A C Pavement Removal
3000 S.Y.
1.00
3,000
3.
Vertical Curb Removal
1800 LF
2.00
3,600
4.
Raise Manhole (s)
L.S.
1,000
5.
Raise Hydrants / Valves
L.S.
1,500
6.
Common Borrow
2700 C.Y.
3.50
9,500
7.
2" AC / 6" ABC
3000 S.Y.
10.00
30,000
8.
6" Vert. Curb & Gutter
1800 LF
6.00
10,800
9.
5' Sidewalk
4500 S.F.
2.00
9,000
10.
(5) 3' x 10 x 44'Concrete
Boxes
L. S.
66,000
w/wings
11.
Pipe Hand Rail
60 LF
15.00
900
12.
Steel Guard Rail
100 LF
20.00
2,000
13.
Catch Basin w/Outlets
4 ea
1500
$6,000
Subtotal Est. Construction
148,300
Construction Contingency (15%)
22,200
Estimated Total Construction
$170,500
Estimated Total Engineering (15%)
25,500
Estimated Total Project Cost
$196,000
Chron 303
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Town of FOUNTAIN HILLS
Engineering Department
MEMORANDUM
TO: Honorable Mayor and Town Council
FROM: Jim Leubner, Senior Civil Engineer
REVIEWED: Randy Harrel, Town Engineer
THROUGH: William E. Farrell, Acting Town Manager
DATE: December 26, 2001
RE: Right -of -Way Abandonment ROW2001-01; Resolution 2002-02
FireRock Industrial Park
Plat 414, Lots 68 & 69
MCO Properties
On October 26, 2001, the Town Council approved the final plat with stipulations for the
"FireRock Industrial Park" project. Stipulation number two (2) required the right-of-way
abandonment of the existing alley between lots 68 and 69 and the abandonment of the
two 8' public utility easements located adjacent to the alley. Approval of Resolution
2002-02 satisfies the requirement of stipulation number two (2) for the alley
abandonment.
This item on the Town Council's agenda is a proposal to abandon the Thirty (30) foot wide
alley from Technology Drive to Laser Drive, between Lots 68 and 69 of Plat 414, shown in
Exhibit "A". The property owner of Plat 414 desires the assurance that any future
improvements made to the plat 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 if there are any drainage
issues in addition to the Town's general interest in the alley right-of-way. The property
owners of Plat 414 will be required to pass the developed flows generated across their
property per the approved Drainage Report for Plat 414 (FireRock Industrial Park Plat).
Staff recommends adoption of Resolution 2002-02.
is
cc: MCO Properties
Page I of 1 ROW 2001-01 (Council Memo) FireRock Industrial Park Plat 414, Lots 68 & 69
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:
Town of Fountain Hills
Engineering Dept.
PO Box 17958
Fountain Hills, AZ 85269
RESOLUTION 2002-02
A RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA
PURSUANT TO A.R.S. § 28-1901 ET. SEQ. ABANDONING
ALL RIGHT, TITLE OR INTEREST IN PORTIONS OF
CERTAIN PUBLIC RIGHTS -OF -WAY LOCATED WITHIN
FOUNTAIN HILLS FINAL PLAT NUMBER 414, LOTS 68
AND 69 AS RECORDED IN BOOK 287, PAGE 22 OF THE
RECORDS OF THE MARICOPA COUNTY RECORDER
WHICH HAVE BEEN FOUND TO BE NO LONGER
NECESSARY.
WHEREAS, A.R.S. § 28-1901 et. seg. provides for the disposition of unnecessary public
roads; and
WHEREAS, The Town Council of the Town of Fountain Hills is the governing body of the
Town; and
NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of
Fountain Hills, Arizona, as follows:
SECTION 1. That the north and south public alley located within Plat 414, between Lots
68 and 69 as recorded in Book 287, Page 22, Maricopa County Recorder
Records as depicted in Exhibit A attached hereto and incorporated herein is
hereby declared to be no longer necessary for public use as a right-of-way.
SECTION 2. That the Council determines this property can best be used to protect the
public health, safety and welfare of the adjacent property owners and the
citizens of the Town and therefore declares that the value of the property is
de minimis and that no compensation is required from the adjacent property
owners pursuant to A.R.S. § 28-1902.A.3 and § 28-1902.A.5.
SECTION 3. That upon recordation of this resolution in the office of the Maricopa County
Recorder, title to this property as described in Exhibit A and as depicted in
Exhibit B shall vest in the owners of record of the adjacent property as
determined by the records of the Maricopa County Recorder on the day of
recordation.
Resolution 2002-02
Page 1 of 2
PASSED AND ADOPTED this 3d day of January 2002.
FOB TKE TOWN OF FOUNTAIN HILLS: ATTEST:
r
r
Sharon Morgan, ayk Cassie B. Hansen
1 Town Clerk
REVIEWED BY:
i liam E. Farrell
Acting Town Manager/Town Attorney
Resolution 2002-02
Page 2 of 2
TOWN OF FOUNTAIN HILLS
PUE & ROW ABANDONMENT
EXHIBIT "A"
PLAT 414 ALLEY, LOT 68 & LOT 69
PLA 414
B00 287,--- -
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\\�\ ABANDON 30'
. \ ALLEY ROW
ABANDON 8' PUE
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.......... : LOT 69
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SCALE: 1"=80'
DATE: 12-20-01
Chron 302
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Town of FOUNTAIN HILLS
a -�� io Engineering Department
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`dat is � MEMORANDUM
TO: Honorable Mayor and Town Council
FROM: Jim Leubner, Senior Civil Enginee�y
REVIEWED: Randy Harrel, Town Engineer /
THROUGH: Bill Farrell, Acting Town Manager
DATE: December 26, 2001
RE: Easement Abandonment 01-26; Resolution 2002-03
Plat 414, Lots 68 & 69 (FireRock Industrial Park)
MCO Properties
On October 26, 2001, the Town Council approved the final plat with stipulations for the
"FireRock Industrial Park" project. Stipulation number two (2) required the right-of-way
abandonment of the existing alley between lots 68 and 69 and the abandonment of the
two 8' public utility easements located adjacent to the alley. Approval of Resolution
2002-03 satisfies the requirement of stipulation number two (2).
This item on the Town Council's agenda is a proposal to abandon the eight- (8) foot
public utility easements located adjacent to the alley between Lots 68 and 69, Plat 414,
(FireRock Industrial Park) as shown in Exhibit "A". The property owner of Lots 68 and 69
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.
It is the professional opinion of the Engineering Department that there is no need for the
Town to retain the public utility easements proposed to be abandoned, as shown in
exhibit "A".
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 2002-03
att,
cc: MCO Properties
EA01-26; Plat 414, Lots 68 & 69 (MCO Properties)
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 2002-03
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT, TITLE, OR
INTEREST IT HAS IN A PORTION OF THE CERTAIN EIGHT (8) FOOT PUBLIC
UTILITY EASEMENT ALONG THE EASTERLY AND WESTERLY LOT LINES OF
LOTS 68 AND 69,01F PLAT 414, RESPECTIVELY, FOUNTAIN HILLS, ARIZONA,
AS RECORDED IN BOOK 287 OF MAPS, PAGE 22, 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
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 eight (8) foot public utility easement, located along
the easterly and westerly property lot lines of Plat 414, Lots 68 and 69, respectively,
Fountain Hills, Arizona; as shown in Exhibit "A"; as recorded in book 287 of maps,
page 22 records of Maricopa County, Arizona; are hereby declared to be
abandoned by the Town of Fountain Hills.
SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for
the purpose of removing any potential cloud on the title to said property and that
the Town in no way attempts to affect the rights of any private party to oppose the
abandonment or assert any right resulting therefrom or existing previous to any
action by the Town.
Resolution 2002-03
Page 1 of 2
PASSED AND ADOPTED this 3Id day of January 2002.
ATTEST:
Cassie B, Hansen, Town Clerk
REVIEWED BY AND APPROVED AS TO FORM:
illiam E, Farrell,
Acting Town Manager/Town Attorney
TOWN OF FOUNTAIN HILLS
Sharon Morgan,
Resolution 2002-03
Page 2of2
TOWN OF FOUNTAIN HILLS
PUE & ROW ABANDONMENT
EXHIBIT "A"
PLAT 414 ALLEY, LOT 68 & LOT 69
PLAT 414
B00 287. - - -- -
1 PAG 22I -__`\` \
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LOT 68
F
\\
\ \ :;:`: ABANDON 30' \ ALLEY ROW
J� ABANDON 8' PUE
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LOT 69
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SCALE: 1 "= 80' GAP ,
DATE: 12-20-01
9
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TOWN of FOUNTAIN HILLS
ate - ��°� Community Development Department
• ftT 190 •
that is An"
MEMORANDUM
TO: The Honorable Mayor and Town Council
THROUGH: William E. Farrell, Acting Town Manager
FROM: Dana Burkhardt, Senior Planner I5�3
SUBJECT: Case # S2001-023; Final Replat of Lots 1-6, Block 3, Final Plat 302 and
Preliminary Plat for "Desert Vista Place Condominiums".
DATE: December 27, 2001
This is a request by MCO Properties and Hallcraft Homes, to remove the lot lines within Block 3,
Final Plat 302, and include the abandoned alley abutting the existing east property boundary. The
applicant is also requesting preliminary plat approval for a 21-unit condominium project, which
includes off -site improvements. The Planning and Zoning Commission unanimously recommend
Town Council approval of this preliminary plat with stipulations. The applicant is in agreement
with the stipulations listed in the staff report.
On December 4th, 2001, the Town Council approved a development agreement and special use
request for this project as presented in this report. Please see the attached staff report for further
details. 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
STAFF REPORT
JANUARY 3RD 2002
CASE NO.: S2001-23
PROJECT MANAGER: Dana Burkhardt, Senior Planner
LOCATION: Final Plat 302, Block 3, Lots 1-6
REQUEST: Consideration of the preliminary plat for "Desert Vista Place
Condominiums", a 2.75 acre, 21 unit condominium subdivision
proposed in the "C-1" Zoning District.
DESCRIPTION:
OWNER: MCO Properties, L.P.
APPLICANT: Hallcraft Homes, Gene Baker, President
EXISTING ZONING: "C-1" Neighborhood Commercial and Professional Zoning
District
SURROUNDING LAND USES AND ZONING:
%W
NORTH: Saxon Drive and existing church facility; zoned "C-1"
SOUTH: Automotive repair shop, vacant lot, and the School District's bus depot;
zoned "C-1"
EAST: Vacant Town owned Parcel "C" and vacant Fort McDowell Indian
Community land; zoned "C-1"
WEST: 302 Park; zoned "C-1"
SUMMARY:
This request by MCO Properties L.P. and Hallcaraft Homes, is for preliminary plat approval of
"Desert Vista Place Condominiums", a 21 unit multiple -family gated subdivision with a common
pool amenity. At the December 4, 2001, Town Council meeting, the property owners were
granted a Special Use Permit by Town Council to allow 21 residential units to be developed in
the "C-1" Commercial Zoning District. Also at the December 4, 2001 meeting, the Town
Council approved a Development Agreement for this property that would; a) transfer the required
area of hillside preservation to another parcel within the Town of Fountain Hills; b) abandon and
dedicate the alley within Plat 302, Block 3 and the alley adjacent to the eastern property lines of
Lots 3 and 4 of Plat 302, Block 3; and c) require the property owner to provide grading,
landscaping, and perpetual maintenance of the Town owned Parcel "C".
0
Staff Report SO1-23
"Desert Vista Place Condominiums."
December 13, 2001
Page 2
This project has been designed in conformance with the "M-1" Multiple -Family Residential Zoning
District requirements. The alley abandonment and dedication to the owner/applicant allows a
maximum density of 21 dwelling units, as it is proposed, per the "M-1" Zoning District standards.
There are two vehicular access points to this subdivision. The main point of access is the Desert
Vista gated entrance, and a secondary vehicle access point is located off of Sioux Drive. The total
parking required for this project is forty-eight, one of which must be handicap accessible. Each unit
has an attached two -car garage that is setback a minimum of 19' from the back of sidewalk or back
of curb, whichever is closer, to allow space for tandem parking. There are four uncovered parking
spaces adjacent to the pool amenity and three more parking spaces distributed along the west side of
the drive aisle adjacent to Sioux Drive.
All utilities and access aisles are located within a forty-two foot roadway and public utility
easement. The drive aisle paved width is twenty-six feet with a five-foot sidewalk on one side.
The individual dwellings are both single -level and two-story with living areas ranging from 1,312
to 2,082 square feet. The end units of all the proposed buildings are single story.
The proposed replat associated with this preliminary plat request will create a single lot with three
street -side property lines. Article 308(F) of the Subdivision Ordinance establishes the following:
"Through lots shall not be permitted. An undevelopable tract of land, at a minimum depth
equal to at least 20 feet or the street -side yard setback requirement of the zoning district
within which the subdivision is located, shall be shown on the final plat between the rear
and street side lot line(s) of all lot(s) and the abutting street right-of-way (See Exhibit 21).
In subdivisions where all of the lots are at least 18,000 square feet in size and are not graded
with the subdivision improvements, a no -build or other comparable easement may be
platted, at the Town's discretion, instead of the separate tract of land."
Staff believes it is appropriate in this instance to allow a thirty-foot No Build Easement (N.B.E.)
and a one -foot Non -Vehicular access Easement (N.V.A.E.) in place of a separate tract. This lot
configuration has been designed with a thirty-foot minimum building setback from all four sides, as
the "M-1" Zoning District prescribes. The Zoning Ordinance allows a maximum wall height of
forty-two inches within these setbacks.
M
Staff Report SO1-23
"Desert Vista Place Condominiums."
December 13, 2001
Page 3
The applicant and the Town have entered into a development agreement to transfer hillside
preservation and for the development and maintenance of Parcel "C". In accordance with Article
504 of the Subdivision Ordinance, this property has approximately 4,233.9 square feet of hillside to
preserve. The proposed condominium preliminary plat proposes 100% disturbance. The approved
development agreement allows the applicant to transfer hillside preservation to the Town owned
McDowell Mountain hillside preserve, in -lieu of on -site preservation.
The site design proposes to convey all drainage from this site through Parcel "C", which is located
adjacent to the eastern property boundary. Staff will agree to allow the applicant to convey
drainage through this area; however, it must be contained within an underground storm drain.
Containing the storm water in a pipe will allow for easier maintenance for the property owners and
allow safer access to the public utilities. An easement will be maintained over the existing sewer
and utility lines located in the alley. The development agreement requires that the developer
provide a trail, landscaping, and perpetual maintenance of Tract "C", at his sole expense.
I%" Recommendation
Staff and the Planning & Zoning Commission recommend Town Council approval of the
preliminary plat for "Desert Vista Place Condominiums", with the following stipulations:
1) That the applicant provide a title report showing his ownership of the property and any
easements on, across, and over all properties to be dedicated and also for Parcel "C" prior
to recording the Development Agreement.
2) Redesign the drainage along the eastern portion of this property and in Parcel "C" to be
piped underground. Also provide a subsurface connection between the on site culvert and
the Parcel "C" culvert.
3) Portions of building number three be lowered by a minimum of 1.5 feet to maintain
conformance with the maximum 30' height requirement.
4) All improvement plans, such as landscaping, irrigation, grading and drainage plans along
with a construction assurance bond must be approved by the Town prior to final plat
approval.
0
J�TA11.
Date Filed ( /U
Type of Special Use Requested
t S G�t -TT Cf t T?4 f C-A-C C is nl`e c r\r i► . �
TOWN OF FOUNTAIN HILLS
COMMUNITY DEVELOPMENT DEPARTMENT
Fee Paid
Address of Subject Property
) F— S E0- 7- U( s7�4 o e-(vc
Legal Description: Plat
�a Z Block
Applicant
14A c_t._ C /Ea (-r
Address
Owner
Address
(J"E-s 'Sc.v� city
Signature of Owner I HERBY AUTHORIZE (Please Print)
TO FILE THIS APPLICATION.
Subscribed and sworn before me this
Notary Public
Submittal Requirements (attach additional sheets);
day of
My Commission Expires
Accepted B
Zoning
C(
(Seal)
Lot(s)
l '7LH---e vc A G
Day Phone
S�LJ Zipa S L 6 J,
Day Phone
sA Z I Zip
Date
1. Mailing labels with names and addresses of all property owners within 300 feet of the external
boundaries of the subject property.
19
2. 1 S Ian full size folded prints (preferably 24"X36") of the site pshowing minimum zoning retiuireme
the proposed development if the Special Use Permit is granted, as well as the exterior elevations. nts and
3. 1 8•5" X 11" photostatic reduction of each of the ab
ove referenced exhibits.
4. Describe the proposed use, the operations of the use, and the facilities proposed for the land use.
rS. A narrative describing any adverse impact the proposed land use may have on the surrounding
ro erties and on the neighborhood and what steps will be taken to avoid these adverse impacts.
FPe Schedule Attached TFHase Number
( ;-)CC)
DESERT VISTA PLACE CONDOMINIUMS
NARRATIVE
Hallcraft Homes is proposing 21 residential multi -family units on 2.75 acres in a C-1
zoned area. The intended use will be a down -zone that provides a transition between the
church to the north, the Town 302 Park to the west, a buffer tract to east adjacent to the
Indian Reservation and the commercial area to the south.
The southerly commercial area consists of a vacant body shop building, a storage yard
and a school bus barn. This project is proposed to have a 6' high fence along the north,
west and south sides.
Traffic from 21 multi -family units will not increase traffic when compared to 6
commercial lots.
TOWN OF FOUNTAIN HILP-
AUG 0 2 2001
COMMUNITY DER/r
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Town of Fountain Hills
Memorandum
DATE: December 28, 2001
TO: The Honorable Mayor and Common Council
FROM: Jeffrey Valder, Director of Community DevelopmentX0
THROUGH: William E. Farrell, Acting Town Manager
SUBJECT: Consideration of Resolution 2002-01 and discussion of Ordinance 02-01
On December 20, 2001 the Town of Fountain Hills acquired ownership of 354 acres of land in the
McDowell Mountains of Fountain Hills to culminate the Town's efforts over the past several
years to create and expand the Fountain Hills McDowell Mountain Preserve (FHMMP). These
354 acres are to be added to the Town's existing preserve, created in January 1999, that now
totals 386 acres. Resolution 2002-01 will formally add the 354 acres.acquired on December 20,
2001 to the FHMMP. If Resolution 2002-01 is adopted, the FHMMP will total 740 acres. If you
include the 200-acre parcel owned by the City of Scottsdale southwest of the newly acquired
land, there will be 940 acres of land, just within the northwestern corner of the Town of Fountain
Hills, that will be preserved for this and future generations.
1%%11 Staff recommends that the Town Council approve Resolution 2002-01.
Over the past two months the McDowell Mountain Preservation Commission (MMPC) has
worked to develop a set of rules and regulations for the FHMMP. The MMPC met several times
to discuss their vision and prepared a draft ordinance, intended for inclusion in The Fountain
Hills Town Code, that establishes these regulations. The Commission reviewed draft regulations
under consideration in Scottsdale, and Ordinance 02-01 represents the desire and vision of the
MMPC for the FHMMP.
Staff wanted the Town Council to have some time to review these regulations before the Council
acted on Ordinance 02-01, so there will be a discussion item on the Council's January 3, 2002
agenda. Staff will be agendize Ordinance 02-01 for Council consideration at the Council's
January 17, 2002 meeting. Staff and members of the MMPC will be present at the January 3,
2002 Town Council meeting to respond to questions.
TOWN OF FOUNTAIN HILLS
RESOLUTION NO.2002-01
A RESOLUTION OF THE TOWN OF FOUNTAIN HILLS,
MARICOPA COUNTY, ARIZONA, ADDINGS LANDS TO
THE FOUNTAIN HILLS MCDOWELL MOUNTAIN
PRESERVE
WHEREAS, the McDowell Mountains are the most prominent scenic feature along the western border
of the Town of Fountain Hills with landmark views, lush Sonoran desert vegetation,
abundant wildlife, rock outcrops, and steeply carved hillsides and washes; and
WHEREAS, Fountain Hills' residents have given their strong support to maintain this treasure for the
enjoyment of all and for future generations to experience and enjoy; and
WHEREAS, the McDowell Mountain Preservation Commission (MMPC) has defined a mission to
follow a defined action plan that will preserve, protect, and maintain the beauty and
heritage of the McDowell Mountains in perpetuity with provisions for appropriate public
access and use as deemed desirable by the Commission and subsequent preserve
management administrations; and
WHEREAS, On January 21, 1999 the Fountain Hills Town Council, through Resolution 1999-05,
proclaimed the establishment of the Fountain Hills McDowell Mountain Preserve
14 - (FHMMP) and the first 386-acre phase of the FHMMP was also established.
WHEREAS, Resolution 1999-05 provided for future additions to the FHMMP, and
WHEREAS, On December 20, 2001 the Town of Fountain Hills acquired 354 acres of land abutting
the existing FHMMP and now desires that this land also be included within the Fountain
Hills McDowell Mountain Preserve.
NOW, THEREFORE, BE IT RESOLVED BY MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS:
Section 1: That the Fountain Hills Town Council hereby adds 354 acres of land to the Fountain Hills
McDowell Mountain Preserve (FHMMP), which area is more particularly and legally
described in EXHIBITS "A" and "B" and graphically depicted in EXHIBIT "C" attached
hereto and incorporated herein by reference.
Section 2: That the Fountain Hills Town Council hereby intends that as additional suitable land is
acquired it will be added to the FHMMP.
Section 3: That the general guidelines included under the Preserve Management Plan as noted in
Resolution 1999-05 shall apply but that any rules and regulations adopted by ordinance in
The Fountain Hills Town Code shall control.
Resolution 2002-01
Page 1 of 2
PASSED AND ADOPTED this Yd day of January, 2002.
3-4
FOR THE TOWN OF FOUNTAIN HILLS
MR: WRk+2093-'Y
William E. Farrell, Acting Town Manager
M
Cassie B. Hansen, Town Clerk
APPROVED AS TO FORM:
n
William E. Farrell, Town Attorney
Resolution 2002-01
Page 2 of 2
Exhibit "A"
y`" PROPERTY ACgUISITION PARCEL — TOWN PARCEL - 154.00 ACRE
A parcel of land located in Sections 6 and 7. Township 3 North, Range 6 East of the Gila and Salt
River Base and Meridian, Maricopa Countv, Arizona, described as follows:
Commencing at the northwest corner of said Section 6;
Thence along the north line of said Section 6, north 89 degrees 53 minutes 17 seconds east, a
distance of 1106.23 feet to the TRUE POINT OF BEGINNING:
Thence continuing along the north line of said Section 6 north 89 degrees 53 minutes 17 seconds
east, a distance of 167.08 feet;
Thence departing said north line of said Section 6, south 33 degrees 11 minutes 35 seconds east,
a distance of 457.90 feet,
Thence south 40 degrees 01 minutes 13 seconds west, a distance of 386.14 feet:
Thence south 43 degrees 31 minutes 37 seconds east, a distance of 296.11 feet:
Thence south 63 degrees 16 minutes 29 seconds east, a distance of 533.75 feet;
Thence south 37 degrees 39 minutes 29 seconds east, a distance of 127.05 feet;
Thence south 13 degrees 01 minutes 04 seconds west, a distance of 319.64 feet;
Thence south 56 degrees 31 minutes 50 seconds east, a distance of 614.98 feet;
Thence south 27 degrees 51 minutes 40 seconds east, a distance of 551.17 feet;
Thence south 65 degrees 55 minutes 34 seconds east, a distance of 407.89 feet;
Thence south 26 degrees 25 minutes 05 seconds west, a distance of 262.57 feet;
Thence south 55 degrees 58 minutes 47 seconds east, a distance of 273.07 feet;
Thence south 50 degrees 04 minutes 44 seconds east, a distance of 101.71 feet;
Thence south 45 degrees 00 minutes 15 seconds east, a distance of 295.22 feet;
Thence south 19 degrees 53 minutes 42 seconds west, a distance of 273.06 feet;
Property Acquisition Parcel Town 154.00 acre.doc REA 01-09 Page] of 5
Thence south 30 degrees 20 minutes 42 seconds east, a distance of 299.51 feet:
`-.. Thence south 65 degrees 10 minutes 04 seconds east, a distance of 198.11 feet:
Thence south 07 degrees 18 minutes 31 seconds east, a distance of 243.51 feet:
Thence south 09 degrees 51 minutes 13 seconds west, a distance of 138.70 feet:
Thence south 37 degrees 27 minutes 36 seconds east, a distance of 446.45 feet:
Thence south 48 degrees 45 minutes 10 seconds east, a distance of 283.04 feet;
Thence south 29 degrees 28 minutes 32 seconds west, a distance of 185.35 feet;
Thence south 39 degrees 20 minutes 53 seconds east, a distance of 185.58 feet to a point on the
northwesterly corner of a parcel also described in MCR 98-0643985, Exhibit E and known as the
280 Acre Parcel, LN 962;
Thence along the westerly boundary of said 280 Acre Parcel south 00 degrees 00 minutes 04
seconds east, a distance of 114.88 feet to a point on the common line of said Sections 6 and 7
from which point the northeast comer of said Section 7 bears north 89 degrees 57 minutes 26
seconds east, a distance of 1009.06 feet;
Thence continuing along the westerly boundary of said 280 Acre Parcel south 00 degrees 00
minutes 04 seconds east, a distance of 1804.33 feet;
Thence along the westerly boundary of said 280 Acre Parcel south 30 degrees 59 minutes 00
seconds east, a distance of 2160.75 feet;
y�'hence departing the westerly boundary of said 280 Acre Parcel north 58 degrees 17 minutes 01
seconds west, a distance of 179.57 feet;
Thence north 30 degrees 59 minutes 00 seconds west, a distance of 1736.14 feet:
Thence south 59 degrees 08 minutes 54 seconds west, a distance of 394.35 feet;
Thence north 66 degrees 02 minutes 43 seconds west, a distance of 267.88 feet:
Thence north 52 degrees 48 minutes 24 seconds west, a distance of 227.70 feet;
Thence north 75 degrees 45 minutes 17 seconds west, a distance of 73.67 feet;
Thence south 44 degrees 03 minutes 01 seconds west, a distance of 265.40 feet;
RA,I-
Property Acquisition Parcel Town 154.00 acre.doc REA 01-09 Page 2 of 5
Thence south 84 degrees 44 minutes 21 seconds west, a distance of 146.14 feet;
whence south 58 degrees 32 minutes 12 seconds west. a distance of 396.00 feet:
Thence north 36 degrees 31 minutes 11 seconds west, a distance of 119.42 feet to the beginning
of a non -tangent curve being concave southeasterly, having a radius of 375.00 feet, a radial line
passing through said point bears south 50 degrees 09 minutes 56 seconds east;
Thence northeasterly along the arc of said curve through a central angle of 06 degrees 16 minutes
28 seconds, an arc length of 41.07 feet;
Thence north 46 degrees 06 minutes 32 seconds east, a distance of 252.63 feet to the beginning
of a tangent curve being concave southeasterly, having a radius of 40.00 feet;
Thence northeasterly along the arc of said curve through a central angle of 35 degrees 39 minutes
33 seconds, an arc length of 24.89 feet to a point of reverse curve being concave southwesterly,
having a radius of 40.00 feet;
Thence northerly along the arc of said curve through a central angle of 251 degrees 19 minutes 06
seconds, an arc length of 175.45 feet to a point of reverse curve being concave northerly, having a
radius of 40.00 feet;
Thence southerly along the are of said curve through a central angle of 35 degrees 39 minutes 33
seconds, an arc length of 24.89 feet;
Thence south 46 degrees 06 minutes 32 seconds west, a distance of 69.23 feet:
t�'rhence north 46 degrees 40 minutes 41 seconds west, a distance of 251.52 feet:
Thence north 51 degrees 09 minutes 44 seconds west, a distance of 419.71 feet;
Thence north 66 degrees 08 minutes 45 seconds west, a distance of 497.09 feet;
Thence north 53 degrees 45 minutes 01 seconds west, a distance of 542.54 feet;
Thence south 62 degrees 36 minutes 57 seconds west, a distance of 405.10 feet to the beginning
of a non -tangent curve being concave southwesterly, having a radius of 430.00 feet, a radial line
passing through said point bears south 55 degrees 15 minutes 15 seconds west;
Thence southerly along said curve through a central angle of 25 degrees 05 minutes 43 seconds,
an arc length of 188.34 feet;
Thence south 09 degrees 39 minutes 02 seconds east, a distance of 37.22 feet;
Property Acquisition Parcel Town 154.00 acre.doc REA 01-09 Page 3 of 5
Thence south 80 degrees 20 minutes 58 seconds west, a distance of 25.25 feet to the beginning of
a tangent curve being concave northerly, having a radius of 180.00 feet;
"*ence westerly along the arc of said curve through a central angle of 24 degrees 23 minutes
35
seconds, an arc length of 76.63 feet to a point of reverse curve being concave southerly, having a
radius of 190.00 feet:
Thence westerly along the arc of said curve through a central angle of 25 degrees 11 minutes 05
seconds, an arc length of 83.52 feet;
Thence south 79 degrees 33 minutes 28 seconds west, a distance of 23.39 feet;
Thence north 26 degrees 05 minutes 37 seconds west, a distance of 157.37 feet;
Thence north 59 degrees 10 minutes 00 seconds west, a distance of 140.64 feet;
Thence south 60 degrees 05 minutes 20 seconds west, a distance of 119.65 feet;
Thence south 24 degrees 24 minutes 05 seconds east, a distance of 263.43 feet to the beginning
of a non -tangent curve being concave northerly, having a radius of 180.00 feet, a radial line
passing through said point bears north 26 degrees 19 minutes 30 seconds west;
Thence westerly along the arc of said curve through a central angle of 35 degrees 02 minutes 53
seconds, an arc length of 110.11 feet;
Thence north 81 degrees 16 minutes 37 seconds west, a distance of 74.85 feet to the beginning of
a tangent curve being concave northeasterly, having a radius of 50.00 feet:
I -.ce northwesterly along the arc of said curve through a central angle of 49 degrees 36 minutes
4%weconds, an arc length of 43.29 feet to a point of reverse curve being concave southeasterly,
having a radius of 40.00 feet;,
Thence southwesterly along the arc of said curve through a central angle of 241 des 26
minutes 20 seconds, an arc length of 168.56 feet; gree
Thence south 03 degrees 06 minutes 15 seconds east, a distance of 234.93 feet to a point on the
easterly boundary of a parcel also described in MCR 95-32015645, Schedule A and known as the
200 Acre City of Scottsdale Parcel, LN 803;
Thence along said easterly boundary north 82 degrees 23 minutes 06 seconds west, a distance of
20.55 feet;
Thence along said easterly boundary north 53 degrees 34 minutes 26 seconds west, a distance of
232.41 feet;
Property Acquisition Parcel Town 154.00 acre.doc REA 01-09
Page 4 of 5
Thence along said easterly boundary north 00 degrees 21 minutes 50 seconds east, a distance of
315.01 feet;
Thence along said easterly boundary north 66 degrees 28 minutes 30 seconds west. a distance of
345.74 feet:
Thence along said easterly boundary north 00 degrees 57 minutes 06 seconds east, a distance of
301.04 feet;
Thence along said easterly boundary south 86 degrees 41 minutes 21 seconds east, a distance of
121.20 feet;
Thence along said easterly boundary, south 52 degrees 52 minutes 09 seconds east, a distance of
439.00 feet;
Thence departing the easterly boundary of said City of Scottsdale Parcel LN 803, south 86 degrees
34 minutes 01 seconds east, a distance of 277.22 feet-,
Thence north 74 degrees 49 minutes 07 seconds east, a distance of 706.19 feet:
Thence south 65 degrees 10 minutes 51 seconds east, a distance of 1509.46 feet:
Thence north 15 degrees 00 minutes 00 seconds east, a distance of 700.00 feet;
Thence north 34 degrees 50 minutes 47 seconds east, a distance of 699.99 feet;
Thence north 32 degrees 19 minutes 38 seconds east, a distance of 681.81 feet, said line passing
through the north line of said Section 7;
Thence north 07 degrees 52 minutes 31 seconds west, a distance of 464.73 feet:
Thence north 52 degrees 03 minutes 20 seconds west, a distance of 553.90 feet;
Thence north 32 degrees 00 minutes 00 seconds west, a distance of 3455.55 feet;
Thence north 90 degrees 00 minutes 00 seconds west, a distance of 905.94 feet;
Thence north 00 degrees 00 minutes 00 seconds east, a distance of 400.00 feet;
Thence north 90 degrees 00 minutes 00 seconds east, a distance of 239.83 feet;
Thence north 18 degrees 45 minutes 07 seconds west, a distance of 601.39 feet;
Thence north 52 degrees 28 minutes 39 seconds east, a distance of 639.96 feet to the TRUE
POINT OF BEGINNING.
This parcel contains an area of 154.00 acres more or less.
16y�l5 c:�
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Property Acquisition Parcel Town 154.00 acre.doc REA 01-09 Page 5 of 5
TOWN OF FOUNTAIN HILLS
PROPERTY ACQUISITION PARCEL REA 01-09
PART OF SECTION 6 AND 7, T. 3 N., R. 6 E.
36 31 McDOWELL MOUNTAIN PARK 31
N89'53'17'E - 2598,95'
--L'
1 6 6
I
�w
1
L72
PROPOSED NORTH PEAK
L70 SUBDIVISION PLAT
PROPOSED WATER NOTE:
RESERVOIR SITE 1. AREAS OF THIS PARCEL WILL BE UTILIZED F70R
TRAIL, FIRE/EMERGENCY VEHICLE ACCESS ROADWAY,
WATER RESERVOIRS, UTILITY EASEMENTS. AND
OTHER PUBLIC RECREATION, TRAILHEAD AND
�o SIMILIAR USES. LOCATIONS AND EASEMENTS
I WILL BE DESIGNATED IN THE FUTURE.
PROPOSED MPC
200 ACRE PARCEL
1 16
N8955'42'E-2516.99'
12 7 OWNER:
CITY OF SCOTTSDALE
200 ACRE PARCEL
MCR 9532015645
LN 803
I
I
IT.L PSEROPOSED WATER
,RERVOIR SITE
1
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NWN
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TOWN PARCEL -154ACRE
® APPROXIMATE AREA TO BE
ACQUIRED (154.00 ACRES)
6 ZS
7
OWNER:
TOWN PRESERVATION
LN 911
MCR 98-0643985
PROPOSED MPC
200 ACRE PARCEL
2. THIS PARCEL IS PROPOSED AND BASED ON THE
RECORD BEARINGS AND DISTANCES ON THE ADJACENT
PARCELS AND SUBDIVISIONS AND IS NOT THE
RESULT OF A FIELD SURVEY.
N89'57'26"E 6 5
1332.98'
N89'S7'26"E-1009.06' 7 8
PROPOSED FIRE/EMERGENCY
VEHICLE ACCESS ROADWAY
AND UTILITY EASEMENT
OWNER:
TOWN OF FOUNTAIN HILLS
PREION PARCEL
280SACRE TPARCEL,
LN 962
MCR 98-0643985
/V
IC
/O PROPOSED SIENNA CANYO�N
MO[TN SUBDIVISION PLAT
SCALE: 1-s 12W DATE: 12-10.2001 SHEET 1 OF 2
l � D LAND SG
�10F ICATE 'PL
16545 do A
RANDY L. j0
HARREL �I
$r
'Mad
u S
V•
L
LINE TABLE
LINE
BEARING
LENGTH
Lt
N89-53'17'E
1106.23'
L2
N89-53-17"E
167.08'
L3
S33'11'35"E
457.90'
L4
S40'01'13"W
386.14'
L5
S43'31'37"E
296.11'
L6
S63'16'29'E
533.75'
L7
S37'39'29"E
127.05'
L8
S73'01'04"W
319.64'
L9
S56'31'50"E
614.98'
L10
S27'51'40"E
551.17'
L11
S65'55'34"E
407.89'
L12
S26'25'05"W
262.57'
L13
S55'58'47"E
273.07'
L14
S50'04'44"E
101.71'
L15
S45'00'15'E
295.22'
L16
S19'53'42"W
273.06'
L17
S30'20'42"E
299.51'
L18
S65'10'04"E
198.11'
L19
S07'18'31 "E
243.51'
L20
S09'51'13"W
138.70'
L21
S37'27'36"E
446.45'
L22
S48'45'10"E
283.04'
L23
S29'28=32"W
185.35'
L24
S39-20-53"E
185.58'
L25
S00'00'04"E
114.88'
L26
S00'00'04'E
1804.33'
L27
S30'59'00"E
2160.75'
L28
N58'17'01"W
179.57'
L29
N30'59'00"W
1736.14'
L30
S59'08'54"W
394.35'
L31
N66'02'43"W
267.88'
L32
N52'48'24'W
227.70'
L33
N75'45'17"W
73.67'
L34
S44-03'01"W
265.40'
L35
S8444'21 "W
146.14'
L36
S58'32'12'W
396.00'
L37
N36'31'11"W
119.42'
L38
N46'06'32"E
252.63'
L39
S46'06'32"W
69.23'
L40
N46'40'41'W
251.52'
L41
N51'09'44"W
419.71'
L42
N66'08'45"W
497.09'
L43
N53-45'01"W
542.54'
L44
S62-36.57"W
405.10'
DATA TABLES
LINE TABLE CONT.
LINE
I BEARING
LENGTH
L45
S09-39'02"E
37.22'
L46
S80-20'58"W
25.25'
L47
S79'33'28"W
23.39'
L48
N26'05'37"W
157.37'
L49
N59'10'00"W
140.64'
L50
S60'05'20"W
119.65'
L51
S24-24.05"E
263.43'
L521
N81-16'37"W
74.85'
L53
S03-06.15"E
234.93'
L54
N82'23'06"W
20.55'
L55
N53'34'26"W
232.41'
L56
N00'21'50"E
315.01'
L57
N66'28'30"W
345.74'
L58
N00'57'06'E
301.04'
L59
S86'41'21"E
121.20'
L60
S52'52'09"E
439.00'
L61
S86'34'01 "E
277.22'
L62
N74'49'07"E
706.19'
L63
S65'10'51'E
1509.46'
L64
N15-00.00"E
700.00'
L65
N34'50'47"E
699.99'
L66
N32'19'38"E
681.81'
L67
N07'52'31"W
464.73'
L68
N52'03'20"W
553.90'
L69
N32'00'00"W
3455.55'
L70
N90'00'00"W
905.94'
L71
N00'00'00"E
400.00'
L72
N90'00'00"E
239.83'
L73
N18-45'07"W 1
601.39,
L74
N52'28'39'E
639.96'
Ep LANp SG
y� 10f ICArE �L
16545
RANDY L A
HARREL
CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
TANGENT
Cl
06"16'28"
375.00'
41.07'
20.55'
C2
35'39'33"
40.00'
24.89'
12.87'
C3
251'19'06"
40.00'
175.45'
--
C4
35'39'33"
40.00'
24.89'
12.87'
C5
25'05'43"
430.00'
188.34'
95.70'
C6
24'23'35"
180.00'
76.63'
38.91'
C7
25'11'05*
190.00
83.52'
42.44'
C8
35'02'53"
180.00'
110.11'
56.89'
C9
49'36'42"
50.00'
43.29'
23.11'
-Cl 0
241-26'20"
40.00'
168.56'
--
DATE: 12-10.2001 SHEET 2 OF 2
Exhibit "B"
PROPERTY ACQUISITION PARCEL — NIPC PARCEL 200.00 ACRE
River Base and Meridian, Maricopa County, Arizona, described as follows:
A parcel of land located in Sections 6 and 7, Township 3 North, Range 6 East of the Gila and Salt
Beginning at the northwest corner of said Section 6:
Thence along the north line of said Section 6, north 89 degrees 53 minutes 17 seconds east, a
distance of 1106.23 feet:
Thence departing said north line of said Section 6, south 52 degrees 28 minutes 39 seconds west,
a distance of 639.96 feet,
Thence south 18 degrees 45 minutes 07 seconds west, a distance of 601.39 feet:
Thence south 90 degrees 00 minutes 00 seconds west, a distance of 239.83 feet.
Thence south 00 degrees 00 minutes 00 seconds west, a distance of 400.00 feet;
Thence south 90 degrees 00 minutes 00 seconds east, a distance of 905.94 feet;
Thence south 32 degrees 00 minutes 00 seconds east, a distance of 3455.55 feet;
Thence south 52 degrees 03 minutes 20 seconds east, a distance of 553.90 feet;
Thence south 07 degrees 52 minutes 31 seconds east, a distance of 464.73 feet;
Thence south 32 degrees 19 minutes 38 seconds west, a distance of 681.81 feet, said line passing
through the south line of said Section 6;
Thence south 34 degrees 50 minutes 47 seconds west, a distance of 699.99 feet;
Thence south 15 degrees 00 minutes 00 seconds west, a distance of 700.00 feet;
Thence north 65 degrees 10 minutes 51 seconds west, a distance of 1509.46 feet;
Thence south 74 degrees 49 minutes 07 seconds west, a distance of 706.19 feet;
Thence north 86 degrees 34 minutes 01 seconds west, a distance of 277.22 feet to a point on the
easterly boundary of a parcel described in MCR 95-32015645, Schedule A and known as the 200
acre City of Scottsdale Parcel, LN 803;
16;545
RAA'r)Y L.
HARREL
l 1 J
Property Acquisition Parcel MPC 200 AC.doc
REA 01-10
Page 1 of 4
Thence along said easterly boundary north 02 degrees 26 minutes 55 seconds east, a distance of
608.56 feet,
Thence along said easterly boundary north 75 degrees 46 minutes 56 seconds east, a distance of
300.53 feet along said easterly boundary to a point on the southwesterly corner of a parcel
described in MCR 98-0643985, Exhibit E and known as the Town Preservation Parcel, LN 91 F
Thence departing the easterly boundary of said City of Scottsdale Parcel, LN 803 and along the
southerly boundary of said Town Preservation Parcel, LN 911 south 42 degrees 52 minutes 00
seconds east, a distance of 326.00 feet;
Thence along said southerly boundary north 39 degrees 00 minutes 00 seconds east, a distance of
232.00 feet;
Thence along said southerly boundary south 26 degrees 20 minutes 00 seconds east, a distance
of 148.00 feet,
Thence along said southerly boundary south 77 degrees 47 minutes 44 seconds east, a distance
Of 911.14 feet,
Thence along said southerly boundary north 59 degrees 09 minutes 00 seconds east, a distance of
291.00 feet;
Thence along said southerly boundary north 86 degrees 04 minutes 30 seconds east, a distance of
730.00 feet,
Thence along said easterly boundary north 05 degrees 07 minutes 00 seconds east, a distance of
300.00 feet;
(W
Thence along said easterly boundary north 68 degrees 53 minutes 00 seconds east, a distance of
160.00 feet;
Thence along said easterly boundary north 34 degrees 02 minutes 00 seconds east, a distance of
220.00 feet;
Thence along said easterly boundary north 21 degrees 00 minutes 00 seconds west, a distance of
200.00 feet;
Thence along said easterly boundary north 78 degrees 15 minutes 00 seconds west, a distance of
447.49 feet to a point on the common section line of said Sections 6 and 7;
Thence departing the north line of said Section 7 and continuing along the easterly boundary of
said Town Preservation Parcel, LN 911, north 43 degrees 10 minutes 00 seconds east, a distance
of 486.00 feet;
16545
RP,t,; r)Y L
r
1
Property Acquisition Parcel MPC 200 AC.doc REA 01-10 Page 2 of 4
Thence along said easterly boundan, north 87 degrees 59 minutes 00 seconds west, a distance of
904.00 feet;
(.,hence along said easterly boundary south
260.00 feet; - 81 degrees 35 minutes 00 seconds west, a distance of
Thence along said easterly boundary north 60 degrees 18 minutes 00 seconds west, a distance of
380.00 feet;
Thence along said easterly boundary north 08 degrees 30 minutes 00 seconds west, a distance of
620.00 feet;
Thence along said easterly boundary south 39 degrees 38 minutes 00 seconds west, a distance of
420.00 feet;
Thence along said easterly boundary north 72 degrees 32 minutes 00 seconds west, a distance of
184.00 feet;
Thence along said easterly boundary north 15 degrees 25 minutes 00 seconds west, a distance of
212.00 feet;
Thence along said easterly boundary south 77 degrees 12 minutes 00 seconds west, a distance of
224.00 feet;
Thence along said easterly boundary north 01 degrees 03 minutes 00 seconds east, a distance of
566.00 feet;
Thence along said easterly boundary north 76 degrees 50 minutes 00 seconds west, a distance of
IL
00 feet;
Thence along said easterly boundary north 22 degrees 11 minutes 07 seconds east, a distance of
339.94 feet;
Thence along said easterly boundary north 34 degrees 34 minutes 20 seconds west, a distance of
1022.00 feet,
Thence along said easterly boundary north 08 degrees 35 minutes 00 seconds west, a distance of
146.00 feet;
Thence along said easterly boundary north 74 degrees 14 minutes 00 seconds east, a distance of
370.00 feet;
Thence along said easterly boundary north 70 degrees 45 minutes 20 seconds west, a distance of
724.25 feet to a point on the west line of aforementioned Section 6;
Property Acquisition Parcel MPC 200 AC.doc REA 01-10
Page 3 of 4
Thence departing the easterly boundary of said Town Preservation Parcel, LN 911 and along the
ILwest line of said Section 6 north 00 degrees 05 minutes 45 seconds west, a distance of 1856.20
feet to the POINT OF BEGINNING.
This parcel contains an area of 200.00 acres more or less.
0
16545
RANDY L,
HARREL
N_A, U
Property Acquisition Parcel MPC 200 AC.doc REA Ol -10
Page 4 of 4
TOWN OF FOUNTAIN HILLS
PROPERTY ACQUISITON PARCEL REA 01-10
PART OF SECTION 6 AND 7, T. 3 N., R. 6 E.
36 1 31 MCDOWELL MOUNTAIN PARK 31
P.O.B. 'ice N89'5317'E - 2598.95'
U �
Q �
o L4
-� - PROPOSEC ' TOWN 154 ACRE'% PROPOSED NORTH PEAK
3 ` LS PARCEL
in SUBDIVISION PLAT
N �
p NOTE:
O ij P V
Z E 1. AREAS OF THIS PARCEL WILL BE UTILIZED FOR
TRAIL. FIRE/EMERGENCY VEHICLE ACCESS ROADWAY,
\ WATER RESERVOIRS, UTILITY EASEMENTS, AND
\\ OTHER PUBLIC RECREATION, TRAILHEAD AND
\ SIMILIAR USES. LOCATIONS AND EASEMENTS
I N \\ WILL BE DESIGNATED IN THE FUTURE.
1
2.THIS PARCEL IS PROP05ED AND BASED ON THE 6 ��� RECORD BEARINGS AND DISTANCES ON THE ADJACENT
i PARCELS AND SUBDIVISIONS AND IS N07 THE
RESULT OF A FIELD SURVEY.
� w
K
� I �
p I
N
(� \
31: e \
< I J 1
0 1
o )
o
z� l
I - \
N87'2 E 299
N89'55'42'E-2616.99' 6 \` 6 5
12 7 OWNER: OWNER: 7 N8957'26-E-1009.06' 7 B
CITY OF SCOTTSDALE
I TOWN PRESERVATION PARCEL, .A
200 ACRE PARCEL LN 911 J 1 PROPOSED FIRE/EMERGENCY
MCR 9532015645 MCR 98-0643985 110
LN `i , 1 AND UTILITY VEHICLE DEASE EASESS EMENT
e�
\' L23 OWNER:
e v I TOWN OF FOUNTAIN HILLS
PRESERVATION
280 ACRE PARCEL,
PARCEL,�\` 1
PROPOSED TOWN I
M 9
MCR 8-0643985
154 ACRE PARCEL 1
PROPOSED
TRAILHEAD SITE E0 LAND
tL S
\ 1 PROPOSED WATER \ �� F I CA G'Q
1 1
1 RESERVOIR SITE ��
W off' 16545 Q o
<✓i i ��\ RANDY L.
HARREL
��In PROPOSED SIENNA CANYON \
�OQof 0 SUBDIVISION PLAT \ \ S
o \
MPC PARCEL - 200 ACRE
® APPROXIMATE AREA TO RE MOI[TM
r
ACQUIRED (200.00 ACRES) SCALE. 1->• 1200' DATE' 12-10.2001 SHEET 1 OF 2 \� a
DATA TABLES
LINE TABLE
LINE
BEARING
LENGTH
L1
N89'53'17"E
1106.23'
L2
S52'28'39"W
639.96'
L3
S18-45'07"E
601.39'
L4
S90-00.00"W
239.83'
L5
S00'00'00'W
400.00'
L6
S90'00'00"E
905.94'
L7
S32-00.00"E
3455.55'
L8
S52-03'20"E
553.90'
L9
S07-52'31 "E
464.73'
L10
S32'19'38"W
681.81'
L11
S34'50'47"W
699.99'
L12
S15'00'00'W
700.00'
L13
N65'10'51'W
1509.46'
L14
S74'49'07'W
706.19'
L15
N86'34'01 "W
277.22'
L16
NO2'26'55"E
608.56'
L17
N75'46'56'E
300.53'
L18
S42'52'00"E
326.00'
L19
N39'00'00'E
232.00'
L20
S26'20'00"E
148.00'
L21
S77'47'44"E
911.14'
L22
N59'09'00"E
291.00'
L23
N86'04'30'E
730.00'
L24
N05'07'00'E
300.00'
L25
N68'53'00"E
160.00'
L26
N34'02'00'E
220.00'
L27
N21'00'00"W
200.00'
L28
N78'15'00"W
447.49'
L29
N43'10'00'E
486.00'
L30
N87'59'00"W
904.00'
L31
S81'35'00"W
260.00'
L32
N60'18'00"W
380.00'
L33
N08'30'00"W
620.00'
L34
S39'38'00"W
420.00'
L35
N72'32'00"W
184.00'
L36
N1525'00"W
212.00'
L37
S77'12'00"W
224.00'
L38
N01'03'00'E
566.00'
L39
N76'50'00"W
167.00'
LINE TABLE CONT.
LINE
BEARING
LENGTH
L40
N22-11.07"E
339.94'
L41
N34'34'20"W
1022.00'
L42
N08'35'00"W
146.00'
L43
N74`14.00"E
310.00'
L44
N70-45.20"W 1
724.25'
L451
N00'05.45"W 1
1856.20'
(CALC)
StD LAND SL
h Q�\FICArf PLc"
16545 do 0
RANDY L. 70
HARREL
S�9ned�'
DATE: 12-10-2001 SHEET 2 OF 2
Lq
EXHIBIT "C"
RESOLUTION 2002-01
FOUNTAIN HILLS McDOWELL MOUNTAIN PRESERVE
EXISTING 386 ac FHMMP
PROPOSED 354 ac ADDITION TO THE FHMMP
CITY OF SCOTTSDALE 200 ac PRESERVE
0
NORTH
DATE: 12-28-2001
SCALE: NTS
To:
From:
Date:
Re:
. ■ ■ a
The Honorable Mayor and Common Council
Joan Blankenship, Planning Technician
January 2, 2002
Resolution 2002-01 and Ordinance 2002-01
■ a ■ a a a ■ a ■ a ■ •
Attached is the revised staff report for the above referenced documents. The Town
Code chapter number was revised from 9-4 to 9-5, however, all other information
remained the same as in the original staff report. Also, please note that the map
included in this packet has not changed, but is in black and white, rather than in color
as in the original report. Please remove the black and white map and replace it with
the original colored map.
If you have questions regarding the report, Jeff Valder will be in his office on
Thursday, January 3ra
0 Page 1
Town of Fountain Hills
Memorandum
DATE: December 28, 2001
TO: The Honorable Mayor and Common Council
FROM: Jeffrey Valder, Director of Community Development
THROUGH: William E. Farrell, Acting Town Manager
SUBJECT: Consideration of Resolution 2002-01 and discussion of Ordinance 02-01
On December 20, 2001 the Town of Fountain Hills acquired ownership of 354 acres of land in the
McDowell Mountains of Fountain Hills to culminate the Town's efforts over the past several
years to create and expand the Fountain Hills McDowell Mountain Preserve (FHMMP). These
354 acres are to be added to the Town's existing preserve, created in January 1999, that now
totals 386 acres. Resolution 2002-01 will formally add the 354 acres acquired on December 20,
2001 to the F IMMP. If Resolution 2002-01 is adopted, the FHMMP will total 740 acres. If you
include the 200-acre parcel owned by the City of Scottsdale southwest of the newly acquired
land, there will be 940 acres of land, just within the northwestern corner of the Town of Fountain
Hills, that will be preserved for this and future generations.
Staff recommends that the Town Council approve Resolution 2002-01.
Over the past two months the McDowell Mountain Preservation Commission (MMPC) has
worked to develop a set of rules and regulations for the FHMMP. The MMPC met several times
to discuss their vision and prepared a draft ordinance, intended for inclusion in The Fountain
Hills Town Code, that establishes these regulations. The Commission reviewed draft regulations
under consideration in Scottsdale, and Ordinance 02-01 represents the desire and vision of the
MMPC for the FHMMP.
Staff wanted the Town Council to have some time to review these regulations before the Council
acted on Ordinance 02-01, so there will be a discussion item on the Council's January 3, 2002
agenda. Staff will be agendize Ordinance 02-01 for Council consideration at the Council's
January 17, 2002 meeting. Staff and members of the MMPC will be present at the January 3,
2002 Town Council meeting to respond to questions.
TOWN OF FOUNTAIN HILLS
ORDINANCE #02-01
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING
CHAPTER 9 BY ADDING A NEW ARTICLE 9-5 OF THE
FOUNTAIN HILLS TOWN CODE, TO ADOPT RULES AND
REGULATIONS FOR THE FOUNTAIN HILLS MCDOWELL
MOUNTAIN PRESERVE.
WHEREAS, The Town of Fountain Hills adopted Ordinance #90-8, on June 28, 1990, which adopted
The Code of the Town of Fountain Hills, Arizona, and
WHEREAS, The Town of Fountain Hills has made subsequent amendments to the Fountain Hills Town
Code, and
WHEREAS, The Fountain Hills McDowell Mountain Preserve ("the Preserve") encompasses a scenic
area of mountainous, pristine land within Fountain Hills that will be preserved in its natural
state for the benefit of this and future generations, and
WHEREAS, In order for the Town to achieve tandem goals of providing trails and a trailhead locations
to facilitate public access into the Preserve and to safeguard the Preserve for this and future
generations, a thorough set of Preserve, trailhead and trails regulations are needed, and
WHEREAS, The Town of Fountain Hills has written a new Article 9-5 of the Fountain Hills Town Code
to that will adopt rules and regulations for the Fountain Hills McDowell Mountain Preserve
that are specifically intended to accomplish the following: Maintain the existing
undisturbed, desert environment of the Preserve; provide for Preserve use regulations that
will maintain wildlife habitat and limit human encroachment to specific areas within the
Preserve; provide use regulations for the Central Trailhead that will provide the majority of
public access into the Preserve; provide use regulations for the Golden Eagle Trailhead,
including access control into the Preserve through McDowell Mountain Park; and provide
for the development of a trail system within the Preserve and connectivity to abutting trail
systems in the City of Scottsdale and within McDowell Mountain Park.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS:
Section 1. That Chapter 9, PARKS AND RECREATION, of the Fountain Hills Town Code is
hereby amended to add a new Article 9-5 as shown below. New language is shown as
being double-unrlart;neri and language to be deleted is shown as being crossedon.
Ordinance 02-01
Page 1 of 5
9-5-1
9-5-2 Definitions
9-5-3 preserve Regulations
9-5-4 o Re relations
9-5-5 Golden Faule Trailhead R o ilatinng
9-5-6 T ailhr_hear1 and Trail Deyel moment
9-5-7 Ceve
• u . . .PIM. .. - ... . . ►I I 1l•
T&M ME I-Irm-MIN I all &W"Q1110*1
IMM-1 as
.-.. ..-.. WIN! •. . .•r •. • ..
Ordinance 02-01
Page 2 of 5
E.
TA
F.•
1
Pe -writ"
.'----TOTM71ff%mt.1wa1.1.r1-_••-_—S._•I_1�.,„W 7-219 -•------
MEN
A. Aeressina the Preserve by leavinu a trail or trailhead All Preserve vicitpr"h1&stay=O
m
• - - . 1 - 1 • . - • 1 - . • . 1 • • • . -
=---- -'•f—1 -- --- --- �----' -- --- ------------------- --!
• 1 • 1 - . • • • - • . . 1 - r - 1 ' m�
Ordinance 02-01
Page 3 of 5
I:�
Ordinance 02-01
Page 4 of 5
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona, this 17`h day of January, 2002.
FOR THE TOWN OF FOUNTAIN HILLS:
Sharon Morgan, Mayor
REVIEWED BY:
William E. Farrell, Acting Town Manager
ATTESTED TO:
Cassie B. Hansen, Town Clerk
APPROVED AS TO FORM:
William E. Farrell, Town Attorney
Ordinance 02-01
Page 5 of 5
o���AIN
o �
a Ill o
_a
�• Es,: 1919
that is
TO:
THROUGH:
FROM:
SUBJECT:
DATE:
TOWN of FOUNTAIN HILLS
Community Development Department
MEMORANDUM
The Honorable Mayor and Town Council
William E. Farrell, Acting Town Manager
Dana Burkhardt, Senior Planner -
Case # SU2001-16; Special Use Permit for an outdoor dining area and
alcoholic beverage sales and dispensing in a "C-1" Zoning District.
December 28, 2001
This is a special use request by Pei Wei Asian Diner and Fanchen Development for an outdoor
dining area and alcoholic beverage sales and dispensing in a "C-1" Neighborhood Commercial and
Professional Zoning District. Staff is not aware of any opposition to this special use request. At the
December 13`h, 2001, Planning and Zoning Commission meeting, the Commission unanimously
recommended that the Town Council approve this request. Please refer to the attached staff report
for further details regarding this request. If you have any questions, 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
JANUARY 3R, 2002
CASE NO: SU2001-16
LOCATION: 14835 Shea Blvd; northeast corner of Shea Blvd and Eagle Mountian Parkway; aka.
Eagle Mountain Village Market Place.
REQUEST: Consideration of a Special Use Permit that would allow outdoor seating and
alcoholic beverage sales and dispensing in the northern most tenant space of "Shops
A".
DESCRIPTION:
APPLICANT: Matt Clark
OWNER: Pei Wei Asian Diner
EXISTING ZONING: "C-1" Neighborhood Commercial and Professional Zoning
District
EXISTING CONDITION: Under Construction
UNIT SIZE: 3,450 sq. ft. suite
SURROUNDING LAND USES AND ZONING:
NORTH: Shea Blvd and Crestview Subdivision; zoned "R1-43 & M-1"
SOUTH: Eagle Mountain Golf Course; zoned "OSR".
EAST: Eagle Mountain G. C. Driving Range; zoned "OSR".
WEST: Eagle Mountain Golf Course; zoned "OSR".
SUMMARY:
This request is for approval of a Special Use Permit that would allow outdoor seating and
alcoholic beverages to be dispensed and consumed on the premises of the future Pei Wei Asian
Diner. This restaurant is proposed to be located at 14835 E. Shea Blvd, the end tenant space of
"Shops A" at the Eagle Mountain Village Market. Pursuant to Section 12.04(A) of the Town of
Fountain Hills Zoning Ordinance, outdoor seating areas and alcoholic beverage sales and
dispensing are permitted in the "C-1" Neighborhood Commercial and Professional Zoning
District with an approved Special Use Permit. The following is an excerpt from Chapter 2,
Section 2.02 of the Town of Fountain Hills Zoning Ordinance, which establishes the procedures
for Special Use Permits:
CODE REQUIREMENTS:
CHAPTER 2
PROCEDURES
2.02 Special Use Permits.
A. Purpose. Every zoning district contains certain buildings, structures and uses of
land which are normal and complementary to permitted uses in the district, but
which, by reason of their typical physical or operational characteristics, influence on
the traffic function of adjoining streets, or similar conditions, are often incompatible
with adjacent activities and uses. It is the intent of this ordinance to permit special
uses in appropriate zoning districts, but only in specific locations within such
districts that can be designed and developed in a manner which assures maximum
compatibility with adjoining uses. It is the purpose of this section to establish
principles and procedures essential to proper guidance and control of such uses.
B. General Regulations.
1. Zoning district regulations established elsewhere in this ordinance specify
that certain buildings, structures and uses of land may be allowed by the
Town Council as conditional uses in a given district subject to the provisions
of this section and to requirements set forth in district regulations. The
Town Council is empowered to grant and to deny applications for use
permits and to impose reasonable conditions upon them.
2. Any building, structure or use existing on the effective date of this ordinance
which is reclassified as a special use by this ordinance for the district in
which it is located shall be considered as meeting the conditions which
would otherwise be imposed upon such use by this ordinance, and its
continuance shall not be subject to issuance of a special use permit;
provided, however, to the extent that such use fails to conform to the
requirements of this ordinance, it shall be considered nonconforming as
described in section 4.01, and its continuance shall be governed by all
nonconforming use regulations applicable thereto.
3. Every special use permit issued shall be applicable only to the specific use
and to the specific property for which it is issued. Upon completion and
final inspection by the Zoning Administrator of any authorized structures,
signifying that all zoning and site development requirements imposed in
connection with the permit have been satisfied, the special use permit shall
thereafter be transferable and shall run with the land, whereupon the
maintenance of special conditions imposed by the permit, as well as the
compliance with other provisions of this ordinance, shall become the
responsibility of the property owner.
C. Special Use Permit Application. Application for a use permit shall be filed with
the Community Development Department on a form prescribed by the Community
Development Director. The application shall be forwarded to the Planning and
Zoning Commission by the Zoning Administrator, and when required by the Zoning
Administrator, shall be accompanied by a detailed site plan prepared in accordance
with Section 2.04 showing all information necessary to demonstrate that the
proposed use will comply with all special conditions as well as other regulations and
requirements of this ordinance. An applicant shall furnish the Commission with any
additional information it may consider relevant to investigation of the case.
D. Commission Action and Findings.
1. It is the express intent of this ordinance that any use for which a special use
permit is required shall be permitted in the particular zoning district,
provided that all special conditions and requirements of this ordinance are
met. Therefore, the action of the Commission shall be one of
recommending approval or denial to the Town Council based upon its
judgment as to whether the specified conditions have been or will be met.
The Commission shall consider not only the nature of the use and the special
conditions influencing its location in the particular district, but also the
proposed location of buildings, parking and other facilities within the site,
the amount of traffic likely to be generated and how it will be
accommodated, and the influence that such factors are likely to exert on
adjoining properties. The Commission may make such suggestions to the
Town Council concerning ways a proposed project may be acceptable and
compatible to the area.
2. Notice of the nature of the special use permit application and the date of the
meeting at which it will be considered shall be posted on the property and
shall be mailed to the owners of all real property within three hundred (300)
feet of the external boundaries of the property for which application is made.
The applicant shall be responsible for providing the names and addresses of
these owners.
*' 3. The Commission shall consider the application at the first regular meeting
after the proper advertising procedures and period have been completed.
The Commission, at this regularly scheduled meeting, shall either (1) make a
recommendation to the Town Council, or continue the matter to a specified
date (but not longer than sixty (60) days from the date of the original
hearing). Within sixty (60) days after the date of the original hearing, the
Commission shall render its decision in the form of a written
recommendation to the Council. The recommendation shall include the
rationale for the recommendation. However, if the Commission is not able
to make a recommendation to the Council at the continued meeting and the
applicant does not consent to a further continuance, the matter shall be
automatically forwarded to the Council with a recommendation for denial
4. It shall be the responsibility of the applicant to maintain the posting. The
notice shall set forth the time and place of the hearing and include a general
explanation of the matter to be considered and a general description of the
area affected.
5. In order to recommend approval of any use permit, the findings of the
Commission must be that the establishment, maintenance, or operation of
the use or building applied for will not be detrimental to the public health,
safety, peace, comfort, and general welfare of persons residing or working in
the neighborhood of such proposed use, nor shall it be detrimental or
injurious to property and improvements in the neighborhood or to the
general welfare of the town.
6. The Commission may recommend to the Town Council such conditions in
connection with the use permit as it deems appropriate to secure the intent
and purposes of this ordinance and may recommend such guarantees and
evidence that such conditions are being or will be followed.
7. If the Commission finds that the application and supporting data do not
indicate that all applicable conditions and requirements of this ordinance
will be met, it may recommend denial of the special use permit. The
Commission recommendation shall be mailed to the applicant at the address
shown on the application.
8. Upon conclusion of the Commission's hearing, the Commission's
recommendation shall be forwarded to the Town Council along with the
application materials, staff report, written comments from the public, and
minutes of the hearing.
E. Council Action and Findings.
1. When the Town Council receives a recommendation from the Planning and
Zoning Commission concerning a Special Use Permit application, it shall
hear the request at the scheduled date and time specified in accordance to the
Arizona Open Meeting Law, but no later than the next regularly scheduled
meeting held at least eight (8) days after the Commission recommendation is
received. The Council may adopt the Commission's recommendation,
approve the Special Use Permit request with the conditions it deems
appropriate, or deny the Special Use Permit.
2. The Council's decision shall be final and shall become effective
immediately. Notice of the decision shall forthwith be mailed to the
applicant at the address shown in the application.
*3 F. Time Limits.
1. The Council may establish a time limitation for special use permits. A
building permit for the construction of any improvements allowed by any
special use permit issued by the Town Council shall be secured within six
(6) months from the date of approval. Any lapsing of the building permit
prior to completion of the improvements will cause the Special Use Permit
to become null and void. Prior to the termination of this time limit, the
applicant may make a written request to the Town Council and the Council
may reconsider said use permit to determine if the permit should be reissued
for an additional time period or be terminated. There shall be no use permit
fee for this extension request.
2. No person shall reapply for the same or substantially the same use permit on
the same or substantially the same plot, lot, or parcel of land within a period
of one (1) year from the date of denial of said use permit.
G. Revocation.
1. Special use permits granted in accordance with the provisions of this
ordinance may be revoked by the Town Council, if any of the conditions or
terms of the permit are violated or if any law or ordinance is violated in
connection therewith. The Zoning Administrator shall notify the permittee
of a violation of a special use permit, in writing. If the violation is not
remedied or the remedy is not substantially begun in the opinion of the
Zoning Administrator within ten (10) days after notification, the
owner/tenant should be notified that the Town Council will consider
revocation of the permit at its next meeting.
2. Any special use permit issued by the Town Council shall be considered null
and void if construction does not conform to the originally approved site
plan. Any requests for deviations from the originally approved site plan
shall be processed as a new use permit.
H. Fee. The application for a special use permit shall be accompanied by a filing fee in
an amount established by a schedule adopted by resolution of the Council and filed
in the office of the Town Clerk. No part of the filing fee shall be refundable.
Payment of the filing fee shall be waived when the petitioner is the town, county,
school district, state or federal government.
EVALUATION:
Staff has not received any letters either in protest or in support of this special use request. The
proposed location will not be visible by the Eagle Mountain or the Crestview residential
communities. The proposed restaurant will have a small outdoor seating area located on the west
side of the tenant space adjacent to the building entrance. Staff does not foresee any adverse
impacts of this special use request. On December 13th, 2001, the Planning and Zoning Commission
unanimously recommended that Town Council approve this special use request.
RECOMMENDATION:
Staff and the Planning and Zoning Commission recommend approval of SU2001-16, a Special
Use request to permit an outdoor seating area and alcoholic beverage sales and dispensing facility
as proposed by Pei Wei Asian Diner.
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FROM FANCHER DEVELOPME
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SERVICES PHONE NO. : 7142592• Oct. 16 2001 10:30AN
TOWN OF FOUNTAIN HILLS
COMMUNITY DEVELOPMENT DEPARTMENT
Date Filed ) I
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Fee Paid / Lf0
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Accepted By
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Type of Special Use Requested
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Address of Subject Property
Zoning
Legal Description: Plat Block Lot(s)
Applicant
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Subscribed sworn before me this day of
My Commission Expires
—/-Notary0iblic
N YPUBLIC-
STATE OF ARIZONA
MericoPa County
LIP
JENN R. FARLEY
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Submittal Requirements (attach additional sheets):
1. Mailing labels (2 sets) with names and addresses of all property owners within 300 feet of the external
boundaries of the subject property and a map showing the 300 foot radius from which the names and
addresses were derived.
2. 15 full size folded prints (preferably 24"X36") of the site plan showing minimum zoning requirements and
the proposed development if the Special Use Permit is granted, as well as the exterior elevations.
3. 1 8.5" X 11" photostatic reduction of each of the above referenced exhibits.
4. Describe the proposed use, the operations of the use, and the facilities proposed for the land use.
5. A narrative describing any adverse impact the proposed land use may have on the surrounding
properties and on the neighborhood and what steps will be taken to avoid these adverse impacts.
TFH Case Number
Fee Schedule Attached
5 Lt CMG) — (�
Project Description
Pei Wei Asian Diner
Eagle Mountain Village Marketplace
Project Description:
The proposed project entails a 2,908 square foot tenant improvement for a
new Pei Wei Asian Diner restaurant with incidental take-out service, an
outdoor dining patio of approximately 500 square feet, and alcoholic
beverage sales, limited to beer and wine only, for on -site consumption. The
concept of Pei Wei Asian Diner is casual dining of asian dishes freshly
prepared to order. The project will be located within a 9.3 acre commercial
center development and will occupy one space within an inline building.
Adverse Impact Narrative:
The proposed project will not adversely affect nor be materially detrimental
to any adjacent uses, residences, buildings, structures or natural resources, in
that the proposed project is in a large commercial shopping center. The
shopping center improvements and the shell building designed by the
Landlord are sufficient for the proposed restaurant use. The site has more
than sufficient parking, setbacks, landscaping, etc. for the proposed
restaurant and has already been approved. There are no environmental
impacts anticipated for the proposed project.
'TOWN OF FOUNTp4
Oci 24 2001
Common
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Town of FOUNTAIN HILLS
- ab Engineering Department
MEMORANDUM
TO: Honorable Mayor and Town Council
FROM: Art Candelaria, Civil Engineer
REVIEWED: Randy Harrel, Town Engineer I
THROUGH: William E. Farrell, Acting Town Manager
DATE: December 14, 2001
RE: Grant of Public Utility Easement EAA01-04
16940 E. Colony Drive
Plat 205, Block 1, Lot 5
Finishing Touch Auto Body
Glen Roberts
The property owner, Glen Roberts has granted a Public Utility Easement on Lot 5, Block 1,
Plat 205, as described in Exhibit A and depicted in Exhibit B attached. The 13' wide by 20'
deep public utility easement is for the existing Salt River Project transformer at the rear of
the property.
In accordance with our previous practice, no Council action is required. This memo is
merely to advise the Council that the above public utility easement has been granted
and acquired, and will be recorded by staff.
cc: Salt River Project
Glenn Roberts - Finishing Touch Auto Body
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EAA01-04 Staff Memo Grant of PUE 16940 E. Colony Drive (Finishing Touch Auto Body Plat 205, Blk 205, Lot 5
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:
Town Engineer
Town of Fountain Hills
P.O. Box 17958
Fountain Hills, AZ 85269
GRANT OF EASEMENT
Glen Roberts grantor, for good and valuable consideration, hereby grants to the
Town of Fountain Hills, Arizona, grantee, a municipal corporation, its successors
and assigns, and to public utilities, a perpetual easement for the following
purposes, namely:
A 13' wide by 20' deep public utility easement for the existing Salt River Project
transformer at the rear of the property within Plat 205, Blockl, Lot 5.
on, over, under and across the ground embraced within the aforementioned plat
as described in Exhibit "A" and as depicted in Exhibit "B", situated in the Town
of Fountain Hills, State of Arizona.
Grantor covenants that grantor is lawfully seized and possessed of this
aforementioned tract or parcel of land; that grantor has good and lawful right to
sell and convey it; and that grantor will warrant the title and quiet possession
thereto against the claim of any person whatsoever.
Dated this /3 day of
LOW
STATE OF ARIZONA )
) ss.
County of Maricopa )
, 2001.
SUBSCRIBED AND SWORN TO BE before me this day of.
2001, by _l UX to
My Commission Expires:
he,4 I R,,.W4-
JANICE E. BAXTER
Notary Public - sty of Aft—
MARICOPA COUNTY
My M. g*rss Nw.1•, 2004
EXHIBIT "A"
That part of Lot 5, Block 1, Fountain Hills, Arizona Final Plat No. 205, according to the
recorded plat thereof, that is intersected by the two lines described as the north 13.00 feet
and the west 20.00 feet of said lot.
54 a- / P ',
LOT
EXHIBIT "B"
_
SS1'04 ,)w
COLONY OR• "
/I A"
e in feet
30 60 90
N
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'919S7 4 _ — — Engineers • Surveyors
MARUN D _ I
IARSENILI
�\ Hansen Thorp Pellinen Olson Inc.
u�F,• r 1 16743 E. Palisades Blvd. Suite 203
Fountain Hills. AZ 85268
PAGE2 OF 2 ' (480) 836-0535 FAX (480) 836-0575