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HomeMy WebLinkAbout2002.1121.TCREM.PacketCouncilman Rick Melendez Vice Mayor Leesa Fraverd Councilman Mike Archambault NOTICE OF REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Jon Beydler Councilwoman Kathy Nicola Councilman John Kavanagh Councilwoman Susan Ralphe WHEN: THURSDAY, NOVEMBER 219 2002 TIME: 5:00 P.M. EXECUTIVE SESSION 6:30 P.M. REGULAR SESSION WHERE: TOWN HALL COUNCIL CHAMBERS 16836 EAST PALISADES BOULEVARD, BUILDING B (Executive Session will be held in the Building A Teleconference Room) RULES FOR ADDRESSING THE COUNCIL — ADOPTED 1118190 g lease adhere to Ie Council's desire to hear public comment on agenda items. As it is important to maintain order duringthe meetin , p 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. presentations should see the Town Clerk prior to the meeting. 7.) Persons or groups wishing to make longer CALL TO ORDER AND ROLL CALL — Mayor Beydler 1.) Pursuant to A.R.S. §38-431.03.A.4. AND A.R.S. §38-431.03.A.1, VOTE TO GO INTO EXECUTIVE SESSION FOR: Discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation, specifically settlement in the Hoffman/Robinson vs. Town, et al litigation and Brown and Bain vs. Town; AND discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any public body, except that with the exception of salary discussions, an officer, appointee or employee may demand that such discussion or consideration occur at a public meeting. The public body must provide the officer, appointee or employee with such personal notice of the executive session as is appropriate but not less than 24 hours for the officer, appointee or employee to determine whether such discussion or consideration should occur at a public meeting. (The Council will conduct an evaluation of the manager's employment.). 2.) RETURN TO REGULAR SESSION e 1 of 3 Last printed 11/20/02 2:04 PM EAAGENDAS\REGULAR\2002\Regu1ar Session 11-21-02.doc Pa g CALL TO ORDER AND PLEDGE TO THE FLAG — Mayor Beydler INVOCATION — Councilwoman Susan Ralphe ROLL CALL S .. 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 be separate ms unless a recommended staff stipulationserothe lic so requests. If a Cou ciotherwise stated. There lmlemberoor member of the (on public wishes f these to discuss an Councilmember or member oft p 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. *6.) 7.) 8.) 9.) 10. Consideration of APPROVING THE MEETING MINUTES of October 29 and November 7, 2002. Consideration of a LIQUOR LICENSE APPLICATION for D6ja Vu Terrace Caf6 to be located at 14815 East Shea Boulevard. The application is for a transfer of a Class #7 Beer and Wine license. Consideration of the SPECIAL EVENT LIQUOR LICENSE APPLICATIONS submitted by Kenneth Bowman for the American Legion Post 58 located at 16837 East Parkview Avenue. The licenses will be used for fund raising events scheduled for Saturday, December ec m 9 r m , ?ot 1 00 a.m. December 14, 2002 from 9:00 a.m. to 10:00 p.m. and Tuesday, December an Cruikshank Consideration of the SPECIAL EVENT RL eQ LIQUOR LICENSE Society/River of T me Museum oubmitted by lcated at 12901 for the Fountain Hills and Lower VerdeY North La Montana Drive. The license will be used for a donor reception and fund raising event scheduled for Sunday, November 24, 2002 from 5:00 p.m. to 7:30 p.m. The La ntana Consideration of the -FINAL PLAT °Repoat of ated atF16726 Enal l La Montana Dr.; aka. La Montana Condominiums", a 15 unit condominiumproject, Crossings Condominiums, Case #S2002-48. Consideration of a PRELIMINARY d AIKA Pla A103PLAT Block for 1, Lot 6, Case the 45-unit Fiesta Casita Number S2002-47o�niums, located at 16354 Palisades Boulevard, PRESENTATION OF CERTIFICATES 0 n hPPTownIof Fontamnine Hills Adopt A-Streerganizations tP Program sincethat 1997 been actively and continuously participating Coldwell Banker Desert Sunrise, Cub Scouts Webelos Pack #243, Aquatics Unlimited Swim School, Mike's Tire and Auto, Bercel Builders, Four Peaks Rotary Club, Sunset Kiwanis, Church of Jesus Christ of Latter Day Saints, and Stephens Realty. USTICE GRANT for additional officers for the Town of Consideration of a U.S. DEPARTMENT OF J Fountain Hills. 11 sal Consideration of the FINAL PLAT aORrEAGG o f EOUNTAIN agl Mounter n Parcel, 0//11 subdivision into twoolotstore- The subdivide 4.34± acres of land known property is located north of Mira Vista fDr ilbetween Octoberl3ridge Council Trail meednPalisades Novoemberd1, he applicant S2001-27. (This item was continued requested that the item be continued to November 21, 2002.) certain pub lic Consideration of RESOLUTION 2002-46abandoning 208 between title, or interest in portions of Parcel 1 and Parcel 8 as recorded n Book 144, rights -of -way located within Fountain Hll Final Plat Page 4 of the records of the Maricopa County Recorder which have been found to be no longer necessary. 1.) PUBLIC HEARING on ORDINANE 0 he Grading2-16 lStandards ng e n all zoning districts ection for fie afetyc lea ring and for the Town of Fountain Hills to clarify grading. Case Number Z2002-09. Pa e 2 of 3 Last printed 11/20/02 2:04 PM 002Ute lar Session 11-21-02.doc g EAAGENDAS\REGULAR�2Su 12.) Consideration of ORDINANCE 02-16 amending Chapter 5, Section 5.11.11.1 of The Zoning Ordinance for the Town of Fountain Hills to clarify the Grading Standards in all zoning districts for fire safety clearing and grading. Case Number Z2002-09. ' `13.) PUBLIC HEARING on a Special Use Permit application for "Nextel Communications" to allow a wireless communication facility consisting of an equipment room within an existing motel and a two new chimney -style structures containing stealth antennas at The Comfort Inn. Case Number SU2002-08. 14.) Consideration of a SPECIAL USE PERMIT for "Nextel Communications" to allow a wireless communication facility consisting of an equipment room within an existing motel and a two new chimney -style structures containing stealth antennas at The Comfort Inn. Case Number SU2002-08. 15.) PUBLIC HEARING on a SPECIAL USE PERMIT application for a 77-unit multi -family residential development in a "C-2" Intermediate Commercial Zoning District, known as "The Villas Del Cielo", located in Town Center II, Lots 2, 3, and 4, southwest of Avenue of the Fountains, west of the Post Office, north of El Lago Boulevard, and southeast of Avenida Vida Buena, Case Number SU2002-02. 16.) Consideration of a SPECIAL USE PERMIT application for a 77-unit multi -family residential development in a "C-2" Intermediate Commercial Zoning District, known as "The Villas Del Cielo", located in Town Center II, Lots 2, 3, and 4, southwest of Avenue of the Fountains, west of the Post Office, north of El Lago Boulevard, and southeast of Avenida Vida Buena, Case Number SU2002-02. 17.) Consideration of a PRELIMINARY PLAT for "The Villas Del Cielo", a 77-unit condominium project, located on Lots 2, 3, and 4 of the Town Center II Final Plat, Case Number S2002-06. 18.) Consideration of a TEMPORARY USE PERMIT to operate a home -based day care facility as a home occupation at 15214 E. Palomino Boulevard, a.k.a. Plat 604A, Block 1, Lot 9, Case Number TU2002-02. 19.) CALL TO THE PUBLIC. 20.) ADJOURNMENT. 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 ainatter be put on a future agenda. DATED this 20"' day of November, 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. E: AGENDAS\REGULAR\2002\Regular Session 11-21-02.doc Page 3 of 3 Last printed 11/20/02 2:04 PM Town of Fountain Hills Council Attendance Roll - Consent Agenda Action Meeting Date: Atteorlance Roll - Present Absent Archambault Beydler, Mayor Fraverd, Vice Mayor Kavanagh Melendez Nicola Ralphe Agenda Item Number(s): ! --- (-,- Staff Present::<w Andrew McGuire Tim Pickering Cassie Hansen Tom Ward Jesse Drake Others: Em • • Roll Call Archambault Beydler, Mayor Fraverd, Vice M Kavanagh Melendez Nicola Aye I Nay Notes/Post Council Meeting Actions: N t L t�- O-t air.. (,-I' N Action Taken: Approved Denied e Date: Continued Date: Action Taken: Y� awe 7 (, 1, Town of Fountain Hills k A Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Administration Consent:® Regular:❑ Meeting Date: 11/21/02 Contact Person: Cassie Hansen Requesting Action:® Tyne of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: Minutes Council Priority (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ® Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:[] ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: Consideration of APPROVING THE MEETING MINUTES of October 29, 2002 and November 7, 2002. Staff Recommendation: Approve Fiscal Imgict No $ Purpose of Item and Background Information: Approve meeting minutes of October 29, 2002, and November 7, 2002. List All Attachments as Follows: Meeting minutes for October 29, 2002. The November 7, 2002 minutes will be provided to you by Monday, November 25`h. Type(s) of Presentation: none Signatures of Submitting Staff: —C Dep74 � artment Head Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) Town of Fountain Hills Town Council Agenda Action Form err► Meeting Type:; Regular Meeting Submitting Department; Admin "`dfiserit ;® Regular:❑ Meeting Date: 11/21/02 Contact Person: Hansen Tvne of Document Needina.Annroval (Check all that aDDIs ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ® Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Priority (Check-A=oioririate Areaslt ❑ Education ❑ Public Fitness ® Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: *2.) Consideration of a LIQUOR LICENSE APPLICATION for Deja Vu Terrace Cafe to be located at 14815 East Shea Boulevard. The application is for a transfer of a Class #7 Beer and Wine license. s%, Staff Recommendation: Approve Fiscal_ Impact. No Purpose of Item and Background Information To obtain Council approval for the transfer of a Class 7 Beer and Wine liquor license at a new business. The application complies with statutory and liquor license regulations and it received a favorable recommendation from the Town Marshal based on his background investigation. The impact on the number of liquor establishments in an area is minimal since it is meant primarily for salon patrons. Although a Special Use Permit is needed, staff anticipates a favorable recommendation from Planning and Zoning. It needs to be considered by the Council prior to the Special Use Permit in order to comply with the statutory sixty processing requirement. Staff will advise the Liquor Department of the pending permit when submitting the Council's recommendation. At the manager's request in an attempt to reduce paper, full applications will not be reproduced for the packets. The front page will be included for representative purposes and the full application is available for review in the clerk's office. Tvpe(s)!of Presentation: None Department Head Hansen memo; Tate memo; application front page Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS `rr.• OFFICE OF THE DIRECTOR OF ADMINISTRATION MEMO TO: Honorable Mayor Beydler and DT: November 13, 2002 Town Council TH: Tim Pickering, Town Manager F : Cassie Hansen RE: Deja vu Terrace Cafe h Director of Administration/Town Clerk mi Heidi Hake is requesting Council approval of a transfer of an existing Class #7 Beer and Wine liquor license for Deja vu Terrace Cafe to be located at 14815 East Shea Boulevard. This is a new salon that desires to provide wine for its customers. Class 7 licenses allow beer and wine bar retailers to sell and serve beer and wine, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. This is a quota license, which means there are no "new" Series 07 licenses available. It must be purchased privately. Once a Series 07 has been purchased, the buyer must apply for a transfer to have the license put in his or her name, at the same or another location. Ms. Hake is purchasing this license from Mrs. Shirley Fischer. It is currently issued to a Denny's in Scottsdale. As the new owner of the license, Ms. Hake has applied to transfer the license to the salon. Although liquor licenses are issued by the state, the Council is required to forward a local recommendation to the state within sixty days after the application is filed in the clerk's office. Administration and the Town Marshal have reviewed the application. It meets the statutory requirements for a Class 7 Beer and Wine license including the following: - Licensing Compliance: o Sales limited to beer and wine o Copy of floor plan on file with the application o Purchase of license complete o Premise posted for statutory twenty day period o No written arguments received by the clerk's office - Background Investigation: o Has applied for a local business license o No outstanding wants or warrants on the applicant o Favorable recommendation from the Town Marshal (attached) Ms. Hake has applied for the Special Use Permit that is required to sell alcohol in this zoning district. Staff would normally wait to bring the liquor license forward at the same time consideration is given to the Special Use Permit. Unfortunately, the Special Use Permit cannot make it to the Council Agenda until December 5 since the Planning and Zoning Commission will not forward an item to the Council until the Commission's minutes have been approved. The Special Use Permit is on the November 14 Planning and Zoning agenda but the minutes will not be approved until after the 11/21/02 Council meeting. Commission approval is anticipated. Staff had E:\MEMOS\COUNCIL\2002\11-21-02 Deja Vu Class Tdoc Last printed 11/13/2002 5:11 PM Page 1 of 2 1-1 to bring the application forward at the 11/21/02 meeting to comply with the statutory sixty day requirement. Staff will include the need for a Special Use Permit when forwarding the Council recommendation to the State Liquor Department. Based on statutory compliance, anticipated approval of the Special Use Permit, and a favorable recommendation from the Town Marshal, staff recommends approval. E:\MEMOS\COUNCIL\2002\11-21-02 Deja Vu Class Tdoc Last printed 11/13/2002 5:11 PM Page 2 of 2 FOUNTAIN HILLS MEMORANDUM TO: Cassie Hansen, Town Clerk FROM: Todd Tate, Interim Town Marshal �; ? DATE: October 24, 2002 SUBJECT: Liquor License Application — Deja Vu Terrace Cafe The purpose of this memorandum is to endorse the attached Liquor License Application from Ms. Heidi Hake. The application is for a transfer of a current license issued to Denny's Restaurant in Scottsdale to a new business planned at 14815 Shea Boulevard in Fountain Hills. It is my understanding that this application is scheduled for consideration by the Council at their November 7th meeting. This application represents a request for transfer of an existing Class 7 liquor license held by Mrs. Shirley Fischer. The license is currently issued to Denny's Restaurant at 10340 N. Scottsdale Road in Scottsdale and would be transferred to a proposed new business called "Deja vu Terrace Cafe" at 14815 E. Shea Boulevard in Fountain Hills. A Class 7 license allows on premise sale of beer and wine as well as a beer and wine "to go" privilege for take out purposes. A Class 7 license under state statute ARS 4-207A is a "quota" license with no new ones available in Maricopa County. Therefore, a transfer from one business to another is common with this classification. A Class 7 license is prohibited within 300 feet of a church or school. The local jurisdiction also has to decide whether or not there is a proliferation of liquor establishments in the vicinity. A review of the location indicates that there are no churches in the vicinity and the closest establishments authorized to sell liquor represent class 12 (2), class 10 (1). The primary applicant, Heidi Hake, is an Arizona resident residing at 15040 Scarlet Sky Lane unit 5 in Fountain Hills. She complies with all state regulations relating to residency. I have conducted a background check which revealed no wants or warrants. The facility itself is proposed for 14815 E. Shea Boulevard and will operate under the business name, Deja Vu Terrace Cafe. Since the facility has not been completed, an inspection was not conducted. I also found no record of a Fountain Hills business license at the time of this investigation and recommend that a business license be a condition of approval. This business, a salon which serves wine to its customers, should be unique. Based on compliance with ARS 4-207A, and with the stipulation that the applicants secure a Fountain Hills business license, I recommend approval by the Council. z:Uiquor ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 .6, (520) 628-6595 AFFIDAVIT OF POSTING Date of Posting: 10-4-02 Date of Posting Removal: 10-23-02 Applicant Name: Hake Heidi Sue Last First Middle Business Address: 14815 E. Shea Boulevard Fountain Hills 85268 Street City Zip License #• 0707025& I hereby certify that pursuant to A.R.S. 3 4-201, I posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty(20) days. Cassie B. Hansen Director of Administration/Town Clerk 42n-R37-2003 x5l.04 Print Name of City/County Official Tide Telephone # Signature 11-7-02 Date Signed Return this affidavit with your recommendation (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents. If you have any questions please call (602) 542-5141 and ask for the Licensing Division. Individuals requiring special accommodations please call (602) 542-9051 UC0119 03nW9 Form 104 Revised 1/84 (APPROVAL) -TOWN OF OF FOUNTAIN HILLS COUNTY OF MARICOPA, ARIZONA ORDER NO. At Regular of the -Town of the Application of (Regular or Sp STATE APPLICATION NO. 07070258 GIT4-TOWN NO. 100 meeting of the Fountain Hills held on the Heidi Sue Hake Town Council (Governing Body) day of'Tovember , 20 02 9 for a license to sell spirituous liquors, at the premises described in his Application No. 07070258 considered, as provided by Title 4, A.R.S., as amended. IT IS THEREFORE ORDERED that the Application of Heidi Sue Hake was be, and the same is, hereby recommended for approval, a license to sell spirituous liquors of the class, and in the manner, designated in his Application No. 07070258 by Series 7 IT IS FURTHER ORDERED that a Certified Copy of this Order be immediately transmitted to the Department of Liquor Licenses and Control, Phoenix, Arizona. €Y-TOWN CLERK/ DIRECTOR OF ADMINISTRATION DATED AT Fountain Hills, Arizona this 7th day of November 20 02 IZONA DEPARTMENT OF LIQUOR LICE & CONTROL RECEIVEDCAXI�r 800 W Wagton Sth Floor " OCT 0 3 200�40o W Congress #150 �� �'Y� Z Phoenix �lZ i85007-2934 ucson AZ 85701-1352 4W (60i� 5 2-5141 �• FOUNTAIN OODUNTl TOWN NNHHIILLS (520) 628-6595 APPLICATION FOR LIQUOR LICEN E h ) 00 Ina ca TYPE OR P ; 00 Notice: Effective Nov. 1, 1997, All Owners A ents Partners Stockholders Officers or Man ers activeh• involved in the day to av rations of the business -must attend a Department approved liquor law training course or provide proof of the last five years. See page 5 of the Liquor Licensing requirements. SECTION I This application is for a: rtten�d-Aithiin SECTION 2 Type of owners❑ INTERIM PERMIT Complete Section 5 ❑ J.T. W.R.O.S. Complete Sech( ►I Dy ❑ NEW LICENSE Complete Sections 2, 3, 4, 13, 14, 15, 16, 17 ❑ INDIVIDUAL Complete Section 19 PERSON TRANSFER (Bars & Liquor Stores ONLY) ❑ PARTNERSHIP Complete Section 6 Complete Sections 2, 3, 4, 11. 13. 15. 16. 17 Iffi LOCATION TRANSFER (Bars and Liquor Stores ONLY) t D2m, I[ I Complete Section 7 V LIMITED CO. Complete Sectiolo Complete Sections 2. 3. 4. 12, 13, 15, 16. 17 ❑ PROBATE/WILL ASSIGNMENT/DNORCE DECREE -LIABILITY ❑ CLUB Complete Section 8 ❑ GOVERNMENT Complete Sections 2, 3, 4, 9, 13, 15, 17 (fee not required) Complete Section 10 ❑ TRUST Complete Section 6 ❑ GOVERNMENT Complete Sections 2, 3, 4, 10, 13, 15, 16, 17 ❑ OTHER Explain SECTION 3 Type of license and fees: LICENSE #: (jrl �r%rSB 1. Type of License: se-rlgS 4- 2. Total fees attached: $ A PPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE. �. A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) SECTION 4 Applicant: (All applicants must complete this section) Mrs , 1 1 P� ei 1. Applicant/Agent's Name: Ms. �-�- ert one name ONLY to appear 6h licease) Last First Middle 2. Corp. /Partnership/L. L. C.: j) VU L-, L-, C (Exactly as it appears on Articles of c. or Articles of Org.) 3. Business Name: V U Te-vracc. i �. Business Address: as a uyPcarh vn me extenor of (Do not use PO Box Number) City Business Phone: ( V ) 6-go - f i aq Residence Phone: 3. Is the business located within the incorporated limits of the above city or town? OYES ❑NO e '. Mailing Address: l 4P, Is- Shea- 1 tud s , Sfe- joi fp- 6'yi t 3 City State Zip >. Enter the amount paid for a 06, 07, or 09 license: $ �� Gb . 00 (Price of License ONLY) r Zip DEPARTMENT USE ONLY Accepted by: L 11 •V Xli Y/i` 1( 1 Date: 9 :� Lic. # DM-70 '�6 Fees: ( - — _ 2(/ $/ Application Interim Permit Agent Change Club F. Prints- TOTAL no - --- - - ru l I,VAllrl/11GL1 7v vAra, A1NI! t_uccuNi6iANUES Ul I-LN RESULT IN A LONGER WAr[7NG PERIOD. YOU ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING, ErC., BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. -IC 0100 urzolw *Disabled individuals requiring special accommodation, please call (602) 542-9027. t ARIZONA DEPARTMENT OF LIQUOR ECEM & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 OCT O 3 200�,ucson AZ 85701-1352 (602) 542-5141 FOUNTAIN HILLS (520) 628-6595 TOWN CLERK APPLICATION FOR LIQUOR LICEN E i "t4_ �O TYPE OR P : n r'1 Notice: Effective Nov. 1, 1997, AN Owners, Agents, Partners, Stockholders Officers or Manayers actively ii operations of the business must attend a Department approved liquor law training course or provide proof of five years. See page 5 of the Liquor Licensing requirements. SECTION 1 This application is for a: in aPo d a within the last Po-q 10 - 4. 0.-�- zbh Ic �.3•a1 ❑ INTERIM PERMIT Complete Section 5 ❑ J.T.W.R.O.S. Complete Seclr 6 6ouru1.� ( ►1 D� ❑ NEW LICENSE Complete Sections 2, 3, 4, 13, 14, 15, 16, 17 ❑ INDIVIDUAL Complete Section 9 PERSON TRANSFER (Bars & Liquor Stores ONLY) ❑ PARTNERSHIP Complete Section 6 Complete Sections 2, 3, 4, 11, 13, 15, 16, 17 12 Ct1' Complete Section 7 11 19 LOCATION TRANSFER (Bars and Liquor Stores ONLY) 0 LIMITED -LIABILITY CO. Complete Sectio4 Complete Sections 2, 3. 4, I2, I3, IS i6. 17 ❑ CLUB Complete Section 8 ❑ PROBATE/WILL ASSIGNMENT/DIVORCE DECREE ❑ GOVERNMENT Complete Section 10 Complete Sections 2, 3, 4, 9, 13, 15, 17 (fee not required) ❑ TRUST Complete Section 6 ❑ GOVERNMENT Complete Sections 2, 3, 4, 10, 13, 15, 16, 17 ❑ OTHER Explain SECTION 3 Type of license and fees: LICENSE #: 0 076258 1. Type of License: .Serl BS -4� � 2. Total fees attached: $ APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE. A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) SECTION 4 Applicant: (All applicants must complete this section) r,,, I . Applicant/Agent's NameM: Ms-. �-� Q� e i� 1 ert one name ONLY to appear on license) Last First Middle Corp. /Partnership/L. L. C.: _ j) C-TA \AU , L.-, L-, C (Exactly as it appears on Articles of rnc. or Articles of Org.) 3. Business Name: d{elm V U Tevrcaec-. as it appears on the exterior of 4. Business Address: V SECTION 2 Type of lc, 4 T 0 N I /. N tt��,��(Do not use PO, /Box Number) City COUNTY Zip SO Business Phone: ( 76t/) c-�(o - 1 i q, l Residence Phone: ( ) al (c - %0 5 6. Is the business located within the incorporated limits of the above city or town? OYES ❑NO 7. Mailing Address: , 4 R l C. Shea- 61od , sfe- lot Fa-L�61" 1�1(3 / t� City State Zip 8. Enter the amount paid for a 06, 07, or 09 license: $ q� S� . 00 (Price of License ONLY) Accepted by: / /1 eiokj y[`i �C n Fees: ?} Application Interim Permit DEPARTMENT USE ONLY Date: -Ti (F Lic. # Q ! 1 / 0 56 J$ D Ll Agent Change Club F. Prints TOTAL r l(llCGSSiNG Al7'L►t;AIIONS IAK S AFFROXIMATELY YU DAYS, AND CIKCUNISIANCES OIL R:N KESULT 1N A LONGER WAITING PERIOD. YOU ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING, LTC., BLMRE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. LIC 0100 ua000 *Disabled individuals requiring special accommodation, please call (602) 542-9027. SECTION 7 Corporation/Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM 11LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. ❑ CORPORATION Complete questions 1, tl;t'.8L.L.C. Complete questions 1, P`6, 7 and attach copy of Articles of Org. and Operation Agreement. 1. Name of Corporation/L.L.C.: -PGSA (Exactly as it appears on cl f In . or U)f Org.) 2. Date Incorporated/Organized: - "0.— State where incorporated/Organized: 3. AZ Corporation Commission Filer No.:Date authorized to do business in AZ: 4. AZ L.L.C. File No: L-1 '0 41o4 o _3o Date authorized to do business in AZ: 5. Is Corp./L.L.C. non-profit? ❑ YESA;(O If yes, give IRS tax exempt number: 6. List all directors/officers in Corporation/L.L.C.: V o ;A.— AAA— City State Zin Last ruM- ( `f E' S`Za40 L -td s Z. 8 S"fib$' (ATI-ACH AV1A11U1VAL ZIMZZl Ir i�L� Loons+/ 7. List stockholders or controlling members owning 10% or more: _..: A..._.. A AA_--("itv St.t> 7in Last rum lob% - C Ito s g 8. If the corporation/L.L.C. is owned by another entity, attach an ownership, and director/officer/members disclosure for the parent entity. Attach additional sheets as necessary in order to disclose real people. SECTION 8 Club Applicants: EACH PERSON LISTED MUST SUBMIT A CO1,IPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. 1. Name of Club: (Exactly as it appears on Club Charter) 2. Is club non-profit? ❑ YES ❑ NO If yes, give IRS tax exempt number: 3. List officer and directors: Date Chartered: (Attach a copy of Club Charter) ('it, .Qtatr 7in Last MrsL iviwu- --__.-_____ rr A 1v 3 SECTION 9 Probate, Will Assignment or Divorce Decree of an existing Bar or Liquor Store: 1. Current Licensee's Name: (Exactly as it appears on license) Middle 2. Assignee's Name: • Last First Middle 3. License Type: License Number: Date of Last Renewal: 4. ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL, PROBATE DISTRIBUTION INSTRUMENT, OR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE TO ,THIS APPLICATION. SECTION 10 Government: (for cities, towns, or counties only) Person to administer this license: Assignee's Name: t.ast First Middle Last First Middle A SEPARATE LICENSE NIUST BE OBTAINED FOR EACH PREAHSES FROAZ WMCH SPIRITUOUS LIQUOR IS SERVED. SECTION 11 Person to Person Transfer: Questions to be completed by CURRENT LICENSEE (Bars and Liquor Stores ONLN�. I. Current Licensee's Name: Christensen Glenn ;Exactly as it appears on license) Last First s Corporation/L.L.C. Name: _ _ Denny's Inc. (Exactly as it appears on license) Current Business Name: Denny's Restaurant (Exactly as it appears on license) Entity: Agent Middle (Indiv., Agent, etc.) Current Business Address: 10390 N. Scottsdale Rd. Scottsdale Az. -5�f osg_s 3 License Type: 21 7 License Number: S. Current Mailing Address (other than business) —_209 F. Main St P-12 d Spartanburg SC 29319 Last Renewal Date: 2 Have all creditors, lien holders, interest holders, etc. been notified of this transfer? M YES ❑ NO Does the applicant intend to operate the business while this application is pending? ❑ YES N NO If yes, complete section 5, attach fee, and current license to this application. I hereby relinquish my rights to the above described license to the applicant named in this application and hereby declare that the statements made in this section are true, correct and complete. Rhonda J . Parish declare that I am the CURRENT OWNER, AGENT, CLUB MEMBER, PARTNER, (Print full name) TOCKHOLD o�I. ENSEE of the stated license. I have read this section and the contents and all statements are true, correct and complete. State of County of�%,n,� The foregoing instrum nt was aclmowledged befoiP me this (Signature of CURRENT LICENSEE)_ day of r Day of Month onth Year ly commission expires on: y COMMISSION EXPIRES OCTOBER 19, 2.11 7 % l/., - , , --/ / 'i `, . Bill of Sale OLLC IN CONSIDERATION OF THE SUM OF: 1001 SEP 26 p 3. ©® Nine Thousand Five Hundred DOLLARS lawful currency of the United States of America, and other valuable consideration, receipt of which is hereby acknowledged, the SELLER: Denny's Incorporated hereby grants, bargains, sells and transfers unto the BUYER: Shirley C. Fischer and his, her or their heirs, personal representatives, or assigns, to have and to hold forever, the following described personal property, goods or chattels: State of Arizona Series # 7 Liquor License # 07070258 FURTHERMORE, Seller warrants that he, she or they are the lawful owner of said goods and hereby certifies, under oath, that he, she or they have good right to sell the same as aforesaid, and that the above described property is free and clear of all claims, taxes, liens and other encumbrances whatsoever, EXCEPT as specified herein. Seller further agrees to warrant and defend same against the lawful claims and demands of all persons whomsoever. DATED THIS D / day of August, 2002 STATE OF SOUTH CAROLINA) ACKNOWLEDGMENT COUNTY OF Ackno e d, der oath, before me on this 01 day of August 2002 by By: Denny's Incorporated, Rhonda J. Parish Executive Vice President otary Public MY COMMISSION EXPIRES OCTORI:R 19, WX Bill of Sale OLLC IN CONSIDERATION OF THE SUM OF: 1001 SfP 26 P 3, QO NINE THOUSAND FIVE HUNDRED DOLLARS lawful currency of the United States of America, and other valuable consideration, receipt of which is hereby acknowledged, the SELLER: Shirley C. Fischer Hereby grants, bargains, sells and transfers unto the BUYER: Heidi S. Hake and her heirs, personal representatives, or assigns, to have and to hold forever, the following described personal property, goods, or chattels: State of Arizona Series #7 Liquor License # 07070258 (W Furthermore, Seller warrants that she is the lawful owner of said goods and hereby certifies, under oath, that she has the good right to sell the same as aforesaid, and that the above described property is free and clear of all claims, taxes, liens, and other encumbrances whatsoever, EXCEPT as specified herein. Seller further agrees to warrant and defend same against the lawful claims and demands of all persons whomsoever. Dated this day of September, 2002 State of Arizona, county of Maricopa Acknowledged under oath, be re mPC ?�o day of September, 2002 By: Shirley C. Fischer &i �h- Notary Public IC)r�-oa SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE. 1. Tent Business Name and Address: ctly as it appears on license) 1034 OBI S�f �d I � � $ ��3 New Business Name and Address: AfE 0�, (Do not ase PO Box Number) L_ f i 4v �/ l SYL�C� S-�e— lU License Type: [ License Number: 070 `70asn Last Renewal Date: What date do you plan to move? ���- What date do you plan to open? �a� • l 2,0 0 Z SECTION 13 Questions for all in -state applicants: Distance to nearest school: ► 116 k- Name/Address of school: [AtS l 6-N 14 (" - 4LU bpyS,-Z� (Regardless of distance) 12_ctclC) C-7 <5 Distance to nearest church: W 1115 ft. Name/Address of church: (Regardless of distance) 1 Z(1201a CL� n the: LESSEE ❑ SUBLESSEE ❑ OWNER ❑ PURCHASER (of premises) If the premises is leased give lessors name and address: CAat I tit, 44cocV 4a. Monthly rental/lease rate $ What is the penalty if the lease is not fulfilled? $_ What is the remaining length of the lease? 7 yrs. mos. r �O� - or other Oki hUSi Hess (give details - attach additional sheet if necessary) 016 What is the total business indebtedness of the applicant for this license/location excluding lease? $ d ® Q Does any one creditor represent more than 10% of that sum.? OYES .&NO If yes, list below. Total must equal 100%. Tast - First Middle % Owed Residence Address City State Zip �t5c�� f Cvr �►�r� 00 (ATTACH ADDITIONAL SHEET IF NECESSARY) What type of business will this license be used for? (BE SPECIFIC) l . 1 n e", bar C 47 e Ee 7 . Has a license, or a transfer license for the premises on this application been denied by the state within the past one (1) year? ❑ YES El NO If yes, attach explanation. 8A s any spirituous liquor manufacturer, wholesaler, or employee , have any interest in your business? DYES ❑ NO 9. Is the premises currently licensed with a liquor license? ❑ YES 2 NO if yes, give license number and licensee's name: License #/ (Exactly as it appears on license) Name 5 SECTION 14 Restaurant, or Hotel -Motel Applicants: Is there a valid restaurant or hotel -motel liquor license at the proposed location? ❑ YES ❑ NO If yes, give licensee's name: and license #: Last First Middle Dt' C Ie answer to Question 1 is YES, you may qualify for an Interim Permit operate while your application is pending; consult A.R.S. Section 4-203.01; and complete Section 5 of this application. A SEP 26 All restaurant applicants must complete a Restaurant Operation Plan (Form LIC0114) provided l tepartment of Liquor. 4. Do you understand that 40% of your annual gross revenue must be from food sales? ❑ YES ❑ NO SECTION 15 Diagram of Premises: (Blueprints not accepted, diagram must be on this form) 1. Check ALL boxes that apply to your licensed premises: ft Entrances/Exits ❑ Liquor storage areas ❑ Drive-in windows ❑ Patio enclosures ElService windows Under construction: estimated completion date Z 2. Restaurants and Hotel/Motel applicants must explicitly depict kitchen equipment and dining facilities. The diagram below is the only area where spirituous liquor is to be sold, served, consumed, dispensed, possessed, or stored. Give the square footage or outside dimensions of the licensed premises. s DO NOT INCLUDE PARKING LOTS, LIVING QUARTERS, ETC. YOU MUST NOTIFY THE DEPARTMENT OF LIQUOR OF ANY CHANGES OF BOUNDARIES, ENTRANCES, EXITS, OR SERVICE "'INDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM. 0 f '' '•: Cvn r;err>•eann 17v r xv'*rrriT£www:.wy... b'ri° r,� i I� `tl l i �j •tl f i I I£ 1 "� ' � � tir�}���zj�i��i�t r• � �`--==�1 I, ___'� - 1 t €$ A i Dj i�01e .li t'x' psi3 k ���9f 3t cy55{i�ja� z t Er3a �j oa� [ kt at t4 E t+ G' S'x SI t -. 4 4 1 t t kas a t r �" r' �j'S¢ � f14pS�� EG aF$ P$kc•t t# MjWS • tY �' 11R I�e2 E SsS$S,°zi� }t i I�SPj'tii ij } a%{^�. �t\ tgEFYYY� 39 � `:id tE„ ; ric��i itktti�e�kl2r— I ri Sul 1 9 } #.' HK t bwF{ Y i5 f Shia OSEP 26 � I� I� ,•� � I 1\ � s � t 55 � pLF#��a{Eyt.'� �saif tlY lll�_ a e s t lati s tstx� 1 1[ Pt. *"1 fli i71 EYE , d l�j `G teti gg ai .�j3tax+� 1 i {llllf 3 aaE - " tt dsa k=i:5y i Ll�ty� 1 $ F j r : xa I, ' fe pr �.. i { 5 }F } Y C I}Sk +I iSi II.A ISY } 3 i E i' B 7t"d i ___tea {I� N t Y i n gii-pgEl qp€�lykt{d<s fi 1•' C t Y r ' f xxx Z tr• t It r2E .F jy 11 S S $Fj{ y& qt[4 &(X ICkEfi �{ i t�Cyi}gf r S£iSSSf$�€i I h 3 .titFl v �&¢d# yElifr` �E + i �i _ in s ` $ i:u2nV '1c`ff44sctfra 1EnEk' E ;" ~ #, v . p,.�ry a.,,:-s ,r.. :' a • . "i x€ a h t"±tei s yH E{�Sstx3s y.. � � ` •_ • , Pj I at���'!�-ts, 5 �ag�;' s t ! Li ,C �p m I •� O i A L � Y g:; �< i'k �t€C�((�gtyfft t t C;6=' ['1 N i. �O I I_ 1..� ai• f ' i t C E, f��!{1TiYatfS^fr" a&1E i �l: io co E x fp --__ 0_�CF •' IYa {t'SEt1E tss aa1Y( r t t s co ,VIEEjSS« 'n t fi o tEkt S r' '�M{C �W 1 1, -'.';. .�>.hln I �l?t,. y F. e•l. IIt1^4 Y ( g� i 2Y d' it la b,xS? EP A t Fl�j ' § �' i� }'Si• �r t s.axt#F i '. }r({ {PMW T t�€ i E tt,s4,� $jt€m"}ift Wi t G E u r E a t5s�- Fj(i @G rl I l �1t tt Fi• 4..y i{ 1€ yy i k 4 i ES c>{i t #$ S.. f FG_i it ta$3f E i§r 1 si'�#tk #4i� ,$ T � rC � s..:���r � E{�3k��c+�i�c�i k i act�tt .� >•ES M1 _ j I I � �rr st I ar 596 4 t tss I } � q, T �i U� I' knob ' rjE.' 6 *fib.._,,. ,ieh.'� !'��'aNl VK'r:Rr,••; NA If. M nt711pt 'IWR� n s tl C II qy I� N __ �1 _,...._......._........._....,. ....... s Fa i M I v _ � SECTION 16 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. List below the exact names of all churches, schools, and spirituous liquor outlets within a one half mile radius of your proposed location. 1. PrIL, 5 3. ci✓�Ie 11�{ C 10-6 4. 5. I 10. 11. 12. 13. 14. 15. (ATTACH ADDITIONAL SHEET IF NECESSARY) SECTION 17 Signature Block: 0 A = Your business name and identify cross streets. I, 44'Of , declare that: 1) I am the APPLICANT (Agent/Club Member/Partner), making this (Print name of APPLICANTL4GENT listed in Section 4 Question 1) application; 2) I hav,94L8 the application and the contents and all statements are true, correct and complete; 3) that this application is not being made to defraud: or injure any creditor, taxing authority, regulatory authority, or transferor; 4) that no other person, firm, or corporation, exckpt as;indicated,. has an interest in the spirituous liquor license for which these statements are made; and 5) that none of the owners, partners, me�113e�r/fficers, directors or stockholders listed have been convicted of a felony in the past five (5) years. (Signature) i� VAPAIVA OM RI "''> WTAR1r/I"-MZ0M My commission expires on: -►AMUM ( 7 State of Az County of � � 0 The foregoing instrument was acknowledged before me this AtAlayof Day of Month Month Year U— of NWAR M 5. Marital Status ❑ Single ❑ Married I Divorced ❑Widowed ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-135 (602) 542-514I QUESTIONNAIRE (520) 628-6595 \p Haenuon an Local uoverntng bodies: Social Security and Birthdate Information is Confidential. This information may be give,,, local law enforcement agencies for the purpose of background chVkjgAly but must be blocked to be unreadable prior to posting or any pu Read Car�fulLy , this instrrulIr��ent is a w r ocument. T e pr printt with black ink An ertensiye tnye$ttypon of ypur bay roUn� I c�e]i. r ulcoMptete answers. could result m crunin rosecution an t$e de b ennt re n ott a t cense or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT" TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. roceas There is a $24.00 processing fee for each fingerprint card submitted Liquor License # 076 %0a S-R — Ir tR�z Q' A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) ( If the location is currently licensed) 1. Check appropriate box—, ❑Owner ®Partner ❑Stockholder ❑Member COtTicer ❑ Agent ❑ Nlanager(Only) ❑ Other (Complete Questions 1-20 & 24) Complete All Questions escenl # 14, 14a & 25) Licensee or Agent must complete # 25 for a Manager Licensee or A ent must complete # 25 2. Name: Lt — a ke � }per bA S��_ Date of Birth: f Z-�4D� 7 Lasi First Middle ('Phis Will Not Become a Part of Public Records) 3 . Social Security Number: 3q, 6q- ,2q--2-3 Drivers License #: faDo`t r �I I H r Z- State: (This Will Not Become a Part of Public Records) 4 . Place of Birth: � /� CI I USA Height: 5 �„ City State Country (not county) Residence (Home) Phone: ao Weight: NY Eyes: Ern Hair: , 6. Name.of Current or Most Recent Spouse: Date of Birth: (List all for last 5 years - Use additional sheet if necessary) Last First Middle Maiden h 7. You are a bona fide resident of what state? If Arizona, date of residency: r7- q q 8 Telephone number to contact you during business hours for any questions regarding this document. (48S 2- 0007 9. If you have been a resident less than three, r(3) months, submit a copy of driver's license or voter registration card. 10. Name of Licensed Premises: (lei Gl U V Jzh)1-0-� aj- Premises Phone: N q 4j 11. Licensed Premises Address: 14-,T1,�- 1✓ Street Address (Do not use PO Box #) 12. ist your employment or type of business during the past five (5) years, u i'V{-tcf K 4i 1 is City County Zip. if ttnemploved part of the time. list those dates_ List mnct recent tct_ FROM Month/Year TO Month/Year DESCRIBE POSITION OR BUSINESS EMPLOYER'S NANIE OR NAiVIE OF BUSINESS (Give street address, city, state & zip) CURRENT /ORKa—kyr's Zv PJ, ne- ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION Q 13. Indicate your residence address for the last five (5) vears: FROM Month/Year TO Month/Year Rent or Own RESIDENCE Street Address If rented, attach additional sheet givin" name, address and phone number of landlord City State Zip % 0 Gb CURRENT ls0 �O . SCQ h �f Z#1 • �, j g� ' . q /° oo jj�26 a).&-C"47-1 95- 1 1 1 1Insabled individuais requu m.- special accommo tions please c(6U).)542-91027 SECTION 16 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. List below the exact names of all churches, schools, and spirituous liquor outlets within a one half mile radius of your proposed location. 1. Pru 5 2 `- k44 1 a iJ �'( V 3. aSj�2 TL,1 _ cha 4. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. (ATTACH ADDITIONAL SHEET IF NECESSARY) A = Your business name and identify cross streets. SECTION 17 Signature Block: I, 0'1r,-iD[ SZu— 4111ovk,G , declare that: 1) I am the APPLICANT (Agent/Club Member/Partner), making this (Print name of APPLICANTAGENT listed in Section 4 Question 1) application; 2) I have eah the application and the contents and all statements are true, correct and complete; 3) that this application is not being made to defrau4 or injure any creditor, taxing authority, regulatory authority, or transferor; 4) that no other person, firm, or corporation, except as,indicated,. has an interest in the spirituous liquor license for which these statements are made; and 5) that none of the owners, partners, membery"officers, directors or stockholders listed have been convicted of a felony in the past five (5) years. `, .------ State of County of X The foregoing instrument was acknowledged before me this (Signature)0FF� _ ''1 / C_1 / ^ld ay of c e, �, UIDAPl A MORIN Day of Month Month Year NOTARY Pt"-APJZONA My commission expires on:3 - U4WOPA C09W • '.�Y' C+F' dh6trnM+.^v1Y1 MtA Y. s%fi r I +i `I � � II '` J(1 `Ihfw•1.wwM. �f. f 1M - � I 1` 1�1 'll jRl 1 Ft• tstai+ieat `{ �x f 1 rt > }# I tl' fii far tHlt y: { 2 f tt S 9 s �s !i t3#eM}*tt Tti} • {{ r !a} tS '.T3,f 1 xe4 ! t! •ettt--�j ' lit 4 10 T'Eyxi}4't fs c i�Fs-'x"{r 1$it+t�iis i l,i,.. ,Sfp tl x r: -FsSli s. tt3i {{c tMor 2b :Tt{{1d!`ttir�Ey}y u 2 r} r}f��tf€�s}411' +t` ),:f5 !t:{ 9E{t4l;It! i `}{ `jkilE`i 4Ylii t'1 f� i t• ..: IStI � v ru--- i� t s sllEigs1yy:L{} ! v'. Y • \atr.` i. `a. :� •t . '1 " >.i 4 -.T xi sty f-s!S iit ii� i t� . `' • ;I N O V i iS tti '` :s{'{ ;}+ii H° 'C° t --t° O •Q ,y5 �; d t F t a i4 i is} t ix;t< —�If Zc m ti:•rn , i1 iv i. � �D O � 1 _ •x I �. � t'I{ 1 �Y,�`i.rl �E �x�e}�L� tt r��-' �l: iD #}a fF. i r riiett ;ii E x si }j �����// a..1. I 1 /1� �S yt•I��SE } t t }�" '��ali 1�sa t rs t t �S lit s t r xr t c t t r = � �t5y3£ si • ,:m+. '•,.VIC. d ,....,Mz?.1'1. ytyi• ..r by"v F { k` iEr 1 I 1• ;o c—� i� 9t�'�� i`+it . b t }}}'•y €t��T,� Iffy} offI E 1#^ c t Et .iS, s_+'yg}�s�i t f d lU {,fly t1 1 ¢I i t F ti t i {ly4pt� S S ` ttI• — LL i s S 11 ►1 � ] rs S�• t}�•¢xS l i i t�} T't} 1 S} + S S <Si�il� 9 !'!t3 S �fF k •� T � � ri1 i� 1� }« i"s � } figyt tli,Y x 4 dttyit t� �, � i .fit � d E Icf! IE� t; - 1 • tf7 tZi 4Z _ f t 'p i ;qt1 l r _ £0 i 1 • 1 +� Y�� m it ry C m Q7 1 4 t � — � tk Ehpj"if k .�:• .: + ii;{'�� Et` }F,.}ti"s }}� \ �t T ; 1": �.14V1"'VY. ''I:Zf,��I�NY JMIN ITIE'. "MMVrMMnt�fIIglf .w.. :`A_n 1WNP.iN ' AKy� US 1 ! i I II II • — ' •1. i I I N Igt t � W __ 1t .._.._._._._...._._.. .ru N I •— fl'1 10 SECTION 14 Restaurant, or Hotel -Motel Applicants: 1. Is there a valid restaurant or hotel -motel liquor license at the proposed location? ❑ YES ❑ NO If yes, give licensee's name: and license #: Last First Middle DLt_ t- 2. the answer to Question 1 is YES, you may qualify for an Interim Permit Sgoperate while your application is pending; consult A.R.S. Section 4-203.01; and complete Section 5 of this application. 1 � SEp 2b p 3. All restaurant applicants must complete a Restaurant Operation Plan (Form LIC0114) provided b tg&epartment of Liquor. Do you understand that 40% of your annual gross revenue must be from food sales? ❑ YES ❑ NO SECTION 15 Diagram of Premises: (Blueprints not accepted, diagram must be on this form) Check ALL boxes that apply to your licensed premises: ft Entrances/Exits ❑ Liquor storage areas ❑ Drive-in windows ® Patio enclosures ❑ Service windows Under construction: estimated completion date Qe)) - ,_30 I -2 p0Z 2. Restaurants and Hotel/Motel applicants must explicitly depict kitchen equipment and dining facilities. The diagram below is the only area where spirituous liquor is to be sold, served, consumed, dispensed, possessed, or stored. Give the square footage or outside dimensions of the licensed premises. DO NOT INCLUDE PARKING LOTS, LIVING QUARTERS, ETC. YOU MUST NOTIFY THE DEPARTMENT OF LIQUOR OF ANY CHANGES OF BOUNDARIES, ENTRANCES, EXITS, OR SERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM. 0 SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE. 1. Current Business Name and Address: S -L 0 1 4-8s (Exactly as it appears on license) 2. New Business Name and Address: (��� q V U earrac e- (Do not ase PO Box Number) 1 4gl E Ske, � S+L Io 1 st F$ 3. License Type: License Number: C7070 P9e9 Last Renewal Date: 4. What date do you plan to move? �� w2- What date do you plan to open? �Qv • , 0 Z SECTION 13 Questions for all in -state applicants: 1. Distance to nearest school: oZ ►71 ! (FS €t' (Regardless of distance) 2. Distance to nearest church: -2Y11 (Regardless of distance) 3. lam the: LESSEE ❑ SUBLESSEE 1 { . Name/Address of school: Htoq,am. �.do `tom 12`igo F <3h erg - Sc-tsj I - Name/Address of church: r\k- Cri 1 z0�1a C - S�f� ❑ OWNER 4. If the premises is leased give lessors name and address ,�IZD al/ ❑ PURCHASER (of p�premises)}/ I ,re 4 c` '2-CD, W 4a. Monthly rental/lease rate $ What is the remaining length of thr .-,ase? yrs. mos. �,b\ r tom- - What is the penalty if the lease is not fulfilled? $ or other 0- OVl %usf ne&s (give details - attach additional sheet if necessary) �S What is the total business indebtedness of the applicant for this license/location excluding lease? $ �1 06 Does any one creditor represent more than 10% of that sums? ," YES &NO If yes, list below. Total must equal 100%. Tact ' Piro MidAl. °L r)--1 RPc;rlPnr. Arirlr— ('ins Ct.t. 7.r. IS zg�2te (ATTACH ADDITIONAL SHEET IF NECESSARY) 00 What type of business will this license be used for? (BE SPECIFIC) Oak, ton Qi bar, e o+i ee--Sh-oj- 7 . Has a license, or a transfer license for the premises on this application been denied by the state within the past one (1) year? ❑ YES 1:1 NO If yes, attach explanation. 8. Does any spirituous liquor manufacturer, wholesaler, or employee , have any interest in your business? DYES © NO 9. Is the premises currently licensed with a liquor license? ❑ YES 0 NO if yes, give license number and licensee's name: License # (Exactly as it appears on license) Name I Bill of Sale OLL C IN CONSIDERATION OF THE SUM OF: 10o' SEP 26 p 3. 00 NINE THOUSAND FIVE HUNDRED DOLLARS lawful currency of the United States of America, and other valuable consideration, receipt of which is hereby acknowledged, the SELLER: Shirley C. Fischer Hereby grants, bargains, sells and transfers unto the BUYER: Heidi S. Hake and her heirs, personal representatives, or assigns, to have and to hold forever, the following described personal property, goods, or chattels: State of Arizona Series #7 Liquor License # 07070258 Furthermore, Seller warrants that she is the lawful owner of said goods and hereby certifies, under oath, that she has the good right to sell the same as aforesaid, and that the above described property is free and clear of all claims, taxes, liens, and other encumbrances whatsoever, EXCEPT as specified herein. Seller further agrees to warrant and defend same against the lawful claims and demands of all persons whomsoever. Dated this.2L day of September, 2002 State of Arizona, county of Maricopa Acknowledged under oath, before me on his oT6 day of September, 2002 By: Shirley C. Fischer a='� a - al��D Notary Public I C) - Bill of SaleOLLC IN CONSIDERATION OF THE SUM OF: 1001 SEP 26 P 3 flo Nine Thousand Five Hundred DOLLARS lawful currency of the United States of America, and other valuable consideration, receipt of which is hereby acknowledged, the SELLER: Denny's Incorporated hereby grants, bargains, sells and transfers unto the BUYER: Shirley C. Fischer and his, her or their heirs, personal representatives, or assigns, to have and to hold forever, the following described personal property, goods or chattels: State of Arizona Series # 7 Liquor License # 07070258 FURTHERMORE, Seller warrants that he, she or they are the lawful owner of said goods and hereby certifies, under oath, that he, she or they have good right to sell the same as aforesaid, and that the above described property is free and clear of all claims, taxes, liens and other encumbrances whatsoever, EXCEPT as specified herein. Seller further agrees to warrant and defend same against the lawful claims and demands of all persons whomsoever. DATED THIS O / day of August, 2002 STATE OF SOUTH CAROLINA) ACKNOWLEDGMENT COUNTY OF.-� ) AcknZed,Zderoath, before me on this 0 ) day of August 2002 by By: Denny's Incorporated, Rhonda J. Parish Executive Vice President otary Public MY COMMISSION EXPIRES OCTOR_R 19, =D SECTION 7 Corporation/Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM 11LIC010111, AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. AV 16 ❑ CORPORATION Complete questions 1, 7, 8. © L.L.C. Complete questions 1,,`6, 7 and attach copy of Articles of Org. and Operation Agreement. 1. Name of Corporation/L.L.C.: p GSA MW OR, 0 L , `,, Q , (Exactly as it appears on)iYdl f In . or Of Org.) 2. Date In corporated/Organized: State where Incorporated/Organized: 7i 3. AZ Corporation Commission File No.: 4. AZ L.L.C. File No: L-I '0 4 ioq- o3c) Date authorized to do business in AZ: Date authorized to do business in AZ: q- P, 5. Is Corp./L.L.C. non-profit? ❑ YESj2kNO If yes, give IRS tax exempt number: 6. List all directors/officers in Corporation/L.L.C.: Last First Miridlr Tifl . V n ;A.— AAA—, �4ake_ 14e �+ n Snr�fa —•r S-��c�p (; 4c�ar(et Ln -4S: lfs z (ATTACH ADDMONAL SHEET IF NECESSARY) 7. List stockholders or controlling members owning 10% or more: ust First M;AA1. °l_ (1..--A D--:Ae--- AAA---- A bg kr,11rHk-nHllU111V1VHI Jnttl Ir Nbl �JJAKY) 8. If the corporation/L.L.C. is owned by another entity, attach an ownership, and director/officer/members disclosure for the parent entity. Attach additional sheets as necessary in order to disclose real people. SECTION 8 Club Applicants: EACH PERSON LISTED MUST SUBMIT A COA11PLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD Name of Club: (Exactly as it appears on Club Charter) Is club non-profit? ❑ YES ❑ NO If yes, give IRS tax exempt number: 3. List officer and directors: Last First Date Chartered: Middle Title Residence Address (ATTACH ADDITIONAL SHEET IF NECESSARY 3 (Attach a cop), of Club Charter) State 5 Interim Permit: 1. If you intend to operate business while your application is pending ou will need an Interim Permit pursuant to A.R.S. 4-203.01. 2. There MUST die a valid license of the same type you are applying Pcurrently issued to the location. / 3. Enter the license number currently at the location. \� nn a 4. Is the license currently, in use? ❑ YES El NO If no, how long has it been d{�t of use? / i ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APP)LICATION. I, declare that I (Print full name) location . I have read this application and the contents and all statements are true, (Signature) My commission expires on: SECTION 6 Individual or Partnership EACH PERSON LISTED MUST SUBMTr A 1. Individual: Last First Partnership Name: (Only the General -Limited i act CURRENT LICENSEE of the stated license and and complete. State,of County of The foregoing instrument was acknowledged before me this day of , Day of Month Month Year (Signature of NOTARY PUBLIC) Owners• 7 \. LET$D FORM "LICO101";'•AN "APPLICANT"TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARV.) Middle %_Owned \, Residence Address City State Zin partner listed will appear on license) r;ten XX;Aate W n....._a ❑ ❑ / \` ❑ ❑ / ❑ ❑ / - \ria ♦ra�.1a Al/La11V1VAl.. J11LL1 lI' IVLI..LJJl1R 1� \\ 2. is any person, other than the above, going to share in the profits/losses of the business? ❑ YES ❑ NO 2 , ARIZONA DEPARTMENT 800 W Washington 5th Floor Phoenix AZ 85007-2934 (602) 542-5141 N � OF LIQUOR ECENSES & CONTROL owe OCT 0 3 200�400 W Congress #150 ucson AZ 85701-1352 „ FOUNTAIN HILLS (520) 628-6595 TOWN CLERK APPLICATION FOR LIQUOR LI TYPE OR j ) o0 Notice: Effective Nov. 1, 1997, All Owners, Agents, Partners, Stockholders Officers or Managers actively i operations of the business- must attend a Department approved liquor law training course or provide proof of five years. See page 5 of the Liquor Licensing requirements. SECTION 1 This application is for a: ❑ INTERIM PERMIT Complete Section 5 ❑ NEW LICENSE Complete Sections 2, 3, 4, 13, 14, 15, 16, 17 9 PERSON TRANSFER (Bars & Liquor Stores ONLY) Complete Sections 2, 3, 4, 11, 13, 15, 16, 17 ® LOCATION TRANSFER (Bars and Liquor Stores ONLY) Complete Sections 2, 3. 4, IZ, 13, 15,16 17 ❑ PROBATE/WILL ASSIGNMENT/DIVORCE DECREE Complete Sections 2, 3, 4, 9, 13, 15, 17 (fee not required) ❑ GOVERNMENT Complete Sections 2, 3, 4, 10, 13, 15, 16, 17 SECTION 3 Type of license and fees: SECTION 2 Type of within the last pe-4 10--1- 01- ,bvt ► c . ;.3 • a 1- ❑ J.T.W.R.O.S. Complete Secti 6 Louru-Z I 11 03- ❑ INDIVIDUAL Complete Section ❑ PARTNERSHIP Complete Section 6 Complete Section 7 J4 LIMITED_ LIABILITY CO. Complete SectioA ❑ CLUB Complete Section 8 ❑ GOVERNMENT Complete Section 10 ❑ TRUST Complete Section 6 ❑ OTHER Explain LICENSE #: 1. Type of License: -3 r l gs 47 2. Total fees attached: $ APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE. A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) SECTION 4 Applicant: (All applicants must complete this section) Mr,.� 11� T. Applicant/Agent's Name: Ms. , ei� ert one name ONLY to appear on license) Last First Middle Corp. /Partnership/L. L. C.: f ) . U U L-, L , C. (Exactly as it appears on Articles of Inc. or Articles of Org.) Business Name: ir'��� V U Te.lrfacc, a as it appears on me exterior of 4. Business Address: M (Do not use PO Box Number) - City - COUNT- -- Zip SO Business Phone: / Residence Phone: 6. Is the business located within the incorporated limits of the above city or town? OYES ONO 7. Mailing Address: en m , S+e- loI ih �f tj % 8. Enter the amount paid for a 06, 07, or 091icense: $ �� , S City State Zip CO CO (Price of License ONLY) DEPARTMENT USE ONLY n �t Accepted by: r�� .��)(,/� Q�%� �-C% Date: G% � �p i�a Lic. # 000 7056 Fees: (YJ - _ (% $ Application Interim Permit Agent Change Club �F.PrinLts_ TOTAL no •ru�Li n+i ■,uAL A1LL\ rV PAY6, AND LLKCUMSIANCEti OF FLN RESULT IN A LONGER WAITING PERIOD. YOU ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING, ETC., BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. LIC 0100 Ilnouo *Disabled individuals requiring special accommodation, please call (602) 542-9027. t STATE oF AxrzoNx License 07070258 Issue Date: 9/13/1993 Expiration Date: 2/28/2003 Issued To: GLENN CHRISTENSEN, Agent DENNY'S INC, Owner Location: DENNY'S RESTAURANT #01485 10340 N SCOTTSDALE RD SCOTTSDALE, AZ 85253 F N t POSTr� Beer & Wine Bar Mailing Address: GLENN CHRISTENSEN DENNY'S INC DENNY'S RESTAURANT #01485 ')M V AAATXT er ATTN P-12-4 3, SC 29319 A x If you checked the Manager box on the front of this form skip to # 15 14.As an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating JjJ YES NO the licensed premises ? If you answered YES, how many hrs/day? , answer #14a below. If NO, skip to #15. O 14a. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑YES�hse. license or approval on an If the answer to # 14a is "NO", course must be completed before issuance of a ne��w existing li �!! 15. Have you EVER been detained, cited, arrested, indicted or summoned into cour�ikt2flation of ANY law or ❑ YES X N ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drue related. 2001 SEP 26� ( 1+ _ 16. Have you EVER been convicted, fined, posted bond, been ordered to deposit bail, imprisoned, had sentence ❑ YES fl NO suspended, placed on probation or parole for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or dru.q related. 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or ❑ YES El NO summonses PENDING against you or ANY entity in which you are now involved? 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER ❑ YES ;& NO had a business, professional or liquor APPLICATION OR LICENSE rejected, denied, revoked, suspended or fined in this or any other state? 19. Has anyone EVER fled suit or obtained a judgment gectinst you in a civil action, the subject of which ❑ YES NO involved fraud or misrepresentation of a business, professional or liquor license? 20. Are you NOW or have you EVER held ownership, been a controlling, person , been an officer, member, director, or manage on any other liquor license in this or any other state? ❑ YES A NO If any answer to Questions 15 through 20 is "YES" YOU MUST attach a signed statement giving complete details. Please be sure to include dates, agencies involved and dispositions. If you checked the Manager box on the front of this form, fill in /t21-23 and 24, all others skip the following box (21-23) and go to a 24 L�LGlllC7 �l.l VI.l. L1Vll 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) []YES If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. 22. Do you make payments to the licensee? ❑ YES ❑ NO If "yes", how much? $ per month. Total debt to licensee $ 23. Is there a formal written contract or agreement between you and the licensee relating to the operation or management. of this business? ❑ YES ❑ NO If "yes", attach a copy of such agreement 24. I, J ( s&e tLle, hereby declare that I am the APPLICANT filing this questionnaire. (Print full name of Applicant) I have read questions ire and the contents and all statements are true, correct and complete. �. State of County of G XC5�� C� � The foregoing instrument was acknowledged before me this (Signature of Applicant) day of /1 s, IN 5101AL SEAL, l -� Pay of Month Mooch 7eu A WTC-ARZONA My commission expires o_n � / t1 ;3 10 2Q (Signature of NOTARY PUBL ` FILL IN THIS SECTION ONLY LICENSEE OR AGENT APPROVING A MANAGER APPLICATION Licensee or Ag,ent Approval of Manager 25. I, (Print Licensee/Agent's Name) - Last Middle Hereby authorize the applicant to act as manager for the named liquor license. (Signature of LICENSEE/AGENT) My commission expires on: Day of Month Month Year First State of I County of The foregoing instrument was acknowledged before me day of Day of Month Month Year (Signature of NOTARY PUBLIC) 0 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 0 Tucson AZ 85701-135 a� (602) 542-5141 QUESTIONNAIRE (520) 628-6595 �(} ttention all Local Governing Bodies: Social Security and Birthdate Information is Confidential. This information may be given to cal law enforcement agencies for the purpose of background chgAly but must be blocked to be unreadable prior to posting or any pu t e . 4r-aki CarOutky , ups mst urrg�ent is a w ocument. T e qr printt with black ink An e.�ctensiin rUTIM. pro o ypur adkgrolln �� Q1i[duc t'x: A r Tcogglete answers could result m crutunll prosecution an tie a �ttbb b�egtlennt re mn o a 1lllcerise or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT" TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. ro There is.a $24.00 processing fee for each fingerprint card submitted. Liquor License # - 02670 70 1�B - �`9 A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) ( If the location is currently licensed) 1. Check appropriate box—*- ❑Owner ®Partner ❑Stockholder ❑Member ❑Otiicer ❑ Agent ❑ Manager(Only) ❑ Other (Complete Questions 1-20 & 24) Complete All Questions except # 14, 14a & 25) Licensee or Agent must complete # 25 for a Manager Licensee or A14ent must complete # 25 . 2. Name: _ taj e 14PIAJ 5 — Date of Birth: 12--2-a4D-7 Last f/ First Middle r L (This Will Not Become a Part of Public Records) 3 Social Security Number: �gs Ip�- 2q� Drivers License #: / State: AZ - (This Will Not Become a PartofPublic Records) 4 . Place of Birth: T N�IC I tq (LJ I U A Height: / gh Weight: /% Eyes: 6rrx Hair: City State COuntEy (not county) 5. Marital Status ❑ Single ❑ Married [g Divorced ❑ Widowed Residence (Home) Phone: (1/1010) &A0 - k Name of Current or Most Recent Spouse: Date of Birth: t all for last 5 years - Use additional sheet if necessary) Last First Middle Maiden 7. You are a bona fide resident of what state? If Arizona, date of residency: 7- 8 Telephone number to contact you during business hours for any questions regarding this document. 9. If you have been a resident less than three ('3)I months, submit a copy of driver's license or voter registration card. 10. Name of Licensed Premises: del ayt �,QJ tJCCLC�.� Premises Phone: (qS)O40 _ 11. Licensed Premises Address: 14-Y(,�'- C 'S -AA--UU14al vt AdVtfang bg Street Address (Do not use PO Box #) City County Zip. 12. ist your etnolovment nr "P of h—;-- i—;— It— r..._ - FROM TO Month/Year Mooth/Year --- r--• --' - l I jam... �' — DESCRII3E POSITION OR BUSINESS .. p—.7w P-1 ui uic LuuUL c, ,40t Lou= ates. 15t Most recent lst. EMPLOYER'S NAME OR NAME OF BUSINESS (Give street address, city, state & zip) CURRENT (q �c�2_ cZ l�:o s r�►�.. Ai iACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION �C 13. Indicate your residence address for the last five (5) years: FROM TO Rent or RESIDENCE Street Address .Aonth/Year Month/Year OIvn If rented, attach additional sheet -iving name, address and phone number of landlord o 00 CURRENT /S-0 �0 scd r r �V/00 dZ(w tx-01/ywrrCT/C-ItQ /La - bled to vi u requtrmg spec, accomm STATE OF AxizoNA C0OffC B I,I License 07070258Cz Issue Date: 9/13/1993 Issued To: GLENN CHRISTENSEN, Agent DENNY'S INC, Owner Location: DENNY'S RESTAURANT #01485 10340 N SCOTTSDALE RD SCOTTSDALE, AZ 85253 POST Beer & Wine Bar Expiration Date: 2/28/2003 Mailing Address: GLENN CHRISTENSEN DENNY'S INC DENNY'S RESTAURANT #01485 �nl c A n n r Cr ATTN P-12-4 J, SC 29319 Beer & Wine Bar Expiration Date: 2/28/2003 Mailing Address: GLENN CHRISTENSEN DENNY'S INC DENNY'S RESTAURANT #01485 �nl c A n n r Cr ATTN P-12-4 J, SC 29319 • 4 1 e ; a1 i " � Town of Fountain Hills Town Council Agenda Action Form 1Vleeting Type:? Regular Meeting Metwg"Date: 11/21/02 Admin Contact Person. Hansen Consent:® Regnr:❑ c 06i:ui�il�ttt at bto*al.(Check"all that~-aut)1 ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ® Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Counctt�lontyA�Check �ipprr�gi`�a 'n � 'a� ❑ Education ❑ Public Fitness ® Public Safety ® Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Tit*ift*3.) Consideration of the SPECIAL EVENT LIQUOR LICENSE APPLICATIONS submitted by Kenneth Bowman for the American Legion Post 58 located at 16837 East Parkview Avenue. The licenses will be used for fund raising events scheduled for Saturday, December 7, 2002 and Saturday, December 14, 2002 from 9 00 a.m. to 10:00 p.m. and Tuesday, December 31, 2002 from 9:00 a.m. to 1:00 a.m. StawReeApprove Fiscal itripAct No ,Jt6h and Sac�Mi't iP6"'Wation To obtain Council approval for the special event liquor licenses. The application is consistent with past fund raising events held by the American Legion. There have been no incidents related to these events in the past. The applications meets the security requirements, complies with statutory and liquor license regulations, and it received favorable recommendations from the Town Marshal based on his background investigation. At the manager's request in an attempt to reduce paper, full applications will not be reproduced for the packets. The front page will be included for representative purposes and the full application is available for review in the clerk's office. None —C A-4'� Department Head Town Manager / Designee Hansen memo; Tate memos; application front pages Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS OFFICE OF THE DIRECTOR OF ADMINISTRATION MEMO TO: Honorable Mayor Beydler and DT: November 13, 2002 Town Council TH: Tim Pickering, Town Manager Cassie Hansen RE: American Legion Special Event Liquor Director of Administration/Town Clerk Licenses The American Legion Post 58 is requesting Council approval of three special event liquor licenses for fund raising events scheduled for December 7, 14 and 31, 2002. Hours of operation are 9:00 a.m. to 10:00 p.m. on the 7t1i and 14th, and 9:00 a.m. to 1:00 a.m. on the 31St. The events will be held at the American Legion located at 16837 East Parkview Avenue. These requests are consistent with the previous fund raising events at this location. Although the special event liquor license is issued by the state, local approval by the Council is required. Administration and the Town Marshal have reviewed the application. It is consistent with previous applications and includes the following provisions: - Security: o Security guards posted at both entrances to restrict alcohol to the event area o Security personnel present at all times to prevent liquor law violations Licensing Compliance: o Bona fide non-profit, charitable organization o Applicant is a member and authorized to act on behalf of the qualifying organization o Within the ten day per year limit (will reach the tenth event on December 31) o At least 25% of the proceeds going to the charitable organization making the application o Written agreement to suspend the existing Class 14 license during the event Background Investigation: o Favorable recommendation from the Town Marshal (attached) o No previous infractions to result in denial Based on incident -free past events, statutory compliance, and the fund-raising nature of the event that benefits the community, staff recommends approval. E:\MEMOMCOUNCIL\2002\11-21-02 Legion 3 SELL.doc Last printed 11/13/2002 4:15 PM Page 1 of 1 7 TOWN OF FOUNTAIN HILLS OFFICE OF INTER OFFICE MEMO TO: Cassie Hansen, Director of DT: November 7, 2002 Administration FR: Todd Tate, Interim Town Marshal RE: Special Event Liquor License- r c -7 American Legion The purpose of this memorandum is to endorse the attached special event liquor license application submitted by the American Legion Post of Fountain Hills. It is my understanding that this issue will go before the Town Council at their meeting on November 21 st. I am recommending approval based on the following factors: The American Legion Post has a valid class 14 (club license) in place at 16837 Parkview. According to the state liquor department, organizations with a class 14 license are permitted up to 10 days per year in which they are eligible for a special event license allowing public liquor sales. At all other times, the class 14 allows sales to members and guests only. A review of the record indicates that this will be the eighth such request for the calendar year and will bring their total to 8 of the 10 days they are allowed for special events in 2002. 2. During the time frames specified on the permits, the American Legion in effect suspends their class 14 license and replaces it by the special event permit for those hours specified. The American Legion officials apparently understand that since they have included a written statement foregoing their class 14 license during the special event period. 3. In previous investigations, we have found that the American Legion has met all the legal requirements under the Arizona Revised Statutes for both a liquor license and temporary permit. This included covert monitoring by state liquor agents and overt monitoring by the Marshals Department to ensure compliance with provisions of the special event license. Nothing has been found which would prohibit granting of this permit. Based on the factors outlined above, I recommend approval by the Council on November 21st. TTate\Tate\E:Wdministration\LIQ#14-special event(a).do6lin/02 TOWN OF FOUNTAIN HILLS OFFICE OF INTER OFFICE MEMO TO: Cassie Hansen, Director of DT: November 7, 2002 Administration FR: Todd Tate, Interim Town Marshal RE: Special Event Liquor License - American Legion The purpose of this memorandum is to endorse the attached special event liquor license application submitted by the American Legion Post of Fountain Hills. It is my understanding that this issue will go before the Town Council at their meeting on November 21 st. I am recommending approval based on the following factors: 1. The American Legion Post has a valid class 14 (club license) in place at 16837 Parkview. According to the state liquor department, organizations with a class 14 license are permitted up to 10 days per year in which they are eligible for a special event license allowing public liquor sales. At all other times, the class 14 allows sales to members and guests only. A review of the record indicates that this will be the ninth such request for the calendar year and will bring their total to 9 of the 10 days they are allowed for special events in 2002. 2. During the time frames specified on the permits, the American Legion in effect suspends their (W class 14 license and replaces it by the special event permit for those hours specified. The American Legion officials apparently understand that since they have included a written statement foregoing their class 14 license during the special event period. 3. In previous investigations, we have found that the American Legion has met all the legal requirements under the Arizona Revised Statutes for both a liquor license and temporary permit. This included covert monitoring by state liquor agents and overt monitoring by the Marshals Department to ensure compliance with provisions of the special event license. Nothing has been found which would prohibit granting of this permit. Based on the factors outlined above, I recommend approval by the Council on November 21st. TTate\Tate\E:\Administration\LIQ#14-special event(a).doc\1 in102 Eq TOWN OF FOUNTAIN HILLS OFFICE OF INTER OFFICE MEMO TO: Cassie Hansen, Director of DT: November 7, 2002 Administration FR: Todd Tate, Interim Town Marshal RE: Special Event Liquor License- FT,7 American Legion The purpose of this memorandum is to endorse the attached special event liquor license application submitted by the American Legion Post of Fountain Hills. It is my understanding that this issue will go before the Town Council at their meeting on November 21 st. I am recommending approval based on the following factors: The American Legion Post has a valid class 14 (club license) in place at 16837 Parkview. According to the state liquor department, organizations with a class 14 license are permitted up to 10 days per year in which they are eligible for a special event license allowing public liquor sales. At all other times, the class 14 allows sales to members and guests only. A review of the record indicates that this will be the tenth such request for the calendar year and will bring their total to 10 of the 10 days they are allowed for special events in 2002. 2. During the time frames specified on the permits, the American Legion in effect suspends their class 14 license and replaces it by the special event permit for those hours specified. The American Legion officials apparently understand that since they have included a written statement foregoing their class 14 license during the special event period. 3. In previous investigations, we have found that the American Legion has met all the legal requirements under the Arizona Revised Statutes for both a liquor license and temporary permit. This included covert monitoring by state liquor agents and overt monitoring by the Marshals Department to ensure compliance with provisions of the special event license. Nothing has been found which would prohibit granting of this permit. Based on the factors outlined above, I recommend approval by the Council on November 21st. I7ate\Tate\E:\Administration\LIQ#14-special event(a).doc\11/7/02 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL �8 W Washington 5th Floor 400 W Congress #150 penix AZ 85007-2934 jy Tucson AZ 85701-1352 (602) 542-5141 o A (520) 628-6595 APPLICATION FOR SPECIAL EVENT LICENSE Fee = $25.00 per day, for 1-10 day events only A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44-6852) PLEAgF Now. Tmq nnCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RET[IRNFn- DEPT USE ONLY **APPLICATION MUST BE APPROVED BY LOCAL //t GOVERNMENT LIC# 1. Name of Organization: �h���L/GA�I L� ;la4 f CZS i 5 2. Non-Profit/I.R.S. Tax Exempt Number: :a'- 41-0-3A,14-s 3. The organization is a: (check one box only) 64 Charitable ❑ Fraternal (must have regular membership and in existence for over 5 years) ❑ Civic ❑ Political Party, Ballot Measure, or Campaign Committee ❑ Religious 4. What is the purpose of this event? C-/D A) ��� f.�,�� r/c S 5. Location of the event: 11 3j 4 P1m4V1c i,) /4v,;- %Ti1% Wills /'�/�Ys ?Gy Address of physical location (Not P.O. Box) City County Zip Mplicant must be a member of the qualifying organization and authorized by an Officer, Director or 6. Applicant: I5C-)yy iwd kt N-✓C rw L— 1 .—_q © Last First Middle Date of Birth 7. Applicant's Mailing Address: I170S,3 FrN // s: Z ? de? Street City State Zip 8. Phone Numbers: (41yc) Y37 1/4.,2'111 (L%2 ) 5 , - 7S;Y (*' -) ) Y.5?— l 512-2- Site Owner # Applicant's Business # Applicant's Home # 9. Date(s) & Hours of Event: (Remember: you cannot sell alcohol before 10:00 a.m. on Sunday) Date Day 1: 1 c'J e2- Day 2: Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: Day of Week S�Tux: 0.4 Y Hours from A.M./P.M. To A.M.[P.M. ucotob 1t2ota *Disabled iniAduals requiring special accommodations, please call (602) 542-9027. ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 8 10 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 ,/ (520) 628-6595 APPLICATION FOR SPECIAL EVENT LICENSE Fee = $25.00 per day, for 1-10 day events only A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44-6852) Mr, AJr'INV1L': 1nJZ UVl:UAMIN1 MUb1 til, kULLY (;VMYLETED UK IT WELL BE RETURNED. DEPT USE ONLY **APPLICATION MUST BE APPROVED BY LOCAL GOVERNMENT LIC# 1. Name of Organization: 1 a,-,�cldA Le c:fe/J P"o57— S� 2. Non-Profit/I.R.S. Tax Exempt Number: A� - 4,o3y/� 3. The organization is a: (check one box only) J4 Charitable ❑ Fraternal (must have regular membership and in existence for over 5 years) ❑ Civic ❑ Political Party, Ballot Measure, or Campaign Committee ❑ Religious 4. What is the purpose of this event?-j�y,�q�SE� 5. Location of the event: l .93'7E1i4��lyi�Hl. �t, ; ) 4,L1-c- Address of physical location (Not P.O. Box) City County Zip Applicantmust be a member of the qualifying organization and authorized by an Officer, Director or Chairperson of the Organization named in Question #1. (Signature required in section #18 6. Applicant: /30WM,4/d c.✓w:�,-Tl/ Last First Middle Date of Birth n 7. Applicant's Mailing Address: J 7yS:3 6w-4,- t'%GL ��ieG� E-Al l.s �z 6S.,Zl• Street City State zip 8. Phone Numbers: 9/90 ) 832- ZV-2 Z (4h 3,3'11_ 021Z Site Owner # Applicant's Business # Applicant's Home # 9. Date(s) & Hours of Event: (Remember: you cannot sell alcohol before 10:00 a.m. on Sunday) Date Day of Week Hours from A.M./P.M. To A.M./P.M. Day 1: ?u2 oR f'' Day 2: Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: Uc01061I/MW *Disabled iniAduals requiring special accommodations, please call (602) 542-9027. ' ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 8 Washington 5th Floor 400 W Congress #150 A o AZ 85007-2934 0 - y� Tucson AZ 85701-1352 (602) 542-5141 A (520) 628-6595 APPLICATION FOR SPECIAL EVENT LICENSE Fee = $25.00 per day, for 1-10 day events only A service fee of $25.00 will be charged for all dishonbred checks (A R S 44-6852) PLEASE NOTE: THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WH.T. RF ww-nmiv DEPT USE ONLY **APPLICATION MUST BE APPROVED BY LOCAL GOVERNMENT LIC# ,n I. Name of Organization: A, t a ; c n n/ .4c 61,C4 PUS, S 2. Non-Profit/I.R.S. Tax Exempt Number: e , (oG`3 4 3. The organization is a: (check one box only) Charitable ❑ Fraternal (must have regular membership and in existence for over 5 years) ❑ Civic ❑ Political Party, Ballot Measure, or Campaign Committee ❑ Religious i 4. What is the purpose of this event? f 'uN 0 Lei on1 L Ra 5. Location of the event: ��3� E. A2Y �.6a1 �I✓c F�v /�ls fyiA/l ircp/� $57�ly Address of physical location (Not P.O. Box) City County Zip A plicant must be a member of the qualifying organization and authorized by an Officer, Director or Chairperson of the Organization named in Question #1 (Signature required in section #18) 6. Applicant: '- Last First L. Middle Date of Birth 7. Applicant's Mailing Address: 17cS_3 L�AGLc a��- i%1k�� F7'rtJ%�Ls. Z Street City State Zip 8. Phone Numbers: (�S?o ) 9:3 yzy ( tfScI ) f3 7-s�/-)'W W90 Ss'7— 4 412- Z Site Owner # Applicant's Business # Applicant's Home a 9. Date(s) & Hours of Event: (Remember: you cannot sell alcohol before 10:00 a.m. on Sunday) Date Day of Week Hours from A.M./P.M. To A.M./P.M. Day 1: 1,R-3i—v2 Day 2: Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: Uc0106ltn000 *Disabled inhiduals requiring special accommodations, please call (602) 542-9027. ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 a (520) 628-6595 APPLICATION FOR SPECIAL EVENT LICENSE Fee = $25.00 per day, for 1-10 day events only A service fee of $25.00 will be charged for all dishon6red checks (A.R.S. 44-6852) YLhAJL IN 1'L'': IIHS DOCUMENT MUS1' M FULLY COMPLETED OR IT WILL BE RETURNED. DEPT USE ONLY **APPLICATION MUST BE APPROVED BY LOCAL GOVERNMENT LIC# 1. Name of Organization: y &6i/Z4CAI�J �;�� Ras--: ./5� 2. Non-Profit/I.R.S. Tax Exempt Number: da-- 3. The organization is a: (check one box only) Charitable ❑ Fraternal (must have regular membership and in existence for over 5 years) ❑ Civic ❑ Political Party, Ballot Measure, or Campaign Committee ❑ Religious 4. What is the purpose of this event? f-u N r) /S c l'� 1—z 4 A .0 ti L 1'f P-/ T /C, 5 5. Location of the event: Z,�, 437 455 R3. 4VIc-p) Ave- 1::-fA% Wig A w,,/,I� -!n?ly Address of physical location (Not P.O. Box) City County Zip Applicant_ must be a member of the qualifying organization and authorized by an Officer, Director or Chairperson of the Organization named in Ouestion #I. - (Signature required in section #1 R) n 6. Applicant: J 5 c 4c%7JAj4) kt NBC r l L- Last First Middle Date of Birth 7. Applicant's Mailing Address: PTO-� 6Z,6 Pk--4- 'lJ, %-N 4Z. ?-s-z(? Street City State Zip 8. Phone Numbers: ( 19 ) Y37 1/ (VY2 Y,5`7— VLL Site Owner #/ Applicant's Business # Applicant's Home # 9. Date(s) & Hours of Event: (Remember: you cannot sell alcohol before 10:00 a.m. on Sunday) Day 1: Day 2: Day 3: Day 4: Day 5: Day 6: Day 7: ✓ Day 8: Day 9: Day 10: Lic 0106 1 U2000 Date Day of Week Hours from A.M./P.M. To A.M./P.M. *Disabled inhiduals requiring special accommodations, please call (602) 542-9027. 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? ❑ YES NO (attach explanation if yes) 11. This organization has been issued a special event license for _ Ays this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person.to manage the event? ❑ YES V, NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Account for 100 % of the proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25% of the gross _revenues of Alcoholic Beverage Sales. /) Name Address Percentaae L/Q/CA'j lerwa'd / - ;4, Ave-+AP!toy (Attach additional sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control barriers if applicable) # Police ❑ Fencing 1 # Security personnel ❑ Barriers 16. Is there an existing liquor license at the location where the special event is being held? YES ❑ NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? ,� YES ❑ NO (ATTACH COPY OF F AGREEMENT) t l�r1Ic aAl L VIV Name of Business Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page it to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positions. f,, ,+1 �. f �f• S 4� �r 1- 1.,�'�`..yl..c�+�.+ -� � era •. ^ -,f '. S! ! r. � "`\ i I r i� ra:jS'' �� /�•••� s � i .\ . �, '.� .: ftiV : � �„Ji.:�'� +�;. i 4 ��• � r. �'!Z`•r�•f � /"', � � fV�'�/ , �f����, i :.a A� l� �1 �f `.`% 1.) ` �J i. �� ` 1' _.r .. � � 1_' , I�(.f rl, I�� �`' {! \ 1��( �i � r'>✓Q.':� ' Ij i�•�. �':� 11• •.`:i �': �.;. _ � � 1. t .f�, r ` •�.I � ��-, `f , . .cam, j" ; , 5,� • ! L �� � i ) ..�. 1� . 1 44 p��y ��X -{ '.fk ,•, �. \f '. 4-_, ��' r I _c!- I /I ' ,i/_ I �. into .A, r. �"�-'�'� l l JI. I r •.;i % Ii- «� eTl r ) I ?7. ,,,.�'�1�%f��•�.}•S • '`•'„j,��' •.y�l ��cl �L I+'I` 771.771 r \ I �yl' I t t•. I. j: Al t � •1 � � 1 �� �� r � �Y"fi' � `+fi I ' Sal, � It p :. /.'' � J�' , � I � ' i 1- �% .V r.7 J - lf^ (,�{};�..,;r j✓`, e"f :Yf g_^�t��, r 1:. _ !r, , -1 "'Q j.• ii{»l"""ra..�,�.7��. , ,Y r- (}1 �' C "•c9 �., .� '� .f�l` 1 �, THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER, DIRECTOR OR CHAIRPERSON OF 1 ORGANIZATION NAMED IN QUESTION #1 18. Lc.:declare that I am an Offico /Director/Chairperson appointing the (Print full name) . applicant listed in Question 6, to apply on behalf of the foregoing organization for a Special Event Liquor Lice e. x �. C:,LuF1 /���N !/—s =csZ YXI- 337- 6cfzz (Signature) (Title/Position) (Date) (Phone #) State ofXir1,?1: W County of_�Clj�'/�/�G j9 OFFICIAL SEAL The foregoing instrument was acknowledged before me this MELANIE S. PAVLET Notary Public - State of ArZ day of MARICOPA COUNTY Day of Month on Year My comm. expires No . 4, WN My Co Gv c l (Date) (Signature of NOTARY PUBLIC) THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #6 19. I, ee/V.'o5r-r# 1-, declare that I am the APPLICANT filing this application as (Print full name) as listed in Question 6. I have read the application and the contents and all.statements are true, correct and co plete. 7 X 6/ (Signature) Ighm oFFICIAi srJaL ELANIE S. PAVLET tary Public - S of ona My cor2. A�►Rk�4P L� Comm. exp o JAI State of /7X/Zp&;1 County off',¢ The foregoing instrument was acknowledged before me this .�' day of Fd c--=!— Pay of Month Month �Year (Signature of NOTARY PUBLIC) You must obtain local government approval. City or County MUST recommend event & complete item #20. The local city or county _jurisdiction may require additional applications to be completed and additional licensing fees before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20. I, C4 A54, flek hscant j LZO Cf-trk. , hereby recommend this special event application on (Government Official) (Title) -o�- behalf of FWyr}a,.;t>1Ta- ) I 10U3io, CDUnC! �. (City, Town or County) (Signature of OFFICIAL) (Date) FOR DLLC DEPARTMENT USE ONLY Department Comment Section: ,41111111me (Employee) (Date) ❑ APPROVED ❑ DISAPPROVED BY: _ (Title) (Date) SPECIAL EVENT LICENSED PREMISES DIAGRAM (This diagram must be completed with this application) Special Event Diagram: (Show dimensions, serving areas, and label a oenclosure and security type. my positions) NOTE: Show nearest cross streets, highway, or road if location doesn't have an address. fi American Legion Post 58 16837 E. Parkview Ave. Fountain Hills, Arizona 85268 September 28, 2002 Arizona, Department of Liquor Licenses: The American Legion Post 58 agrees to suspend their Liquor License 14 for the period 1A o'J c2Z Mr. Ken Bowman/3..,., c-•.-,, Club Manager IR ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 (602) 542-5141 N um Tucson AZ 85701-1352 (520) 628-6595 APPLICATION FOR SPECIAL EVENT LICENSE Fee = $25.00 per day, for 1-10 day events only A service fee of $25.00 will be charged for all dishonored checks (A.R S 44-6852) rL,c,rMar, 1NVlr,: 1M3 11vk.vi MINI 1Vlu61 tsar, rULLY UUM-rLL'YLD OR 11' WILL BE RETURNED. DEPT USE ONLY **APPLICATION MUST BE APPROVED BY LOCAL GOVERNMENT LIC# 1. Name of Organization: A, c a ; e a ev Ac ( i c/,)-Jos� S" 2. Non-Profit/I.R.S. Tax Exempt Number: 6L%3s/I � 3. The organization is a: (check one box only) Charitable ❑ Fraternal (must have regular membership and in existence for over 5 years) ❑ Civic ❑ Political Party, Ballot Measure, or Campaign Committee ❑ Religious 4. What is the purpose of this event? rUAI 10 k.'--1 iS G C: / ZZ= ZL--6 I &J O RAr iTI e3 . Location of the event: 1693? E. 14yems ,9;v As Ai iAi2teeP/t 99.wy Address of physical location (Not P.O. Box) City County Zip Applicant must be a member of the qualifying or>?anization and authorized by an Officer Director or Chairperson of the Organization named in Question #1 - (Signature required in section #18) 6. Applicant: Last First Middle _ Date of Birth 7. Applicant's Mailing Address: 17cS _3 De-1- bell Street City State Zip 8. Phone Numbers: S}S?C ) i 3 7- e yzL fZ190 ) 37— z- L Site Owner # Applicant's Business # Applicant's Home # 9. Date(s) & Hours of Event: (Remember: you cannot sell alcohol before 10:00 a.m. on Sunday) Day 1: Day 2: Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day Day a 10: Date I,R- 31-v2 Day of Week l i, aCS,DAy' Hours from A.M./P.M. h-,)7 To A.M./P.M. Lic0106 112000 *Disabled iniNiduals requiring special accommodations, please call (602) 542-9027. 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? ❑ YES fR NO (attach explanation if yes) 11. This organization has been issued a special event license for % Days this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person to manage the event? ❑ YES 4 NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25% of the gross . revenues of Alcoholic Beverage Sales. Name Address ►► Percentage G : ,fimoediCti! Ave- tM14- - • l CIO (Attach additional sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this application, please.contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control barriers if applicable) # Police ❑ Fencing # Security personnel ❑ Barriers 16. Is there an existing liquor license at the location where the special event is being held? If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? (ATTACH COPY OF AGREEMENT) /CA, CG'O ti ok S Name of Business YES ❑ NO )�. YES ❑ NO () Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page it to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positions. DlsrLAY 511ir� Tic--H b�l Ij �A-r 10 THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER, DIRECTOR OR CHAIRPERSON OFT ORGANIZATION NAMED IN QUESTION #1 18. I, ACC NNrr* �� /mAN , declare that I am an Offici/Director/Chairperson appointing the 110 (Print full name) applicant listed in Question 6, to apply on behalf of the foregoing organization for a Special Event Liquor Li e. X w — G'�ur.� l s3niRG�� J —,s -d Z 744zz (Signature) (Title/Position) (Date) (Phone #) State of "A)WA County of �Lj%,�/���'✓ OFFICIAL SEAL The foregoing instrument was acknowledged before me this MELANIE S. PAVLET ': `" day of Notary Public Stab o TMonaMARay of Mon Xonth Year My Co 5�O°O GD� G rG�E 2- �e (Date) (Signature of NOTARY PUBLIC) THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN OUESTION #6 J aa 19. I, �L /VNZ'Th' /wacJM11,ii declare that I am the APPLICANT filing this application as (Print full name) as listed in Question 6. 1 have read the application and the contents and all statements are true, correct and co plete. X 4 (Signature) LET P.M.Arizona My co*=a : : OO�v a State of '4? 4)AJ County of The foregoing instrument was acknowledged before me this e- f -`�- day of st�, Day of onth Mo th Year �42 (Signature of NOTARY PUBLIC) You must obtain local government approval. City or County MUST recommend event & complete item #20. The local city or county jurisdiction may require additional applications to be completed and additional licensing fees before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20. 1, A �5, 1 ,� �s �,-� 1 own LI E r , hereby recommend this special event application on {(Government Official) (Title) behalf of F0LAn+d:,V 4, ))S 1 Ct,)h 6)CA �� C% ) —�% —�o�- (City, Town or County) (Signature of OFFICIAL) (Date) FOR DLLC DEPARTMENT USE ONLY Department Comment Section: ,11111111W (Employee) (Date) ❑ APPROVED ❑ DISAPPROVED BY: (Title) (Date) SPECIAL EVENT LICENSED PREMISES DIAGRAM (This diagram must be completed with this application) Special Event Diagram: (Show dimensions serving areas ,and label type o enclosure and security positions) NOTE: Show nearest cross streets, highway, or road if location doesn't have an address. lyf' 1r iv l Is ''d j�,7�'rfJ % `• I erica - e?�n post..' i 1 r P, �W, w7� ,✓ ouma�tt ills, Ariz na 8Sx68 ; r •�,l�I .'N���. r.:.�} ik t;_�/ /• rry�r_I 1, I 1 �i�+. ��.� �y 1 / � �;• irk` � fTo� I t 11 G F , - I 1 r/ � l 1 •��1F \l yY�� d ,l r i m r A -- Z � n - f i/!�/ r( Il�� �y �`t �) r�5}C 7.4 ///:I`� �, � .1. ` !// to l•?� __ ' Anzo✓na, D partnt gf i,iquor, U/��pV :ThericanLeost;58� e, gion P agrees tolsuspend their Liqugr. Lcens�` for,the pe o - elm x 1. ,. �� /"�` Ir 1'' \' 7 `S � ��I..,4 ✓,.fit l\' r) � > � � ' ., r - r J\' .�. � `_ j,Y�� L` .'. �. Club gei �1 r c r ' '. /y f ` , t rJ1 �t "^, J. ✓ ,J fly '1 1 J• �� '' �Ir' •_ � l -1 ,N� G l-,J �1 tt 11 i" y �: , 1 l . I � r` II 1,�' 1� Y `.. _ � .. � 7} - .v.. - V. — _ � \ ✓r _ � a �.` !�\!/ryl..l 'r'1 �;:!� � t 1�•.tJ�., �• � 1 - 'iii , �-. -� S � -C, 1, *� �,'�"`•��// �. `\ •.�' l .` � • r `�� '\ 1 �I ,I 1 �' , f � r j . • - _ ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 o (520) 628-6595 APPLICATION FOR SPECIAL EVENT LICENSE Fee = $25.00 per day, for 1-10 day events only A service fee of $25.00 will be charged for all dishonored checks (A.R. S. 44-6852) JDULA3Z iN lt'J: IMb VL)UUAM1V 1' MUS t' J3L MLLY COMPLETED OR IT WILL BE RETURNED. DEPT USE ONLY **APPLICATION MUST BE APPROVED BY LOCAL GOVERNMENT LIC# 1 1. Name of Organization: //�-i�l�� yli 2. Non-Profit/I.R.S. Tax Exempt Number: �G_, �o i-d, y 3. The organization is a: (check one box only) Charitable ❑ Fraternal (must have regular membership and in existence for over 5 years) ❑ Civic ❑ Political Party, Ballot Measure, or Campaign Committee ❑ Religious 4. What is the purpose of this event? n�-&Vzz 5. Location of the event: Yys .? Address of physical location (Not P.O. Box) City County Zip rApplicant must be a member of the qualifying organization and authorized by an Officer, Director or Chairperson of the Organization named in Question #I. (Signature re aired in section #18 6. Applicant: ;✓aW M.4Il ki AWL V/ �e: %—.-Qy - Y / Last First Middle Date of Birth 7. Applicant's Mailing Address: j 7e)S:3 6,j-ccr Rn/ i�4s Street City State Zip 8. Phone Numbers: (/90 ) X32— �,4-2 Z_ (/,�G ) 9 3'l-5S'S-X ( '�') 3 3, Site Owner # Applicant's Business # Applicant's Home # 9. Date(s) & Hours of Event: (Remember: you cannot sell alcohol before 10:00 a.m. on Sunday) Date Day of Week Hours from A.M./P.M. To A.M./P.M. Day 1: / /�f - :L �A7cti1 DAY �1�Ida /L► ,r�/1% Day 2: Day 3: Day 4: Day 5: Day 6: Day 7: 1,, Day 8: Day 9: Day 10: Lic 0106 11 r2000 *Disabled injAduals requiring special accommodations, please call (602) 542-9027. 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? ❑ YES ONO (attach explanation if yes) 11. This organization has been issued a special event license for 1— �ys this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other personjo manage the event? ❑ YES N NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25% of the gross _revenues of Alcoholic Beverage Sales. Name Address Percentage i4,93? F-1V ,AZ, 0 t% (Attach additional sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this application, please. contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control barriers if applicable) # Police ❑ Fencing _ # Security personnel ❑ Barriers 16. Is there an existing liquor license at the location where the special event is being held? f4 YES ❑ NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? 14 YES ❑ NO (ATTACH COPY OF AGREEMENT) Ld? 44 3-023l)-s'7'so Name of Business Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page it to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positions. Fq ;II "L"—'-/ STOP, S.S. ' DISPLAY C,9 HoeMO(;3 W. r. jo SToR, M Tc ,H b� 11:2,[o oil -01 II H CA fA-r 0 I F-6 r LAL4 THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER, DIRECTOR OR CHAIRPERSON 0F'1 ORGANIZATION NAMED IN QUESTION #1 18. I, ENA/E'Tri L- ; �) LSl r✓I , declare that I am an Offic /Director/Chair erson appointing the pe (Print full name) . 1. applicant listed in Question 6, to apply on behalf of the foregoing organization for a Special Event Liquor X kolwa wcj OFFICIAL SEAL MELANIE S. PAVLET Notary Public - State of Artona MARICOPA 901.11 My Co si irbscvn . 47 94; Date S-oZ p3�- G �zz (Date) (Phone State of County of 11W1403,# The foregoing instrument was acknowledged before me this day of ay of onth on // Year (Signature of NOTARY PUBLIC) 19. I, KL'V — Tif �� �G�1Jyn,/�A,� , declare that I am the APPLICANT filing this application as (Print full name) as listed in Question 6. I have read the application and the contents and all.statements are true, correct and complete. X (Signature) OFFICIAL SEAL MELANIE S. PAVLET Notary Public - S to of Ar!ons My co s i>;,.CoP State of 1,-JX County of The foregoing instrument was acknowledged before me this day of IL�O�cx1�&:X5 Day of Month Month Year (Signature of NOTARY PUBLIC) You must obtain local government approval. City or County MUST recommend event & complete item #20. The local city or county _jurisdiction may require additional applications to be completed and additional licensing fees before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20. I, Cta.Sii c, �a ns�y. I .ten (A TK- , hereby recommend this special event application on (Government Official) (Title) behalf (City, Town or County) (Signature of OFFICIAL) (Date) FOR DLLC DEPARTMENT USE ONLY Department Comment Section: A, (Employee) (Date) ❑ APPROVED ❑ DISAPPROVED BY: (Title) (Date) SPECIAL EVENT LICENSED PREMISES DIAGRAM (This diagram must be completed with this application) Special Event Diagram: (Show dimensions, serving areas, and label a oenclosure and type . security positions) NOTE: Show nearest cross streets, highway, or road if location doesn't have an address. %W American Legion Post 58 16837 E. Parkview Ave. Fountain Hills, Arizona 85268 September 28,10,02 Arizona, Department of Liquor Licenses: The American Legion Post 58 agrees to suspend their Liquor License 14 for the period_- 02 1 Mr. Ken BowmaniZ L L'`'IYu� Club Manager ,I ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 a (520) 628-6595 APPLICATION FOR SPECIAL EVENT LICENSE Fee = $25.00 per day, for 1-10 day events only A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44-6852) PLEASE NOTE: THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. DEPT USE ONLY **APPLICATION MUST BE APPROVED BY LOCAL GOVERNMENT LIC# 1. Name of Organization: /&e��/44CAJJ /---i;/cyj RC6.1 Jr� 2. Non-Profit/I.R.S. Tax Exempt Number: 3. The organization is a: (check one box only) Charitable ❑ Fraternal (must have regular membership and in existence for over 5 years) ❑ Civic ❑ Political Party, Ballot Measure, or Campaign Committee ❑ Religious 4. What is the purpose of this event? /—U,�11� l �/� i 5 c /L �►,E� J � &I O A) Lim 4,, T i�:S 5. Location of the event: �.3'7 L �//, ,� y'it'i� Ay,; �I✓ Aa-!; /'�/�/ w� /,�t Address of physical location (Not P.O. Box) City County Zip Applicant must be a member of the qualifying organization and authorized by an Officer, Director or Chairperson of the Organization named in Ouestion #1. (Sip -nature required in section #18) 6. Applicant: 15G4vM,,J ktE/ 41 Tr;/ Last First Middle Date of Birth 7. Applicant's Mailing Address: Pro-5 Li u PL Z-- &,r' .) %'rN lls Z y j :Zep Street City State Zip 8. Phone Numbers: (`IYO ) Y 37 Z SU.;), (VY2 ) 33 7- 5-h;Y (Av ) Y,07— e (1-2-2- Site Owner # Applicant's Business # Applicant's Home # 9. Date(s) & Hours of Event: (Remember: you cannot sell alcohol before 10:00 a.m. on Sunday) Day 1: Day 2: Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: Uc 0106 11/2000 Date Day of Week Hours from A.M./P.M To A.M./P.M. / C) P/0 *Disabled iniAduals requiring special accommodations, please call (602) 542-9027. 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? ❑ YES N NO (attach exl)lanation if yes) 11. This organization has been issued a special event license for kys this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person.to manage the event? ❑ YES Ek NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Account for 100 % of the proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25% of the gross _revenues of Alcoholic Beverage Sales. Name Address Percentage llme/eie-pA 160 d #5-y 16537 ,#A.¢ riepl Ave- /�70WA'-,Az I r.�► o (Attach additional sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control barriers if applicable) # Police ❑ Fencing j # Security personnel ❑ Barriers 16. Is there an existing liquor license at the location where the special event is being held? YES ❑ NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? YES ❑ NO (ATTACH COPY OF AGREEMENT) Name of Business Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page it to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positions. P] J) + � i 1�j�S ! K`� hi .J•rc r f Y A ^ F LfA !, } yl.. Ji�''.1f��F t es +r :,•. �`w •! l r•.\ i "�'r' kr,''v '"'• 1 . i vk�� ,. 'i .. PVS f; i ; -J T.,� _ FIf SYy "� • Sy r'� . r 'cif 7:.t e\ - � / � I t ' 1v.� � rJ "r"1 C/ �. pe, �.+ � t ilk d yCi� ^_ Z• � ! '� � . Z � •� n % y..•I ` a-'eI r� +' V(y' ^,if J I� _ �"-� �i ! � I - � 1�' ,'• ;' !1,} r- ;Y y"�,,,,. �'�� f�`,'%i��7.Q,v _' `�� � r(. 1 �. �i.. I Y �� �. � � 1� /• /�.i -_'. � '. � � ems' �.". � � �-c if�r2 �,i• kJK {� � : � � :� •r �Y`�7".' �i � G'� 1 ( .. •r� I t 4Ile ;�. i '� ram- I� i,�� ,I�`� ����,y�.(,�fk�, rr-,7`{� ;'l.. ,�' ,�. �. !� •'„ 7<' - \I II i ` �i f i \ -" ,�I �s,+ ��,rl^. 'l '�1\::' f�i �� .\\ � ; S �+,., i) i•:i. � �'V '1�.� � • IX aL .. 1' i \�-..� .'V�., '9' r ��� �.•! lr.ir.. ^, i I\. I�t`\�. ���) I ��., � { '.+.• {{j.._.. .J ., I .} . _ \ '/; / � � 1 .� � _ ,' `_ �, •.) � - l� � �. - " a�. ) I . it �1/. - i 1J �•rr '.'�v r x j 't "tt ��ts ^ -- f� / '- ��! ,_ -� :� r \ f+"�� _ { �. �- I —•—^ ( 7—yl'.i��' ;j},;�\ - >, _mil h ��l a. r! (Jrl r 'i!"(�. f C.J f n — ' �.. 1 /. � , ,I,1.. , }�•! � � ��l` ��. wry 1-'�-„�r Cf /;' -. •�{ `'�1 '�Cl 1 Il 1 .f\ t/'(,• �L✓�.1\` :�/^ 1 �) �lGG G .,'✓ 7 '"_� yn`•y�,a4 ,� r + f-�r ,w/ll�� .(?, r �• � L•y �/, a_ P , ,./ , ��n .� i - I` I .J E .�.J e''O r�„�y!')'\�!?f �r{.f �"`TIG4",^}�! I. � i( k �`� •.��111�: �� '{-.I-�JF. 1{. \, ;�% �`� i1 � I �l V�, ��r•��� r� / , i. V �.'I ��+\ I�.'-` yr' � � �- THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER, DIRECTOR OR CHAIRPERSON OF 1 ORGANIZATION NAMED IN QUESTION #1 18. I, AeAW� 1N L ; & J,-r qA/ , declare that I am an Offic!* /Director/Chairperson appointing the (Print full name) applicant listed in Question 6, to apply on behalf of the foregoing organization for a Special Event Liquor Z e. cam. 11S 335/Z2— (Signature) (Title/Position) (Date) (Phone #) State of Ark, -d 114 County of OFFICIAL SEA:ArIzons The foregoing instrument was acknowledged before me this MELANIE S. PA Notary Public - Stata of �/ " ' day ofMARICOPA COUNDay of Month on Year My comm. axpkaallo . My Co G� (Date) (Signature Of NOTARY PUBLIC) THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAAIEED IN QUESTION #6 19. I, �LN�v� 7-� L�� 13C1'jMA.t- I declare that I am the APPLICANT filing this application as (Print full name) as listed in Question 6. I have read the application and the contents and all statements are true, correct and co plete. X (Signature) OFFICIAL SEAL MELANIE S. PAVLET Notary Public - 3 of ona My co piirM�RkA4P Llv comm, OXOMM No State of /7`/Ze) County of The foregoing instrument was acknowledged before me this day Of , Day of Month Month y- Year (Signature of NOTARY PUBLIC) You must obtain local government approval. City or County MUST recommend event & complete item #20. The local city or county jurisdiction may require additional applications to be completed and additional licensing fees before approval may be granted. 20. I, behalf of LOCAL GOVERNING BODY APPROVAL SECTION (Government Official) (City, Town or County) Department Comment Section: (Employee) (Title) hereby recommend this special event application on (Signature of OFFICIAL) FOR DLLC DEPARTMENT USE ONLY ❑ APPROVED ❑ DISAPPROVED BY: (Date) (Date) (Title) (Date) SPECIAL EVENT LICENSED PREMISES DIAGRAM (This diagram must be completed with this application) Special Event Diagram: (Show dimensions, serving areas, and label type o_ enclosure and securitypositions) P ) NOTE: Show nearest cross streets, highway, or road if location doesn't have an address. I NT r.. American Legion Post 58 16837 E. Parkview Ave. Fountain Hills, Arizona 85268 September 28, 2002 Arizona, Department of Liquor Licenses: The American Legion Post 58 agrees to suspend their Liquor License 14 for the period 1A ---wI - 4I2- i i Mr. Ken Bowman,�v / �Uta•'n'�`� Club Manager ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 1riiL.iyi clili :.uvr 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 4 (602) 542-5141 a (520) 628-6595 APPLICATION FOR SPECIAL EVENT LICENSE Fee = $25.00 per day, for 1-10 day events only A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44-6852) PLEASE NOTE: THIS DOCUMENT MUST BE FULLY COMPLETED OR rr WHA. RF RF.1RTRNF.D DEPT USE ONLY **APPLICATION MUST BE APPROVED BY LOCAL GOVERNMENT LIC# 1. Name of Organization: ! AEV—,KA'7A LCrGYd J"o5-t- 2. Non-Profit/I.R.S. Tax Exempt Number: A'- 4c39/d � 3. The organization is a: (check one box only) Charitable ❑ Fraternal (must have regular membership and in existence for over 5 years) ❑ Civic ❑ Political Party, Ballot Measure, or Campaign Committee ❑ Religious 4. What is the purpose of this event? k"Ils e 5. Location of the event: f (J�3 -7 E fi'n&V e;a ke-, Address of physical location (Not P.O. Box) City County zip OApplicant must be a member of the qualifying organization and authorized by an Officer, Director or Chairperson of the Organization named in Question #1. (Signature re aired in section #18 6. Applicant: Oowln,4 Last First Middle Date of Birth 7. Applicant's Mailing Address: J 7i)S.3 PEL k)kc) fin/ dos A�- Street City State Zip 8. Phone Numbers: (YS'G ) 3._31-5S`S-X 4e ) 93'? 4�t2-Z Site Owner # Applicant's Business # Applicant's Home # 9. Date(s) & Hours of Event: (Remember: you cannot sell alcohol before 10:00 a.m. on Sunday) Date Day 1: /,,a Day 2: Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: Day of Week Hours from A.M./P.M. To A.M./P.M. S 7upe 0R y ey Uco106 11/2000 *Disabled iniAduals requiring special accommodations, please call (602) 542-9027. 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? ❑ YES ONO (attach explanation if yes) 11. This organization has been issued a special event license for _ �ys this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person jo manage the event? ❑ YES IR NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Account for 100 % of the proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25% of the gross _revenues of Alcoholic Beverage Sales. Name Address Percentag e (Attach additional sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this application, pleasecontact contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control barriers if applicable) # Police ❑ Fencing __4 # Security personnel O Barriers 16. Is there an existing liquor license at the location where the special event is being held? YES ❑ NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? 14 YES ❑ NO (ATTACH COPY OF AGREEMENT) nn� LAG,©,� s Name of Business Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page it to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positions. LIA IM 0 ff� Ice, Q* R OVS Ft. H EA P F I F-6 r LAZ-c THIS SECTION TO BE COMPLETED_ONLY BY AN OFFICER, DIRECTOR OR CHAIRPERSON OF I ORGANIZATION NAMED IN QUESTION #1 18. I, �NA1r'Tif L �)Lclnitl Al , declare that I am an OMc ` /Director/Chairperson appointing the W (Print full name) applicant listed in Question 6, to apply on behalf of the foregoing organization for a Special Event Liquor x OFFICIAL SEAL MELANIE S. PAVLET Notary PubOc • State of Arbon MARICOPA 1POU1 My CO St iftso 1!!t. v Date A S--o`Z 93,)-- I kzz (Date) (Phone #) State of lf.el2eW,4 County of The foregoing instrument was acknowledged before me this day of /l�ljy�/EZ IJLb� ay of)/onth� on Year (Signature Of NOTARY PUBLIC) 19. I,-Tj—:,W✓L= rff 15&j1yn/jN declare that I am the APPLICANT filing this application as (Print full name) as listed in Question 6. I have read the application and the contents and all.statements are true, correct and complete. x (Signature) ---x^.aa. �czo OFFICIAL SEAL MELANIE S. PAVLET Mr Notary PubHo - ta of Izona MARICOP My co s i%&diX. State of ,�'Z%Z d 6J,4 County of The foregoing instrument- was aclmowledged before me this day of /1/d164166�� DQ� Day of Month Month Year ^'Z (Signature of NOTARY PUBLIC) You must obtain local government approval. City or County MUST recommend event & complete item #20. The local city or county Jurisdiction may require additional applications to be completed and additional licensing fees before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20. I, , , hereby recommend this special event application on (Government Official) (Title) behalf of (City, Town or County) (Signature of OFFICIAL) (Date) FOR DLLC DEPARTMENT USE ONLY Department Comment Section: (Employee) (Date) ❑ APPROVED ❑ DISAPPROVED BY: (Title) (Date) SPECIAL EVENT LICENSED PREMISES DIAGRAM C his diagram must be completed with this application) Special Event Diagram: (Show dimensions, servingareas and labeltype. )e o. nclosure and security positions) NOTE: Show nearest cross streets, highway, or road if location doesn't have an address. s NT ,1 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 ,,. (602) 542-5141 , (520) 628-6595 APPLICATION FOR SPECIAL EVENT LICENSE Fee = $25.00 per day, for 1-10 day events only A service fee of $25.00 will be charged for all dishonbred checks (A R S 44-6852) Di 'CA QV ATn•rn, .r.yTyn _- • �. ■ �.. l lu.� LV 1. V1V1Llr I 1VJ UO JL Dr, r ULL Y w1VWLLi -t JU VK IF WILL BE RETURNED, DEPT USE ONLY **APPLICATION MUST BE APPROVED BY LOCAL GOVERNMENT LIC# 1. Name of Organization: /Yt 2 i C s/� 4 CC.'1 cy toST L J 2. Non-Profit/I. R.S. Tax Exempt Number: 3. The organization is a: (check one box only) Charitable ❑ Fraternal (must have regular membership and in existence for over 5 years) ❑ Civic ❑ Political Party, Ballot Measure, or Campaign Committee ❑ Religious 4. What is the purpose of this event? 5. Location of the event: 16,93? tARit,Fal Ay c Address of physical location (Not P.O. Box) City County Zip "Applicant must be a member of the qualifying organization and authorized by an Officer, Director or Chairperson of the Organization named in Question #1 (Signature required in section #18) 6. Applicant: j _ /\ �iVltr >•r't L I - g J - 4 Last First Middle' Date of Birth 7. Applicant's Mailing Address: 17cS_7 L�.a �L� De-j- Y 4e,) �Trt),q Ls Street City State Zip 8. Phone Numbers: i!�S?a) t 3 7- e, yzL 1) 9'3 J-s9.)-Y y7— Z, y 2 Z Site Owner # Applicant's Business # Applicant's Home # 9. Date(s) & Hours of Event: (Remember: you cannot sell alcohol before 10:00 a.m. on Sunday) Day 1: Day 2: Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: Lic 0106 11120DO Date /A- 3l-v-• Day of Week Hours from A.M./P.M y1 ern To A.M./P.M. *Disabled inhiduals requiring special accommodations, please call (602) 542-9027. 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? ❑ YES jq NO (attach explanation if yes) 11. This organization has been issued a special event license for J O �ys this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person to manage the event? ❑ YES 4 NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25% of the gross. revenues of Alcoholic Beverage Sales. Name Address Percentage S8 14,,937 c: 1.4die rfJ,��'� tT�l/1� �TL l (Attach additional sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control barriers if applicable) ## Police ❑ Fencing ## Security personnel ❑ Barriers 16. Is there an existing liquor license at the location where the special event is being held? ,� YES ❑ NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use?. YES ❑ NO (ATTACH COPY OF AGREEMENT) "12/C19A/ o /U .S (LIP ) s�� S %s T Name of Business Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page it to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positions. 9 THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER DIRECTOR OR CHAIRPERSON OF 1 ORGANIZATION NAMED IN QUESTION #1 18. I L` NN e_r* declare that I am an Offic /Director/Chairperson appointing the r (Print full name) applicant listed in Question 6, to apply on behalf of the foregoing organization for a Special Event Liquor Li e. X 04112 l *01'Gg� (Signature) (Title/Position) (Date) (Phone #) State of �,P/Z/��iit County of�a�q,�/c��'/� The foregoing instrument was acknowledged before me this OFFICIAL SEAL / MELANIE S. PAVLET day of IJF��/jL o�G�oc� Nota�Iblic COOPState ofW ,m ay of Month on th y� My Co s i ire• liD� �Q�� e t f� 7 (Date) (Signature of NOTARY PUBLIC) THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAAIED IN QUESTION #6 J aa 19. I, 1— E.: l'u"V Z= Tr/ C /�y�N/Y) nl , declare that I am the APPLICANT filing this application as (Print full name) as listed in Question 6. I have read the application and the contents and all statements are true, correct and co plete. X (Signature) OFFICIAL SEAL MELANIE S. PAVLET r Notary Public - State of Arizona My co xpt �I atpLMS N o LO�v Mate) State of AeI2 6VIo4 County of /l/A�jC�/�� The foregoing instrument was acknowledged before me this t'c day of AL/'<�N/���' , Day:Zofonth Mo th Year (Signature of NOTARY PUBLIC) You must obtain local government approval. City or County MUST recommend event & complete item #20. The local city or county jurisdiction may require additional applications to be completed and additional licensing fees before approval may be granted. 20. 1, behalf of LOCAL GOVERNING BODY APPROVAL SECTION (Government Official) (City, Town or County) Department Comment Section: (Employee) (Title) hereby recommend this special event application on (Signature of OFFICIAL) FOR DLLC DEPARTMENT USE ONLY ❑ APPROVED ❑ DISAPPROVED BY: (Date) (Date) (Title) (Date) SPECIAL EVENT LICENSED PREMISES DIAGRAM (This diagram must be completed with this application) Special t Diagram: p 1 Even r gam: (Show dimensions, serving areas, and label type o enclosure and security positions) NOTE: Show nearest cross streets, highway, or road if location doesn't have an address. _t. ;1:,, �: '� J 'Sx �:/ �,{� ir��j ��J>' /�ry,ly "'!'�I i � �\.I,' •r� _1', I ✓�� L"� 11 J \���•1't �f /,.. �J� f � t \ , / .. bn P, os i `"`t � t S8 Parhk,� ' ' l 1 c ' ^✓� . ; J i t : r1 Daurt�'an'' ita 85268 / Septe b 0Q2� 41 Arizona, Depnt of iiquor.i �S l 1 �;,, � r'heuACnencan Legion Pgst'S.8 agrees to tsuspend their 1 Li1. gam, }�Ce�ss� for,thJJe pey}afy}Q Ivlr. K�enBowmanc r a 'Clr� tk rr t� � C J .... � . r 4�, ` � �' � �� `tom �y \ � I ! .. ' • � c / j ` / 1 t,' t IV r � .• J � , � )....� `�^ �� � 1 ` �''" , 1 I ; �,'? l 1, - � \ , I ' ; �.. `. t ' ,1 fta r I^ r� ' ;•r,, t ' , ..v '�';=s.� �:�.eL ,�� � r�•, \ . ,t \ ,'i • (1 %� _ l .�_ `, J�.� �1� •, J _ �f' J JF • f•. � � _�.'�r� r ��. I:� ' ` � � I{,�,j S;. V � I I) IrI i� 1.. •�• f � /•, •� {1 1�i .. r\ / ��,� '��• ��•T���'•�(\ram � � ,l./ J �� �•• ,! t �, .r / / � ' ! l / (' �. T D'SrLAY Ic mbt5TIO� P-H. I Ec JP-' T� &A V! Im Town of Fountain Hills Town Council Agenda Action Form Regular Meeting Mpettng Date. 11/21/02 artrneii Admin Gontnct Person: Hansen Ciin�emt® regular:'❑ ""'�" ` ocu�rt�l�teetLn' �A' xo'al�: Glieck allthat a 1 ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ® Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: V6" nrit l l Ai 'Ate- + ais)« ❑ Education ❑ Public Fitness ® Public Safety ® Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation #QW tWa- *4.) Consideration of the SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Alan Cruikshank for the Fountain Hills and Lower Verde River Valley Historical Society/River of Time Museum located at 12901 North La Montana Drive. The license will be used for a donor reception and fund raising event scheduled for Sunday, November 24, 2002 from 5:00 p.m. to 7:30 p.m. S i Rec `endati ,1 Approve No � Prt .m"-Its V? ' end Back°' r'nind:Iation« To obtain Council approval for the special event liquor license. The application will allow the Historical Society to host a pre -opening reception for their supporters and serve wine to their guests. Since they are selling tickets to cover the overhead, a special event liquor license is required. The application meets the security requirements and complies with statutory and liquor license regulations for a non-profit event. At the manager's request in an attempt to reduce paper, full applications will not be reproduced for the packets. The front page will be included for representative purposes and the full application is available for review in the clerk's office. None Department Head z Town Manager / Designee Hansen memo; application front page Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS ,,. OFFICE OF THE DIRECTOR OF ADMINISTRATION MEMO TO: Honorable Mayor Beydler and DT: November 13, 2002 Town Council TH: Tim Pickering, Town Manager F Cassie Hansen RE: Historical Society/River of Time Special Director of Administration/Town Clerk Event Liquor License The Fountain Hills Historical Society/River of Time Museum is requesting Council approval of a special event liquor license for a donor reception/fund raising event scheduled for Sunday, November 24, 2002, from 5:00 p.m. to 7:30 p.m. The event will be held at the Museum located at 12901 North La Montana Drive. Tickets are being sold for the event to cover the cost of refreshments including alcohol. For this reason, a special event liquor license is required. Alcohol will not be sold on site. Although the special event liquor license is issued by the state, local approval by the Council is required. Review of the application demonstrates that the applicant has made the following provisions: - Security: o Nineteen museum docents will be posted at all entrances to restrict alcohol to the building and courtyard o Docents present at all times to prevent liquor law violations - Licensing Compliance: o Bona fide non-profit, charitable organization o Applicant is a member and authorized to act on behalf of the qualifying organization o Within the ten day per year limit (first event this calendar year) o At least 25% of the proceeds going to the charitable organization making the application This event is more of a reception for museum supporters to preview the facility than an event to raise funds through the sale of alcohol. Per the Arizona Department of Liquor, a special event liquor license is necessary because the cost for the alcohol is being recovered through the sale of tickets. The Risk Manager will insure that a certificate of liability insurance is on file prior to the reception. Based on statutory compliance with the requirements of the special event license, and the nature of the event that benefits the museum, staff recommends approval. E:\MEMOMCOUNCIL\2002\11-21-02 Museum SELL.doc Last printed 11/13/2002 3:22 PM Page 1 of 1 RIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL , t 800 ;W Washington 5th Floor 400 W Congress # 150 i°!i�-)enix AZ 85007 Tucson AZ 85701 (602) 542-5141 (520) 628-6595 APPLICATION FOR SPECIAL EVENT LICENSE Fee = $25.00 per day, for 1-10 day events onlyy I A service fee of $25.00 will be chariked for all dishonored checks (A-R.S. 44-6852) PLEASE NOTE: THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WELL BE RETURNED. 1. Name of Organization:4-a;% K 14, ItS-i' wee M v x j le e LAsriZI SGC S C V-1 /CE 2. Non-Profit/I.R.S. Tax Exempt Number: 3. The organization is a: (check one box only) ® Charitable ❑ Fraternal (must have regular membership and in existence for over 5 years) ❑ Civic ❑ Political Party, Ballot Measure, or Campaign Committee ❑ Religious 4. What is the purpose of this event? l`'enor o11e,-S A� a (.t �, e IM D e(e,'1Ur i.luS e-tttlk osSI, b 6( Yi 2t c� `t{,c4 r o f +� 5 S yt o e ✓ l l" �6 vti ; �tv C' v C3vt�vIbc F�-� S"( lfA2T�r3�C— vs�lD 2�Pisi�F 5. Location of the event: ( ` o ( L a M o &n �` f a Ifi 111M�s r, a gSZ . Address of physical location (Not P.O. Box) City County Zip 5. Person making application: C-R--u i 1-1--S L , «,04— Last ^ First Middle -Date of Binh t-ts7. Applicant's MailingAddress:p- �x1-tg `f *IMPORTANT*RTANT* Street City State Zip 8. Phone Numbers Only: (476) F37- Z 12 (V&) 937- l9 25 Leg & (o --13 -7 7 Site Owner # Applicant's Business # Applicant's Home # 9. Date(s) & Hours of Event: (Remember you cawwt sell alcohol before 10:00 a m. on Sunday) Date Day of Week Hours from A.M./P.M. To A.M./P.M. Day 1: 40YE146e-r &:2 !ct , = O T' M Day 2: Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: uc 0106 *Disabled individuals requiring special accommodations, please call the Department. 1L97 EWPORTANT: You must obtain local government approval. See #21. 10. Has government recommendation been obtained? M1 . 0 YES ❑ NO City or County must recommend event & complete item #21. 11. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? ❑ YES ® NO (attach explanation if ,M) 12. This organization has been issued a special event license for days this year, including this event (not to exceed 10 days per year). 13. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25%. Name Address Percentag -4�tvex- iWf- Atuseuwl ( Z q o� , C,� otnfiav�a 00 0 �U 1 fps �2-- (Attach additional sheet >f necessary) 14. Is the organization using the services of a promoter or other person to manage the event? ❑ YES 0 NO If yes, attach a copy of the agreement. 15. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 16. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control barriers if applicable) # Police 14 Fencing # Security personnel ,P5- Barriers 17. Is there an existing liquor license at the location where the special event is being held? ❑ YES NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? ❑ YES ❑ NO (Attach copy of agreement) Name of Business Phone Number 18. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page it to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positions. NOTE: Contact your local city. or county jurisdiction as there may be additional licensing fees and applications to be completed beforeapproval may be granted.. L 20. �, 1-(Print full name) . A LA&L Clio t W -f/k` g first duly sworn upon oath, hereby depose, swear and declare, under penalty of perjury, that I am the APPLICANT making the foregoing application as listed in Question 6, and that the application has been read and that the contents thereof and all statements contained therein are true, correct and complete. X t&0�' ` (Signature) My commission expires on: % Date) SUBSCRIBED IN MY PRESENCE AND SWORN TO BEFORE ME this day of Qmt,/a2.� }� .y (Signature 01=1ARY P M _tC) --------- OFFICIAL SEAL Notary Public - State of Arizona MARICOPA COUNTY My com. expires May 13, 2006 21 • i, �4 a r S cy. :-rcwn Oerg ,hereby recommend this special (Government O>3'rw) Ctuie) 1 event application on behalf of Fot A rn-5 m n 1.�- (City, Town or Couruy) u 4X (Signature of OFFICIAL) (Date) Department Comment Section: (ErPlo)'ee) FOR DLLC DEPARTMENT USE ONLY ❑ APPROVED ❑ DISAPPROVED BY (Title) (Date) (Date) :.SPECIAL EVENT LICENSED PREMISES DIAGRAM (This diagram must be completed with this application) Special Event Diagram: (Show dimensions,.serving areas, and label type of enclosure and security positions) NOTE: Show nearest cross streets, highway, or road if location doesn't have an address: trdjV S� 1f ►NCB -y I�,.xct r3Q C�NCF T.E,,�� D. �oURTfflRDCiiL °U�TYA ► W for outcknr. - • .. S!°� � Aeh �cre�oKact;vitvtS -: r 14xlst� • li fir' ~ � ,-.r� / .. t�. o� %% Museum Wm^1ry F1WCU11:"TfijjjjLE Off' Ffl�T ©F40rioR N AReA 9r DO( N° the O)'W%L t STOM DUCE 14'�24't 14'xZZ' a)Wive STOM r%- �INSI 7WtUKG E607 OBY ��IeNxfrnrCrlocl MW. QI OY r1ke 54r LW14G �u �F�' Sy . $T°PdiQ INSIAtr (`Iuf. $Y�Dom A OOmn1 t.. "LL-DoOK , oA= A A6 Q3 ,W GI° D�/,p�C ORIEMTLraJ 900715 04 �Si L(�j, °Cs7 ptT(��ULTffi, 71�Wt7iCC��� � X�O� �� 11.5(1l�ITf,•1ii�LlCHT `(AYRf711 p �. 'tl�1tT'RDOKS,�PI-°KEtZS'f��PpEE�s-� "+. tICN,SWu1JNC�MUTA ��(( NELT DNh r-1k,r,, UTTLJa t �SC'G11•C(tESERvATioN �P1Tt•ltl�U'� Ir 1"�O�we �`likv PAI imck gyp, "TFc°CY; ^"`, F J%"'.)GNKy �1 ?ZX��YYp1 ��6i s s Y�a+r►e.cua.,cse,� • i k ��/ %�j .� ji►VaKs : PEG,.tiE�+�, Mhle�. S 7�eES CN11I�tT 11ltl,l : ` PjUSFUM ST0. ; 7o�4101i + I 1001TA/ ✓ 4 c 4 6 12 K, Zo 14rMT + exlt 4 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Com. Dev Consent:❑ Regular:❑ Meeting Date:, 11/21/02 Contact Person: Dana Burkhardt, Senior Planner Requesting Action:® TVDe of Document Needin>� ° 6"'i roval. (Check all that appl ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Priority (Check Apnrouriate'Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ® Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda; Wording: Consideration of the FINAL PLAT for the Replat of Final Plat The La Montana Crossing Condominiums, located at 16726 La Montana Dr., aka The La Montana Crossing Condominiums, Case Number S2.002-42. Staff Recommendation:. Approve Fiscal Impact: No Purpose of Item and Backgroii &Information This is a request for final plat approval for "Replat of Final Plat The La Montana Crossing Condominiums" a 15-unit residential condominium project currently under construction. The applicant has requested a revision of the site plan which would move Building "B" to the east by approximately 2 feet. This request meets all applicable zoning regulations, staff recomends approval of this Replat. N/A Signatures of Submittin- Staff Depa tment Head Town Manager / Designee Staff Report; Application; Final Plat Reduction Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT TOWN COUNCIL MEMO TO: Honorable Mayor Beydler and DT: November 13, 2002 Town Council FR: Dana Burkhardt, Senior Planner RE: Case # SU2002-48; Replat of Final Plat The La Montana Crossing Condominiums LOCATION: 16726 E. La Montana Dr.; aka. La Montana Crossings Condominiums REQUEST: Consider the Final Plat for "Replat of Final Plat The La Montana Crossing Condominiums", a 15-unit condominium project. DESCRIPTION: OWNER: David Vidalin APPLICANT: David Vidalin EXISTING ZONING: "R-3" EXISTING CONDITION: Under Construction LOT SIZE: 46,401 square feet SURROUNDING LAND USES AND ZONING: NORTH: Cambria court Condominiums and undeveloped lot; zoned "R-3" SOUTH: Goodwill Shopping Plaza; zoned "C-2" EAST: Northstar Condominiums; zoned "R-3 WEST: The Crossings Commercial Shopping Plaza; zoned "C-2 P.U.D." SUMMARY: This request is for approval of the Final Plat for "Replat of Final Plat The La Montana Crossing Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project has limited off -site public improvements, a "fast track" process is being allowed. The owner, David Vidalin, has chosen to replat a previously approved and recorded condominium plat for a 15-unit multiple family residential complex. On August 15, 2002 the Town Council approved The La Montana Crossing Condominiums Final Plat. The applicant has requested to Replat this condominium to reflect a building location revision which shifts Building `B" to the east approximately two feet. This project has been permitted for construction, however, the applicant is waiting to receive final plat approval prior to commencing construction of the buildings. The units will have a maximum livable area of 1,372 square feet, a minimum livable area of 1,096 square feet and a covered patio. Each unit will have two designated parking spaces on -site. RECOMMENDATION: Staff recommends approval of S2002-048; Final Plat "Replat of Final Plat The La Montana Crossing Condominiums". r 1: 02 The Town of Fountain HAN1, S ° COMMUNITY DEVELOPMENT DEPARTMENT Case manager: Only 9 �,o Fountain Hills, Arizona ,90 ee�,w� mat is APPLICATION... =. _ Area Specific Plan or Change Preliminary Plat General Plan Amendment Cut/Fill Waiver Plan of Development Special Use Permit Zoning Change SU Comprehensive Sign Plan - Variance HPE Change or Abandonment NATURE OF THE , EQUEST: PROJECT NAME Mrs. Applicant: Day Phone Mr. A6d to /,/. n _ Ms. Address: �� /Jc City" u State: z Zip: �SZ Mrs. Owner: Day Phone Ms. s, Address: ZZU KQ Z fir?i City: ( 1/ State: �— Zp: Ifapplication is being submitted by someone other than the owner of the property under be completed, consideration, the sention belowmust SIGNATURE OF OWNER DATE I HEREBY AUTHORIZE 41 TO FILE THIS APPLICATION. Please Print \\ Subscribed and sworn before me this �_ day ofC�b My Commission Expires - NotaryPffilic C ING DATE: FEE PAID: ACCEPTED BY: (See Fee Schedule) Application Page 2 of 7 Case Ni .,. PBA 1 02 The Town of Fountain Hills LEGAL DESCRIPTION - / D ?)t Plat Name n,Block / Lot PROPERTY ADDRESS l 7 VA G c L S /01 PARCEL SIZE (Acres) �- NUMBER OF UNITS PROPOSED EXISTING ZONING: �, -5 .- / S ASSESSOR PARCEL NUMBER l 7 Z Z -99 TRACTS PROPOSED ZONING —42- Application Page 3 of 7 Case Number 0 I o roleit .e Ni i p �ME— map I ■; I�i f� t p M 111� � i` R �"i e e !�i "■ i " � ON! ir M Z Q W F9 Fi: i 11 lilt r xr- 1 i I ceceecccc ccecceccc c e uurirrr «rrrrrrr r r '11AW FM I II#Im Now s Town of Fountain Hills Town Council Agenda Action Form Regular Meeting Com. Dev. is t ® Regular:❑ TvriePolD"ocument=N'eedin�=Atiproval(C;hecl�altth'�t�`ainl 11/21/02 Dana Burkhardt, Senior Planner ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: iouriilPrioritY (Check ApprraFritieAreas) ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ® Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda "or : Consideration of the PRELIMINARY and FINAL PLAT for the 45-unit Fiesta Casitas Condominiums, located at 16354 Palisades Blvd., aka Lot 16, Block 1, Final Plat 102, Case Number S200247. 9 ff=Recomni e-n lation`:' Approve No $ l'if ""d 'se,ofeltein- and Backtri aundtlnformatioii This is a request for preliminary and final plat approval for "Fiesta Casitas Condominiums", a 45-unit residential condominium project currently occupied. The Planning & Zoning Commission and Staff recommend approval of this condominium subdivision. ef'si�of pi sentatioit N/A Sid a�49tibmittin Buff: Dep rtment Head Town Manager / Designee Staff Report; Application; Final Plat Reduction Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT TOWN COUNCIL MEMO TO: Honorable Mayor Beydler and DT: November 13, 2002 Town Council FR: Dana Burkhardt, Senior Planner RE: S2002-047; Preliminary and Final Plat "Fiesta Casita Condominiums", a 45-unit multi -family project LOCATION: 16354 Palisades Blvd.; aka. Lot 16, Block 1, Plat 103 DESCRIPTION: OWNER: APPLICANT: EXISTING ZONING: EXISTING CONDITION: LOT SIZE: Anderzej Kolasa David Montgomery "R-3" Completed and Occupied 134,624 square feet SURROUNDING LAND USES AND ZONING: NORTH: Vista Montana Casitas Condos; zoned "R-3" SOUTH: Wells Fargo Bank & Shopping Plaza; zoned "C-2" EAST: CCWC Well #10; zoned "R-3" WEST: Multiple -family residences; zoned "R-3" SUMMARY: This request is for approval of the Preliminary and Final Plat "Fiesta Casitas Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project has limited off -site public improvements, a "fast track" process is being allowed. The owner, Anderzej Kolasa, has chosen to convert a 45-unit multiple family residential complex and record a Declaration of Condominium to sell the units individually. The units have a maximum livable area of 1,042 square feet, a minimum livable area of 930 square feet and a covered patio. Each unit has two designated parking spaces on -site. This project was built under building permit #1994-1037 RECOMMENDATION: Staff and the Palnning and Zoning Commission recommend approval of S2002-047; Preliminary and Final Plat "Fiesta Casita Condominiums". A 9 TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT ;ELIMINARY PLATrAPPLICATIONr`_ Date Filed 9-Z (O - a ?_ Plat Name/Number PLAT < n l3 Lis c 3lc Parcel Size Number of Tracts p t r Fee Paid a-l0p,�o General Plan Land Use Designation MLt LT( 1=A77, tL j Density Requested (Dwelling Units Per Acre) Applicant Address Ica Address Co Accepted Number of Lots 4S Uitr �T! Zoning City City C-A . c Day Phone ST Zip 4 - s sup Day Phone ST Zip Sc 1 Gnet Attachments (Please list) 2-0 -t, — PIL-+r 2-S'p-31r. Signature of Owner I HERBY AUTHORIZE (Please Print) Date FILE THIS APPLICATION. Subscribed and sworn before me this 2-s' day of S -en "f . ZOU2 p �,31 _Qse Notary ublic Mv Co Expires OFFICIAL SEAL GAIL OLIPHANT Notary Public - State of Arizona i MARICOPA COUNTY My corn. expires Aug. 31, 2005 Seal Schedule Attached TFH Case Number bw 5ol� 4 _q -7 lau isawsnp�6N uro :;�ow_a a3,0o-1V�d wNl1 0 floe S30VSIIV evvo-ccw (ow) -cro (aw) d 4Si9 i B9Z99 VNOZI8V NIV1Nn03 - ' 0310N SV = v0Z 311ns 3AV M3NHard "3 9L 4- �'' is naa 9 M 'l >{zme 'i01 iV LL O'TV '1Ni1130'11Nr11 T tram N10119 ; lO-SI-s NyV 110 AQeV V o2lwnw 8MfUMINOONOO Sr11Sr0 v1S3u s , a p g R € F!! Fa!rll1a� ..4 02lir3 NI 10 a Jp i r z i §n bp,C„ 4g g Y$ Zi le- ew rYy�tgY�yy��, �� ° l}�i:E€�By•�r�� ifs b E��8�� $7- �a�y e-ba��€gb 3� b42 # sle Q0 8� Y ` Y YdWZ. b;SC i-x ERR �IRRRR yRif yR �Ino ]AASA ]h eoz>ut S18 8v838,Z/! oNnoj �. 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Town of Fountain Hills Town Council Agenda Action Form Regular Meeting Administration Con sent: Regu€Y�i, Z Meeting Date: 11/21/02 Tvpe of l um nt Needing pibi if ahedk-all -that avvl ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: Presentation Couzic ,,, „ : ' A ' ri iiate;Areas ❑ Education ❑ Public Fitness ❑ Public Safety ® Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Cassie Hansen ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation leula�ittrl€ oridnt PRESENTATION OF CERTIFICATES OF APPRECIATION to nine organizations and businesses that have been actively and continuously participating in the Town of Fountain Hills Adopt -A -Street Program since 1997: Coldwell Banker Desert Sunrise, Cub Scouts Webelos Pack #243, Aquatics Unlimited Swim School, Mike's Tire and Auto, Bercel Builders, Four Peaks Rotary Club, Sunset Kiwanis, Church of Jesus Christ of Latter Day Saints, and Stephens Realty. Approve No $00 Purpoge offtemnri i k' t�i' fi& i nti nation: To award certificates of appreciation to nine organizations and businesses that have been actively and coonitnuously participating in the Town's Adopt -A -Street program since 1997. This recognition is to thank these groups for their outstanding efforts directed towards keeping our town clean and beautiful for the last five years. List-A11 Attacfin eh&,a&E "611oWs press release oral Department. Head., el `C) Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) PRESS RELEASE PRESENTATION OF CERTIFICATES OF APPRECIATION TO ADOPT -A -STREET COMMERCIAL PARTICIPANTS At the Town Council meeting on November 21, 2002, certificates of appreciation will be awarded by the Adopt -A -Street Committee to nine participants who have been actively and continuously involved in the business/group program since 1997. This recognition is to thank these groups for their outstanding efforts directed towards keeping our town clean and beautiful for the last five years. Following is the list of businesses/organizations that will be receiving certificates: Coldwell Banker Desert Sunrise Cub Scouts Webelos, Pack #243 ,, Aquatics Unlimited Swim School Mike's Tire and Auto Bercel Builders Four Peaks Rotary Club Sunset Kiwanis Church of Jesus Christ of Latter Day Saints Stephens Realty Sign Up Date -January 7, 1997 Sign Up Date - January 22, 1997 Sign Up Date - February 24, 1997 Sign Up Date - March 13, 1997 Sign Up Date - June 5, 1997 Sign Up Date - June 23, 1997 Sign Up Date - July 1, 1997 Sign Up Date - July 9, 1997 Sign Up Date - September 9, 1997 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 11/21/02 Submitting Department: Marshals Contact Person: Todd Tate Consent:❑ Regular:® Requesting Action:® Tvve of Document Needing Annroval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ® Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Annronriate Areas): ❑ Education ❑ Public Fitness ® Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only: El ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: Consideration of disapproving a U.S. Department of Justice grant for additional officers for the Town of Fountain Hills Staff Recommendation: Disapprove Fiscal Impact: Yes $98,395 Purpose of Item and Background Information: Staff cannott recommend acceptance of the grant, without an alternative funding mechanism. List All Attachments as Follows: Memo Type(s) of Presentation: Oral Signatures of Submitting Staff: �''�b 114T-E �r��'Za 4zw Department Head Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) Town of Fountain Hills Council Action Meeting Date:D�- Public Hearing began: am/pm (iliw Public Hearing ended: am/pm �'4- Roll Call Agenda Item #(s) el d: -l.lm a E 4 'C' Fraverd, Vice MayorACtOn "aken Kavanagh pproveW Denied Melendez a led Date: Nicola Continued Date: rL''e'D6r r 4- e♦r.. cr rr t A4 I betua,,i iLC.t Roll Call Archambault Be dler, May, Fraverd, Vice Kavanagh Melendez Nicola &V n P� t 4 At h-. ots t It +i c:lr am, cs r-• `+ -) V � Approved Denied Tabled Date: Continued Date: ton Taken: Approved Denied Tabled Date: Continued Date: TOWN OF FOUNTAIN HILLS OFFICE OF TOWN MARSHAL INTER OFFICE MEMO TO: Tim Pickering, Town Manager DT: November 14, 2002 FR: Todd Tate, Interim Town Marshal RE: COPS Universal Grant BACKGROUND: The purpose of this memorandum is to provide law enforcement information needed to make a recommendation to the Council regarding acceptance of a United States Department of Justice COPS Universal Grant. The grant would provide $375,000 for five new, additional full time officers over the next three years while the Town's portion would be almost $380,000 over the same period. Universal Hiring Grants provide 75% of the approved entry-level salary and benefits of each officer with the maximum federal contribution of $75,000 per officer over the three-year period. The Town must notify the Department of Justice by December 5`h if we intend to accept the grant. Grant application information can be obtained at website: www.cops.usdoj.gov. COSTS: The total salary and benefits for an officer for one year is $48,379. The federal share of total salaries and benefits must decrease each year while the local funding must increase, leading to full local financial responsibility after three years. Federal Amount: Town of Fountain Hills Amount: (Per Officer) (Per Officer) (Per Five Officers) Year One: $28,700 $19,679 $98,395 Year Two: $25,111 $25,189 $125,945 Year Three: $21,189 $31,128 $155,640 Year Four: 0 $52,317 $261,585 NEEDS: Time Allocation Time allocation for the Marshals Department is unique. The primary responsibility for most officers is ordinance enforcement. However, time accounted for in ordinance enforcement is only when an officer is at a given location and includes the report writing associated with an ordinance violation. A great deal of patrol time is ordinance enforcement, either in going to each location or proactively finding violations. The following is the average time allocation for Marshals Department officers. Ordinance Enforcement Patrol: Combined Total: 14.34% Training/Administrative: 29.22% 27.64% Court: 9.35% 41.98% Special Events: 2.15% Crime Prevention: 5.43 % School: 11.78% Community oriented policing services involve a partnership between law enforcement and residents in an attempt to reduce crime, resolve disputes and increase a sense of security. Additional officers would help achieve this goal, particularly in the area of ordinance enforcement and crime prevention. Ordinance Enforcement Records show that officers spent an average of 14.34% of their time working ordinance cases. However, if the time spent looking for violations or time spent traveling between the violations and follow-ups on open cases is considered, the combined total would be higher. Report Totals 2000 3030 reports 2001 2416 reports 2002 1844 reports Untended areas of the community will generally lead to a breakdown of neighborhood control, resulting in areas of the community that will become overrun with ordinance violations. Additional officers would represent increased visibility and accessibility with the public, reducing the number of ordinance violations. Response Times Response times for the Marshals Department are somewhat different than most law enforcement agencies. Most calls are non -emergency calls not requiring immediate response. The exceptions are calls involving public safety, such as vicious dogs at large or traffic control for power outages or flooding. Other exceptions include disturbance calls, such as loud music or barking dogs. Finally, dumping in progress or requests from the public, MCSO or Rural Metro Fire for assistance also requires an immediate response. A review of Marshals Department records showed that during the year 2000, 84.5% of all calls for service were handled in less than 15 minutes. In 2001, statistics show the department responded to 83.79% of all calls for service in less than 15 minutes. As of October 2002, records indicate we have responded to 83.31 % of all calls for service in fewer than 15 minutes. Response times 0-15 min 16-30 min 31+ min Yearly CFS Total 2000 3147 111 466 3724 2001 3842 147 596 4585 2002 (Jan -Oct) 3056 127 485 3668 Proper response times are being met with current staffing. Property Crimes A review of property crime statistics from the MCSO and the Marshals Department for the year 2000, 2001 and the first nine months of 2002 revealed that property crime has risen steadily. MCSO FHMD 2000 318 2000 10 2001 364 2001 31 9/2002 331 9/2002 42 Projected 2002 439 Projected 2002 54 While it is difficult to predict with accuracy, additional officers on the street will help reduce property crime by providing increased visible patrol, particularly in problem areas. Drug Offenses MCSO statistics revealed that cases involving drugs declined from 59 in 2000 to 45 in 2001. Additionally, drug cases declined from 37 offenses in the first nine months of 2001 to 35 in the first nine months of 2002. Marshals Department drug cases rose from 24 in 2000 to 39 in year 2001. There have been 10 cases involving drug activity through the first nine months of this year. As with property crimes, it may be difficult to accurately predict the impact additional officers would have on overall drug use and/or drug arrests. Due to current decreases in the level of drug related cases, our current level of service is meeting this need. However, additional officers can only help to deter overall drug activity in neighborhoods in general and in problem areas where there have been prior offenses. Crime Prevention Currently, the Community Service Division is comprised of a sergeant and two officers who perform the majority of the department's crime prevention efforts. Due to the fact that the department's primary responsibility is ordinance enforcement, a great part of their time is spent on ordinance enforcement, directed patrol in the school zones and some administrative functions for the department. These tasks routinely take them away from crime prevention efforts. These officers make presentations on a wide variety of topics at schools, perform home and business security checks, maintain the Block Watch program and participate in youth programs including maintaining an Explorer post. Additional officers would free up more time for these officers to provide services they have had to cut back on. These include more consistent contact with the business community as well as theft assessments and better dissemination of crime prevention information to the community. While crime prevention needs are difficult to measure, the Marshals Department currently meets its obligation in terms of providing the highest level of crime prevention services with less overall staff. Traffic Data A comparison of the accident rate from 1999 through September of 2002 showed that it did not change significantly. 1999 219 (151 Non -injury, 67 Injury) 2000 213 (162 Non -injury, 50 Injury, 1 Fatality) 2001 208 (137 Non -injury, 71 Injury) 9/2002 156 (127 Non -injury, 28 Injury, 1 Fatality) In regards to speed data, the engineering department conducted speed studies at two locations on Saguaro and Fountain Hills Boulevards and on Golden Eagle Boulevard. A total of 243,000 vehicles were recorded in the study. The data revealed during the survey indicated that at any given location 50% of the drivers are at or below the posted speed limit. Average speeds ranged from 3 to 8 miles per hour above the posted speed limit. The most significant violations are on Saguaro Boulevard. Ten percent of southbound traffic at El Lago is greater than 52 miles per hour. Lastly, 10% of northbound traffic at Kingstree Boulevard is at or above 55 miles per hour. The latest studies indicate that average speeds are increasing. Traffic enforcement citations have decreased considerably since the year 2000. Marshals Department citations have decreased greatly since the Marshals staff was reduced. Year MCSO FHMD Total 2000 2,484 2,393 4,877 2001 1,986 1,787 3,773 9/2002 1,264 539 1,803 While accident rates are unchanged, additional speed enforcement will help reduce speeds on local streets. BUDGET CONSIDERATIONS: The Town portion of the funding for the grant was not included in this fiscal years budget. There are currently no funds available to pay the Town's share of the officers' salaries and benefits. RECOMMENDATION: In summary, areas where we have needs and areas where we are meeting needs are outlined as follows: NEEDS • More time spent on ordinance enforcement • More resources to combat rise in property crime • More speed enforcement MEETING NEEDS • Response time • Due to the fact that reported cases are down, our staffing is addressing our current level of drug activity • Crime prevention It is our initial understanding that we cannot reduce the Sheriffs contract by a beat and hire additional Marshals Department Officers. The government calls this supplanting. The Town Attorney is reviewing the document and issue. He will provide a report next week. At the end of the three years or in fiscal year 2006-2007 the Town of Fountain Hills will have to pay the full cost of the officers' salaries and benefits, which is a cost of about $262,000. Given the Town's current financial status, an expanding funding mechanism will be required in order to pay the officers. Staff cannot recommend acceptance of the grant, without an alternative funding mechanism. Staff is requesting a motion by the Town Council to accept or deny the grant. U.S. Department of.lustice Office of Community Oriented Policing Services COP49 CONNUNITV OR/ENTEO POLICING SERVICES U.S. OEPARTNENT OR JUSTICE COPS Application Booklet www.cops.usdoj.gov Universal Hiring Program 2002 Application Booklet Postmark deadline dates for Universal Hiring Program 2002 applications: May 24, 2002 — Priority consideration deadline June 21, 2002—Secondary consideration deadline U.S. Department of Justice Office of Community Oriented Policing Services Carl R. Peed, Director OMB Approval Number: 1103-0027 Contents r .application Form............................................................1 Retention Plan Certification..................................................... .assurances.................................................................9 Certifications...............................................................11 Disclosure of Lobbying .activities ................................................. 13 Waiver Information Worksheet.................................................. 15 Budget Information Worksheets ................................................. 1; Community Policing Information Worksheet........................................ 33 Paperwork Reduction Notice .................................................... 43 Sheriff's Department Questionnaire................................................t5 Special Department Questionnaire ................................................ 47 Start -Up Department Questionnaire ............................................... 49 IM IM Application Form PLEASE READ THIS BEFORE APPLYINGI The following application pages and attached forms are to be completed by jurisdictions wishing to apply for federal assistance to pay for the salaries and benefits of additional, new police officer position(s) under the Universal Hiring Program. Universal Hiring Program grants provide 7 5`%0 of the approved entry-level salary and benefits of each newly hired additional officer position hired on or after the award start date. There is a maximum federal contribution of S75,000 per additional officer position over the three-year grant period. Any additional salary and benefits must be paid with local funds. A minimum 25% local match is required (unless a waiver of the local match is authorized). The match must be a cash match from funds not previously budgeted for any law enforcement purpose. The federal share must decrease and local share must increase from year to year over the three-year period. .all budget calculations must be based on the authorized salary of an entrv-level officer in vour department. Postmark deadline dates for Universal Hiring Program 2002 applications: May 24, 2002 — Priority consideration deadline June 21, 2002 — Secondary consideration deadline As indicated above, applications postmarked on or before :May 24, 2002 will be given priority consideration for Fiscal Year 2002 funding. Applications postmarked after May 24, 2002, but before June 21, 2002 will receive secondary consideration. All grant awards are subject to the availability of funds. .applications postmarked after June 21, 2002 will not be considered. Applications must be typed; submit one original and two copies of all materials. The original application must have original signatures on all application documents. It is not permissible for someone to sign application forms in place of the law enforcement and/or government executives named in the application. Stamped or electronic signatures will not be accepted. Applications with missing, incomplete or inaccurate responses may not be considered for funding. For assistance with this application, please contact your COPS Grant Program Specialist at 1.800.-411.6"-0. Universal Hiring Program Application Booklet I. General Information .Applicant Organization's Legal Name: FOUNTAIN HILLS MARSHALS DEPARTMENT Applicant .agency ORI Number: A 7 Z_0_. 0 7 5 6 The ORI number is assigned to your agency bi, the FBI for purposes of CCR crime reporting. It begins with tour state abbreviation followed by free digits. tf your agency does not hare an ORI number, leave this blank, and the COPS Office will assign one to you. For frtrther clarification. please refer to yourApplication Instructions.11anual on page 14. .Applicant Agency EIN Number: 8_6 0 6 5 0 1 5 0 The E1,V number is assigned to your agency bt the Interval Revenue Semice (IRS) and consists of nine digits. If the Office ofJustice Programs leas assigned.your department tint E1.V number, please use that assigned number. Otherwise. Your IRS Et.V number should be used For frtrther clarification, please refer to_ our.Application lnstructions.Uanual on pgge 13. Federal Congressional District Number: 6th DISTRICT OF ARIZONA Do not substitute state or local congressional districts. Is your agency contracting for law enforcement services? [ ] Yes tX I No 1f "yes, " enter the name and agency information of the contract law enforcement department in the E.recutive Information section on page3. Forfurther clarification in determining if this applies to your agency, please see page 13 of theapplication Instructions .tlanual. In the space below. please provide a brief explanation of tour agency's inabilitn to implement this project without Federal assistance. The Fountain Hills Marshals Department is the Municipal Law Enforcement agency for the community. The community, located in the Phoenix Arizon Metropolitan area, has experienced over 100% growth over the last decade. In an attempt to keep pace with this growth and development, the community has employed a series of grants for community oriented policing services and retained every officer upon expiration of the grants, as the community enters the decade which will result in build -out, this is the only method available to keep pace with growth until the community development tops out at 30,000 people. Pki Application Form II. Executive Information The law enforcement and government executives that appear in this section must be those individuals who will have ultimate financial and programmatic authority for this grant. Tvpicallv, these are the highest-ranking officials within your jurisdiction (e.g., Chief of Police, Sheriff, or equivalent for law enforcement executives, and Mayor, Citv Administrator, or equivalent for government executives). Listing individuals without ultimate financial and programmatic authority for the grant could delay the review of your application, or remove your application from consideration. Law Enforcement Executive's Name: Todd Tate Town Marshal Agency Name: Fountain Hills Marshals Department Address: 16836 E. Palisades Blvd. City: Fountain Hills State: AZ Zip Code: 85268 Telephone:480-837-8800 Fax: 480-837-8251 E-mail (if applicable): ttate@fh.az.gov Type of Law Enforcement .agency: )0 Municipal 0 State 0 County Police Department O Sheriff* 0 Tribal* O Transit* O School* O University/College* (0 Public or O Private%) O Public Housing* 0 New Start -Up* (please specify): 00ther* (please specify): *.-lgencr hpes urtb cup asterisk nest to them must complete the additional questionnaireybund at the back of-tliisapplication Booklet. and include it with the application. Government Executive's Name: Roy Pederson Title:Tnwn Manage Name of Government Entity:TnUlm of ,,,,+-ate Hills Address: 1 6 8 3 6 E_ P a 1 1 4 a (J c P l vrl City: Fountain Hills State: AZ Zip Code: 85268 Telephone: 480-837-2003 17ax: 480-837-3145 E-mail (if applicable): rpederson@fh.az.gov Type of Government Entity 0 State 0 City O Village 0 Borough 0 Region 0 Council 0 Nation 0 School District 0 Other (please specify): Contact Information: JCTown 0 County O Township O Territory O Community O Pueblo Contact person in your department who is familiar with this grant: Name: Todd Tate Title: down Marshal Telephone: 480-837-8800 Fax: 480-837-8251 E-mail (if applicable): ttate@fh.az.gov Universal Hiring Program Application Booklet Department Information Population served as of 2000 U.S. Census: 2 0 , 2 3 5 Current population if different: 23,100 and square miles covered: E.rclude the population and square miles primarily sen-ed by other law enforcement agencies within your jurisdiction. For e-rample, a sheriffs department must erclude populations and areas covered by a city police department for which the sheriffs department has no priman, law enforcement authority. Current budgeted locally -funded sworn force strength as of the date of application: Full-time officers: 17 Part-time officers: 0 The budgeted locally--fnunded sworn force strength is the number of sworn officer positions your department has allocated for its budget, including state and locally -funded vacancies. Do not include unpaid/reseme officers, COPS -funded positions (unless they are in the locally funded retention period), or detention staff unless they perform police functions. Current actual locally -funded sworn force strength as of the date of application: Full-time officers: 14 Part-time officers: 0 The actual locally--funnded sworn force strength is the actual number of sworn officer positions employed by your department as of the clate ofapplicatio►:. Do not include vacant state or locally - funded positions, COPS -funded positions (unless they are in the locaUv-fronded retention period). or unpaid/resen•e positions. IV. Officer Request Information What is the total number of new officer position(s) your agency is applying for with this Universal Hiring Program application? Full-time: 5 Part-time: 0 }our request should be consistent with.rour agency's law enforcement needs. Do not request more positions than your agency can realistically support. "Total amount of federal funds requested for all full-time and part-time officers: 375,000 From Page 29• Box a on Budget Information Worksheets *Total non-federal matching funds required (local share): 379,980 From Page 29, Box B on Budget Information Worksheets *To answer these questions, complete and refer to the Universal Hiring Program 2002 Budget Information lorksheets provided in thisApplication Booklet. Is your agency requesting a waiver of the local match requirement due to severe fiscal distress? [ I Yes [xl No If yes. " provide written justification as required per the Universal Hiring Program Waiter Information irorksheet. For further information, please refer to the "Guidelines for Waivers of the Local.Natch" section in the,tpplieation InstructionsManual, page 5. Requests for a waiver of the local match submitted without supporting documentation will not be considered. 4 Application Form V. Required Signatures By signing below, I certify that the information provided on this form and on the attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS grants may result in fines, imprisonment, debarment from participating in federal grants or contracts, and/or any other remedy available by law. Additionally, [ understand that prior to any grant award. my agency must comply with all application and program requirements of the Public Safety Partnership and Community Policing act of 1994 and all other requirements of federal law. sty signature certifies that this application requests funding only for officer positions which would not otherwise be funded in my agency's budget with state or local funds. Law Enforcement Executive's Signature: �L/ Date: r o (Signatuf person name in Section II of this form) Government Executive's Signature: Date: a Z (Signat a of person named in Section lI of this form) Send one original and two copies of all application materials. Refer to the Universal Hiring Program 2002 Application Checklist to ensure that all required documents are being submitted. Completed applications should be sent to: Universal Hiring Program Control Desk U.S. Department of Justice, Office of Community Oriented Policing Services 1100 Vermont avenue, NW 8th floor Washington, DC 20530 (use zip 20005 for overnight mail) Vote: Original signatures are needed on the original application to process all funding requests. Fared copies will not be accepted. :applications postmarked after the final application deadline date will not be considered. Please be advised that a bold may he placed on this application if it is deemed that the applicant agency is not in compliance ncith f eleral civil rights laws and/or is not cooperating ccitb an ongoing federal civil rights investigation. 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(CD — cn .i n Assurances Assurances Several provisions of Federal law and police apply to all grant programs. We (the Office of Community Oriented Policing Services) need to secure your assurance that You (the applicant) will comply with these provisions. If You would like further information about anv of the matters on which we seek Your assurance, please contact us. By Your authorized representarive's signature, You assure us and certify to us that You will comply with all legal and administrative requirements that govern the applicant for acceptance and use of federal grant funds. In particular, You :assure us that: 1. You have been legally and officially authorized by the appropriate governing body (for example, mayor or city council) to apply for this grant and that the persons signing the application and these assurances on your behalf are authorized to do so and to act on your behalf with respect to any issues that may arise during processing of this application. '_. You will comply with the provisions of federal law which limit certain political activities of your employees whose principal employment is in connection with an activity financed in whole or in part with this grant. These restrictions are set torch in 5 U.S.C. 1501, et seq. 3. You will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards act, if they apply ut You. 4. You will establish safeguards, if you have not done so already, to prohibit employees from using their positions for a purpose char is, or gives the appearance of being, motivated by a desire for private gain for themselves or others, particularly those with whom hey have Family, business or other ties. Cl"ou will give the Department of Justice or the Comptroller General access to and the right to examine records .and documents related to the grant. 6. You will comply with all requirements imposed hY the Department of Justice as a condition or administrative requirement of the grant, with the program ,uicielines; with the requirements of ONIB Circulars .1-8- (governing cost calculation~; and A-133 (governing :audits); with the applicable provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; with 28 CFR Part 66 (Uniform Administrarive Requirements); with the provisions of the current edition of the appropriate COPS ,grant owner's manual; and with all other applicable laws, orders, regulations or circulars. 7 You will, to the extent practicable :and consistent with :applicable law; seek, recruit .ind hire qualified members of racial .and ethnic minority groups and qualified women in order to further effective law enforcement by increasing their ranks within the scorn positions in your agency. S. You will not, on the ground of race, color, religion, national origin, gender, disability or age, unlawfully exclude any person from participation in, deny the benefits of or employment to am" person, or subject any person to discrimination in connection with any programs or activires funded in whole or in part with federal funds. These civil rights requirements are found in the non- discrimination provisions of the Omnibus Crime Control and Safe Streets .act of 1968, as amended (42 U.S.C. § 3-89(d)); Title VI of the Civil Rights Acr of 1964, as amended (42 U.S.C. § 2000d); the Indian Civil Rights Act (23 U.S.C. §§ 1301-1303); Section 304 of the Rehabilitation Act of 1973, as amended (29 U.S.C. ) -94); Title H, Subtide A of the americans with Disabilities Act (ADA) (42 C.S.C. § 12101, er seq.); the age Discrimination Act of 1975 (42 U.S.C. ) 6101, et seq.); and Department of Justice Non - Discrimination Regulations contained in Title 28, Parts 35 and 42 (subparts C, D, E and G) of the Code of Federal Regulations. A. In the event that :am court or administrative agency makes a Finding of discrimination on grounds of race, color, religion, national origin, gender, disabilin" or age against You after a due process hearing, You agree to forward a copy of the Finding to the Office of Civil Rights, Office of Justice Programs, 810 -th Street, NWI Washington, DC 20531. B. Grantees that have 30 or more employees and grants over 5500,000 (or over 51,000,000 in grants over an eighteen -month period), must submit an acceptable Equal Employment Opportunity Plan ("EEOP'� or ESOP short form (if grantee is required to submit an EEOP under 28 CFR 42.302), that is approved by the Office of Justice Programs, Office for Civil Rights within 60 days of the award start date. For grants under 5300,000, bur over S25,000, or for grantees with Fever than 50 employees, the grantee must submit an EEOP Certification. Grants of less than S23,000 are not subject to any ESOP requirement. 9. You will insure that the facilities under your ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection agency's 'EPA) list of Violating Facilities and that you will nodfy us if You are advised by the EPA indicating chat a tacilin to be used in this I is under consideration for listing by EPA. 10. It your state nas established a review and comment procedure under Executive Order 123-2 and has selected this program for review, You have made this :application .tvailable for review- by the state Single Point of Contact. 11. You will plan to retain each COPS -funded position with state .and/or local (non -COPS) funds after the conclusion of your grant. 12. Your agency will not use COPS funds to supplant (replace) state, local, or Bureau of Indian Affairs funds that otherwise would be made available for the purposes of this grant. certify - p nce with the above assurances that govern the application :and use 4 federal funds. Date: D 2 ig cure of Law Entbrcement (r Government Executive Certifications Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibilin- Matters; Drug -Free Workplace Requirements and Coordination with affected agencies. .Although the Department of Justice has made every effort to simplify the applicauon process, other provisions of federal law require us to seek tour certification regarding certain matters. applicants should read the regulations cited below and the instructions for certification included in the regulations to understand the requirements and whether they apply to a particular applicant. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "view Restrictions on Lobbying," and 28 CFR Part 67, "Government - wide Debarment and Suspension (Nonprocurement) and Government -wide Requirements for Drug -Free kvvorkpiace (Grants)," and the coordination requirement of the Public Safety Partnership and Communin- Policing act of 1994. The certifications shall be treated as a material representation of tact upon which reliance will be placed when the Department of Justice determines to award the covered grant. I. Lobbying As required by Section 1332, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over S100,000, as defined at 28 CFR Part 69, the applicant certifies that: A. No federal :appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of .any agency, .a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment modification of any federal grant or cooperative agreement; B. If any funds other than federal :appropriated funds have been paid or will be paid to any person for influencing or :itrempting to influence .an officer or employee of any agency, a member of Congress, .an officer or employee of Congress, or an employee of :a member of Congress in connection with this federal ,,rant or cooperative .agreement, the undersigned ,hail complete .and submit Standard Form - LLL, "Disclosure of Lobbying AcuVitics,' in accordance with its instructions; C. The undersigned shall require that the Language of this certification be included in the award documents for all subawards at .all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub- recipicnts shall ceruft and disclose .accordingly. '. Debarment, Suspension :and Other Responsibilin• Jlarters Direct Recipient) As required by Executive Order 12349, Debarment and Suspension, and implemented .at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 6-.310 - V The applicant certifies that it and its principals: (i) Are not presentit debarred, suspended, proposed for arment, declared ineligible, sentenced to .a denial of federal etits by .a state or federal court, or yohtntarik- excluded from covered transactions by any Federal department or .tgcnct; (ii) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destrucuon of records, making false statements, or receiving stolen propern; (iii) Are not presentiv indicted for or otherwise criminalh• or civilly charged by a governmental entin- (federal, state or local) with commission of any of the offenses enumerated in paragraph (A)(ii) of this certification; and (w) Have not within a three-year period preceding this application had one or more public transactions (federal, state or local) terminated for cause or default, and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanauon to this applicauon. 3. Drug -Free \Corkplace (\Grantees Other Than Individuals) As required bWorkplace the Drug -Free orkplace act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined .at 28 CFR Part 67. Sections 67.613 and 67.620 - A. The applicant certifies that it will, or will continue to, provide a drug; -tree workplace bt: i Publishing a statement notifying empioyees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for Violation of such prohibition; Ji) Establishing an on -going drug -tree awareness program to inform employees about - (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug -free workplace; (c) Anv available drug counseling, rehabilitation and employee .assistance programs; and (d) The penalties that may be imposed upon employees for drug -.abuse %iolauons occurring in the workplace; Universal Hiring Program Application Booklet iii) \(akin( it a requirement that each employee to be engaged in ncc pertormance of the granr be given a copy of the statement required by paragraph li); iv; \otir ing the employee in the statement required by paragraph 'i) that, as a condition of employment under the grant, the employee will - ia) Abide by the terms of the statement•, and b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than Five calendar days after such conviction; (y) Norif6ng the agency, in writing, within 10 calendar days after receiving notice under subparagraph (iv)(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position tide, to: COPS Office, 1100 Vermont Ave., N%V, %Vashingron, DC 20530. Notice shall include the identification number(s) of each affected grant; yi) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (iv)(b), with respect to any employee who is so convicted - (a) Taking appropriate personnel action against such an cmplovee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement or other appropriate agency; �yii) Makin', :i good faith effort to continue to maintain a drug - free workplace through implementation of paragraphs (i), "ii), iii), ;iv), Iv) and (yi). B. The -rantee mat insert in the space provided below the site(") for the performance of work done in connection with the �peclric grant: Place of ertormance (street address, cin-, counn•, state, zip code; 16839 E. Palisades Blvd Fountain Hills, AZ 85268 Check O if there are workplaces on File chat are not identified here. Section 67.630 of the regulations provides that a grantee that is a state may elect to make one certification in each federal fiscal year, a copy of which should be included with each application for Department of Justice funding. States and state agencies may elect to use OJP Form 4061/7 . Check O if the state has elected to complete OJP Form 4061/7. 4. Coordination The Public Safen- Partnership and Community Policing Act of 1994 requires applicants to certify chat there has been appropriate coordination with all agencies that may be affected by the applicants grant proposal if approved' Affected agencies may include, among others, the Office of the United States .attorney, state or local prosecutors, or correctional agencies. The applicant certifies that there has been appropriate coordination with all affected agencies. (,rantecNameandAddress: Town of Fountain Hills, 16836 E. Palisades Blvd \pplication No. and/or Project Name: COPS Grant Grantee IRS/ Vendor Number: 8 6 0 6 01 5 0 Tvpcd Name and Title of xv Enforceme secutiye: Todd Tate, Town i Signature: �'e Date: Marshal uZ \s ncC duh authorized representative of the governing body, I hereby certity rhat I am binding the governing body to the above certifications, including the plan to retain. Elections of new officials will not relieve the governing body of its obligations under this grant. Roy Pederson, Town Manager l vped Name .t Title of ment Executive: Signature: Date: 12 O OZ Disclosure of Lobbying Activities Disclosure of Lobbying Activities Instructions for Completion of Sf-LLL, Disclosure of Lobbying Activities This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient, at the initiation or receipt of a covered federal action, or a material change to a previous tiling, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered federal action. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District number, if known. Check the appropriate classification of the reporting entity that designates if it is. or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgmnts and contract awards under grants. 5. If the organization tiling the report in item 4 checks "Subawardee," then enter the full name, address, city, state and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative ,eements, loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number: the application/proposal control number assigned by the federal agency). Include prefixes, e.g., " RFP-DE-90-001." 9. For a covered federal action where there has been an award or loan commitment by the federal agency, enter the federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting registrant identified in item 4 to influence the covered federal action. (b) Enter the full name(s) of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name. First dame, and Middle Initial (MI). 11. The certifying official shall sign and date the form. print his, her name, title and telephone number. Public reporting burden jor this collection of inlbrmution is estimated to average 30 minutes per response, including time jor review rug instructions. searching existing data sources, gathering and maintaining the data needed. and completing and reviewing the collection ojinjbrm Lion. Sentd comments regarding the burden estimate or anv other aspect of this collection oj'injormation, including suggestions, for reducing this hunrzlen, to the Ojjice oj'Management and Budget. Paperwork Reduction Project (0348-0046), TVashington. D.C. 20530. 13 Universal Hiring Program Application Booklet ,, Disclosure of Lobbying Activities IM Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for instructions and public burden disclosure) 1. Type of Federal action: _ a. contract b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance 2. Status of Federal Action: a. bid/offer/application b. initial award c. post -award 4. Name and Address of Reporting Entity: O Prime O Subawardee Tier , if known: Congressional District (number), if known: 6. Federal Department/Agency: 8. Federal action Number, if known: Approved by OMB 0-'-48-046 (as amended) 3. Report Type: a. initial filing b. material change For .Material Change Onlv: Year: Quarter: Date of last report 5. If Reporting Entity in No. a is Subawardee, Enter Name and Address of Prime: Congressional District (number), if known: 7. Federal Program Name/Description: CFDA Number, if applicable: 9. Award Amount, if known: C 10. a. Name and .address of Lobbying Registrant 10. b. Individuals Performing Services (it individual, last name, first name, 1/11): (including address if different from No. I Oa) (last name, first name, v 1): It. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than 510,000 and not more than $100,000 for each such failure. Federal Use Only: 14 Signature: Print Name: Title: Telephone No.: Date: Authorized for Local Reproduction, Standard Form - LLL Updated: February 14, 2002 e020211.10 Waiver Information Worksheet Waiver Information Worksheet If your department is requesting a waiver, a one to three page narrative must be included with your application. Please address all of the issues or points listed below (if an issue does not apply, please indicate as "not applicable"). In this narrative, please explain how your municipality's fiscal condition directly impacts the local law enforcement agency. Please attach documentation that supports the information you provide in your narrative. Failure to respond to all items may significantly delay the waiver review. O If your jurisdictlon has been, in the last three years, declared bankrupt by a court of law, or placed in receivership by the state or federal government, please explain and forward declaration/documentation. O If your jurisdiction has been designated a FERIA disaster area in the past three years, please elaborate how the disaster has resulted in severe financial hardship. Be sure to include the following: ■ Estimated amount of damages to your city, town, county, or village's property. ■ Estimated cost of unbudgeted supplies used. ■ Estimated cost of unbudgeted hours used by police department or sheriffs department. ■ Estimated cost of unbudgeted hours used by other departments. ■ Estimated funds disbursed as emergencv aid (e.g., food vouchers, blankets, housing). ■ Estimation of the citv's/county's total outlav (total damages minus FE.M and other funds received). Please foncard a copy of the declaration of disaster. O Has your municipality, in the past three years, had a non-FENIA and nonrecurring expense that you were required to do or have done? For example, your local government was ordered to rebuild your wastewater treatment plant. Please be sure to include: ■ Why is it being done? ■ How much does it cost? What percentage of the municipality's budget must be allocated or what is the funding source% O If your jurisdiction has recently lost a primary employer or experienced significant lay- offs, please explain and include: ■ When the closing or lav-offs occurred. ■ How many individuals were affected in your municipality. ■ Explain if a closing or lay-offs have occurred just outside your municipality, which had a major effect on your municipality. 71 Explain both your jurisdiction's (city, town, etc.) and the law enforcement agency's current budget conditions. ■ Did your jurisdiction have a budget surplus or deficit at the end of your last fiscal year? Please explain and include dollar amounts and percentages. ■ Has your department's budget increased or decreased in the past two years? If so, how much? O If your agency or other local government departments have recently experienced significant lay-offs, please explain and include: ■ When and why the lay-offs occurred. ■ How many were affected. ■ How the police or sheriffs department was impacted as a result of the lay-offs. 15 Universal Hiring Program Application Booklet 71 Explain, with specifics, if other types of budget cuts have impacted your agency such as: ■ Reduction or loss of overtime expenses. ■ Reduction in budget for equipment and/or supplies. ■ Inability to upgrade or purchase new vehicles. O Please provide: ■ The reported unemployment and poverty rates for your jurisdiction and the sources of vour statistics. O Please indicate the amount your agency will be able to contribute to each officer's salary and benefits, if any. YRI , YR3 , YR3 O What plans will be put in place to retain the position(s) after the three-year grant period is over? J OTHER:.1nv other evidence of severe fiscal distress or special circumstances. If you have any questions, please contact your Grant Program Specialist through the C.S. Department of Justice Response Center at 1.800.421.67-0. 16 T m cc 5 m on a CV a`Eo �1 —J J �J r J y J :J J J U L U i r_ J J u Z J E �- a--J `c a) U 'O c� J -• C 1 �` r J _ CD cn cc cc C. v N ci >1 y n CCD s J C O E b �U_z Cam- C C > ~ NGi Jl LA- /Q L) n :4 00 N O C' M� tAl v O 7 J U J r C J U U y " n U U - C _ u „ � u U �y U U j .J L .^ M ... .. U u =' C o to Idl I i M O O e- (- 0 0 0 m U-)l0 l0 M Ln U) Ln 00O O �- CO N - c- �s� �-� VI _{ �• C �. is `� r:, �-•% V; U1 M cr b4 o o' C v) .� oc x. o ; o :J T 7= c 4 J a�j li =- f- r, :J k C. LCII >>1 J F J r r J O f. 9A u u Z a �� y > C cq ^ O :3 C .. :� 'fi+ u u 7 C ,UJ j r u 3 u C ':7 `C L C CL C73C ^ ':s u i' NI •C ,^.v .^_.• I ✓' • J G ^ J - y y J; a J � '�'., • -• � ^ n+ `r., .. y - J '•% C f L � � � U � i � w � :� � y J './� G [ �rJ• :! i ; _ N_ :ZZ I -V O f O O V C' a1 O O O _ _ J I N Lr) l0 t!) 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N M r i J O „ u _- J r CD„ =_ d .. : J : J '� t: c'� —� `.' r—J• rr.'• T C1 J '- J U U C t J N CO CL CL UU _ 'r �_ = i I � 2 � / � ƒ ± / - ) - .3 » ` CD / / / ` v E � o �k 7. - E / / ( :/ / ,2 8 / $ _ _ \ - \ / .. - A \ » Z 4 y z I c - a - o 3 2$ / \ a.= 2/ 4 / - \ 0 ° a - ( / c - - \ q / _ ƒ \ / \ = ° •w / 2 c 7 / 2 c / 5 - 4 - 3 ct - \ ƒ w 2£ 2 6 + J x M �- O m 01 + a o F L(1 Ln o - + _ CS1 00 CO N s- :J c- CN — =C N M Ln - On o N t- 00 o N -'• W Ln Ln o �+ N N Ln r Jt o o r .... Q,' 00 O1 CO GI l N 77 n r V U _0 ^• r n J J � I rJ. — J ij /• L.. 'J1 'n J ��' J k N N !y M R + M � ;J J ^ 7 39 3} �f ,• N n N yr- x x EA, :J ^ :J L ;J C C J :J J N I I C N O O O O O O - : a0 cox O O -' — Ln Ln rn II II II II n U J J J C Z Z Z Z x I /. I I X.I x N 41 � C oI Z C', OJ L C' '� L /V W 12 O Z CL Cc CD +-j O CO s C" CV O (n Q) d CD CT) M� W L O co E L O �4 - U cc O CU O ca U_ 4� W U .rJ ro Ei O O E-4 I O co 00 I _ M Z co I O 1 co n. :J :J :J M U.S. Department of Justice -ice Ott otCommunity Oriented Policin_ Scnices COP49 COMMUNITY ORIENTED POLICING SERVICES U.S. DEPARTMENT Of JUSTICE Community Policing Information Worksheet To be Completed by Applicants for COPS Grants U.S. Department of Justice Office of Community Oriented Policing Services Carl R. Peed, Director OMB approval 1103-0027 Universal Hiring Program Application Booklet Community Policing Information Worksheet The following Worksheet will assist the COPS Office to better understand the public safety problems facing communities, as well as the particular goals and activities of law enforcement agencies. For more information about COPS ;rants, call the U.S. Department of justice Response Center at 1.800.421.6770. U.S. Department of justice Office of Community Oriented Policing Services 1100 Vermont Avenue, NW Washington, DC 20530 Internet Web site: http://wwNv.cops.usdoj.gov Revised: March 2002 34 Community Policing Information Worksheet Community Policing Information Worksheet This worksheet will provide the COPS Office with information about the public safety concerns of your community and your department's communia,- policing goals and activities. If you need assistance completing this worlAeet. contact the U.S. Department of Justice Response Center at 1.800.421.6770, Your Community Policing Information Worksheet is complete by signing and dating below. Both the law enforcement executive and the government executive must sign. Applicant Organization's Legal Name: Fountain Hills Marshals Department ORI #: A Z 0 0 7 5 6 We, the undersigned attest to the accurao, of the information contained within this Community Policing Information Worksheet. Law Enforcement Executive: Name (typed): Todd Tate Title: Town Marshal Department: Fountain Hills Marshals Department Date: Signature: �Q Government Executive: Name (typed): Roy Pederson Title: Town Manager GovernmentEnti': Town of Fountain Hills Date: Signature: Person Completing Form: Name (aped): Mary Schlosser Title: Administrative Sergeant Date: Signature: 35 Universal Hiring Program Application Booklet PART 1 1. From the list that follows, please rank in descending order the following public safety concerns of your community. For example, if "weapons" are the greatest concern in your community, place the letter 1' in rank number 1. If "wildlife crimes" are the lowest concern in your community, place an "n" in rank number 16. Rank: Major Public Safety Issues: 1. 2 a. Violent crimes against persons ? 1 b. Property crimes 3. 5 c. Motor vehicle thefts 4. 7 d. Vandalism — 1 2 e. Gangs 6. 11 f. Weapons 7. 1 3 g. Prostitution 8. 3 It. Drug crimes ). 4 i. Domestic violence 10. 1 0 j. alcohol -related crime. including DWI 11. 8 k. Disorderly conduct 12. 9 1. Traffic violations 13. 1 6 m. Agricultural crimes 14. 1 5 n. Wildlife crimes 15. 1 4 o. Hate crimes 16. 6 p. Other (specify): Code Enforcement Community policing is a policing philosophy that promotes and supports organizational strategies to address the causes and reduce the fear of crime and social disorder through problem -solving tactics and community -police partnerships. Your answers to the questions that follow will provide the COPS Office with basic information about your community policing efforts, and how you will use your COPS grant funds to further the implementation of community policing. You are not expected to engage in all of the activities listed. They are examples of the community policing efforts of other law enforcement agencies. If you have a written document that serves as your community policing plan, please attach it to this form. 36 Community Policing Information Worksheet Overall Approach 2. Please indicate which of the following are part of your overall approach to community policing, and which you plan to implement under your COPS grant: a) Crime Prevention Efforts Have Plan to Implemented Implement ® O a. Youth programs (e.g., in -school, after school, weekend pohce/youth programs) ® O b. Anti -drug programs M O c. Regular meetings with community groups to discuss crime 0 12 d. Anti -violence pro mobilizing r b i l i z i n g citizens MM 0 l$ e. Other (specify): b) Problem -Solving Activities Have Plan to Implemented Implement $1 O a. Identifying crime problems with members of the community and other government agencies (e.g., prosecutor and courts, social services, probation office) rl 0 b. Identifying crime problems by looking at crime trends (e.g., keeping records of crimes and the types of requests for help) �l O c. Identifying top problems by analyzing repeat calls for service 23 O d. Preventing crime by focusing on conditions that lead to crime (e.g., abandoned buildings and cars, referrals to other civil agencies) n 0 e. Building on information systems to enhance crime analysis capabilities 0 ® f. Other (specify): Citizen panel c) Community Partnerships Have Plan to Implemented Implement 3 0 a. Regularly surveying community members to assist in identifying and prioritizing crime problems 0 $7 b. Locating offices or stations within neighborhoods 13 g] c. Providing community policing training to citizens ® O d. Meeting with community members to learn more about the nature of specific problems ® O e. Involving community members in selecting responses to problems and determining measures of success 0 f. Other (specify): R I mock wa t-chPG 37 Universal Hiring Program Application Booklet d) Infrastructure and Management Changes Haze Plan to Implemented Implement O in a. Have written strategic plan for community policing ] O b. Department currently designates special unit (or a special officer) for community policing activities �l O c. Department promotes an agency -wide approach to community policing If your department has implemented or plans to implement an agency -wide approach to community policing, please indicate the approximate percentage of time that patrol officers in your department dedicate (or will dedicate) to community policing.- 0 Less than 10 percent O 10-20 percent tL More than 30 percent Haze Plan to Implemented Implement 0 d. Personnel are given responsibility for geographical areas O ($ e. Call management systems are in place to free officer time for community policing (e.g., telephone reporting, alternative responses) O f. Personnel evaluations reward participation in collaborative problem -solving efforts ;. Decision -making authority has been decentralized O h. Management positions have been eliminated i. Community policing concepts have been integrated into agency's mission statement 0 j. Community policing concepts have been integrated into departmental policies and procedures O k. Detectives have been integrated into community policing efforts O 1. Department staff routinely collaborate Nvith other municipal agencies to address problems IN 38 Community Policing Information Worksheet Communities 3. Please indicate which of the following groups you have consulted to address crime and disorder problems in your community: Consulted Plan to Consult O a. Other government agencies (e.g., probation office, sanitation) X7 O b. Civic groups �O O c. Neighborhood associations X] O d. Tenants' associations O ® e. Organizations of your employees, including collective bargaining groups O M f. Business groups O M g. Religious groups 7 O h. Schools O M i. Other (specify): Service clubs Citizens 4. Please indicate which of the following partnership activities are currently performed by citizens in your jurisdiction or are planned under your COPS grant: Currently Planned Perform Under Grant O Q a. Neighborhood Watch 0 10 b. Citizen volunteer programs 7 0 c. Citizen advisory groups to your law enforcement agency d. Citizen patrols within your community O �I e. Participate in anti -drug or anti -violence programs O f. Other activities (specify): Officers 5. Please indicate which of the following activities are currently performed by patrol officers or are planned under your COPS grant: a) Crime Prevention .Activities Currently Planned Perform Under Grant � a x'7 O a. Foot patrol, bike patrol or mounted patrol b. Making door-to-door contact with citizens and businesses c. Meeting with community leaders and groups to learn more about crime problems and jointly develop crime prevention plans d. Using business cards, cellular phones or beepers to maintain contact with, and be contacted by, citizens regarding public safety concerns e. Working in schools or other public agencies to teach crime prevention f. Other (specify): 39 Universal Hiring Program Application Booklet b) Problem -Solving Activities Currently Planned Perform Under Grant 0 O O D it 50 O c) Training a. Working with citizens to identify and address community crime problems b. Using computer systems to collect and analyze information, particularly repeat calls for service c. Coordinating specific problem -solving projects to address problems on their beats d. Working with other public agencies to solve disorder problems (e.g., trash collection, public works agencies to solve lighting problems) e. Supping crime problems f. Other (specify): 1) Department -wide community policing training O Have implemented [X Plan to implement O Do not plan to implement ?) Where do recruits/officers receive basic training? (Check all that apply.) EX State academy O Regional academy O Local academy IX Community college O Private contract/outside consultant O No recruit training D Other (specify): 3) How many hours of recruit training dedicated solely to community policing concepts do recruits receive? 30 hours -i) Have community policing concepts been integrated into general training received by agency personnel (e.g., training on law, departmental regulations, conducting investigations)? D Yes 3 Plan to implement D Do not plan to implement 5) Where do in-service officers receive community policing training? O State academy O Regional academy D Local academy 1:7 Community college O Private contract/outside consultant O No in-service training O Other (specify): 40 Community Policing Information Worksheet 6) How manv hours of in-service training dedicated solely to community policing concepts do officers receive? 40 hours ") We would like to know what kind of training your department routinely provides that is pertinent to community policing. Please indicate the community policing training that your department provided in the past fiscal year by checking the appropriate box. The abbreviation "CP" stands for community policing. v u T � � a J_ 7 •� _ Q U v :J a. Concepts and general principles of CP O O CA 0 0 b. Problem -solving methods (SARA, etc.) 0 0 O 0 ® O c. Causes and consequences of specific problems (e.g., drugs, spousal abuse) O O O 0 ® O d. CP approaches to specific problems O R9 O O O 0 e. Organizing/working with public groups O O 0 O 0 f. Cultural diversity 0 0 0 O 0 0 g. Victim assistance 0 0 0 0 1:9 O h. Working with juveniles 10 O O 0 0 i. Using code/civil enforcement O j. ;alternative dispute resolution 0 k. Supervising problem solvers 0 0 0 O 0 1. Other (specify): O :1 O O 0 0 m. Other: O 0 0 ❑ 0 0 n. Other: 0 0 O 0 0 0 41 Universal Hiring Program Application Booklet Complete Part 2 only if: ■ You are applying for a COPS hiring grant and your jurisdiction's population is 50,000 or more; or ■ You are applying for a community policing grant with funding of S 1 million or more: or ■ You do not have an established law enforcement agency and wish to establish one; or ■ You represent a special law enforcement agency. such as transit, housing, university, school or natural resource police. PART 2 1. How does your community policing plan fit with other statewide and local crime prevention and control plans, including statewide Byrne Grant strategies? Coordinated Partialli, F11111, Coordinated a a a o O O O O a. Statewide Byrne Grant strategy b. Other statewide strategies c. Local crime prevention plans d. Local crime control plans 2. Briefly list other governmental or community initiatives that complement or will be coordinated with your plans under this grant: 3. Indicate current and anticipated ongoing community support for your community policing efforts, such as financial support or in -kind contributions: Current .anticipated O O a. Programmatic support from the community O O b. Financial support from the communin O O c. Other community support: O O d. Sough[ or obtained private financial support f. Indicate the impact that receiving the requested resources or increasing the number of officers will have on other criminal justice agencies in your jurisdiction: Vo Impact .Minimal .11ejor Impact Impact O p 0 a. Prosecutor's office Q i] 0 b. Public defender's office O O O c. Local/state correctional agencies Q O O d. Other public criminal justice agencies Q O O e. Other private criminal justice agencies If you anticipate anv major impact on any of these agencies, please brietly describe that impact below. Please return the Community Policii�q Inybrniation M)rksheet with roar application. 42 Paperwork Reduction Act Notice Paperwork Reduction Act Notice The public reporting burden for this collection of information is estimated to be up to 5.5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden of information, including suggestions for reducing this burden, to the Office of Community Oriented Policing Services, G.S. Department of Justice, 1100 Vermont .avenue, VW, Washington, DC. 20530; and to the Public Use Reporting Project, Office of Management and Budget, Washington, DC, 20503. You are not required to respond to this collection of information unless it displays a currently valid OMB control number. The OMB control number for this collection of information is 1103-0027. Guidance regarding financial and administrative aspects of the grant process may also be obtained by consulting the Office of Justice Programs' Financial and Administrative Guide for Grants (2000 Millenium Issue), which is available at no cost from the G.S. Department of Justice Response Center (1.800. t21.6i 70). 43 4 Sheriff's Department Questionnaire Sheriff's Department Questionnaire Please answer the following questions if the legal applicant is a sheriffs department (established or start-up). Attach additional pages if needed. 1. What is the actual population for which your department has primary law enforcement authority? In other words, the 2000 Census population minus the incorporated towns and cities that have their own police departments. 3. In the space below, break down the time spent by your entire department on various types of activities. For example: 50% law enforcement duties; 300o courthouse/bailiff duties: 20% jail duties (total should equal 1000,10). 3. Of the total percentage of time spent on law enforcement duties (as indicated in question #?), what percentage of that is spent on community policing activities? 4. Briefly describe some of the community policing activities your department participates in and/or coordinates. If you have questions about applying for officer position(s) under the Universal Hiring Progr:un, please contact your COPS Grant Program Specialist through the U.S. Department of Justice Response Center at 1.800.421.6770. 45 Special Department Questionnaire IM Special Department Questionnaire Please answer the following questions if the legal applicant is a special department (established or start- up). Examples of special departments are housing authority, transit police, tribal police, university/school police, and natural resources police. 1. Do officers have primary law enforcement authority for the population served? 3. What legislation gives officers their police officer status and enforcement authority? Check one: O State O Local O Both You must submit a copy of the legislation documenting your enforcement authority. 3. Do officers have full and unrestricted arrest authoritv? If not, what are their limitations? (. Do officers have full powers over the entire jurisdiction? If not, what area(s) are they restricted to? (e.g., parks, campus, etc.) 5. Do officers provide full police services _ 4 hours a day, - days a week? If not. what are their hours? If you have questions about applying for officer position(s) under the Universal Hiring Program, please contact your COPS Grant Program Specialist through the U.S. Department of Justice Response Center at 1.800.421.6-'0. 47 Start -Up Department Questionnaire Start -Up Department Questionnaire Please answer the following questions if the legal applicant is a start-up agency (of any t} e). .attach additional pages if needed. 1. a..Ve any law enforcement services currently provided to your jurisdiction by an existing agency, such as a sheriff's department or a neighboring jurisdiction's police department? b. If the answer is yes, is this a contractual agreement? ?. Has your jurisdiction paused an ordinance, law, or other resolution formally establishing a law enforcement agency? If yes, you must include a copy of this ruling or legislation. If no, your application cannot he funded until a resolution establishing a law enforcement agency has been passed and submitted to the COPS Office. 3. Why is your jurisdiction now creating a start-up agency? 4. Does your jurisdiction have a written community policing plan? If yes, please include a copy of that plan. If no, when do you intend on completing and implementing a plan? 49 0 Universal Hiring Program Application Booklet Start -Up Department Questionnaire - Page 2 5. Does your jurisdiction have funds available for the required local match? If yes. where are the funds coming from? If no, are you applying for a waiver of the local match? If so, address the information required by the Waiver Information Worksheet. 6. Please provide a brief explanation of the following (include supporting documentation where appropriate): a. Department budget plan b. Equipment purchase plan (cars, weapons, uniforms, etc.) c. Training plan for the officer(s) d. A timetable for the implementation of these plans If you have questions about applying for officer position(s) tinder the Universal Hiring Program, please contact your COPS Grant Program Specialist through the U.S. Department of Justice Response Center at 1.800.-121.67-0. Town of Fountain Hills Town Council Agenda Action Form Regular Meeting Submitting,Departmen Community Development Conlsent❑ Reg�xlar:',® 11/21/02 T.yi a -of Document Noediii"yur&al Check all thatapply} ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Priority Check AnvratariatAreas) ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Jesse Drake, AICP El ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ® Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda -;Wording: This is a request for Consideration of the FINAL PLAT FOR EAGLE MOUNTAIN PARCEL 10/11 TRACT G, a proposal to re -subdivide 4.34± acres of land known as Tract "G" of Eagle Mountain Parcel 10/11 subdivision into two lots. The property is located north of Mira Vista Drive between Fireridge Trail and Palisades Boulevard. Case number 52001-27. Staff Recoriunen6tion: Approve No t Purpose ofIterin aiAbackEraund'Iriforma"on This request is for consideration of the FINAL PLAT FOR EAGLE MOUNTAIN PARCEL 10/11 TRACT G, a re -subdivision of 4.34± acres of land, known as Tract "G" of Eagle Mountain Parcel 10/11 subdivision into two lots, and a request for the abandonment of the one -foot Non - vehicular Access Easement (NVAE) and the dedication of a new NVAE to exclude the driveway locations as proposed on the Final Plat. List All,Atta'cli i"It ' 's Follows: Final Plat for Eagle Mountain Parcel 10/ 11 — G from Hoskin Engineering Consultants, Inc. (2 pages) Condition of Title from Fidelity National Title Insurance Company July 18, 2002 letter from Cavanaugh Law Firm 2002 Property Tax Statement Affidavit of Correction (MCR document # 20011178036 12/14/2001) Tract Declaration of Covenants, Conditions and Restrictions for Parcel 10/11 at Eagle Mountain (MCR 97-0752419 10/28/97) Minutes from the October 25, 2001 Planning and Zoning Commission meeting Letters of protest (two) Tvne(s) of Presentation: transparencies Signatures of Submitting, Staff: ►�/l1L� Depar ment Head /Ja,2 Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) Town of Fountain Hills Council Action Meeting Date:Da- Agenda Item #(s) 9 Public Hearing began: am/pm Public Hearing ended: am/pm Roll Call Aye Nay Archambault Be dier, Mayor Fraverd, Vice Mayor GACt1onTaketl: '<avana h Approved Denied elendez Tabled Date: Nicola Continued Date: Ral he Act. on,Taken:' �ost;�Cou�c�t,��Vleetmg`�Notes =&�� Page 1 of 3 TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT TOWN COUNCIL MEMO TO: Honorable Mayor Beydler and DT: November 21, 2002 Town Council THROUGH: Tim Pickering, Town Manager FR: Jesse Drake, AICP; Interim Director RE: Request for Consideration a Final Plat of Community Development J r,> Eagle Mountain Parcel 10/11, Tract G. Tom Ward, Director of Public Worksl`.J , Case number S2001-27 Andrew McGuire, Town Attorney This is a request for Consideration of the FINAL PLAT FOR EAGLE MOUNTAIN PARCEL 10/11 TRACT G, located in Eagle Mountain subdivision, north of Mira Vista Drive between Fireridge Trail and Twilight View Drive. DESCRIPTION: APPLICANT: OWNER: EXISTING ZONING: EXISTING CONDITION: Eagle Mountain Investors L.L.C. Eagle Mountain Investors L.L.C. "R1-6A" 4.34 Acre parcel of Vacant Land 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, "Rl-10A" and platted land within the FireRock subdivision Parcels M-1 and M-2, zoned "R1- 18, P.U.D." EAST: Platted land within the FireRock subdivision Parcel M-2, zoned "R1-18, P.U.D." WEST: Eagle Mountain Golf Course, zoned "OSR" SUMMARY: This request is for consideration of the FINAL PLAT FOR EAGLE MOUNTAIN PARCEL 10/11 TRACT G, a re -subdivision of 4.34± acres of land, known as Tract "G" of Eagle Mountain Parcel 10/11 subdivision into two lots, located north of Mira Vista Drive between Fireridge Trail and Twilight View Drive. The applicant is also requesting the abandonment of the one -foot Non -vehicular Access Easement (NVAE) and the dedication of a new NVAE to exclude the driveway locations as proposed on the Final Plat. The proposed new lots, Lot 64 (98,377 SF, or 2.26 acres) and Lot 65 (51,102 SF, or 1.17 acres), are located on a sloping portion of the Eagle Mountain subdivision. Both of the proposed lots will take access from Miravista Drive and will back to the Eagle Mountain Golf Course. The northern end of Lot 64 contains a steep cut slope that abuts the existing Lots 30 through 34. A drainage and slope easement is proposed for this steep portion of Lot 64. The maintenance of Miravista Drive, fronting both proposed Lot 64 and Lot 65, is shared by the Eagle Mountain Association and by Firerock Association through a recorded maintenance agreement. Page 2 of 3 An objection has been raised by the Eagle Mountain Homeowner's Association that the property identified as Tract G was not owned by Eagle Mountain Investors L.L.C. and further, that the property had been previously deeded over to the Eagle Mountain Homeowner's Association to be used as open space. This item had been continued from a prior Council meeting so that the Town could confirm that Eagle Mountain Investors L.L.C. was the property owner. The applicant has submitted evidence that the property was never deeded to the Eagle Mountain Homeowner's Association and the Town has received confirmation through Condition of Title Report from Fidelity National Title Insurance Company that Eagle Mountain Investors L.L.C. is the property owner. As of November 12, 2002 the Maricopa County Property Records also identify Eagle Mountain Investors L.L.C. as the owners of Eagle Mountain Parcel 10/11 Tract G. (see attachment) The existing plat contains a statement that appears to indicate that a Tract G may be deeded over to the Eagle Mountain Homeowners Association at a future date. The applicant has contended that an error was made on the original plat and that the portion to be possibly deeded to the Eagle Mountain Homeowners Association was Tract H, not Tract G. Eagle Mountain Investors L.L.C. has recorded a Tract Declaration of Covenants, Conditions and Restrictions for Parcel 10/11 at Eagle Mountain with Maricopa County to correct the error in the notation on the original recorded plat for Parcel 10/11 Tract G. The correction document states, in part, "...Tract G was not intended to be developed as part of the Tract and, accordingly, was not intended to be subjected to the Tract Declaration." EVALUATION: The applicant is proposing to split Tract "G" into two developable lots. The proposed two lots exceed the minimum requirements for "RI-6A" zoning district and will have minimal impact on surrounding properties. Both proposed lots will access onto Miravista Drive, which is a continuation of Eagle Mountain Parkway. The proposed Lot 64 and Lot 65 do not contain Hillside Protection Easements. The January 31, 1991 Los Altos Hills Development Agreement, under which guidelines Eagle Mountain was developed, did not include hillside disturbance regulations, therefore the future owners of the proposed lots will be required to meet the current Land Disturbance Regulations of the Zoning Ordinance at the time of building permit application. The Town Engineer has carefully examined the location of driveways for each of the proposed lots. The abandonment of the existing one (1) foot non -vehicular access easement (NVAE), and the rededication of a new NVAE would allow a single driveway access to each lot in an area identified by the Town Engineering Department as safe and in conformance with the sight line restrictions. The Town attorney has reviewed the objection raised by the Eagle Mountain Homeowner's Association and has examined the legal documents with respect to ownership. The Town attorney has determined that the ownership issue should not be a factor in the Town's decision in the proposed re -platting of Tract G because the applicant is the record owner of the property and has met all the requirements of the Town's subdivision ordinance. Page 3 of 3 RECOMMENDATION: The Planning and Zoning Commission voted 4-1 to recommend approval of S2001-27, "Final Plat For Eagle Mountain Parcel 10/11 Tract G" on October 25, 2001 with stipulations, and staff recommends approval with the following stipulations: 1. Add note 8. to the Final Plat to read: "Lot 64 and Lot 65 shall be required to have individual sewer ejector pumps or alternative sewer service approved by the Fountain Hills Sanitary District." 2. Provide a notation on the plat that the owners of Lot 64 and Lot 65 shall provide a five (5) foot wide sidewalk along the front of proposed Lots 64 and 65 prior to, or concurrent with, the Building Permit approval. Provide an acknowledgement statement and signature by the Fountain Hills Sanitary District that either no sewer easements were required, or that the platted public utility easements contain all required sewer easements. 4. Provide a note on the plat that owner of Lot 64 is responsible for future maintenance on the cut slope on Lot 64. A cut ditch and maintenance access width of twenty feet should be provided at the top of this slope. 5. Provide a grading plan that indicates that surface drainage should be controlled and directed away from any cut slopes in a manner that would provide adequate protection for keeping runoff water from any exposed cut slope and building area. 6. Provide a non -vehicular access easement (NVAE) abandonment for Lot 64 and Lot 65 driveway access points prior to or concurrent with Final Plat recordation. Attachments: (7) Final Plat for Eagle Mountain Parcel 10/ 11 — G from Hoskin Engineering Consultants, Inc. (2 pages) Condition of Title from Fidelity National Title Insurance Company July 18, 2002 letter from Cavanaugh Law Firm 2002 Property Tax Statement Affidavit of Correction (MCR document # 20011178036 12/14/2001) Tract Declaration of Covenants, Conditions and Restrictions for Parcel 10/11 at Eagle Mountain (MCR 97-0752419 10/28/97) Minutes from the October 25, 2001 Planning and Zoning Commission meeting Letters of protest (two) E:ADrake liles':Reporl. '200T,1S01 -?_? FNI 10 1 1 Tract 01'(' nc 1111412002 � LZ - ) oo z S ¢8peee-[W10ad\0 a>•al 11-Ot le¢n� va11 eAaB E80-IO�va>elo..3\:8 :8'[I� 40 0 5 0w oNF wow^ a 9 w ��R •H `may' c4 N 3F � �o LLo C»v � w w w � w � '.g D'» W�o�>� O„a $ =z ��' g _ 2 2 g z 2 4 g g $ $ �. $ P7 " _ � -.'1�� wN U W (Q] fd$� W V w=:off Wgee' z I LL V oR N jTI I1T Ij7 o p WA w �8���� a� I � I I � � � I y o � o�s;g F 5 Q � FWa. P4 \ xoS's awa `oss "H / z o e 1 \ z w aaa��a vao 11 Ll W PG .T. o E- F w p ux _ �T---��� N oA O 0.5 f1. 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FIDELITY NATIONAL TITLE INSURANCE COMPANY 2390 EAST CAMELEACK ROAD, SUITE 140 PHOENIX, ARIZONA SS016 PHONE NUMBRR: (602) 224-8569 ■THE CLOSING COMPANY" CONDITION OF TITLE REPORT lkl SCHEDULE A 1. effective Date: November 20, 2001 at 7:45 A.M. Our No.: 75002619 bb/TC 2. This is a Condition of Title Report only. This report does not represent nor commit any type of title insurance. The liability incurred, if any, is limited to twice the amount of the fees paid for this report. FOR THE BENEFIT AND USE OF BISKIND, HUNT & TAYLOR 3. The estate or interest in the. land described or referred to in this Report and covered herein is: A, FEE 4. Title 4o the estate or interest in said land is at the effective d"te hereof vested in: EAGLE MOUNTAIN INVESTORS, L.L.C., an Arizona Timited liability company 5. The land referred to in this Report is in the State of Arizona, County of Maricopa, and is described as follows: Tract G, EAGLE MOUNTAIN PARCEL 10/11, according to Book 436 of Maps, Page 32, records of Maricopa County, Arizona. FIDELITY NATIOXAL TITLE INSURANCE COMPANY, a corpora ion By: Autho ized ignature 11/30/01 FRI 09:59 FAI 602 9352272 BISRIND, HEFT & TAFLOR NOU 30 2001 09: 38 FR .--FHOEN I X PLAZA 602 45e . 1384 TO -, 72 Our No. 75002619 CONDITION OF TITLE REPORT SCHEDULE B The title to the estate or interest in the land described or referred to in Schedule A is subject to the following matters: 1. Any action by Marieopa County Assessor and/or Treasurer, altering the current or prior tax assessment, subsequent to the date of this Condition of Title Report_ 2. "Subject to any vested and accrued water rights for mining, agricultural, manufacturing, or other purposes, and rights to i ditches and reservoirs used n connection with such water rights as may be recognized and acknowledged by the local customs, laws and decisions of courts; and there is reserved from the lands hereby granted, a right-of-way thereon for ditches or canals constructed by the authority of the united States of America.11 (Patent Clause No. 2) 3. TAXES AND ASSESSMENTS collectible by the County Treasurer not yet due and payable for the second half of the following year: Year: 2001 (APN: 217-30-734 and 217-30-735) 4. LIABILITIES AND OBLIGATIONS that may arise by reason of the inclusion of said land within the following named district: Name: Fountain Hills Sanitary District. S. Liabilities and Obligations imposed upon said land by reason of the formation of the following named Association: Eagle Mountain Community Association. 6. An easement for television cable and rights incident thereto, as granted by instrument recorded February 1, 1972 in Docket 9213, page 469, over the public utility easement shown on the plat of said subdivision. (Affects portions of said lots lying within public utility easements shown on said plat_) 7. Easements, setback lines, terms, conditions and matters as shown on the plat recorded in Book 436 of Maps, Page 32. S. An instrument recorded in Docket 8814, page 545, entitled 'Request. Consent and Covenants Running with the Land', which pertains to the organization of a flood control district and general improvement district. CONTINUED..... 11/30/01 FRI 10:00 FAX 60,` 352272 BISKI\D, HENT & TA' I NOV 30 2001 09; :!B FR r-NIHU :N t A r'LJ44;H of1C •Vcm Mr.RO-4 1 L- :,cc rc {-', 0 0 4 Our No. 75002619 SCHEDULE B - CONTINUED 9. Terms and conditions of water Service Agreement recorded in Instrument No. 95-0462766, Plant Expansion Agreement recorded June 29, 1997 in Instrument No. 97-0434823 and Addendum recorded in Instrument No. 97-0434825. 10. RESTRICTIONS, CONDITIONS, COVENANTS, LIABILITIES, OBLIGATIONS AND EA5EMENTS, (deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin) contained in instrument recorded in Instrument No. 95-0070250, amended in Instrument No. 95-0321017, and Tract Declaration recorded in Instrument No. 97-0752419; and thereafter Certificate of Amendment to Declarations of Covenants, Conditions and Restrictions for Eagle Mountain recorded in Instrument No. 98-0536745. 11. Easement and rights incident thereto, as set forth in instrument: Recorded: in Instrument No. 97-0752417 Purpose: temporary construction. 12. Easement and rights incident thereto, as set forth in instrument: Recorded: in Instrument No_ 97-0725697 Purpose: effluent transmission system. ** TOTAL PAGE.04 ** THE CAVANAGH LAW FMM A Professional Association Scott A. Rose (602) 322-4084 Facsimile: (602) 322-4101 William E. Farrell, Esq. Fountain Hills Town Attorney 16838 East Palisades, Building A Fountain Hills, AZ 85268 Dear Bill: July 18, 2002 E-Mail: SRose@CavanaghLaw.com www.cavanaghlaw.com Re: • Replat of Tract G of Eagle Mountain Parcel 10/11 • Abandonment of Vehicular Non -Access Easement Thank you for giving me this opportunity to explain to the Town of Fountain Hills (W Town Council why my client's replat of Tract G at Eagle Mountain and the related partial abandonment of a vehicular non -access easement to allow two custom lots on Tract G should be approved by the Town Council. As you know, I represent Eagle Mountain Investors, LLC ("EMI"), the master developer of Eagle Mountain. Including my work with the prior owner of Eagle Mountain, I have been involved in this project for almost 12 years, and as the build -out of Eagle Mountain approaches, I want to express my client's and my appreciation for the professionalism and courtesy that we have been shown by the Town throughout the development process. I am hopeful that the Town and its residents are as pleased with Eagle Mountain as is my client. Whenever issues have arisen in connection with the project (as will, of course, happen in any project of this magnitude), we have always been able to reach a mutually satisfactory resolution, and I am hopeful that we will be able to do so again with respect to the development of two custom lots on Tract G. This letter will explain why my client has the right to have its replat of Tract G approved and the vehicular non -access easement ("VNAE") partially abandoned. It sets forth our position in three sections: 1. Tract G is owned by EMI, has not been dedicated to the Eagle Mountain Community Association as common area and has always been intended to be developed as residential lots. CAVPHXDB:923584.1 07/18/02 3:02 pm Viad Corporate Center - 1850 North Central Avenue, Suite 2400 - Phoenix, Arizona 85004 Telephone 602.322.4000 - Fax 602.322.4100 - Phoenix - Sun City THE CAVANAGH LAW FIRM William E. Farrell, Esq. July 18, 2002 Page 2 2. The final replat of Tract G must be approved by the Town Council because it meets all Town standards for approval by the Town Council. 3. The failure of the Town Council to approve the replat and process the partial abandonment would render Tract G worthless, which would constitute a taking by the Town for which EMI will be entitled to just compensation. 1. Tract G is owned by EMI, has not been dedicated to the Eagle Mountain Community Association as common area and has always been intended to be developed as residential lots. Tract G is zoned Rl -6. EMI has always intended that Tract G be developed for homes. The only reason that there is any contention that EMI is not entitled to have its replat of Tract G approved is the allegation that Tract G was dedicated to the Community Association to be common area as a result of a note found on the final plat of Parcel 10/11 recorded March 17, 1997. This note was a mistake. Tract G was never intended by EMI to be given to the Community Association or withheld from development as custom lots. Tract G is an extremely valuable parcel of property. It provides exceptional views overlooking the second hole of Eagle Mountain Golf Course. Its development will be similar to and completely compatible with other j development throughout Eagle Mountain. How do we know that the note on the 1997 final plat indicating that Tract G was to be dedicated as common area was a mistake? (a) As far back as the Development Agreement dated February 8, 1991 that I helped negotiate with the Town of Fountain Hills, this parcel was shown as medium density residential (See Parcel 11 shown on Exhibit "E" of the Plan of Development and page 5 of the Design Guidelines, both of which are part of Exhibit "B" to the Development Agreement.) (b) The Eagle Mountain Phase I Master Drainage Report, dated October 1994, prepared by Rick Engineering Company, shows Basin 15.3 (Parcel 10/11, Tract G) as medium density residential. (Tab 1) (c) Town -approved grading plans for Parcel 10/11 dated January 10, 1997 show Tract G as future custom lots. There is an additional small note indicating "future development." (Tab 2) (d) An approved sewer improvement plan dated October 25, 1996 shows a sewer stub between Lots 30 and 31 extending to Tract G for future development of Tract G. (Tab 3) �w %,) CAVPHXDB:923584.1 07/18/02 3:02 pm TIE CAVANAGH LAW FIRM William E. Farrell, Esq. July 18, 2002 Page 3 (e) At no public hearing (nor privately to Town staff, homebuilders or homeowners, for that matter) did EMI ever represent that Tract G would be common area or open space. (f) Most importantly, the 1997 final plat provides compelling evidence within the four corners of the plat that a mistake was made. Note 6 on the plat, which has given rise to this issue, provides as follows: "Those areas designated as Tracts "B", "C", "D", "E", "F" and "G" are to be conveyed as common area to Eagle Mountain Community Association and should not be accepted for maintenance or ownership by the Town of Fountain Hills without expressed action by the Town Council ...." In fact, the final plat drawing actually delineates Tracts "A", "B", "C", "D", "E", "F", "G" and "H". (Tract A is a road and is irrelevant to this discussion.) Tract H is not mentioned anywhere in Note 6 because it was mistakenly left out and Tract G was mistakenly added. As stated above, this was an error by the engineering company. Tract H is a small drainage area or passageway between Lots 20 and 21. It is obvious that Tract H was intended to be dedicated to the Community Association in Note 6, and it is just as obvious that Tract G was not. (Tab 4) recorded: In order to correct this error, the following documents have recently been (i) Affidavit of Correction Deleting Tract G from Note 6 (Tab 5) (ii) Tract Declaration of Covenants, Conditions and Restrictions for Parcel 10/11 at Eagle Mountain — Re-recording to Correct a Scrivener's Error. (Tab 6) What about the vehicular non -access easement that wraps around the east side of Tract G? Was the VNAE required for the purpose of preventing people from driving onto Tract G because it was intended only to be common area? No. A physical barrier would have been much more effective for that purpose than an invisible one -foot wide easement. The VNAE was requested by the staff in 1997 so that the staff could retain control over the location of future driveways that they knew would access houses built on the lots that were intended to be built on Tract G. The staff wanted to be certain that the future driveway locations would have adequate sight lines from intersections and around curves for the sake of safety. This control could be maintained by the staff by selectively abandoning small portions of the VNAE for driveways at only those locations that would satisfy their safety concerns. These safety issues are, in fact, addressed in the proposed final replat of Tract G. ,� CAVPIMB:923584.1 07/18/02 3:02 pm THE CAVANAGH LAW FIRM William E. Farrell, Esq. July 18, 2002 l Page 4 The VNAE was imposed simultaneously with the 1997 final plat. Although it has been treated as a separate agenda item by the Town for hearing purposes, the partial abandonment of the VNAE and the approval of the replat of Tract G are inextricably linked. In summary, Tract G was never intended by EMI to be anything other than residential lots. The "dedication" of Tract G to the Community Association as common area in the 1997 plat was a mistake. EMI has taken the necessary steps to correct the mistake by recording amending documentation with the Maricopa County Recorder's office. We respectfully request that the Town Council proceed to process the partial abandonment of the VNAE and the replat of Tract G. 2. The final replat of Tract G must be approved by the Town Council because it meets all Town standards for approval by the Town Council. As a matter of law, the Town Council may not deny approval of a subdivision plat if the landowner has complied with all of the technical standards of the Town of Fountain Hills Subdivision Ordinance. EMI has complied with all technical standards of the Ordinance; therefore, the Town Council must approve the replat. From the time EMI negotiated its Development Agreement dated February 8, 1991, EMI has satisfied all the requirements of the Subdivision Ordinance. With the recent recording of the Affidavit of Correction Deleting Tract G from Note 6 and the Tract Declaration of Covenants, Conditions and Restrictions for parcel 10/11 at Eagle Mountain — Re-recording to Correct a Scrivener's Error, EMI has eliminated any obstacles there may have been to the approval of EMI's replat of Tract G and the related partial abandonment of the VNAE. Accordingly, EMI now requests Town Council approval of its replat and the partial abandonment of the VNAE. A municipality's power to regulate the subdivision of land is limited to certain statutorily delegated powers. See A.R.S. § 9-463 et seq.; see also Folsom Investments, Inc. v. City of Scottsdale, 620 F.Supp. 1372, 1374 (D. Ariz. 1985) (because municipal subdivision regulation must be authorized, by A.R.S. § 9-463 et seq., city ordinance provision which is in conflict with controlling state enabling statute is void); Bella Vista Ranches, Inc. v. City of Sierra Vista, 126 Ariz. 142, 613 P.2d 302 (App. 1980) (power of cities to regulate subdivision of land is derivative from state enabling statute, and municipality has no inherent police power). These delegated powers do not permit a municipality to deny approval of a subdivision plat that conforms with that municipality's subdivision ordinance. The fundamental legal principle that governmental bodies have no discretion to deny approval of submitted plats that comply with the requirements of the applicable subdivision ordinance is widely recognized by courts across the country. The case of Richardson v. City of Little Rock Planning_ Commission, 747 S.W.2d 116 (Ark. 1988), is representative of a large body C"PHXDB:923584.1 07/18/02 3:02 pm TIE CAVANAGH LAW FIRM William E. Farrell, Esq. July 18, 2002 Page 5 of case law establishing this principle. Richardson involved the Little Rock Planning Commission's disapproval of a subdivision application "on considerations other than the minimum standards set forth in the subdivision ordinance." Id. at 117. The Arkansas Supreme Court was faced with the precise question of "whether a planning commission has discretionary power to disapprove a subdivision plat which meets minimum requirements set forth in the subdivision ordinance." Id. at 116. Citing the importance of the uniform application of established standards, the court held: When a subdivision ordinance specifies minimum standards to which a preliminary plat must conform, it is arbitrary as a matter of law to deny approval of a plat that meets those standards. [A] planning commission may not disregard the regulations set forth in the subdivision ordinance and substitute its own discretion in lieu of fixed standards applying to all cases similarly situated. A planning commission is authorized and required to determine whether a plat presented is in compliance with the particular subdivision regulations. Once compliance is had, no discretionary power to disapprove exists. To rule otherwise would sublimate objective requirements, and instead substitute subjective thinking by individual members of a particular planning commission. This was never contemplated by the law. Id. at 117-118 (citations omitted).' Failure to render administrative decisions in a fair, orderly, and consistent manner in accord with previously stated, ascertainable standards is an "error of 1 See also Reed v Planning & Zoning Comm'n of the Town of Chester, 544 A.2d 1213, 1214 (Conn. 1988) ("The planning commission, acting in its administrative capacity herein, has no discretion or choice but to approve a subdivision if it conforms to the regulations adopted for its guidance.") (emphasis added); RK Development CoM. v. City of Norwalk, 242 A.2d 781 (Conn. 1968) (It is fundamental that in passing on the plaintiffs application the council, acting in its administrative capacity, is to be controlled by the regulations for planned residential development and the regulations concerning subdivisions adopted for its guidance. If the plan submitted conforms to these regulations, the council has no discretion or choice but to approve it.") (emphasis added); Broward County v. Narco Realty, Inc., 359 So. 2d 509 (App. 1978) (county had "no discretion to refuse ... plat approval" where all legal requirements were met); Tippecanoe County Area Plan Comm'n v. Sheffield Developers. Inc., 394 N.E.2d 176, 180 (Ind. App. 1979) (if subdivision plat complied with applicable ordinances, "it became the mandatory 11 duty of the Plan Commission to approve the plat"). J CAVPHXDB:923594.1 07/19/02 3:02 pm TIT CAVANAGH LAW RRM William E. Farrell, Esq. July 18, 2002 Page 6 constitutional dimension" in violation of applicants' due process rights. See Tippecanoe County Area Plan Comm'n v. Sheffield Developers. Inc., 394 N.E.2d 176 (Ind. App. 1979). These principles appear in Arizona case law as well. In the analogous context of the issuance of building permits by municipalities, the Arizona Court of Appeals has recognized the lack of discretion a municipality has to issue a permit once the requirements of the applicable ordinance are satisfied. In the case of Bischofshausen v. Pinal-Gila Counties Air Quality Control Dist., 138 Ariz. 109, 673 P.2d 307 (App. 1983), the Court of Appeals explained: "The issuance of a building permit appears to us to be more of an administrative or executive function rather than legislative." Id. at 110. The court went on to explain, "If a request for a building permit meets all the requirements of the applicable ordinances, there is no discretion as to whether or not it should be issued." Id. at 111. In our case, the Fountain Hills Subdivision Ordinance itself underscores the administrative role of the Town Council in the plat approval process where a plat complies with the objective requirements of the Subdivision Ordinance. For example: (a) Section 204(C)(1) requires the posting of a public notice sign on the subject property at the subdivision technical review stage, which sign is to include "clear language describing the administrative nature of the Town's review and possible approval of the proposed preliminary plat." (Emphasis added.) (b) Section 204(C)(7) likewise provides that, "If all of the objectives and requirements of this Ordinance have not been met, the Town Council may deny the preliminary plat." The corollary to this statement, of course, is that if all of the objectives and requirements of the Ordinance have been met, the Town Council may not deny the plat. (c) Consistent with the above, Section 103 sets forth the definition of "Conditional Approval" as "An affirmative action by the Commission or 2 See also County of MaricoQa v. Anzwool. Inc., 19 Ariz.App. 242, 244, 506 P.2d 282, 284 (1973) (where county procrastinated on plat approval, court held that "the plat, having been found to conform to all the legal requirements when it was submitted to the Board, should have been approved by the Board and transmitted to the recorder for filing."); Fox v. Town of Oro Valley, 130 Ariz. 19, 633 P.2d 428 (App. 1981) (upholding trial court's finding that town's refusal to approve redevelopment plan was arbitrary and capricious where plan complied with applicable ordinances). CAVPHXDB:923584.1 07/18/02 3:02 pm THE CAVANAGH LAW FIRM William E. Farrell, Esq. July 18, 2002 Page 7 the Council indicating that approval will be forthcoming upon satisfaction of certain specified stipulations." (emphasis added.) (d) Section 206 outlines the final plat/improvement plans stage in the design and approval process and sets forth the method of submittal of the final plat for review "and action" by the Town Council. It provides, after setting forth various requirements for final approval, that, "the Town Council shall approve the final plat." Section 206(G) (emphasis added). (e) Further, Section 206(G)(8), provides that, "Upon receipt of [fees and documents identified elsewhere in the Ordinance], the town shall then cause the final plat to be recorded in the office of the County Recorder" (emphasis added). EMI has now satisfied all the technical requirements for the approval of its final plat and respectfully requests that the Town Council carry out its administrative responsibilities to approve the replat and the abandonment of the VNAE. 3. The failure of the Town Council to approve the replat and process the partial abandonment would render Tract G worthless, which would constitute a taking by (W the Town for which ENU will be entitled to just compensation. As noted above, Tract G is a valuable home site, providing exceptional views of the second hole of Eagle Mountain Golf Course for two custom homes. Were the Town to improperly withhold its approval of EMI's replat of Tract G and, further, fail to partially abandon the VNAE, the property would have no economic value and the harm to EMI would be tremendous. Article 2, Section 17, of the Arizona Constitution provides in relevant part that "No private property shall be taken ... for public or private use without just compensation having been first made." Where an ordinance imposes restrictions that are clearly arbitrary and unreasonable and have no substantial relationship to the public health, safety, or welfare, such an ordinance is unconstitutional and an improper exercise of the police power of the state. See Ranch 57 v. City of Yuma, 152 Ariz. 218, 731 P.2d 113 (App. 1986). Were the Town of Fountain Hills to withhold its approval of the replat or fail to abandon the VNAE, EMI, as the owner of the subject parcel, would be deprived of any reasonable use for which the parcel is adapted, thus destroying its economic value. Indeed, without the ability to develop Tract G or, further, to have any vehicular access to Tract G, the parcel would be virtually devoid of any economic value to its owner. "If a landowner proves that governmental regulation has deprived him of all reasonable use of his property, he is entitled to receive just compensation." Id. The phrase "reasonable use" is interpreted as "a use which is economically viable — one that allows a reasonable return on the property." Id. at 227, 731 P.2d at 122. "[A] use is not reasonable unless CAVPFXDB:923584.1 07/18/02 3:02 pm 'I. CAVANAGH LAW FIRM William E. Farrell, Esq. July 18, 2002 Page 8 the landowner can make it economically productive." Id. Here, a refusal to approve the proposed replat of Tract G and to partially abandon the VNAE would have just such an effect on the subject parcel, precluding EMI as landowner from making any economically productive use of the property, destroying its economic value. In such a circumstance, as our Supreme Court ruled in Corrigan v. City of Scottsdale, 149 Ariz. 538, 540, 720 P.2d 513, 515 (1986), the Arizona Constitution "specifically requires compensation for a taking to be made by payment of money in a judicially determined amount." Such damages are recoverable even for a temporary taking. Id. at 541, 720 P.2d at 516. While EMI believes that its rights would be secured by resort to judicial review of the facts and circumstances of this matter, it does not desire to pursue such a course. Rather, having enjoyed the professionalism and courtesy of the Town throughout the lengthy development process for Eagle Mountain, EMI trusts that the present matter can be resolved with the same spirit of cooperation that has been the hallmark of the Town's involvement in years past. We look forward to working with you to resolve this matter. Cordially, SC*TT ROSE For the Firm SAR:jj cc: Mr. Mark Voigt Neil D. Biskind, Esq. CAVPHXDB:923584.1 07/18/02 3:02 pm Maricopa County Tax Statements Page 1 of 3 2002 Property Tax Statement Maricopa County Treasurer Doug Todd, Treasurer 301 W. Jefferson St. - RM 100 Phone: (602) 506-8511 Phoenix, AZ 85003-2199 http://treasurer.maricopa.gov Tax Bill —Tax Summary Pay Online! Valuations Home Tax Stub Fddress Activities F New Parcel Tax Bill Summary Parcel Number IF 217 30_2735A 7. 2002 Assessed Value Totals 2002 Tax Amount $134.00 Primary (limited) $8.76 $172.00 Secondary (full cash) $5.82 Special Districts _$.7.58 No delinquent prior year taxes Full Year Amount* Pay Now! $22.16 Pay. Now! $22.16 <lst Due each half 2nd> Pay -Now! $0.00 Area Code: 982423 Total Payments Made $22.1611 * The Full Year Amount is for the current tax year only. It does NOT include late payment interest charges or delinquent prior year taxes. The statement is for 2002 only. To view the Total Amount Due including interest and (W penalties Click Here. The first half payment is due 1 Oct 2002, and the second half is due 1 Mar 2003. Please call (602) 506-8511 for any questions concerning the Statement or Amount Due. Include a Tax Stub with your check. Tax History New Parcel Treasurer's Home Page Current Assessed Value Parcel Map Property Information Legal Description Section/Lot Township/Block Range/Tract G EAGLE MOUNTAIN PARCEL 10/11 MCR 436/32 *A complete legal description is available from the Maricopa County Assessor at (602)506-3406. Current Mailing Name & Address EAGLE MOUNTAIN INVESTORS LLC 7975 N HAYDEN RD UNIT D 105 SCOTTSDALE AZ 852583246 Request Name/Mailing Address Changes or call the Treasurer at (602)506-8511. Top http://treasurer.maricopa.gov/parcels/taxbill.asp 11/12/2002 COURTESY RECORDING FIDELITY TITLE NO TITLE LIABILITY WHEN RECORDED, RETURN TO: Eagle Mountain Investors, L.L.C. 7720 North 16th Street, Suite 310 Phoenix, Arizona 85020 Attn: Mr. Mark A. Voigt SCANNED JAN 0 3 2002 OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER HELEN RACELL 2W11178=1 12M 4I200109:27 TC1214-3-1-1- ELECTRONIC RECORDING AFFIDAVIT OF CORRECTION STATE OF ARIZONA ) ) ss. County of Maricopa ) Thomas R- Gettings, a Registered Land Surveyor, being duly sworn upon oath deposes and says: That having surveyed that certain Final Plat for Eagle Mountain Parcel 10111 (the "Final Plat'), being a subdivision of Parcel 10/11 of Tract C-3, situated in a portion of Sections 28 and 29, Township 3 North, Range 6 East, of the Gila and Salt River Base and Meridian, dated February 18, 1997, and recorded in Book 436 of Maps, Page 32, of the official records of the Maricopa County Recorder, State of Arizona, and having reviewed the Grading, Drainage & Paving Improvement Plan for Eagle Mountain, .Parcel 10/11, dated January 10, 1997, as approved by the Town Engineer for the Town of Fountain Hills on April 17, 1997, and thereafter filed with the Town, hereby publishes this Affidavit of Correction to amend the Final Plat as indicated by the correction listed hereon, for purposes of correcting a scrivener's error that was made in the Final Plat. 1. Item 6 of the Notes appearing as: 6. THOSE AREAS DESIGNATED AS TRACTS "B", "C", "D", "E", "F", AND "G" ARE TO BE CONVEYED AS COMMON AREA TO EAGLE MOUNTAIN COMMUNITY ASSOCIATION AND SHOULD NOT BE ACCEPTED FOR MAINTENANCE OR OWNERSHIP BY THE TOWN OF FOUNTAIN HILLS WITHOUT EXPRESSED ACTION BY THE TOWN COUNCIL. BEFORE ANY IMPROVEMENT IS ACCEPTED, IT SHALL MEET TOWN STANDARDS. FAILURE TO MAINTAIN THE DESIGNATED COMMON AREAS WOULD RESULT IN -A CIVIL ACTION BROUGHT BY THE TOWN FOR COSTS INCURRED BY THE TOWN FOR SAID MAINTENANCE. is hereby corrected to read: 6. THOSE AREAS DESIGNATED AS TRACTS `B", "C", "D", "E", AND "F" ARE TO BE CONVEYED AS COMMON AREA TO EAGLE MOUNTAIN COMMUNITY ASSOCIATION AND SHOULD NOT BE ACCEPTED FOR MAINTENANCE OR OWNERSHIP BY THE TOWN OF FOUNTAIN HILLS STATE OF ARIZONA ) ) ss. County of Maricopa ) e foregoing instrument was aclmowledged before me this -;2*?&Aday of 2001, by THOMAS R. GETTINGS. Notary Public My Commission Expires: DONNA J P ou ►arAnr vueuc • A"m 02 M' Coma � Mox 1t 2m STATE OF ARIZONA ) ) ss. County of Maricopa ) The foregoin instivment was la�owledged before me this c:�jy ofNovember, 2001, by �/i� andt'cv�hey and respectivelyofDenro, Ltd., na corporation, the Managing Member of Denro Interests L.L.C., an Arizona limited liability company, the Manager of Denagon EM Properties, L.L.C., an Arizona limited liability company, the Manager of EAGLE MOUNTAIN INVESTORS, L.L.C., an Arizona limited liability company, for and on behalf thereof. Notary 'c My onAMR X SEAL SETTS Wo�lr PU* • shN of Arbon, MARICOPA COUNTY MYLWW Y90,2= H:\wpdocs\ML\EM\Aff of Cor.doc 3 EM\Aff of Cor.doc (November 21, 2001) ul%•30,02 WED 15:16 FAX 602 9552272 BISBIND, HUNG' & TAYLOR Z003 When recorded return to: Neil D. Biskind, Esq. Biskind, Hunt & Taylor, P.L.C. 11201 N. Tatum Blvd., Suite 330 Phoenix, AZ 85028 TRACT DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PARCEL 10/11 AT EAGLE MOUNTAIN THIS INSTRUMENT IS BEING RE -RECORDED SOLELY TO CORRECT A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION OF THE TRACT ATTACHED AS EXHIBIT "A" FOR PURPOSES OF ELIMINATING THE REFERENCE TO TRACT G THEREFROM. AS REFLECTED IN THE AFFIDAVIT OF CORRECTION RECORDED IN THE OFFICIAL RECORDS OF MAR.ICOPA COUNTY, ARIZONA, AS INSTRUMENT NO.20011178036, TRACT G WAS NOT INTENDED TO BE DEVELOPED AS PART OF THE TRACT AND, ACCORDINGLY, WAS NOT INTENDED TO BE SUBJECTED TO THE TRACT DECLARATION. U1.3U/U2 ►QED 15:16 F..a 602 9552272 FIDELITY TREE When recorded, return to: Neil D. Biskind, Esq. Kane Jorden von Oppenfeld Bischoff& Biskind, P.L.C. 4201 North 24th Street, Suite 300 Phoenix, Arizona 85016 BIS$IND. HUNT & TAYLOR OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER HELEN PURCELL 97-0752419 10/28/97 01:07 Ltuan $8 OF 57 TRACT DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PARCEL 10/11 AT EAGLE MOUNTAIN This Tract Declaration is made effective this P<ts day of October, 1997, by EAGLE MOUNTAIN INVESTORS, L.L.C., an Arizona limited liability company ("Declarant'. WITNESSETH: WHEREAS, Declarant is the developer of land located in Maricopa County, Arizona, which is being developed as Eagle Mountain a Development Master planned Community under the jurisdiction of the Town of Fountain Hills; and WHEREAS, Declarant executed and caused to be Recorded on February 7,1995, as Document No. 95-0070250 in the Marieopa County Recorder's Office, the Declaration of Cove- nants, Conditions and Restrictions for Eagle Mountain (the "Declaration'). The Declaration was amended by the First Amendment thereto Recorded as Document No. 95-0321017. The Declaration, as amended, is expressly incorporated herein and made a part hereof by this reference. Unless other- wise defined herein, every capitalized term and expression used herein shall have the same meaning as set forth for such terms and expressions in the Declaration. NOW, THEREFORE, Declarant hereby wishes to cause to be developed that portion of Eagle Mountain described on xhi it " » attached hereto (the "Tract'). It is hereby declared that the Tract shall be developed for Single Family Residential Use as defined in Article 4, Section 4.3.1 of the Declaration. 1. The Residential Design Review Committee shall provide written approval for all improvements to be made to or placed on the Tract. The Board of the Master Association must approve any additional deed restrictions or other documents which may be recorded against the Tract. H:IWPDOCSWII,IFM%GREYSTOMCLOSING.DOC 10/16/97 5.49 pm (PARCEL 10/11) 16004 ul-su/UZ OLD 15:17 rAI 6u2 9552272 BISBIND, HUNT & TAYLOR 16006 maintaining Special Service Area B and (ill the total amount of Area B Assessments levied against Lots and Parcels owned by Owners other than Declarant (exclusive of any allocation toward the establishment of reserves); however, at such time as Area B Assessments are levied against 450 Class A Memberships appurtenant to Lots and Parcels within Special Service Area B, Declarant's obligation to subsidize shall cease. 5. No Security Gate, Without the prior written consent of Declarant, which consent may be withheld in Declarant's sole, absolute and arbitrary discretion, no security gate at any entrance of the Tract may be installed and maintained on the Tract. 6. Limitation on Two -Story Dwelling Units. No two-story Dwelling Unit may be constructed on any comer Lot within the Tract or on any of the following Lots within the Tract: Lots 1, 2, 3, 18, 34, 35, 38, 39, 41, 46, 47, 60, 61 or 63. Additionally, no more than a total of nineteen (19) two-story Dwelling Units may be constructed in the Tract. No two-story Dwelling Unit may be constructed on a Lot if doing so will result in any Lot sharing more than one side yard boundary with a two-story Dwelling Unit (i.e., no more than two (2) two-story Dwelling Units may be constructed adjacent to each other). 7. Fines. Buyer and each Owner understands and acknowledges that it is subject to a potential fine of Twenty Thousand Dollars ($20,000) to be imposed by, and payable to, Declarant for any violation of the provisions of kgMgL4phL7 Q 8 above. Any such fine shall be considered a Maintenance Charge imposed pursuant to Section 10.3 of the Declaration, but same shall be paid to Declarant and not the Association. 8. Installation of Landscanin¢. Unless a written variance is obtained from the Residential Design Review Committee, each Owner of a Lot within the Tract shall be required to complete the landscaping (including all related irrigation systems) of the front yard and all areas visible from the street adjacent to the Lot within three (3) months following the issuance of the certificate of occupancy for the Dwelling Unit constructed on such Lot, or such shorter time period as may be provided for in any other covenants, conditions or restrictions affecting the Tract or any portion thereof. If any Owner fails to landscape its Lot in accordance with the requirements of this Paragraph, the Association shall have the right, but not the obligation, to enter upon such Owner's Lot to install such landscaping improvements as the Association deems appropriate. The cost of any such installation by the Association shall be paid to the Association by the Owner of the Lot upon demand by the Association. In the amount payable to the Association by an Owner pursuant to this Paragraph shall be secured by the assessment Lien, and the Association may enforce collection of such amount in the same manner and to the same extent as provided in the Declaration for the payment of Assessments. 9. Amen meet. Notwithstanding anything to the contrary contained herein or in the Declaration, the Board (and the Declarant so long as the Declarant owns any portion of Eagle F .NVIPDOCS A LNE)M GREYSTON%CLOSING.DOC 10/16/97 5:48 pm (PARCEL 10/11) O1%3Oi02 WED 15:18 FAX 602 9552272 BISKIND. 1! HUNT & TAYLOR 007 4' 52419 l�j Mountain) may, without the consent of any Owner or other person or entity, amend this Tract Declaration solely to correct any improper or inadequate designation of all or any portion of the Tract as being located in one or more applicable Special Service Areas. In no event, however, may the Board or the Declarant, without the consent of the majority of the Owners of Lots within the Tract, cause the Tract Declaration to be amended in a fashion so as to delete all or any portion of the Tract from inclusion within a Special Service Area. 10. Con_aftuction. All applicable provisions of the Declaration apply. This Tract Declaration shallte considered an integral part of the Declaration and construed with the Declaration as if the provisions hereof were specifically set forth therein. IN WITNESS WHEREOF, these presents have been executed by DecIarant as of the date first set forth above. EAGLE MOUNTAIN INVESTORS, L.L.C., an Arizona limited liability company By: Denagon EM Properties, L.L.C., an Arizona limited liability company, its Manager By: Denro Interests, L.L.C., an Arizona limited liability company, its Manager By: Denro, Ltd., an Arizona corporation, its Managing Member By: V'4 Its: a' k (/. P. H:XWPDOCSUvQ,MW1GREYSTON CInMG.DOC 10/16l97 5:48 pm (PARCEL 10/1 t) 4 01; aU/U2 WED 15:18 FA.X 602 9552272 BISKIND, ;rHUNT & TAFLOR 16008 fti } STATE OF ARIZONA ) ss. County of Maricopa ) The foregoing instrument was a6mowledged before me this A!&y of October, 1997, by 8Anar-i41 vD16j— , the Fjtro_ V . P. of Denro, Ltd., an Arizona corporation, the Managing Member of Demo Interests, L.L.C., an Arizona limited liability company, the Manager of Denagon EM Properties, L.L.C., an Arizona limited liability company, the Manager of EAGLE MOUNTAIN INVESTORS, L.L.C., an Arizona limited liability company for and on behalf thereof. Notary Public My Commission Expires: MELWDA IOUiSE ki►�bam.E�pihs W„a,19� 189g ii�WPDOCSiML tNG_DOC 10/16/97 5:48 pa (PARCEL 10✓1 u) ul: JU u2 WED 15:18 FAA 602 9552272 BISKIND. HUM' & TAYLOR (a009 Exhibit A Legal Description Lots 1 through 63, inclusive, and Tracts A through F. inclusive, and Tract H, EAGLE MOUNTAIN PARCEL 10/11 according to the plat of record in the office of the County Recorder of Maricopa County, Arizona, recorded in Book 436 of Maps, Page 32. Meeting of 2001-10-25 Regular Meeting TOWN OF FOUNTAIN HILLS MINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OCTOBER 25, 2001 A public meeting of the Fountain Hills Planning and Zoning Commission was convened and called to order by Chairman Howes at 6:30 p.m. October 25, 2001, in the Town Hall Council Chambers located at 16834 E. Palisades Boulevard, Building B, Fountain Hills, Arizona. AGENDA ITEM 7 — CONSIDERATION OF A RECOMMENDATION TO TOWN COUNCIL ON A PRELIMINARY PLAT FOR EAGLE MOUNTAIN PARCEL 10/11 TRACT G LOCATED IN THE EAGLE MOUNTAIN SUBDIVISION SOUTH OF SHEA BOULEVARD CASE NUMBER S2001-27. Mr. Valder presented the case to council. Chairman Howes asked if the applicant agreed with stipulations. Mr. Valder stated that the applicant had been in the office for a meeting and reviewed comments on the preliminary plat plans but had not spoken with them afterward. He stated he did not think it would be a problem. Commissioner Downes asked if the lot could be split again. He also said he thought that since they had already approved Eagle Mountain then that was it. Approval was for the whole thing and Tract G was left open space. Mr. Valder said Tract G was kept by the original developer and it could be split again. Commissioner O'Brien asked if the first land agreement with Los Altos Hills met the specific land open space agreement and asked if it could be developed now. Mr. Valder stated that the development agreement was in favor of the property owner and only the hillside disturbance requirements these lots would have to comply with are the same as other custom lots- the 4 times the foot print regulation. Commissioner Downes made a MOTION to approve the agenda item. Commissioner Mooney SECONDED and the motion carried unanimously. FROM : PHONE NO. : 4808368293 Nov. 26 2001 01:26A11 =2 Peter Sorrell & Paola Zanuttini 15173 L Tivilightview Dr. Fountain Bills, Az 85268 Town Council Town of Fountain Hills 16836 East Palisades Blvd. Building C Box 17958 Fountain Hills, Az. 85269 Attention: Town Council Re: Case Number S2001-27 I am writing in response to the application before the Town Council regarding the above file number which is applying to "re subdivide" 4.34 acres of land known as Tract G of Eagle Mountain Parcel 10/11, located North of Mira Vista Drive between Fireridge Trail and Palisades Boulevard. As residents of Eagle Mountain, we are opposed to this application as it will constitute a breach of representations made to us in purchasing our property from Greystone Homes. In addition, it will create an environment changed from the original plan for this development, severely impairing our property values, your tax base, and the "safety" of the bank above our homes. Surely you cannot sanction these kinds of changes on such an "after the fact" basis. We are unable to attend the meeting of Dec. 4 but have given our neighbor, Mr. Ed Charbonneau our written authority to speak on our behalf. Hopefully we will not have to seek legal remedy against the town of Fountain Hills, the land development company or the home builder for these changes. This may affect the value of our property, negatively, by as much as $100,000 and force us to consider leaving the community. We await your written response. Since2orrell Peter Ruhling, Denise From: Pickering, Tim ent: Tuesday, October 08, 2002 2:38 PM o: Ruhling, Denise Cc: Kavanagh,John Subject: RE: [Fwd: RE: Tonight's Council Meeting] Denise, Please ask the staff to include this item when preparing that agenda report in November. Thanks, Tim Pickering -----Original Message ----- From: Ruhling, Denise Sent: Tuesday, October 08, 2002 2:37 PM To: Pickering, Tim Subject: RE: [Fwd: RE: Tonight's Council Meeting] Tim: Per Maricopa County Assesor the Tax Payer on this property is Eagle Mountain Investors L.L.C. 5343 N. 16th Ste, Suite 460, Phoenix, Az 85016-3234 Denise -----Original Message ----- From: Pickering, Tim Sent: Tuesday, October 08, 2002 2:15 PM �D: Ruhling, Denise wc: Kavanagh, John Subject: FW: [Fwd: RE: Tonight's Council Meeting] Denise, Before this appears on the Nov 7 agenda, can you verify who pays the taxes on the property in question? Thanks, Tim Pickering -----Original message ----- From: Kavanagh, John Sent: Tuesday, October 08, 2002 8:44 AM To: Pickering, Tim Subject: [Fwd: RE: Tonight's Council Meeting] Tim, Could you have staff verify this claim concerning the Asociation paying the taxes. Thanks, John K > From: "Nimphie, Mark (M.)" <mnimphie@ford.com> > Date: 2002/10/07 Mon PM 04:57:52 EDT To: "'John Kavanagh'', <drjohnkavanagh@cox.net> Subject: RE: Tonight's Council Meeting > Thank you for the response. As additional information, I believe that we > (our Eagle Mountain Association) have also been responsible for taxes on 1 > this parcel the developer now wants to convert into saleable lots. I am > sure our Association reps will attend the meeting with the facts. Thank > you. > Mark R. Nimphie Manager, Global Technology Plans Research & Advanced Engineering > Ford Motor Company > (313)59-42370 Fax:(313)59-43834 > -----Original Message----- • From: John Kavanagh [mailto:drjohnkavanagh@cox.net] > Sent: Sunday, October 06, 2002 9:14 AM > To: Nimphie, Mark (M.) > Subject: Re: Tonight's Council Meeting > The item was continued but will eventually be brought up. Thank you for your > input and be assured that I will take it into account as I weigh all the > information I receive from the developer, staff, and other residents. > Thanks, > John Kavanagh > Town Councilman > ----- Original Message ----- > From: "Nimphie, Mark (M.)" <mnimphie@ford.com> > To: <jbeydler@fh.az.gov>; <marchambault@fh.az.gov>; <jkavanagh@fh.az.gov>; > <rmelendez@fh.az.gov>; <knicola@fh.az.gov>; <sralphe@fh.az.gov>; > <lfraverd@fh.az.gov> > Cc: <mulcahylaw@uswest.net> > Sent: Thursday, October 03, 2002 9:06 AM Subject: Tonight's Council Meeting > > Cn tonight's Town Council agenda you will here a proposal from Eagle > > Mountain Investors, L.L.C., to convert Eagle Mountain Parcel 10/11, Tract > G, > > from "Common Area" into two developable lots. As an owner in Eagle > Mountain > > (Lot 6, Solitude Canyon) and a current resident in Fountain Hills (Bella > > Lago Unit 117, 17025 E. La Montana), I strongly oppose this request. I > feel > > that it is fraudulent on the part of the developer to make such a request. > > They have designated this land as "Common Area" to all purchasers in their > > development, and our purchase was made in good faith that this land would > be > > used as so designated. > > Additionally, this property that they now want to convert for development > > and sale for their own benefit has been used and maintained by our > > association through the dues we pay every year. Not only will such added > > development have impact on quality of life in the community, it can also > > affect the value of all property owners' parcels. I feel that the > > developer has no right to attempt this conversion. Thank you for > > considering my view. > > Mark R. Nimphie > > Jane A. Nimphie 2 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Public Works Consent;,❑ Regular:.® Meeting Date:; 11/21/02 Requesting Actions® Tvne of Document =Needini�Approval fClieck=all that aivl ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Pr�oritv`(Checltitrounate=:Areas ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ® Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Tom Ward/Jim Leubner Report Only,:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Retrular Agenda Wording: Consideration of RESOLUTION 2002-46 abandoning all right, title, or interest in portions of certain public rights -of -way located within Fountain Hills Final Plat 208 between Parcel 1 and Parcel 8 as recorded in Book 144, Page 4 of the records of the Maricopa County Recorder which have been found to be no longer necessary. Approve kikj, Impact:, No $0.00 Purpo"s ' It°erntiand;Backgroun &orinahon This item on the Town Council's agenda is a proposal to abandon the 84' right-of-way on Verde River Drive between Stewart Vista and El Lago Boulevard in Plat 208 between Parcel 1 and Parcel 8 of the proposed Town Center III project. ti5t All Attaehinents as Foli6ws (1) Staff memo (2) Staff memo addendum (3) Resolution 2002-46 (4) Legal Description (Exhibit A) (5) Map Exhibit (Exhibit B) (6) Map depicting proposed land transfer. Verbal Sitnatures of SnimttinL*Staff: D artment Head Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) Town of Fountain Hills Council Action rm MeetingDate: Public Hearing began: am/pm Public Hearing ended: am/pm Ij Roll Call Archambault IFraverd, Nice Mayor I I I Copy/Distribute/Fol low -up File ".Iublish ecordation Staff Direction Signatures ,A Agenda Item #(s) ' O Approved Denied Tabled Date: Continued Date: Action"Taken: _. " Approved Tabled Continued -SR CounclvMeeting Notes Denied Date: TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor Beydler and DT: November 13, 2002 Town Council FR: Thomas L. Ward RE: Right-of-way Abandonment on Verde Director of Public W s River Drive between Stewart Vista and El Lago Boulevard - ROW 2002-03 This item on the Town Council's agenda is a proposal to abandon the 84' right-of-way on Verde River Drive between Stewart Vista and El Lago Boulevard in Plat 208 between Parcel 1 and Parcel 8 of the proposed Town Center III project. This abandoned right-of-way will become a part of the proposed multi -family development by MCO Properties, Inc. In return, MCO has agreed to deed a portion of Plat 208, Block 1, which will become an extension of the Community Center Plaza expansion. Attached please find a map depicting the proposed land transfer. Letters have been received from all utility companies with an agreement to abandon their facilities. The traffic report has been received from MCO Properties, will finalize the staff report on Monday, November 18, 2002. Resolution 2002-46 is being reviewed by the Town Attorney. Staff recommends approval of ROW 2002-03. \\earth\BBrannon\Dept Corr\Tom Ward\ROW Abandonment Verde River Drive.doc Chron TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor Beydler and DT: November 18, 2002 Town Council FR: Thomas L. War RE: Right-of-way Abandonment on Verde Director of Public s River Drive between Stewart Vista and El Lago Boulevard - ROW 2002-03 The purpose of this traffic study was to address the traffic and transportation impact from this proposed development on the internal street system. More specifically, was to confirm that the 40' roadway cross-section is appropriate with the abandonment of Verde River Drive from Stewart Vista Avenue to El Lago Blvd. Two key issues were analyzed to perform this study. The number of vehicular trips generated by the proposed development and the site -generated trips on the internal system based on the directional distribution. The proposed development will consist of condominiums, retail uses, office space, restaurants, hotel and a theater. It should be noted that traffic reports are calculated at 100% occupancy upon build out. At this time, plans submitted to the Town of Fountain Hills indicate that the proposed condominium development (Blocks 1 and 8) will enter and exit by way of El Lago Blvd. This will lessen the amount of traffic volume and allow better distribution if in fact a commercial theater is established. The traffic report findings indicate that 4916 daily trips will occur on Verde River Drive and 1070 daily trips will occur on Stewart Vista Avenue. These are daily trips based on the highest forecasted traffic volumes. The maximum amount of trips for a minor collector is 5000 vehicles per day. Proposed driveways and the most available access points are also calculated into these figures. Each segment of Verde River Drive and Stewart Vista Avenue is considered to be a separate roadway based on usage and volume. Therefore, the minor collector design, combined with the abandonment of Verde River Drive, is appropriate for the internal street system. Since the usage element is based on theory -, on street parking along Verde River and Stewart Vista, if permitted, would be minimal and shared parking will need to be considered when development plans are reviewed. A copy of the traffic report is available in the Engineering Department. Based on the daily trips and the internal street system of Town Center III, staff recommends approval of the abandonment of Verde River Drive from El Lago to Stewart Vista. * The Institute of Transportation Engineers' Trip Generation Manual, 6th Edition. \\earth\BBrannon\Dept Corr\Tom Ward\ROW Abandonment Verde River Drive Addendum.doc Chron 241 When recorded, return to: Public Works Department Town of Fountain Hills P.O. Box 17958 Fountain Hills, AZ 85269 RESOLUTION 2002-46 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA PURSUANT TO ARIZ. REV. STAT. § 28-7203 EXCHANGING PORTIONS OF VERDE RIVER DRIVE AS RECORDED IN BOOK 144, PAGE 4 OF THE RECORDS OF THE MARICOPA COUNTY RECORDER WHICH HAVE BEEN FOUND TO BE NO LONGER NECESSARY FOR PUBLIC USE, FOR CERTAIN NEARBY REAL PROPERTY TO BE USED FOR PUBLIC RIGHT-OF-WAY. WHEREAS, ARIZ. REV. STAT. § 28-7203 authorizes the Town of Fountain Hills (the "Town") to exchange unnecessary public roads with the owner of abutting property for all or part of a new right-of-way; and WHEREAS, the Town Council had determined that a portion of Verde River Drive is no longer necessary for public use and should be exchanged for a nearby parcel of land of equal size to the portion of Verde River Drive to be abandoned; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, AS FOLLOWS: SECTION 1. That the portion of Verde River Drive between Stewart Vista Avenue and El Lago Boulevard located in Plat 208 between Parcel 1 and Parcel 8 as recorded in Book 144, Page 4, Maricopa County Recorder Records, as more particularly described and depicted in Exhibit A attached hereto and incorporated herein by reference (the "Town Exchange Property"), is hereby declared to be no longer necessary for public use as right-of-way. SECTION 2. That the Town Council hereby determines the Town Exchange Property can best be used to further the public health, safety and welfare of citizens of the Town by exchanging it for an identically -sized parcel of land nearby, as depicted in Exhibit B attached hereto and incorporated herein by reference (the "Private Exchange Property"). SECTION 3. That upon recordation of this resolution in the office of the Maricopa County Recorder, title to the Town Exchange Property 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 and title to the Private Exchange Property shall vest in the Town. Resolution 2002-46 Page 1 of 2 PASSED AND ADOPTED November 21, 2002. FOR THE TOWN OF FOUNTAIN HILLS ATTEST: Tim G. Pickering, CecD, Town Manager 9196.001\Verde Dhve.Res.doc 11-15-02-1 C�L41-/ Cassie B. Hansen, Town Clerk APPROVED AS TO FORM: OA. r Andrew J. Mc uire, Town Attorney Resolution 200246 Page 2 of 2 Exhibit A LEGAL DESCRIPTION FOR VERDE RIVER DRIVE ABANDONMENT Being a portion of Fountain Hills, Arizona Plat No. 208 as recorded in Book 144 of maps, Page 4 Maricopa County Records and a portion of the east half of Section 15, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, more particularly described as follows: Commencing at the centerline intersection of El Lago Boulevard and Verde River Drive per said plat; Thence north 20 degrees 38 minutes 08 seconds along the centerline of said Verde River Drive, a distance of 42.00 feet to the POINT OF BEGINNING; Thence north 69 degrees 21 minutes 52 seconds west, a distance of 72.00 feet, to the beginning of a non -tangent curve being concave northwesterly and having a radius of 30.00 feet, a radial line passing through said point bears north 20 degrees 38 minutes 08 seconds east; Thence easterly along the arc of said curve, through a central angle of 90 degrees 00 minutes 00 seconds, an arc length of 47.12 feet, to a point on the westerly right-of-way line of Verde River Drive as shown on said Fountain Hills, .Arizona Final Plat No. 208; Thence north 20 degrees 38 minutes 08 seconds east, along the westerly right-of=way line of said Verde River Drive, a distance of 444.00 feet; Thence departing said right-of-way line of Verde River Drive, north 65 degrees 38 minutes 08 seconds east, a distance of 59.40 feet to a point of curvature for a non -tangent curve, concave northerly and having a radius of 60.00 feet, a radial line passing through said point bears north 20 degrees 38 minutes 08 seconds east, said point being on the centerline of said Verde River Drive; Thence easterly along the are of said curve, through a central angle of 31 degrees 47 minutes 23 seconds, an arc length of 33.29 feet to a point of reverse curve concave southerly, having a radius of 60.00 feet, a radial line passing through said point bears south 11 degrees 09 minutes 09 seconds east; Thence easterly along the arc of said curve, through a central angle of 31 degrees 47 minutes 23 seconds, an arc length of 33.29 feet; Thence south 69 degrees 21 minutes 52 seconds east, a distance of 8.79 feet to the point of curvature for a non -tangent curve, concave southeasterly, having a radius of 30.00 feet, a radial line passing through said point bears south 20 degrees 38 minutes 08 seconds west; said point being on the southerly right-of-way line of Stewart Vista Avenue as shown on said Fountain Hills, Arizona Final Plat No. 208; Thence departing said right-of-way line of Stewart Vista Avenue, westerly along the arc of said curve, through a central angle of 90 degrees 00 minutes 00 seconds, an arc length of 47.12 feet to a point on the easterly right-of-way line of Verde River Drive as shown on Fountain Hills, Arizona Final Plat No. 208; Verde River Drive Abandonment.doc Page 1 of 2 Thence south 20 degrees 38 minutes 08 seconds west, along said easterly right-of-way line of Verde River Drive, a distance of 474.00 feet to the beginning of a tangent curve, concave northeasterly, having a radius of 30.00 feet; Thence departing said right-of-way line of Verde River Drive southerly along the arc of said curve, through a central angle of 90 degrees 00 minutes 00 seconds, an arc length of 47.12 feet, said point being on the northerly right-of-way line of El Lago Boulevard, as shown on said Fountain Hills, Arizona Final Plat No. 208; Thence north 69 degrees 21 minutes 52 seconds west, a distance of 72.00 feet to the POINT OF BEGINNING; The above described parcel contains 43,229.24 square feet or 0.992 acres more or less. Verde River Drive Abandonment.doc Page 2 of 2 EXHIBIT B TOWN OF FOUNTAIN HILLS RIGHT-OF-WAY ABANDONMENT P cc,�MON 4, s BLOCK 2 y P ,°. 'Icy `\30�:0,2 �O� ; 7s BLOCK 7 4 J c= � `\g2\^w �' 3 a �� ; 75 P,yRcfC • . 30 8 77 J= S� l 37 Z 33 d< ` o. fl 3 00•�3 70 g g ( 3 R 79 36 7> 4 PARCf m 76 n\\ A"" VE DE AN R VE PQt' & BLOCK 1 -- -RIGHT-OF-WAY 77 \ PgRK7NGW F (T ) ? 7 TO BE ABAND NE 2 23 °. co"401v �.` 75 -AREA: 43229. 4 24 � P C ? 6 •: 2s v ram. r`P ?6 Np -�` �6,zl\If s R 4 BLOCK 8 03 y�) s P 0. R9oal• co moN 70 g � 2 9 1 \ N69 a POINT OF BEGINNING _f\ Cq _�57,> -. s G0 7 \ @OU�f 4 3 CURVE TABLE-- Q DELTA RADIUS LENGTH 1 90,00,00" 30.00, 47.12 2 31'47 23 60.00 33.29 3 31'47 23 60.00 33.29 4 0 90'00'0' 30.00 47.12 5 1 90'00 00 30.00 47.12 I INF TABLE ❑ BEARING DIST. 1 N20'38'08"E 42.00' 2 N69'21'52"W 72.00' 3 N 20'38 08 E 444.00 4 N65'38 08'E 59.40 5 S69'21 52 E 8.79 6 S20'38'08"W 474.00 7 N69'21'52' W 72.00' ®R/W TO BE ABANDONED — - AREA: 43229.24 SF OR 0.992 AC 0 100, 200' 400' SCALE: 1 "=200' DATE: 11-14-2002 MAP BASED ON FOUNTAIN HILLS ARIZONA, FINAL PLAT 208, BOOK 144, PAGE 4 1%w TOWN OF FOUNTAIN HILLS AND MCO PROPERTIES, INC. PLAT 208 LAND TRANSFER co /a/ 6 BLOCK 2 g �° �� S N'v o PROPOSED LAND , CQUISI; 0411 n�77 -CIY MCO TO TOWN �_/7s Q AREAS 43229.25 Z _ N69 75 100. Q1 b Q Ra3ppo 00, g 40 4; , 72 00 p0'0 U o �U, 71 :ILA w S 60 ,°° 4 7F (ryp ``� >p ` r°� 7 4,y /4 e 14 00,00. V�STq� 36 / 7j g. 793 \ V`\ 1pp. PgRCeC o / 76 (Jyp' sp ° VER"bE RIVER [RIVE BLOCK 1 / RIGHT-OF-W 27 PgRk/� �.e <Typ 7 o TO BE ABAN pONED/22 s G /N oOMMON) o ^oo�,/ �' 7 AREA: 43229.24__S¢ g 2 o 74 r00 (7�p) 70 s 8 3 � 42 , PgRcec •�,. /V6 73 s\..w 6 4 00•. 4, e BLOCK 8 \ 98 S 4 R 3p000OO, gp.0rp ARkl7y� OE iTy 70 $ 9 8 N69 27 �2»w 6 6 0 75' 150' 300, \ eoU�E S SCALE: 1 "=150' \ DATE: 11-14-2002 MAP BASED ON FOUNTAIN HILLS ARIZONA, FINAL PLAT 208, BOOK 144, PAGE 4 *Aw I i Town of Fountain Hills Council Action Meeting Date: ����D �--^ Public Hearing began: , C o> am%pm Public Hearing ended: j c> : �o am/pm Se"G t, 0 ; wl o`J Roll Call Archambault Beydler, Mayor Fraverd, Vice Mayor Kavanagh Melendez Nicola Ralphe Amendment: Second: Roll Call Archambault Beydler, Mayor Fraverd, Vice Ma Kavanagh Melendez Nicola Ralphe Action: 'ublish i Recordation Aye F1 Agenda Item #(s) 11 `+ 1 1- Action Taken: Approved Denied Tabled Date: Continued Date: Action Taken: Approved Denied Tabled Date: Continued Date: Action Taken: Approved Denied Tabled Date: Continued Date: Post Council Meeting Notes: Town of Fountain Hills Town Council Agenda Action Form � Regular Meeting Meeting Date: 11/21/02 Submitting Department: Community Development Contact Person: Jesse Drake, AICP Consent:❑ Regular:® Requesting Action:® TvDe of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Appropriate Areas ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report Only:❑ ® Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: Consideration of Ordinance 02-16 to modify Chapter 5, Section 5.1 LB.1, of The Zoning Ordinance for the Town of Fountain Hills to clarify the amount of clearing or grading that can be done for fire safety reasons. Case number Z2002-09. 1, Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: Town staff has been notified of an increasing number of property owners that are clearing large non -disturbance areas or hillside protection areas under the guise of fire safety. The Town would like to clarify the restrictions for fire safety clearing. The ordinance would allow property owners to create a fire -safe zone around structures while still preserving, to the maximum extent possible, the natural desert environment in the non -disturbance and Hillside Protection Easement portions of individual lots. List All Attachments as Follows: Staff memo, graphic example of grading standard usage, photos of existing violations, Planning and Zoning Commission meeting minutes. Type(s) of Presentation: transparancies Signatures of Submitting Staff: De rtment Head Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) Ark TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT TOWN COUNCIL MEMO TO: Honorable Mayor Beydler and DT: November 21, 2002 Town Council FR: Jesse Drake, AICP; Interim Director JD RE: Z2002-09 Ordinance 02-16 Community Development Grading Standards for Fire Safety This request is for approval of Ordinance 02-16 to modify Chapter 5, Section 5.1 LB.1, of The Zoning Ordinance for the Town of Fountain Hills to clarify the amount of clearing or grading that can be done for fire safety reasons. Town staff has been notified of an increasing number of property owners that are clearing large non - disturbance areas or hillside protection areas under the guise of fire safety. The Town would like to clarify the restrictions for fire safety clearing. The ordinance would allow property owners to create a fire -safe zone around structures while still preserving, to the maximum extent possible, the natural desert environment in the non -disturbance and Hillside Protection Easement portions of individual lots. Below is the proposed amendment to Chapter 5, Section 5.11.B.1, of The Zoning Ordinance for the Town of Fountain Hills: (deleted text has strilexgh and added text is double nder CHAPTER 5 GENERAL PROVISIONS 5.11 Land Disturbance Standards B. Grading Standards Grading_ permits. There shall be No person shall cause or permit any clearing or grading on, or to, any site other than soil tests (100 square feet maximum in size) prior to the issuance of a zoning clearance ord priEw to the issuanee of a clearing or grading permit. Brushing —(to fefneve grass, wee, Anv brushing clearing, trimming or grading in all zoning districts. on anv vacant lots, or on developed lots in non_ -disturbance areas or Hillside Protection Easements shall require a grading permit and shall be pre -approved by the Town's Fire Marshal or authorized representative In no case shall any brushing clearing trimming or grading extend further than a defensible space which shall be defined as, and shall be limited to a band of land measured horizontally up to a maximum of thirty (30) feet from any structure. Any cacti, shrub or plant in the defensible space shall not be removed unless identified as dead by the Fire Marshal Dead trees in the defensible space shall be removed Live vegetation beneath trees within the defensible space shall not be removed but should be maintained at a height that will deter its functioning as a "ladder" for fire to travel from the ground vegetation into the tree crown. Live vegetation within the defensible space shall have all dead material removed and should be thinned and pruned to reduce fire intensity and rate of spread Owners of vacant lots shall provide a defensible space from an adjoining property owner's structure per recommendations determined from an on -site inspection from the Fire Marshall or authorized designee. Any clearing fra defensible space that extends into anon -disturbance area or into a Hillside Protection Easement area is prohibited without prior written authorization from the Fire Marshal or authorized designee after an on -site inspection of the area Any clearing of a vacant lot is prohibited unless the clearing is for a defensible space to an adjoining structure as outlined previously in this subsection 5 11 B 1 Elimination of wildlife habitat for protected species is prohibited. A person found guilty of violating the provisions of this subsection 5.11.13.1 shall be subject to the penalties established in Section 5 11 I.B. 12.b of the Town of Fountain Hills Zoning Ordinance. RECOMMENDATION: The Planning and Zoning Commission, with five members in attendance, recommended unanimous approval of this text amendment at the October 24, 2002 meeting, and staff recommends approval of Ordinance 02-16 to modify Chapter 5, Section 5.11.B.1 of The Zoning Ordinance for the Town of Fountain Hills. tlearth\Jl)rakc\Drake tiles\Reports-20021102-09 Grading Ord-TC memo.docl0/29/2002 is TOWN OF FOUNTAIN HILLS ORDINANCE 02-16 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING CHAPTER 5, SECTION 5.11.B.1 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO CLARIFY THE AMOUNT OF CLEARING OR GRADING THAT CAN BE DONE FOR FIRE SAFETY REASONS. 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 amend its regulations to allow for a modification of the requirements for grading standards, and; WHEREAS, The Town of Fountain Hills has rewritten Chapter 5, Section 5.1 LB.1 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 9, October 16, and October 23, 2002, and; WHEREAS, Public hearings were advertised in the October 9, October 16, and October 23, 2002, 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 24, 2002 and by the Fountain Hills Town Council on November 21, 2002. 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 5, Section 5.11.B.1 of The Zoning Ordinance for the Town of Fountain Hills shall be amended as follows, with text to be deleted shown as s*r-iket .-augh and text to be added shown as double -underlined: B. Grading Standards 1. Grading_ permits. There shall be No person shall cause or permit anv clearing or grading on, or to, any site other than soil tests (100 square feet maximum in size) prior to the issuance of a zoning clearance or and prior- to the issuance-4 a clearing or grading permit. Brushingto Ordinance 02-16 Page 1 of 2 femove b , weeds and „the nde .able eateas: .. a) L,ie may present ^ potential f ffe. ha d -Any brushing. clearing, or grading in all zoning districts. on any vacant lots, or on developed lots in non -disturbance areas or Hillside Protection Easements, shall require a grading permit and shall be pre -approved —by the Town's Fire Marshal or authorized representative. In no case shall any brushing, clearing. or grading extend further than a defensible space which shall be defined as, and shall be limited to, a band of land measured horizontally un to a maximum of thirty (30) feet from any structure. Any cacti, shrub or plant in the defensible space shall not be removed unless identified as dead by the Fire Marshal. Dead trees in the defensible space shall be removed. Live vegetation beneath trees within the defensible space shall not be removed, but should be maintained at a height that will deter its functioning as a "ladder" for fire to travel from the ground vegetation into the tree crown. Live vegetation within the defensible space shall have all dead material removed and should be thinned and pruned to reduce fire intensity and rate of spread. Owners of vacant lots shall provide a defensible space from an adjoining property owner's structure per written recommendations determined from an on -site inspection from the Fire Marshall or authorized designee. Any clearing for a defensible space that extends into a non -disturbance area or into a Hillside Protection Easement area is prohibited without prior written authorization from the Fire Marshal or authorized designee after an on -site inspection of the area. Any clearing of a vacant lot is prohibited unless the clearing is for a defensible space to an adjoining structure as outlined previously in this subsection 5.11.B.1. Elimination of wildlife habitat for protected species is prohibited. A person found guilty of violating the provisions of this subsection 5.11.B. I shall be subject to the penalties established in Section 5 1I.B. 12.b of the Town of Fountain Hills Zoning Ordinance. ® PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 21st day of November, 2002. FOR THE TOWN OF FOUNTAIN HILLS ATTESTED TO: ZZ Tim . Pickering, Town Manager � assie B. Hansen, Director of Administration/Town Clerk APPR VED AS TO FORM: A f - YA,&= Andrew Mc tluire, Town Attorney Ordinance 02-16 Page 2 of 2 i-K TOWN OF FOUNTAIN HILLS ,%W MINUTES OF A REGULAR MEETING OF THE PLANNING & ZONING COMMISSION OCTOBER 24, 2002 A public meeting of the Fountain Hills Planning & Zoning Commission was convened and called to order by Chairman Downes at 6:30 p.m. October 24, 2002, in the Town Hall Council Chambers located at 16834 E. Palisades Boulevard, Building B, Fountain Hills, AZ. AGENDA ITEM #1 — CALL TO ORDER, PLEDGE TO THE FLAG, MOMENT OF SILENT REFLECTION AND ROLL CALL. Chairman Downes called the meeting to order at 6:30 p.m. Present for the meeting were Chairman Michael Downes, Vice -Chairman William O'Brien, and Commissioners, Avril Forest, Jerry Caldwell and Tony Woodrel. Commissioners Dennis Brown and Jay Schlum had excused absences. Also present was Interim Director of Community Development, Senior Planner Dana Burkhardt, and Executive Assistant Joan Blankenship. CONSENT AGENDA Vice -Chairman O'Brien made a MOTION to approve the Consent Agenda (Items 2 and 3) as presented. Commissioner Woodrel SECONDED and the motion CARRIED unanimously. The results of the roll call vote were as follows: Commissioner Caldwell aye Commissioner Forest aye Commissioner Woodrel aye Vice -Chairman O'Brien aye Chairman Downes aye AGENDA ITEM #4 — PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED AMENDMENT TO THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS THAT WOULD CLARIFY THE GRADING STANDARDS IN ALL ZONING DISTRICTS FOR FIRE SAFETY CLEARING AND GRADING, CASE NUMBER Z2002-09 Chairman Downes opened the Public Hearing at 6:33 p.m. Mrs. Drake presented the staff report to the Commission. Vice -Chairman O'Brien suggested that the ordinance be revised to include the word "written" between "per" and "recommendation" on Page 1, fourth line from the bottom. Mrs. Drake said she would revise the language to include the word "written". Chairman Downes asked if the Town could legally require that a next -door neighbor clear the area around their home just because a house was being constructed on the adjacent lot. Planning and Zoning Commission Meeting Minutes October 24, 2002 Page I of I l Mrs. Drake stated that she had spoken to the Town Attorney, who agreed that the language contained in the proposed ordinance was legal. She added that ordinance would fall under the heading of health and safety guidelines. Chairman Downes asked if a time limit would be imposed for the completion of the grading after the construction on the adjacent lot had begun. Mrs. Drake deferred to the Interim Fire Chief, Mark Zimmerman. Chief Zimmerman stated that each case would be taken into consideration individually. He explained that if there were a barrier wall, or the vegetation was receiving adequate moisture, then the neighbor would probably not be required to clear his land for fire safety if it was within the 30-foot band of the adjacent house. Chief Zimmerman added that in a situation where there were 15 to 20 feet of open area before the area of brush, there would not be the need to clear the brush for fire safety. Chairman Downes asked if it was at the fire department's discretion. Chief Zimmerman reiterated that each case would be evaluated on an individual basis. Commissioner Caldwell asked if, after the home was built, the fire department would go out and determine if the brush was a fire hazard. Chief Zimmerman answered that the fire department would go out if there were a question or complaint about a particular lot. He stated that each situation would require an individual inspection. Commissioner Caldwell stated that it was fire department's option to make sure there was adequate fire safety. Chief Zimmerman agreed, but added that brush within the washes was a different issue. He stated that the Town is responsible for making sure the washes are clear of brush. Mrs. Drake stated that the Town did not want blading of an entire lot under the guise of fire protection. She added that a permit would be required and that questionable lots would fall under the purview of the Fire Marshal. Commissioner Forest asked if the term "thinned and pruned" should be better defined so that it would be less subjective. She suggested using a diameter size as a more specific definition of what needed to be trimmed. Mrs. Drake explained that by not being too specific, it allowed the Fire Marshal to determine what was acceptable and what was not. She stated that she had struggled with the language and had considered using a certain diameter size as the limit, but that she didn't want everything cleared on a lot just because it was bigger that the diameter size limit. Mrs. Drake added that with this language it gave the Fire Marshal the opportunity to decide what should be cleared. Chairman Downes stated that he thought the fire department was leaving them open to a lot of argument on whether a situation was a fire safety issue. Chairman Downes suggested that the Fire Marshal be very specific when writing up what needs to be graded. He added that homeowners are Planning and Zoning Commission Meeting Minutes October 24, 2002 Page 2 of 11 going to be upset and think that being required to clear their lot of brush is an infringement on the right to enjoy their property. Chairman Downes closed the Public Hearing at 6:48 p.m. AGENDA ITEM #5 - CONSIDERATION OF A RECOMMENDATION TO THE TOWN COUNCIL ON A PROPOSED AMENDMENT TO THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS THAT WOULD CLARIFY THE GRADING STANDARDS IN ALL ZONING DISTRICTS FOR FIRE SAFETY CLEARING AND GRADING, CASE NUMBER Z2002-09. Vice -Chairman O'Brien made a MOTION to recommend approval of the amendment that would include the word "written" between "per" and "recommendation" on Page 1, fourth line from the bottom. Commissioner Woodrel SECONDED and the motion CARRIED unanimously. AGENDA ITEM #6 - PUBLIC HEARING TO RECEIVE COMMENTS ON A SPECIAL USE PERMIT APPLICATION FOR A PROPOSED STEALTH WIRELESS COMMUNICATION FACILITY AT THE COMFORT INN. LOCATED AT 17105 E. SHEA BOULEVARD, CASE NUMBER SU2002-08. Chairman Downes opened the Public Hearing opened at 6:49 p.m. Mrs. Drake presented the staff report to the Commission. A graphic was shown of the proposed modification. Vice -Chairman O'Brien asked if the 1,000-foot separation between towers was a Town ordinance requirement or if it were technologically necessary. Mrs. Drake answered that the Zoning Ordinance required it, but that the Town Council could waive the requirement. Commissioner Forest asked if the antennas could co -habit within the cupola. Mrs. Drake answered that the antennae currently housed in the cupola is multi -directional and uses the entire cupola space. She added there would not be enough vertical separation if other antennas were located in the cupola. Chairman Downes stated that when the antennae housed within the cupola was approved, Firerock Resort Casitas wasn't mentioned. He stated that the Zoning Ordinance requires that towers of the height proposed be a minimum of 1,000 feet apart. Chairman Downes stated that approval of the wireless antennae could not be based on the fact that 6 of the 8 requirements are met. He went on to say that if 2 requirements were not met, then the proposed antennae would be in violation of the ordinance. He went on to say that he was under the impression that when the original cupola Planning and Zoning Commission Meeting Minutes October 24, 2002 Page 3 of l 1 antennae was approved, more than one antenna could be located there. He stated that the Town Council had the ability to approve something that did not meet all of the requirements of the Zoning Ordinance, but that the Commission did not. Mrs. Drake stated that a precedent wasn't set when the cupola antennae was installed a distance of less than the 300 feet from the nearest residence. She stated that there are others within Town that are closer than the minimum of 300 feet. She stated that co -location was not approved when the original cupola antennae was permitted. Chairman Downes stated that the precedent at this location was set with the original cupola antennae. He asked how the distance between towers could be mitigated. Mrs. Drake answered that the Zoning Ordinance states that stealth applications are the preferred method for communication facilities in the Town. Commissioner Woodrel asked if the 1,000-foot separation was for towers rather than stealth facilities. Mrs. Drake answered that according to the Zoning Ordinance, these antennas qualified as towers. Chairman Downes closed the Public Hearing at 6:59 p.m. AGENDA ITEM #7 - CONSIDERATION OF A RECOMMENDATION TO THE TOWN COUNCIL ON A SPECIAL USE PERMIT APPLICATION FOR A PROPOSED STEALTH WIRELESS COMMUNICATION FACILITY AT THE COMFORT INN, LOCATED AT 17105 E. SHEA BOULEVARD, CASE NUMBER SU2002-08. Commissioner Woodrel made a MOTION to recommend approval of the Special Use Permit to the Town Council. Vice -Chairman O'Brien SECONDED. Chairman Downes stated that approving things that are not in conformance with the Zoning Ordinance is opening us up to a fight. He stated that if the Zoning Ordinance doesn't work, the ordinance should be changed. Chairman Downes stated that he would be voting "no" based on that logic, but that he really didn't disagree with having the antennas in the proposed chimneys. Commissioner Caldwell asked if a precedent had been set before the original cupola antennae was approved. Chairman Downes answered that the less than 300-foot distance from the nearest residential property precedent was set on this project with the approval of the original cupola stealth antennae. Chairman Downes asked if there were any other wireless antennas in Town less than the required 1,000-foot separation. Planning and Zoning Commission Meeting Minutes October 24, 2002 Page 4 of 11 Mrs. Drake stated that the wireless facilities at Four Peaks Park and the high school were less than 1,000 feet in separation. She added that the facilities at LaVida Buena Condominiums and the church on Fountain Hills Boulevard at Ironwood Drive were less than the required 300 feet from the nearest residence. The motion CARRIED by a vote of 4 "ayes" to 1 "nay" made by Chairman Downes. AGENDA ITEM #8 - PUBLIC HEARING TO RECEIVE COMMENTS ON A SPECIAL USE PERMIT APPLICATION FOR A 77-UNIT MULTI -FAMILY RESIDENTIAL DEVELOPMENT IN A "C-2" INTERMEDIATE COMMERCIAL ZONING DISTRICT, KNOWN AS "THE VILLAS DEL CIELO", LOCATED IN TOWN CENTER II, LOTS 2, 3, AND 4, SOUTHWEST OF AVENUE OF THE FOUNTAINS, WEST OF THE POST OFFICE, NORTH OF EL LAGO BOULEVARD, AND SOUTHEAST OF AVENIDA VIDA BUENA, CASE NUMBER SU2002-02. Chairman Downes opened the Public Hearing at 7:05 p.m. Mr. Burkhardt presented staff report for both the Special Use Permit and the Preliminary Plat to the Commission. Vice -Chairman O'Brien asked for the height of Villa d'Este. Mr. Burkhardt answered that they were approximately 20 to 21 feet. Commissioner Forest asked what was behind the amenity area. Mr. Burkhardt explained that it was a large retention basin for the church property. Mr. Burkhardt stated that the Special Use Permit was to allow residential units in a commercial zoning district. Commissioner Woodrel asked if the 2-sided sidewalk in the interior of the project was only about one-third of the total length of sidewalk. Mr. Burkhardt said that that was correct. Commissioner Woodrel asked if the sidewalk was in compliance with the Zoning Ordinance. Mr. Burkhardt said that it was typical for projects of this size and density to only have a single -sided sidewalk. Chairman Downes stated that this was about the fifth or sixth plan that has come before the Commission that is part of the Town Center agreement. He added that he thought the Commission had recommended approval of them all. Commissioner Downes stated that part of the Town Center agreement requires that the Town give Special Use Permits to multi -family residential developers as our part of the bargain. He stated that the Town received Fountain Park, the Community Center land, and the New Town Center Property. He stated that MCO Properties got cooperation from the Town in developing the Town Center. Chairman Downes asked how that sits with relation to that time period. Mrs. Drake asked for a more specific interpretation of "how that sits". Planning and Zoning Commission Meeting Minutes October 24, 2002 Page 5 of 11 Chairman Downes stated that a few months ago something to do with the Town Center was withdrawn by MCO. Since then, the Commission hadn't seen anything more. Mrs. Drake explained that Town Center III, Lots 2 and 7 are going to the Town Council as a final plat on November 7, 2002. She stated that she did not have an exact timeline on when the multi- family projects would begin. Chairman Downes asked if Stewart Vista and Verde River Drive were going to be vacated. He stated that when he read the Town Center agreement, part of the process was to have a viewing corridor from the Community Center to the Fountain. He asked if that was no longer happening. Mrs. Drake explained that the linear park that connected the Community Center and the Fountain plan is not a part of the plans submitted to the Town to date. She added that she didn't believe the linear park was still part of MCO's plan, and wasn't shown in the Blocks 2 and 7 plats. Chairman Downes stated that with that particular agreement MCO was legally doing what they had to do, but not morally doing what they should. He stated that he was disappointed that the Planning and Zoning Commission was not going to be involved in the plan review process and would have no say on the final plat. Commissioner Caldwell asked how the number of units allowed in Town Center was calculated. Vice -Chairman O'Brien answered that the Town Council on one hand wanted to encourage multi- family housing in the downtown area, but still wanted to restrict the total number of units. Mike Snodgrass, 16807 E. Palisades, stated that Dana had done excellent job of summarizing the proposal. He stated that the units proposed were approximately 1,600 to 2,300 sq ft. and 2-unit buildings/duplexes. Mr. Snodgrass stated that this project was part of the 400 units permitted in Town Center. He stated that this project was originally planned with 84 units with 6 to 9 per building. Mr. Snodgrass agreed that designing more open space within the project site would be good, but that it would also decrease the density. He added that this would be a good project for Town Center. Chairman Downes stated that there were several instances on the plat where the buildings were close to the sidewalk and very close to the street, especially at the angled garages. Chairman Downes expressed his concern that in order to get into some of the garages, the driver would have to make a 180-degree U-turn. He added that the middle units had even less room to maneuver. Mr. Snodgrass explained that there was the required 19 feet of stacking area in front of the garages. Chairman Downes stated that if a driver were driving north and wanted to pull into the third building, they would have to make a right turn into the driveway, back up, and then go forward again. David Montgomery, Montgomery Engineering, Parkview Avenue, stated that he had worked with staff on the design of the project. Planning and Zoning Commission Meeting Minutes October 24, 2002 Page 6 of 11 Chairman Downes explained that the third and fourth building residents would have a problem parking. He stated that on the east side of the street, there were only about 10 to 12 feet between the street and the front of the garage. He added that a driver would have to make a U-turn within a 15- foot area, going back and forth in front of other garages. Mr. Montgomery stated that the driveways in that area were 18 feet at the sidewalk. He added that a car could be parked there, but that an SUV might have more difficulty. Chairman Downes stated that the units on the west side have the full 19 feet of stacking area. He added that, eventually, drivers would learn to come in from Avenue of the Fountains if their unit is on the east side and from El Lago Boulevard if their unit is on the west side. Chairman Downes said that it looked like every square foot of the project was covered by buildings, driveways, streets, retention areas, and parking, with the exception of the required perimeter landscaping. He stated that residents would have to take their catch games into the street. He stated that there was hardly any open space of any considerable size. He added that there were too many buildings on the site and, although it met the regulations, the site was too crowded. Chairman Downes stated that guest parking requirements had been met, but that most of the extra spaces were located at the amenity area. He stated that the guest parking spaces should have been more evenly distributed. Mr. Montgomery pointed out that 19-foot tandem parking at the garages was not required, but could provide additional parking spaces. He added that, in that case, the applicant had exceeded the minimum requirements. Mr. Snodgrass pointed out that 19 feet in front of garages is not an ordinance requirement, but rather a staff request. He stated that the original design showed a center driveway for all 3 buildings, but did not meet the 19-foot stacking. He said that the CopperWynd project did not have 19-foot stacking in front of the garages. Gary Yarwood, 16450 E. Avenue of the Fountain, Thunder Ridge, unit 21 and Board member of that community stated that the grade along Avenue of the Fountains was substantially above the sidewalk. He asked how the land would be graded. Mr. Yarwood asked if the building roofs were planned to be flat or peaked. Chairman Downes answered that the roofs would be peaked. Mr. Yarwood asked about the retention pond on the north side of the development and where it would drain in a heavy rain. Mr. Montgomery stated that the grade differential along Avenue of the Fountains would be terraced with retaining walls and vegetation to break up the visual impact of the walls. He stated that the drainage basin proposed was very small, but was required to retain 90 percent of the flow in a 10- year storm. He went on to say that any additional run-off in a heavy storm would drain into Avenue of the Fountains toward the east and away from Thunder Ridge. Planning and Zoning Commission Meeting Minutes October 24, 2002 Page 7 of 1 I Mr. Yarwood commented that in Thunder Ridge, the garages and driveways were angled. He stated that he did not feel it was a good design and one that required significant cooperation between unit owners. Chairman Downes stated that there were 25 units in the cul-de-sac area with a bulb radius of 42 feet where it should be 45 feet. Mr. Montgomery stated that the right-of-way was 45 feet, with the pavement being 40 feet, and this project had 2 feet over the minimum. He stated that there had to be 45 feet for bumper overhang for the fire department to turn corners. Jim Leubner, Engineering Department, stated that the right-of-way on local streets was 45 feet and 40 feet on hillside local streets. He added that this project met the requirements. Chairman Downes stated that when the plan was approved for the church, the driveway and parking at the church was discussed. He went on to say that they had talked about putting in a 3-foot wall, but that it would be inadequate for keeping lights from shining into units 3, 4, and 5. Mr. Snodgrass assured the Commission that there would be a wall at the rear of the project, which would take care of the parking lights, but not lights coming from vehicles driving through the parking lot. He added that lights would shine into the last 5 buildings on the southwest side of the project. Mr. Snodgrass stated that there would be strong landscaping along that side. Chairman Downes asked what would be included in the amenity area. Mr. Snodgrass answered that there would probably be a BBQ, pool, and spa, but that it hadn't been finalized as yet. Commissioner Woodrel commented that he thought this was an attractive, low -density project that would be a plus for the Town. He agreed that there were some issues pertaining to entering the site, but that those issues were standard on any development of this size. He complemented the developer and added that having the right number of units was the key to making a project work. Chairman Downes closed the Public Hearing at 7:55 p.m. Planning and Zoning Commission Meeting Minutes October 24, 2002 Page 8 of 11 AGENDA ITEM #9 - CONSIDERATION OF A RECOMMENDATION TO THE TOWN COUNCIL ON A SPECIAL USE PERMIT APPLICATION FOR A 77-UNIT MULTI- FAMILY RESIDENTIAL DEVELOPMENT IN A "C-2" INTERMEDIATE COMMERCIAL ZONING DISTRICT, KNOWN AS "THE VILLAS DEL CIELO", LOCATED IN TOWN CENTER II, LOTS 2, 3, AND 4, SOUTHWEST OF AVENUE OF THE FOUNTAINS, WEST OF THE POST OFFICE, NORTH OF EL LAGO BOULEVARD, AND SOUTHEAST OF AVENIDA VIDA BUENA, CASE NUMBER SU2002-02. Commissioner Woodrel made a MOTION to recommend approval of the Special Use Permit to the Town Council with staff recommended stipulation. Commissioner Caldwell SECONDED. Commissioner O'Brien asked if there was a stipulation that required that the amenities be disclosed. Mrs. Drake explained that the Special Use Permit request was to allow residential units in a commercial zoning district, but not what type of multi -family units, which would be a concept plan issue. Chairman Downes asked if discussion on the preliminary plat discussion would be more appropriate. Mrs. Drake answered that the preliminary plat was for the lot join and didn't include details such as amenity areas. Chairman Downes asked if the Commission recommended approval on the Special Use Permit and preliminary plat, would they get to see a concept plan at some point. Mr. Burkhardt explained that, as part of the final plat, there be an approved concept plan by the Commission. He added that the Commission could stipulate that the applicant provide a design for the amenity area at final plat. Commissioner Woodrel AMENDED THE MOTION to require that the project have concept plan approval of the amenity area prior to Council's approval of the final plat. Commissioner Caldwell SECONDED THE AMENDMENT. Chairman Downes commented that this application was for a Special Use Permit and as such meant that the Commission could put practically any stipulation they wanted on the project as long as it was in compliance with the Town Center agreement and had nothing to do with the health and welfare of the Town. He went on to say that he thought the proposed project was too dense, with not enough open area. Chairman Downes suggested that the item be tabled until the developer could show what they planned to do with the open area. He added that he would be voting to deny the motion. Vice -Chairman O'Brien stated that Chairman Downes was expressing the flip side of his concern for the wireless facility in an earlier agenda item. He stated that if a project met all the requirements, the Commission had to approve it. Vice -Chairman O'Brien stated that in regard to the Planning and Zoning Commission Meeting Minutes October 24, 2002 Page 9 of 11 stealth wireless facility discussion Chairman Downes had said that the proposal did not meet the �W codes, but that he wanted it anyway. Vice -Chairman O'Brien stated that this was an attractive site. He added that having a more open and less dense project would be good, but that the ordinance should be changed if it didn't require that. Chairman Downes stated that he would normally agree with Vice -Chairman O'Brien, but that this application was for a Special Use Permit and the Commission could do what it wanted and set the rules. Commissioner Woodrel commented that he felt that when the Town goes from commercial uses to multi -family uses, it was considered downzoning with less of an impact for the Town. Chairman Downes reiterated that the project was too dense in his opinion. He stated that it wasn't the number of units, but rather the size and expanse of the project. The motion CARRIED by a vote of 4 "ayes" to 1 "nay" made by Chairman Downes. AGENDA ITEM #10 - CONSIDERATION OF A RECOMMENDATION TO THE TOWN COUNCIL ON A PRELIMINARY PLAT FOR "THE VILLAS DEL CIELO" CASE NUMBER S2002-06. Vice -Chairman O'Brien made a MOTION to recommend approval of the preliminary plat to the Town Council. Commissioner Woodrel SECONDED and the motion CARRIED by a vote of 4 "ayes" to 1 "nay" made by Chairman Downes. AGENDA ITEM #11 - CONSIDERATION OF CALLING A SPECIAL MEETING OF THE PLANNING & ZONING COMMISSION. Mrs. Drake explained that the second Commission meeting in November fell on Thanksgiving Day. She added that there were several items on the previous meeting's agenda that would have to wait to go to the Town Council until the minutes were approved. She stated that the meeting suggested for Tuesday, November 26`h, would only have approval of the November 14`h minutes on it. Chairman Downes asked if there would be much on the agenda if the Commission met on November 26tn Mrs. Drake answered that staff was trying to keep the agenda clear except for approval of the meeting minutes. Vice -Chairman O'Brien made a MOTION to reschedule the November 28, 2002, Commission meeting to November 26, 2002. Commissioner Forest SECONDED and the motion CARRIED unanimously. Planning and Zoning Commission Meeting Minutes October 24, 2002 Page 10 of 11 AGENDA ITEM #12 - CALL TO THE PUBLIC. No speakers came forward. AGENDA ITEM #13 - PURSUANT TO A.R.S. 4-38-431.03.A.4, VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSION OR CONSULTATION WITH THE TOWN ATTORNEY REGARDING A.R.S. OPEN MEETING LAWS. Vice -Chairman O'Brien made a MOTION to recess the Regular Meeting and go into Executive Session. Commissioner Caldwell SECONDED and the motion CARRIED unanimously. Chairman Downes recessed the regular meeting at 8:10 p.m. AGENDA ITEM #14 - RETURN TO REGULAR MEETING. Chairman Downes reconvened the Regular Meeting at 8:35 p.m. AGENDA ITEM #15 — ADJOURNMENT Commissioner Woodrel made a MOTION to adjourn the meeting. Vice -Chairman O'Brien SECONDED and the motion CARRIED unanimously. The meeting was adjourned at 8:36 p.m. FOUNTAIN HILLS PLANNING & ZONING COMMISSION fflm ATTEST: Michael Downes, Chairman Joan Blankenship, Executive Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the meeting of the Fountain Hills Planning and Zoning Commission held on the 24th day of October 2002. I further certify that the meeting was duly called and that a quorum was present. Date this day of 2002. Joan Blankenship, Executive Assistant Planning and Zoning Commission Meeting Minutes October 24, 2002 Page 11 of 11 TOWN OF FOUNTAIN HILLS ORDINANCE 02-16 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING CHAPTER 5, SECTION 5.11.13.1 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO CLARIFY THE AMOUNT OF CLEARING OR GRADING THAT CAN BE DONE FOR FIRE SAFETY REASONS. 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 amend its regulations to allow for a modification of the requirements for grading standards, and; WHEREAS, The Town of Fountain Hills has rewritten Chapter 5, Section 5.11.B.1 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 9, October 16, and October 23, 2002, and; WHEREAS, Public hearings were advertised in the October 9, October 16, and October 23, 2002, 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 24, 2002 and by the Fountain Hills Town Council on November 21, 2002. 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 5, Section 5.1 LB.1 of The Zoning Ordinance for the Town of Fountain Hills shall be amended as follows, with text to be deleted shown as striketh -ough and text to be added shown as double -underlined: B. Grading Standards 1. Grading_ permits. TheFe shall be No person shall cause or Hermit anv clearing or grading on, or { to, any site other than soil tests (100 square feet maximum in size) prior to the issuance of a zoning clearance or ana +^ he4&s�� a clearing or grading permit. Ordinance 02-16 Page 1 of 2 fefneve gr-ass, weeds a -ad other- undesifable vegetation) whieh may pfeseat a potential Fffe hazaf:d Anv brushing, clearing, or grading in all zoning districts, on any vacant lots, or on developed lots in non -disturbance areas or Hillside Protection Easements. shall require a grading permit and shall be pre -approved by the Town's Fire Marshal or authorized representative. In no case shall any brushing, clearing, or grading extend further than a defensible space which shall be defined as, and shall be limited to, a band of land measured horizontally up to a maximum of thirty (30) feet from any structure. Any cacti, shrub or plant in the defensible space shall not be removed unless identified as dead by the Fire Marshal. Dead trees in the defensible space shall be removed. Live vegetation beneath trees within the defensible space shall not be removed, but should be maintained at a height that will deter its functioning as a "ladder" for fire to travel from the ground vegetation into the tree crown. Live vegetation within the defensible space shall have all dead material removed and should be thinned and pruned to reduce fire intensity and rate of spread. Owners of vacant lots shall provide a defensible space from an adjoining property owner's structure per written recommendations determined from an on -site inspection from the Fire Marshall or authorized designee. Any clearing for a defensible space that extends into a non -disturbance area or into a Hillside Protection Easement area is prohibited without prior written authorization from the Fire Marshal or authorized designee after an on -site inspection of the area. Any clearing of a vacant lot is prohibited unless the clearing is for a defensible space to an adjoining structure as outlined previously in this subsection 5.11.B.1. Elimination of wildlife habitat for protected species is prohibited. A person found guilty of violating the provisions of this subsection 5.11.B.1 shall be subject to the penalties established in Section 5.11.B.12.b of the Town of Fountain Hills Zoning Ordinance. PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 21 st day of November, 2002. FOR THE TOWN OF FOUNTAIN HILLS Tim G. Pickering, Town Manager ATTESTED TO: a44�� ��� Cassie B. Hansen, Director of Administration/Town Clerk APPR VED AS TO FORM: c '�" Andrew Mc uire, Town Attorney Ordinance 02-16 Page 2 of 2 Town of Fountain Hills Council Action Meeting Date: Agenda Item #(s) Public Hearing began: f 0 a ar LM-) Public Hearing ended: 11D 31- am/pm Amendment: Second: Roll Call Archambault Beydler, Mayor Fraverd, Vice Mayor '<avana h Melendez Nicola Ralghe Amendment: Second: Roll Call Archambault Beydler, Mayor Fraverd, Vice Mayor Kavanagh Melendez Nicola Ralghe Action. 'ublish Record Nay Action Taken: Approved Tabled Continued Action Taken: Action Taken: Post Council Meeting Notes: Approved Tabled Continued Denied Date: Date: Approved Denied Tabled Date: Continued Date: Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 11/21/02 Submitting Department: Community Development Contact Person: Jesse Drake, AICP Consent:❑ Regular:® Requesting Action:® Tvae of Document Needing Annroval (Check all that anal ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ® Special/Temp Use Permit ❑ Other: Council Priority (Check Annronriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Rezular Agenda Wording: Consideration of a Special Use Permit for "Nextel Communications" to allow a wireless communication facility consisting of an equipment room within an existing motel and a two new chimney -style structures containing stealth antennas at The Comfort Inn. Case Number SU2002-08 Staff Recommendation`: Approve Fiscal Impact: No $ Purpose of Item and Background Informations This request is for approval of a Special Use Permit to allow Nextel Communications to construct a wireless communication facility consisting of an equipment room in one of the interior motel rooms, and the addition of two new chimney -style structures on the roof containing stealth antennas. List AlI Attachments as Follows: Staff memo, staff report, graphics of site with proposed antennas, aerial of site showing distance measurements from residential and between antennas. Tyne(s) of Presentation: transparancies Signatures of Submitting Staffs Budget Review (if item not budgeted or exceeds budget amount) Town Manager / Designee TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT TOWN COUNCIL MEMO TO: Honorable Mayor Beydler and DT: November 21, 2002 Town Council FR: Jesse Drake, AICP; Interim Director JD RE: SU2002-08 Nextel Communication Community Development This request is for approval of a Special Use Permit to allow Nextel Communications to construct a wireless communication facility consisting of an equipment room in one of the interior motel rooms, and the addition of two new chimney -style structures on the roof containing stealth antennas. The proposed antennas will be screened by two newly constructed chimney -style roof -mounted structures that will coordinate with the existing style of the building. The proposed wireless facility is appropriately concealed within the new architectural additions, has been carefully designed to integrate well into the structure of the existing motel architecture and serves to minimize the adverse visual impact on the community. The proposal is in conformance with the following general guidelines for wireless facilities as stated in the Chapter 17 of the Town of Fountain Hills Zoning Ordinance but does not meet two of the requirements for a permitted use: The first non-conformance is the three hundred foot separation from residential property at the southern property boundary. A portion of the Firerock Resort Casitas, zoned "R-5" is within the 300-foot spacing limitation. The closest proposed antenna is 255 feet from the nearest residential structure. Additionally, the proposal does not meet the minimum separation requirement of 1000 feet between towers for antennas at this height. There is an existing stealth wireless facility at the Comfort Inn that is hidden inside the cupola above the main lobby, a distance of 75 feet from the proposed eastern antenna array and a distance of 85 feet from the proposed western antenna array. Council may waive these separation requirements per Section 17.06.B.3. The chimney -style facility, with current wireless technology, is not suitable for co -location due to the limited availability of vertical separation that would be required for another carrier to share the space, however, other possibilities for co -location at this same motel property may exist. The Planning and Zoning Commission recommended approval of SU2002-08, "Nextel Communication' at the October 24, 2002 meeting by a vote of four ayes and one nay (five commissioners in attendance). The nay vote was from Chairman Downes who stated that the application was visually appropriate but that he was opposed to the application because it was not in full conformance with the zoning ordinance. Staff recommends approval of SU 2002-08, "Nextel Communication". EADrake ri1es\Reports-2002VSU02-08 Nextel-TC memo.docl0/25/2002 TOWN OF FOUNTAIN HILLS PLANNING AND ZONING COMMISISON AND STAFF REPORT November 21, 2002 CASE NO: SU2002-08 LOCATION: 17105 East Shea Boulevard, aka_ Final Plat 704, Lot 2. REQUEST: Consideration of a Special Use Permit to allow a wireless communication facility consisting of an equipment room within an existing motel and a two new chimney -style structures containing stealth antennas at The Comfort Inn. PROJECT MANAGER: Jesse Drake, AICP; Interim Director of Community Development -J P DESCRIPTION: APPLICANT: OWNER: EXISTING ZONING: EXISTING CONDITION: David Yates/LCC-Nextel Keshav Properties, Inc. "C-2" Comfort Inn Motel SURROUNDING LAND USES AND ZONING: NORTH: Existing office and shopping center, zoned "C-1". SOUTH: Cereus Wash EAST: Existing convenience store and car wash, zoned "C-2". WEST: Existing restaurant zoned "C-2". SUMMARY: This request is for approval of a Special Use Permit to allow Nextel Communications to construct a wireless communication facility consisting of an equipment room in one of the interior motel rooms, and the addition of two new chimney -style structures on the roof containing stealth antennas. Nextel Communications proposes to locate the equipment for the antennas within an existing interior room on the second floor. The construction of all cabling to the roof -mounted antennas will be hidden on both the interior and exterior of the site. The proposed antennas will be screened by two newly constructed chimney -style roof -mounted structures that will coordinate with the existing style of the building. No part of the new construction will exceed the forty foot height limitation for the C-2 zoning district. The east chimney structure is proposed to be 38 feet nine inches high, and the west chimney structure is proposed to be 33 feet nine inches high. The sides of the chimneys will completely conceal the antennas and will be constructed of radio frequency "transparent" fiberglass material textured and painted to match the existing building. The existing wireless site in the cupola is built to forty feet high, the maximum allowed in the zoning district. Parking for the service technician is accommodated with the existing parking for the motel. As the property now exists, 46 parking spaces are required and 63 spaces are provided. SU02-08 Nextel SheaSaguaro-TC.doc Page 1 of 3 EVALUATION: The proposal is in conformance with the following general guidelines for wireless facilities as stated in the Chapter 17 of the Town of Fountain Hills Zoning Ordinance: • Encourage the location of towers in non-residential areas • Minimize the total number to tower throughout the community • Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single -use towers • Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal • Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques Section 17.05.13.2 of the Town of Fountain Hills Zoning Ordinance states that a wireless communication facility can be considered a Permitted Use if they are constructed as "Alternative tower structures when such structures and their accompanying equipment are appropriately blended into the surrounding terrain, are within the height limitations of the underlying zoning district and are not nearer than three hundred (300) feet to residentially zoned and platted property." The proposed wireless facility is appropriately concealed within the new architectural additions, has been carefully designed to integrate well into the structure of the existing motel architecture and serves to minimize the adverse visual impact on the community. The addition of the chimney -style architectural elements eliminates the need for an additional base, tower, or structure for the antenna arrays and therefore reduces the visual clutter that might otherwise be generated with a new, freestanding tower structure. The natural contours of the original site at the time of the motel construction were primarily flat, and no cuts or fill were required when the motel was built. Therefore, the requested forty foot height for the chimney structures is within the height limitation for the zoning district. The proposed wireless facility would qualify as a Permitted Use, and would be administratively approved except that the proposal does not meet two of the requirements for a permitted use. The first non- conformance is the three hundred foot separation from residential property at the southern property boundary. The property boundary is adjacent to Cereus Wash but a portion of the Firerock Resort Casitas, zoned "R-5" is within the 300-foot spacing limitation. The closest proposed antenna is 255 feet from the nearest residential structure. Additionally, the zoning ordinance includes a minimum separation requirement of 1000 feet between towers for antennas at this height that is not met in this application. There is an existing stealth wireless facility at the Comfort Inn that is hidden inside the cupola above the main lobby, a distance of 75 feet from the proposed eastern antenna array and a distance of 85 feet from the proposed western antenna array. Council may waive these separation requirements per Section 17.06.13.3. The chimney -style facility, with current wireless technology, is not suitable for co -location due to the limited availability of vertical separation that would be required for another carrier to share the space, however, other possibilities for co -location at this same motel property may exist. SU02-08 Nextel SheaSaguaro-TC.doc Page 2 of 3 RECOMMENDATION: The Planning and Zoning Commission recommended approval of SU2002-08, "Nextel Communication' at the October 24, 2002 meeting by a vote of four ayes and one nay (five commissioners in attendance). The nay vote was from Chairman Downes who stated that the application was visually appropriate but that he was opposed to the application because it was not in full conformance with the zoning ordinance. Staff recommends approval of SU 2002-08, "Nextel Communication'. SU02-08 Nextel SheaSaguaro-TC.doc Page 3 of 3 91 oh di II b all1 � � N <$o lip 3B0 i L*— ilia I t a Z W W M&NAMA-1 4 ------------- r-, Z O ill u it •3 o g a i -lei Plit ��. - : - • �Y- �111111111 1� i 7s x 11 1Aw• .� A`14 ool r �R ,:.�. • •g .•� � ' ;;'!� ',` - : !!' tom. - • t • I�'�.�1. r�` �77�pvl v Irh.,• • � �.^� ' ` Ike +'. .. �, �` Y• dp 24 ItA Z,• - r. • JJ,. • •• ' ZC Ir l 0 oil • �F f • f• Or. • •{!s ;tA,, "" < :� . fir: •. .• to i `` `� • � I.' r�` a ,� rf• :� � : � +�.�, :� " � , 4;;'.' e7:, JF Ilk y � • � '-�-..: Tom. :� � � �r•r • r �. 410 • �►• � ice' 14$w • M S ' a_ j • y •.. Y� � 1 _�'' t TOWN OF FOUNTAIN HILLS MINUTES OF A REGULAR MEETING OF THE PLANNING & ZONING COMMISSION OCTOBER 24, 2002 A public meeting of the Fountain Hills Planning & Zoning Commission was convened and called to order by Chairman Downes at 6:30 p.m. October 24, 2002, in the Town Hall Council Chambers located at 16834 E. Palisades Boulevard, Building B, Fountain Hills, AZ. AGENDA ITEM #1 — CALL TO ORDER, PLEDGE TO THE FLAG, MOMENT OF SILENT REFLECTION AND ROLL CALL. Chairman Downes called the meeting to order at 6:30 p.m. Present for the meeting were Chairman Michael Downes, Vice -Chairman William O'Brien, and Commissioners, Avril Forest, Jerry Caldwell and Tony Woodrel. Commissioners Dennis Brown and Jay Schlum had excused absences. Also present was Interim Director of Community Development, Senior Planner Dana Burkhardt, and Executive Assistant Joan Blankenship. CONSENT AGENDA Vice -Chairman O'Brien made a MOTION to approve the Consent Agenda (Items 2 and 3) as presented. Commissioner Woodrel SECONDED and the motion CARRIED unanimously. The results of the roll call vote were as follows: Commissioner Caldwell aye Commissioner Forest aye Commissioner Woodrel aye Vice -Chairman O'Brien aye Chairman Downes aye AGENDA ITEM #4 — PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED AMENDMENT TO THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS THAT WOULD CLARIFY THE GRADING STANDARDS IN ALL ZONING DISTRICTS FOR FIRE SAFETY CLEARING AND GRADING, CASE NUMBER Z2002-09. Chairman Downes opened the Public Hearing at 6:33 p.m. Mrs. Drake presented the staff report to the Commission. Vice -Chairman O'Brien suggested that the ordinance be revised to include the word "written" between "per" and "recommendation" on Page 1, fourth line from the bottom. Mrs. Drake said she would revise the language to include the word "written". Chairman Downes asked if the Town could legally require that a next -door neighbor clear the area around their home just because a house was being constructed on the adjacent lot. Planning and Zoning Commission Meeting Minutes October 24, 2002 Page 1 of 11 Mrs. Drake stated that she had spoken to the Town Attorney, who agreed that the language contained in the proposed ordinance was legal. She added that ordinance would fall under the heading of health and safety guidelines. Chairman Downes asked if a time limit would be imposed for the completion of the grading after the construction on the adjacent lot had begun. Mrs. Drake deferred to the Interim Fire Chief, Mark Zimmerman. Chief Zimmerman stated that each case would be taken into consideration individually. He explained that if there were a barrier wall, or the vegetation was receiving adequate moisture, then the neighbor would probably not be required to clear his land for fire safety if it was within the 30-foot band of the adjacent house. Chief Zimmerman added that in a situation where there were 15 to 20 feet of open area before the area of brush, there would not be the need to clear the brush for fire safety. Chairman Downes asked if it was at the fire department's discretion. Chief Zimmerman reiterated that each case would be evaluated on an individual basis. Commissioner Caldwell asked if, after the home was built, the fire department would go out and determine if the brush was a fire hazard. Chief Zimmerman answered that the fire department would go out if there were a question or complaint about a particular lot. He stated that each situation would require an individual inspection. Commissioner Caldwell stated that it was fire department's option to make sure there was adequate fire safety. Chief Zimmerman agreed, but added that brush within the washes was a different issue. He stated that the Town is responsible for making sure the washes are clear of brush. Mrs. Drake stated that the Town did not want blading of an entire lot under the guise of fire protection. She added that a permit would be required and that questionable lots would fall under the purview of the Fire Marshal. Commissioner Forest asked if the term "thinned and pruned" should be better defined so that it would be less subjective. She suggested using a diameter size as a more specific definition of what needed to be trimmed. Mrs. Drake explained that by not being too specific, it allowed the Fire Marshal to determine what was acceptable and what was not. She stated that she had struggled with the language and had considered using a certain diameter size as the limit, but that she didn't want everything cleared on a lot just because it was bigger that the diameter size limit. Mrs. Drake added that with this language it gave the Fire Marshal the opportunity to decide what should be cleared. Chairman Downes stated that he thought the fire department was leaving them open to a lot of argument on whether a situation was a fire safety issue. Chairman Downes suggested that the Fire Marshal be very specific when writing up what needs to be graded. He added that homeowners are Planning and Zoning Commission Meeting Minutes October 24, 2002 Page 2 of 11 going to be upset and think that being required to clear their lot of brush is an infringement on the right to enjoy their property. Chairman Downes closed the Public Hearing at 6:48 p.m. AGENDA ITEM #5 - CONSIDERATION OF A RECOMMENDATION TO THE TOWN COUNCIL ON A PROPOSED AMENDMENT TO THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS THAT WOULD CLARIFY THE GRADING STANDARDS IN ALL ZONING DISTRICTS FOR FIRE SAFETY CLEARING AND GRADING CASE NUMBER Z2002-09. Vice -Chairman O'Brien made a MOTION to recommend approval of the amendment that would include the word "written" between "per" and "recommendation" on Page 1, fourth line from the bottom. Commissioner Woodrel SECONDED and the motion CARRIED unanimously. AGENDA ITEM #6 - PUBLIC HEARING TO RECEIVE COMMENTS ON A SPECIAL USE PERMIT APPLICATION FOR A PROPOSED STEALTH WIRELESS COMMUNICATION FACILITY AT THE COMFORT INN, LOCATED AT 17105 E. SHEA BOULEVARD, CASE NUMBER SU2002-08. Chairman Downes opened the Public Hearing opened at 6:49 p.m. Mrs. Drake presented the staff report to the Commission. A graphic was shown of the proposed modification. Vice -Chairman O'Brien asked if the 1,000-foot separation between towers was a Town ordinance requirement or if it were technologically necessary. Mrs. Drake answered that the Zoning Ordinance required it, but that the Town Council could waive the requirement. Commissioner Forest asked if the antennas could co -habit within the cupola. Mrs. Drake answered that the antennae currently housed in the cupola is multi -directional and uses the entire cupola space. She added there would not be enough vertical separation if other antennas were located in the cupola. Chairman Downes stated that when the antennae housed within the cupola was approved, Firerock Resort Casitas wasn't mentioned. He stated that the Zoning Ordinance requires that towers of the height proposed be a minimum of 1,000 feet apart. Chairman Downes stated that approval of the wireless antennae could not be based on the fact that 6 of the 8 requirements are met. He went on to say that if 2 requirements were not met, then the proposed antennae would be in violation of the ordinance. He went on to say that he was under the impression that when the original cupola Planning and Zoning Commission Meeting Minutes October 24, 2002 Page 3 of 11 antennae was approved, more than one antenna could be located there. He stated that the Town ,,. Council had the ability to approve something that did not meet all of the requirements of the Zoning Ordinance, but that the Commission did not. Mrs. Drake stated that a precedent wasn't set when the cupola antennae was installed a distance of less than the 300 feet from the nearest residence. She stated that there are others within Town that are closer than the minimum of 300 feet. She stated that co -location was not approved when the original cupola antennae was permitted. Chairman Downes stated that the precedent at this location was set with the original cupola antennae. He asked how the distance between towers could be mitigated. Mrs. Drake answered that the Zoning Ordinance states that stealth applications are the preferred method for communication facilities in the Town. Commissioner Woodrel asked if the 1,000-foot separation was for towers rather than stealth facilities. Mrs. Drake answered that according to the Zoning Ordinance, these antennas qualified as towers. Chairman Downes closed the Public Hearing at 6:59 p.m. AGENDA ITEM #7 - CONSIDERATION OF A RECOMMENDATION TO THE TOWN COUNCIL ON A SPECIAL USE PERMIT APPLICATION FOR A PROPOSED STEALTH WIRELESS COMMUNICATION FACILITY AT THE COMFORT INN, LOCATED AT 17105 E. SHEA BOULEVARD, CASE NUMBER SU2002-08. Commissioner Woodrel made a MOTION to recommend approval of the Special Use Permit to the Town Council. Vice -Chairman O'Brien SECONDED. Chairman Downes stated that approving things that are not in conformance with the Zoning Ordinance is opening us up to a fight. He stated that if the Zoning Ordinance doesn't work, the ordinance should be changed. Chairman Downes stated that he would be voting "no" based on that logic, but that he really didn't disagree with having the antennas in the proposed chimneys. Commissioner Caldwell asked if a precedent had been set before the original cupola antennae was approved. Chairman Downes answered that the less than 300-foot distance from the nearest residential property precedent was set on this project with the approval of the original cupola stealth antennae. Chairman Downes asked if there were any other wireless antennas in Town less than the required 1,000-foot separation. Planning and Zoning Commission Meeting Minutes October 24, 2002 Page 4 of 11 Mrs. Drake stated that the wireless facilities at Four Peaks Park and the high school were less than 1,000 feet in separation. She added that the facilities at LaVida Buena Condominiums and the church on Fountain Hills Boulevard at Ironwood Drive were less than the required 300 feet from the nearest residence. The motion CARRIED by a vote of 4 "ayes" to 1 "nay" made by Chairman Downes. AGENDA ITEM #8 - PUBLIC HEARING TO RECEIVE COMMENTS ON A SPECIAL USE PERMIT APPLICATION FOR A 77-UNIT MULTI -FAMILY RESIDENTIAL DEVELOPMENT IN A "C-2" INTERMEDIATE COMMERCIAL ZONING DISTRICT, KNOWN AS "THE VILLAS DEL CIELO", LOCATED IN TOWN CENTER II, LOTS 2, 3, AND 4, SOUTHWEST OF AVENUE OF THE FOUNTAINS, WEST OF THE POST OFFICE, NORTH OF EL LAGO BOULEVARD, AND SOUTHEAST OF AVENIDA VIDA BUENA, CASE NUMBER SU2002-02. Chairman Downes opened the Public Hearing at 7:05 p.m. Mr. Burkhardt presented staff report for both the Special Use Permit and the Preliminary Plat to the Commission. Vice -Chairman O'Brien asked for the height of Villa d'Este. Mr. Burkhardt answered that they were approximately 20 to 21 feet. Commissioner Forest asked what was behind the amenity area. Mr. Burkhardt explained that it was a large retention basin for the church property. Mr. Burkhardt stated that the Special Use Permit was to allow residential units in a commercial zoning district. Commissioner Woodrel asked if the 2-sided sidewalk in the interior of the project was only about one-third of the total length of sidewalk. Mr. Burkhardt said that that was correct. Commissioner Woodrel asked if the sidewalk was in compliance with the Zoning Ordinance. Mr. Burkhardt said that it was typical for projects of this size and density to only have a single -sided sidewalk. Chairman Downes stated that this was about the fifth or sixth plan that has come before the Commission that is part of the Town Center agreement. He added that he thought the Commission had recommended approval of them all. Commissioner Downes stated that part of the Town Center agreement requires that the Town give Special Use Permits to multi -family residential developers as our part of the bargain. He stated that the Town received Fountain Park, the Community Center land, and the New Town Center Property. He stated that MCO Properties got cooperation from the Town in developing the Town Center. Chairman Downes asked how that sits with relation to that time period. Mrs. Drake asked for a more specific interpretation of "how that sits". Planning and Zoning Commission Meeting Minutes October 24, 2002 Page 5 of 11 Chairman Downes stated that a few months ago something to do with the Town Center was withdrawn by MCO. Since then, the Commission hadn't seen anything more. Mrs. Drake explained that Town Center III, Lots 2 and 7 are going to the Town Council as a final plat on November 7, 2002. She stated that she did not have an exact timeline on when the multi- family projects would begin. Chairman Downes asked if Stewart Vista and Verde River Drive were going to be vacated. He stated that when he read the Town Center agreement, part of the process was to have a viewing corridor from the Community Center to the Fountain. He asked if that was no longer happening. Mrs. Drake explained that the linear park that connected the Community Center and the Fountain plan is not a part of the plans submitted to the Town to date. She added that she didn't believe the linear park was still part of MCO's plan, and wasn't shown in the Blocks 2 and 7 plats. Chairman Downes stated that with that particular agreement MCO was legally doing what they had to do, but not morally doing what they should. He stated that he was disappointed that the Planning and Zoning Commission was not going to be involved in the plan review process and would have no say on the final plat. Commissioner Caldwell asked how the number of units allowed in Town Center was calculated. Vice -Chairman O'Brien answered that the Town Council on one hand wanted to encourage multi- family housing in the downtown area, but still wanted to restrict the total number of units. Mike Snodgrass, 16807 E. Palisades, stated that Dana had done excellent job of summarizing the proposal. He stated that the units proposed were approximately 1,600 to 2,300 sq ft. and 2-unit buildings/duplexes. Mr. Snodgrass stated that this project was part of the 400 units permitted in Town Center. He stated that this project was originally planned with 84 units with 6 to 9 per building. Mr. Snodgrass agreed that designing more open space within the project site would be good, but that it would also decrease the density. He added that this would be a good project for Town Center. Chairman Downes stated that there were several instances on the plat where the buildings were close to the sidewalk and very close to the street, especially at the angled garages. Chairman Downes expressed his concern that in order to get into some of the garages, the driver would have to make a 180-degree U-turn. He added that the middle units had even less room to maneuver. Mr. Snodgrass explained that there was the required 19 feet of stacking area in front of the garages. Chairman Downes stated that if a driver were driving north and wanted to pull into the third building, they would have to make a right turn into the driveway, back up, and then go forward again. David Montgomery, Montgomery Engineering, Parkview Avenue, stated that he had worked with staff on the design of the project. Planning and Zoning Commission Meeting Minutes October 24, 2002 Page 6 of 11 Chairman Downes explained that the third and fourth building residents would have a problem parking. He stated that on the east side of the street, there were only about 10 to 12 feet between the street and the front of the garage. He added that a driver would have to make a U-turn within a 15- foot area, going back and forth in front of other garages. Mr. Montgomery stated that the driveways in that area were 18 feet at the sidewalk. He added that a car could be parked there, but that an SUV might have more difficulty. Chairman Downes stated that the units on the west side have the full 19 feet of stacking area. He added that, eventually, drivers would learn to come in from Avenue of the Fountains if their unit is on the east side and from El Lago Boulevard if their unit is on the west side. Chairman Downes said that it looked like every square foot of the project was covered by buildings, driveways, streets, retention areas, and parking, with the exception of the required perimeter landscaping. He stated that residents would have to take their catch games into the street. He stated that there was hardly any open space of any considerable size. He added that there were too many buildings on the site and, although it met the regulations, the site was too crowded. Chairman Downes stated that guest parking requirements had been met, but that most of the extra spaces were located at the amenity area. He stated that the guest parking spaces should have been more evenly distributed. Mr. Montgomery pointed out that 19-foot tandem parking at the garages was not required, but could provide additional parking spaces. He added that, in that case, the applicant had exceeded the minimum requirements. Mr. Snodgrass pointed out that 19 feet in front of garages is not an ordinance requirement, but rather a staff request. He stated that the original design showed a center driveway for all 3 buildings, but did not meet the 19-foot stacking. He said that the CopperWynd project did not have 19-foot stacking in front of the garages. Gary Yarwood, 16450 E. Avenue of the Fountain, Thunder Ridge, unit 21 and Board member of that community stated that the grade along Avenue of the Fountains was substantially above the sidewalk. He asked how the land would be graded. Mr. Yarwood asked if the building roofs were planned to be flat or peaked. Chairman Downes answered that the roofs would be peaked. Mr. Yarwood asked about the retention pond on the north side of the development and where it would drain in a heavy rain. Mr. Montgomery stated that the grade differential along Avenue of the Fountains would be terraced with retaining walls and vegetation to break up the visual impact of the walls. He stated that the drainage basin proposed was very small, but was required to retain 90 percent of the flow in a 10- year storm. He went on to say that any additional run-off in a heavy storm would drain into Avenue of the Fountains toward the east and away from Thunder Ridge. Planning and Zoning Commission Meeting Minutes October 24, 2002 Page 7 of 11 Mr. Yarwood commented that in Thunder Ridge, the garages and driveways were angled. He stated that he did not feel it was a good design and one that required significant cooperation between unit owners. Chairman Downes stated that there were 25 units in the cul-de-sac area with a bulb radius of 42 feet where it should be 45 feet. Mr. Montgomery stated that the right-of-way was 45 feet, with the pavement being 40 feet, and this project had 2 feet over the minimum. He stated that there had to be 45 feet for bumper overhang for the fire department to turn corners. Jim Leubner, Engineering Department, stated that the right-of-way on local streets was 45 feet and 40 feet on hillside local streets. He added that this project met the requirements. Chairman Downes stated that when the plan was approved for the church, the driveway and parking at the church was discussed. He went on to say that they had talked about putting in a 3-foot wall, but that it would be inadequate for keeping lights from shining into units 3, 4, and 5. Mr. Snodgrass assured the Commission that there would be a wall at the rear of the project, which would take care of the parking lights, but not lights coming from vehicles driving through the parking lot. He added that lights would shine into the last 5 buildings on the southwest side of the project. Mr. Snodgrass stated that there would be strong landscaping along that side. Chairman Downes asked what would be included in the amenity area. Mr. Snodgrass answered that there would probably be a BBQ, pool, and spa, but that it hadn't been finalized as yet. Commissioner Woodrel commented that he thought this was an attractive, low -density project that would be a plus for the Town. He agreed that there were some issues pertaining to entering the site, but that those issues were standard on any development of this size. He complemented the developer and added that having the right number of units was the key to making a project work. Chairman Downes closed the Public Hearing at 7:55 p.m. Planning and Zoning Commission Meeting Minutes October 24, 2002 Page 8 of 11 AGENDA ITEM #9 - CONSIDERATION OF A RECOMMENDATION TO THE TOWN COUNCIL ON A SPECIAL USE PERMIT APPLICATION FOR A 77-UNIT MULTI- FAMILY RESIDENTIAL DEVELOPMENT IN A "C-2" INTERMEDIATE COMMERCIAL ZONING DISTRICT, KNOWN AS "THE VILLAS DEL CIELO", LOCATED IN TOWN CENTER II, LOTS 2, 3, AND 4, SOUTHWEST OF AVENUE OF THE FOUNTAINS, WEST OF THE POST OFFICE, NORTH OF EL LAGO BOULEVARD, AND SOUTHEAST OF AVENIDA VIDA BUENA, CASE NUMBER SU2002-02. Commissioner Woodrel made a MOTION to recommend approval of the Special Use Permit to the Town Council with staff recommended stipulation. Commissioner Caldwell SECONDED. Commissioner O'Brien asked if there was a stipulation that required that the amenities be disclosed. Mrs. Drake explained that the Special Use Permit request was to allow residential units in a commercial zoning district, but not what type of multi -family units, which would be a concept plan issue. Chairman Downes asked if discussion on the preliminary plat discussion would be more appropriate. Mrs. Drake answered that the preliminary plat was for the lot join and didn't include details such as amenity areas. Chairman Downes asked if the Commission recommended approval on the Special Use Permit and preliminary plat, would they get to see a concept plan at some point. Mr. Burkhardt explained that, as part of the final plat, there be an approved concept plan by the Commission. He added that the Commission could stipulate that the applicant provide a design for the amenity area at final plat. Commissioner Woodrel AMENDED THE MOTION to require that the project have concept plan approval of the amenity area prior to Council's approval of the final plat. Commissioner Caldwell SECONDED THE AMENDMENT. Chairman Downes commented that this application was for a Special Use Permit and as such meant that the Commission could put practically any stipulation they wanted on the project as long as it was in compliance with the Town Center agreement and had nothing to do with the health and welfare of the Town. He went on to say that he thought the proposed project was too dense, with not enough open area. Chairman Downes suggested that the item be tabled until the developer could show what they planned to do with the open area. He added that he would be voting to deny the motion. Vice -Chairman O'Brien stated that Chairman Downes was expressing the flip side of his concern for the wireless facility in an earlier agenda item. He stated that if a project met all the requirements, the Commission had to approve it. Vice -Chairman O'Brien stated that in regard to the Planning and Zoning Commission Meeting Minutes October 24, 2002 Page 9 of 11 stealth wireless facility discussion Chairman Downes had said that the proposal did not meet the codes, but that he wanted it anyway. Vice -Chairman O'Brien stated that this was an attractive site. He added that having a more open and less dense project would be good, but that the ordinance should be changed if it didn't require that. Chairman Downes stated that he would normally agree with Vice -Chairman O'Brien, but that this application was for a Special Use Permit and the Commission could do what it wanted and set the rules. Commissioner Woodrel commented that he felt that when the Town goes from commercial uses to multi -family uses, it was considered downzoning with less of an impact for the Town. Chairman Downes reiterated that the project was too dense in his opinion. He stated that it wasn't the number of units, but rather the size and expanse of the project. The motion CARRIED by a vote of 4 "ayes" to 1 "nay" made by Chairman Downes. AGENDA ITEM #10 - CONSIDERATION OF A RECOMMENDATION TO THE TOWN COUNCIL ON A PRELIMINARY PLAT FOR "THE VILLAS DEL CIELO", CASE NUMBER S2002-06. Vice -Chairman O'Brien made a MOTION to recommend approval of the preliminary plat to the Town Council. Commissioner Woodrel SECONDED and the motion CARRIED by a vote of 4 "ayes" to 1 "nay" made by Chairman Downes. AGENDA ITEM #11 - CONSIDERATION OF CALLING A SPECIAL MEETING OF THE PLANNING & ZONING COMMISSION. Mrs. Drake explained that the second Commission meeting in November fell on Thanksgiving Day. She added that there were several items on the previous meeting's agenda that would have to wait to go to the Town Council until the minutes were approved. She stated that the meeting suggested for Tuesday, November 261h, would only have approval of the November 14`h minutes on it. Chairman Downes asked if there would be much on the agenda if the Commission met on November 26`h. Mrs. Drake answered that staff was trying to keep the agenda clear except for approval of the meeting minutes. Vice -Chairman O'Brien made a MOTION to reschedule the November 28, 2002, Commission meeting to November 26, 2002. Commissioner Forest SECONDED and the motion CARRIED unanimously. Planning and Zoning Commission Meeting Minutes October 24, 2002 Page 10 of 11 AGENDA ITEM #12 - CALL TO THE PUBLIC. No speakers came forward. AGENDA ITEM #13 - PURSUANT TO A.R.S. §38-431.03.A.4, VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSION OR CONSULTATION WITH THE TOWN ATTORNEY REGARDING A.R.S. OPEN MEETING LAWS. Vice -Chairman O'Brien made a MOTION to recess the Regular Meeting and go into Executive Session. Commissioner Caldwell SECONDED and the motion CARRIED unanimously. Chairman Downes recessed the regular meeting at 8:10 p.m. AGENDA ITEM #14 - RETURN TO REGULAR MEETING. Chairman Downes reconvened the Regular Meeting at 8:35 p.m. AGENDA ITEM #15 — ADJOURNMENT Commissioner Woodrel made a MOTION to adjourn the meeting. Vice -Chairman O'Brien SECONDED and the motion CARRIED unanimously. The meeting was adjourned at 8:36 p.m. FOUNTAIN HILLS PLANNING & ZONING COMMISSION ATTEST: Michael Downes, Chairman CERTIFICATION Joan Blankenship, Executive Assistant I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the meeting of the Fountain Hills Planning and Zoning Commission held on the 241h day of October 2002. I further certify that the meeting was duly called and that a quorum was present. Date this day of 2002. Joan Blankenship, Executive Assistant Planning and Zoning Commission Meeting Minutes October 24, 2002 Page l l of I 1 Town of Fountain Hills Council Action Meeting Date: Agenda Item #(s) 1 S 4 (� Public Hearing began: 1 C) 33 an/ m/ Public Hearing ended: I p q am m Amendment: Second: Roll Call Archambault Beydler, Mayor Fraverd, Vice Mayor '<avana h Melendez Nicola Ralphe Amendment: Second: Roll Call Archambault Beydler, Mayor Fraverd, Vice Mayor Kavanagh Melendez Nicola Ralphe Action: Copy/Distribute/Follow-up _ File Publish Recordation Staff Direction Signatures Aye I Nay Action Taken: ,- nued Date: Action Taken: Approved Denied Tabled Date: Continued Date: Action Taken: Approved Denied Tabled Date: Continued Date: Post Council Meeting Notes: Town of Fountain Hills Town Council Agenda Action Form Meeting Type Regular Meeting Submitting Department: Com. Dev Consent;❑ Regular:® Meeting Date: 11/21/02 Contact Person: Dana Burkhardt, Senior Planner Requesting Action:® Tvne of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ® Special/Temp Use Permit ❑ Other: Council Priority (Check Approprta4Areas); ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report Only; El ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ® Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording Consideration of the Special Use Permit and Preliminary Plat for Villas Del Cielo Condominiums, located on Town Center II Final Plat, Lots 2, 3, and 4; Case Numbers SU2002-02 & S2002-06. Approve No $ Purpose of Item and Background `Information The attached staff report combines the reports for a Special Use Permit and Preliminary Plat request. This request by The Villas Del Cielo, LLP, is for approval of a Special Use Permit request to allow a 77-unit multiple -family residential condominium project in the "C-2" Intermediate Zoning District. The Preliminary Plat request associated with this Special Use request includes 1) the assembly of Lots 2, 3 & 4, of Town Center II Final Plat, to a single lot; and 2) a condominium subdivision with on and off -site improvements. This property is located at the south corner of Avenida Vida Buena and Avenue of the Fountains, north of El Lago Boulevard. Staff and the Planning and Zoning Commission recommend approval of this Special Use Permit and Preliminary Plat. Please refer to the attached Staff Report for additional details regarding this request. Please call (480) 816-5138 with any questions. List All Attachments as Follows: Staff Report; P & Z Commission Meeting Minutes, Applications; Final Plat Reduction, Colored Exhibits, Public Protest Letters Type(s) of Presentation: Powerpoint Signatures of Submitting Staff: N\ Depa tment Head � q.oa Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT TOWN COUNCIL MEMO TO: Honorable Mayor Beydler and DT: November 12, 2002 Town Council FR: Dana Burkhardt, Senior Planner ,,_,,�2 RE: SU2002-02 & S2002-06; Special Use Request and Preliminary Plat "Villas Del Cielo Condominiums", a 77-unit multi -family project LOCATION: Town Center II Final Plat, Lots 2, 3 & 4 REQUEST: Consideration of the Special Use Permit and preliminary plat for "The Villas Del Cielo Condominium", a 12.65 acre, 77 unit condominium subdivision proposed in the "C-2" Zoning District. DESCRIPTION: OWNER: The Villas Del Cielo, L.L.P. APPLICANT: Michael Snodgrass EXISTING ZONING: "C-2" Neighborhood Commercial and Professional Zoning District SURROUNDING LAND USES AND ZONING: NORTH: Fountain View Village Senior Living Facility and Thunder Ridge Condominiums; zoned "C-2" SOUTH: Crystal Ridge Single-family Subdivision; zoned "R1-10 RUPD" EAST: Villa Estates at Town Center Condominiums and vacant lot; zoned "C-2" WEST: Vacant lot; zoned "C-2" SUMMARY: This staff report combines the reports for the Special Use Permit and Preliminary Plat request. This request by The Villas Del Cielo, LLP, is for approval of a Special Use Permit request to allow a 77-unit multiple -family residential condominium project in the "C-2" Intermediate Zoning District. The Preliminary Plat request associated with this Special Use request includes 1) the assembly of Lots 2, 3 & 4, of Town Center II Final Plat, to a single lot; and 2) a condominium subdivision with on and off -site improvements. The preliminary plat for "The Villas Del Cielo Condominiums" is a proposed 77-unit gated multi -family condominium project, with a common swimming pool and amenity area. There are two gated points of access proposed for this development. The primary ingress/egress is from Avenue of the Fountains, aligned with Westby Drive, and the second ingress/egress is accessed from El Lago Boulevard. The private interior roadway system is located within an access and utility easement to be owned and maintained by the property owners association. Both entrances are designed with two (2) twenty -foot one-way drive -aisles separated by a 22-foot landscape median. The single interior roadway proposed as a 26-foot drive aisle pavement width, a 42-foot radius cul-de-sac bulb, and a single sided five-foot sidewalk, which connects to the existing sidewalks on Avenue of the Fountains, Avenida Vida Buena, and El Lago Boulevard. This condominium subdivision proposes a total of 174 non -tandem parking spaces on -site, and also provides additional parking areas within the driveways of each dwelling unit. Each dwelling unit has a two -car garage, a covered patio and a rear yard area. The maximum livable area is 2,297 square feet, the minimum livable area is 1,568 square feet. The majority of the proposed buildings are a tri-plex design, with single story dwelling units attached on both sides of a two story dwelling unit. There are also five (5) two -unit, single story buildings. The maximum proposed building height as measured from the subdivision -finished grade is 26.5'. The owner intends to record a Declaration of Condominium to sell the units individually. The proposed amenity area and community pool will be owned and maintained by the condominium association. A central mailbox is adjacent to the pool amenity area, to the east. Trash pickup service will be individual for each unit, and the container is stored within the garage. There are five onsite drainage detention basins proposed throughout the project. EVALUATION: Conformance with the General Plan & Town Center Development Agreement The General Plan Land Use Map designates this property for mixed use. The Town Center III Development Agreement as amended by the 1998 Firerock Country Club Development Agreement with MCO Properties provides that the Town will allow, by Special Use Permit, 400total dwelling units within the Town Center area. To date, the Town has approved 220 dwelling units by Special Use in the Town Center. In the event that Town Council approves the preliminary and final plat for "The Villas Del Cielo Condominiums" as proposed, there will be approximately 103dwelling units remaining to be approved in accordance with the Town Center Development Agreement. Conformance with the Zoning Ordinance This project has been designed in substantial conformance with the "M-3" Multiple -Family Residential Zoning District requirements. The proposed density of this project is 6.09, below the allowable maximum "M-3" density of 12 dwelling units per acre. The proposed site design conforms to the maximum 30 foot building height allowed as measured from natural grade. All minimum building setbacks and the minimum building separation distances conform to the requirements of the Zoning Ordinance. The minimum drive aisle width and the required parking spaces are also in conformance. Conformance with the Subdivision Ordinance 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." (emphasis added). The proposed site plan configuration has been designed with a thirty-foot minimum building setback from all three street frontages, as required in the "M-Y Zoning District. Staff recommends the Special Use Permit allow the applicant to respect the "C-2" Commercial Zoning District minimum setback (0') as measured from the thirty-foot (30') No Build Tracts proposed along Avenida Vida Buena and El Lago Boulevard, to conform to Article 308(F) of the Subdivision Ordinance. Land preservation on this site has been met with the Town Center II Final Plat, these lots are allowed 100% disturbance. This preliminary plat conforms to the requirements of the Subdivision Ordinance if approved with the listed stipulations. Staff has received two letters in opposition to the proposed development, please find attached. On October 24, 2002, the Planning and Zoning Commission voted 4-1 to recommend approval of this request to Town Council, with Staff's recommended stipulations and the stipulation that the applicant receives conceptual site plan approval for the amenity area prior to Final Plat approval. Chairman Downes voted against this project for two primary reasons;1) The project is too dense for this site, and 2) there is not enough open space within the project for recreational activities. Chairman Downes also stated that the guest parking should be more evenly distributed throughout the project. See the attached Meeting Minutes for further details of the discussion. RECOMMENDATION: Staff and The Planning & Zoning Commission recommend Town Council approval of the Special Use permit request and the preliminary plat for "The Villas Del Cielo Condominiums", with the following stipulations: 1) That the applicant maintain conformance with the "M-Y Multiple -family Zoning District regulations. If a separate thirty-foot No Build, Landscape, Wall, Drainage and Sidewalk Tract is provided along Avenida Vida Buena and El Lago Boulevard, the underlying "C- 2" Intermediate Commercial Zoning District setbacks may be utilized adjacent to the separate Tracts. 2) The Town Council approve a sidewalk on only one side of the interior drive aisle. 3) All improvement plans, such as landscaping, irrigation, grading and drainage plans along with a construction assurance bond and Final Drainage Report must be approved by the Town prior to final plat recordation. 4) The applicant receive conceptual site plan approval for the amenity area prior to Final Plat approval. Mrs. Drake stated that the wireless facilities at Four Peaks Park and the high school were less than 1,000 feet in separation. She added that the facilities at LaVida Buena Condominiums and the church on Fountain Hills Boulevard at Ironwood Drive were less than the required 300 feet from the nearest residence. The motion CARRIED by a vote of 4 "ayes" to 1 "nay" made by Chairman Downes. AGENDA ITEM #8 - PUBLIC HEARING TO RECEIVE COMMENTS ON A SPECIAL USE PERMIT APPLICATION FOR A 77-UNIT MULTI -FAMILY RESIDENTIAL DEVELOPMENT IN A "C-2" INTERMEDIATE COMMERCIAL ZONING DISTRICT, KNOWN AS "THE VILLAS DEL CIELO", LOCATED IN TOWN CENTER II, LOTS 2, 3, AND 4, SOUTHWEST OF AVENUE OF THE FOUNTAINS, WEST OF THE POST OFFICE, NORTH OF EL LAGO BOULEVARD, AND SOUTHEAST OF AVENIDA VIDA BUENA, CASE NUMBER SU2002-02. Chairman Downes opened the Public Hearing at 7:05 p.m. Mr. Burkhardt presented staff report for both the Special Use Permit and the Preliminary Plat to the Commission. Vice -Chairman O'Brien asked for the height of Villa d'Este. Mr. Burkhardt answered that they were approximately 20 to 21 feet. Commissioner Forest asked what was behind the amenity area. Mr. Burkhardt explained that it was a large retention basin for the church property. Mr. Burkhardt stated that the Special Use Permit was to allow residential units in a commercial zoning district. Commissioner Woodrel asked if the 2-sided sidewalk in the interior of the project was only about one-third of the total length of sidewalk. Mr. Burkhardt said that that was correct. Commissioner Woodrel asked if the sidewalk was in compliance with the Zoning Ordinance. Mr. Burkhardt said that it was typical for projects of this size and density to only have a single -sided sidewalk. Chairman Downes stated that this was about the fifth or sixth plan that has come before the Commission that is part of the Town Center agreement. He added that he thought the Commission had recommended approval of them all. Commissioner Downes stated that part of the Town Center agreement requires that the Town give Special Use Permits to multi -family residential developers as our part of the bargain. He stated that the Town received Fountain Park, the Community Center land, and the New Town Center Property. He stated that MCO Properties got cooperation from the Town in developing the Town Center. Chairman Downes asked how that sits with relation to that time period. Mrs. Drake asked for a more specific interpretation of "how that sits". Planning and Zoning Commission Meeting Minutes October 24, 2002 Page 5 of 11 Chairman Downes stated that a few months ago something to do with the Town Center was withdrawn by MCO. Since then, the Commission hadn't seen anything more. Mrs. Drake explained that Town Center III, Lots 2 and 7 are going to the Town Council as a final plat on November 7, 2002. She stated that she did not have an exact timeline on when the multi- family projects would begin. Chairman Downes asked if Stewart Vista and Verde River Drive were going to be vacated. He stated that when he read the Town Center agreement, part of the process was to have a viewing corridor from the Community Center to the Fountain. He asked if that was no longer happening. Mrs. Drake explained that the linear park that connected the Community Center and the Fountain plan is not a part of the plans submitted to the Town to date. She added that she didn't believe the linear park was still part of MCO's plan, and wasn't shown in the Blocks 2 and 7 plats. Chairman Downes stated that with that particular agreement MCO was legally doing what they had to do, but not morally doing what they should. He stated that he was disappointed that the Planning and Zoning Commission was not going to be involved in the plan review process and would have no say on the final plat. Commissioner Caldwell asked how the number of units allowed in Town Center was calculated. Vice -Chairman O'Brien answered that the Town Council on one hand wanted to encourage multi- family housing in the downtown area, but still wanted to restrict the total number of units. Mike Snodgrass, 16807 E. Palisades, stated that Dana had done excellent job of summarizing the proposal. He stated that the units proposed were approximately 1,600 to 2,300 sq ft. and 2-unit buildings/duplexes. Mr. Snodgrass stated that this project was part of the 400 units permitted in Town Center. He stated that this project was originally planned with 84 units with 6 to 9 per building. Mr. Snodgrass agreed that designing more open space within the project site would be good, but that it would also decrease the density. He added that this would be a good project for Town Center. Chairman Downes stated that there were several instances on the plat where the buildings were close to the sidewalk and very close to the street, especially at the angled garages. Chairman Downes expressed his concern that in order to get into some of the garages, the driver would have to make a 180-degree U-turn. He added that the middle units had even less room to maneuver. Mr. Snodgrass explained that there was the required 19 feet of stacking area in front of the garages. Chairman Downes stated that if a driver were driving north and wanted to pull into the third building, they would have to make a right turn into the driveway, back up, and then go forward again. David Montgomery, Montgomery Engineering, Parkview Avenue, stated that he had worked with staff on the design of the project. Planning and Zoning Commission Meeting Minutes October 24, 2002 Page 6 of 11 Chairman Downes explained that the third and fourth building residents would have a problem parking. He stated that on the east side of the street, there were only about 10 to 12 feet between the street and the front of the garage. He added that a driver would have to make a U-turn within a 15- foot area, going back and forth in front of other garages. Mr. Montgomery stated that the driveways in that area were 18 feet at the sidewalk. He added that a car could be parked there, but that an SUV might have more difficulty. Chairman Downes stated that the units on the west side have the full 19 feet of stacking area. He added that, eventually, drivers would learn to come in from Avenue of the Fountains if their unit is on the east side and from El Lago Boulevard if their unit is on the west side. Chairman Downes said that it looked like every square foot of the project was covered by buildings, driveways, streets, retention areas, and parking, with the exception of the required perimeter landscaping. He stated that residents would have to take their catch games into the street. He stated that there was hardly any open space of any considerable size. He added that there were too many buildings on the site and, although it met the regulations, the site was too crowded. Chairman Downes stated that guest parking requirements had been met, but that most of the extra spaces were located at the amenity area. He stated that the guest parking spaces should have been more evenly distributed. Mr. Montgomery pointed out that 19-foot tandem parking at the garages was not required, but could provide additional parking spaces. He added that, in that case, the applicant had exceeded the minimum requirements. Mr. Snodgrass pointed out that 19 feet in front of garages is not an ordinance requirement, but rather a staff request. He stated that the original design showed a center driveway for all 3 buildings, but did not meet the 19-foot stacking. He said that the CopperWynd project did not have 19-foot stacking in front of the garages. Gary Yarwood, 16450 E. Avenue of the Fountain, Thunder Ridge, unit 21 and Board member of that community stated that the grade along Avenue of the Fountains was substantially above the sidewalk. He asked how the land would be graded. Mr. Yarwood asked if the building roofs were planned to be flat or peaked. Chairman Downes answered that the roofs would be peaked. Mr. Yarwood asked about the retention pond on the north side of the development and where it would drain in a heavy rain. Mr. Montgomery stated that the grade differential along Avenue of the Fountains would be terraced with retaining walls and vegetation to break up the visual impact of the walls. He stated that the drainage basin proposed was very small, but was required to retain 90 percent of the flow in a 10- year storm. He went on to say that any additional run-off in a heavy storm would drain into Avenue of the Fountains toward the east and away from Thunder Ridge. Planning and Zoning Commission Meeting Minutes October 24, 2002 Page 7 of 11 Mr. Yarwood commented that in Thunder Ridge, the garages and driveways were angled. He stated that he did not feel it was a good design and one that required significant cooperation between unit owners. Chairman Downes stated that there were 25 units in the cul-de-sac area with a bulb radius of 42 feet where it should be 45 feet. Mr. Montgomery stated that the right-of-way was 45 feet, with the pavement being 40 feet, and this project had 2 feet over the minimum. He stated that there had to be 45 feet for bumper overhang for the fire department to turn corners. Jim Leubner, Engineering Department, stated that the right-of-way on local streets was 45 feet and 40 feet on hillside local streets. He added that this project met the requirements. Chairman Downes stated that when the plan was approved for the church, the driveway and parking at the church was discussed. He went on to say that they had talked about putting in a 3-foot wall, but that it would be inadequate for keeping lights from shining into units 3, 4, and 5. Mr. Snodgrass assured the Commission that there would be a wall at the rear of the project, which would take care of the parking lights, but not lights coming from vehicles driving through the parking lot. He added that lights would shine into the last 5 buildings on the southwest side of the project. Mr. Snodgrass stated that there would be strong landscaping along that side. Chairman Downes asked what would be included in the amenity area. Mr. Snodgrass answered that there would probably be a BBQ, pool, and spa, but that it hadn't been finalized as yet. Commissioner Woodrel commented that he thought this was an attractive, low -density project that would be a plus for the Town. He agreed that there were some issues pertaining to entering the site, but that those issues were standard on any development of this size. He complemented the developer and added that having the right number of units was the key to making a project work. Chairman Downes closed the Public Hearing at 7:55 p.m Planning and Zoning Commission Meeting Minutes October 24, 2002 Page 8 of 11 16, AGENDA ITEM #9 - CONSIDERATION OF A RECOMMENDATION TO THE TOWN COUNCIL ON A SPECIAL USE PERMIT APPLICATION FOR A 77-UNIT MULTI- FAMILY RESIDENTIAL DEVELOPMENT IN A "C-2" INTERMEDIATE COMMERCIAL ZONING DISTRICT, KNOWN AS "THE VILLAS DEL CIELO", LOCATED IN TOWN CENTER II, LOTS 2, 3, AND 4, SOUTHWEST OF AVENUE OF THE FOUNTAINS, WEST OF THE POST OFFICE, NORTH OF EL LAGO BOULEVARD, AND SOUTHEAST OF AVENIDA VIDA BUENA, CASE NUMBER SU2002-02. Commissioner Woodrel made a MOTION to recommend approval of the Special Use Permit to the Town Council with staff recommended stipulation. Commissioner Caldwell SECONDED. Commissioner O'Brien asked if there was a stipulation that required that the amenities be disclosed. Mrs. Drake explained that the Special Use Permit request was to allow residential units in a commercial zoning district, but not what type of multi -family units, which would be a concept plan issue. Chairman Downes asked if discussion on the preliminary plat discussion would be more appropriate. Mrs. Drake answered that the preliminary plat was for the lot join and didn't include details such as amenity areas. Chairman Downes asked if the Commission recommended approval on the Special Use Permit and preliminary plat, would they get to see a concept plan at some point. Mr. Burkhardt explained that, as part of the final plat, there be an approved concept plan by the Commission. He added that the Commission could stipulate that the applicant provide a design for the amenity area at final plat. Commissioner Woodrel AMENDED THE MOTION to require that the project have concept plan approval of the amenity area prior to Council's approval of the final plat. Commissioner Caldwell SECONDED THE AMENDMENT. Chairman Downes commented that this application was for a Special Use Permit and as such meant that the Commission could put practically any stipulation they wanted on the project as long as it was in compliance with the Town Center agreement and had nothing to do with the health and welfare of the Town. He went on to say that he thought the proposed project was too dense, with not enough open area. Chairman Downes suggested that the item be tabled until the developer could show what they planned to do with the open area. He added that he would be voting to deny the motion. Vice -Chairman O'Brien stated that Chairman Downes was expressing the flip side of his concern for the wireless facility in an earlier agenda item. He stated that if a project met all the requirements, the Commission had to approve it. Vice -Chairman O'Brien stated that in regard to the Planning and Zoning Commission Meeting Minutes October 24, 2002 Page 9 of 11 stealth wireless facility discussion Chairman Downes had said that the proposal did not meet the codes, but that he wanted it anyway. Vice -Chairman O'Brien stated that this was an attractive site. He added that having a more open and less dense project would be good, but that the ordinance should be changed if it didn't require that. Chairman Downes stated that he would normally agree with Vice -Chairman O'Brien, but that this application was for a Special Use Permit and the Commission could do what it wanted and set the rules. Commissioner Woodrel commented that he felt that when the Town goes from commercial uses to multi -family uses, it was considered downzoning with less of an impact for the Town. Chairman Downes reiterated that the project was too dense in his opinion. He stated that it wasn't the number of units, but rather the size and expanse of the project. The motion CARRIED by a vote of 4 "ayes" to 1 "nay" made by Chairman Downes. AGENDA ITEM #10 - CONSIDERATION OF A RECOMMENDATION TO THE TOWN COUNCIL ON A PRELIMINARY PLAT FOR "THE VILLAS DEL CIELO" CASE NUMBER S2002-06. Vice -Chairman O'Brien made a MOTION to recommend approval of the preliminary plat to the Town Council. Commissioner Woodrel SECONDED and the motion CARRIED by a vote of 4 "ayes" to 1 "nay" made by Chairman Downes. AGENDA ITEM #11 - CONSIDERATION OF CALLING A SPECIAL MEETING OF THE PLANNING & ZONING COMMISSION. Mrs. Drake explained that the second Commission meeting in November fell on Thanksgiving Day. She added that there were several items on the previous meeting's agenda that would have to wait to go to the Town Council until the minutes were approved. She stated that the meeting suggested for Tuesday, November 261n, would only have approval of the November 141n minutes on it. Chairman Downes asked if there would be much on the agenda if the Commission met on November 26`n Mrs. Drake answered that staff was trying to keep the agenda clear except for approval of the meeting minutes. Vice -Chairman O'Brien made a MOTION to reschedule the November 28, 2002, Commission meeting to November 26, 2002. Commissioner Forest SECONDED and the motion CARRIED unanimously. Planning and Zoning Commission Meeting Minutes October 24, 2002 Page 10 of 11 Date Filed Z /Z z-� Z Type of Special Use Requested IAddress of Subject Property Legal Description Applicant _Q4 G v ( LL A s Address —L&ro 07 E. PA Owner Tff E L-L S Address TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT Fee Paid M 3 Plat (.TE{EVI S Qt CI Taw � CAN -TAR 1 DGL La L. L, p, LI SAj)'S # 20.4. 1 E. PALIS f Owner 771c `K 1c15 Block 111c* ccepted By ill , Zoning CZ '2 --2t(s) TDy Phone 0) $ SG - Oq 1 Zip Day Phone W qo� gm, Oq 11+ ST Z Zip Date TO FILE THIS APPLICATION. Subscribed and sworn before me this ) ' day of V Notary p y c _ My Commission Expires DLO ES IH City 06n-fain N City 1 • 13Y AUTHORIZE (Please Print) —Aull cments (attach additional sheets): l Mailing labels with names and addresses of all property owners within 300 feet of the external boundaries of the subject property. w t C(_ fkjj v e 0 E 2. 15 full size folded prints u P Ra OAS P (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 1 1" 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. Mtkt-7'! " r ��C0'\rn►•-I"'Jru..\ r 5. A narrative describing any adverse impact the proposed land use may have on the properties and on the neighborhood and what steps will be taken to avoid these adverse irnp,� des g Fee Schedule Attached TFH Case Number I;1 2 �` TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT RELIMINARY- PLAT APPLICATIONr=`'.-`- Date Filed // Fee Paid C i� # -7 I I Accepted By Plat Name/Number L CTow13 CCN jFR �� dart Tf-(� VILLAS p �L_ c ELO c,301 )On1(�IUh� Parcel Size 550 0) 8-5 12 , Number of Lots �C_ Number of Tracts `! �- Zoning C2/ hl3 w General Plan Land Use Designation S c�dyL V SE Density Requested (Dwelling Units Per Acre) G -0`l Applicant t✓ VILLAs DEL c1�Lo L.�. 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In gon. —0 lip c Agt on L A EL LAGO BOULEVARD PLAN VIEW - ENTRY @ EL LAGO SCALE: ,STREET ELEVATION -xl*tlng sidewalk [I] NMI WE IMM-01 4450 Nat M Street Sole P36 Pbmk AZ W4 IN �4klq bur�L14rd Fountain Hills Senior Planner Dana Burkhardt - October l5, 2002 l am writing this letter in reference to the Villas Del Cielo 77 unit condominium development in Town Center ll of which I have viewed the plans with Dana Burkhardt. I live at 13003 North Crystal Hills Drive in the Crystal Ridge Subdivision, and this complex would be a direct -view from my home. MY main concern is the construction of the two-story units, especially on Lot 4, which is off -from EI Lago. This lot is already a considerable hill and to build up 27 feet more from grade would be most obtrusive. The exterior design of the development looks quite nice, but I am writing to see if there would be any possibility of building only one level units on this for Fountain Hills is not an ordinary town. It is one of the most beautiful places on earth to me, as I know it is to many other residerus. The beauty of this town is slowly, but surety being marred by tall buildings, another opinion shared by many people also. It appears one-fourth of the condominiums would filth iIImo this category of tali structures_ Could the possibility be explored to make these l 8-19 units into single levels? Villa Estates on Lot 5 of Town Center II has been a good neighbor with their single level homes. In fact -only 46 anus were buk and they could have constructed 77 homes. They only used 35% coverage of an allowable 50%. I don't know the rationale for these facts, but t do know it raises my hope in mankind That the almighty do liar a] not utmost to some developers and keeping Fountain Hills an extraordinary town can still be a possibility withour all the tali structures. Villas Del Cielo could be a most aesthetically pleasing development without the two-story units in cacti pod. t sincerely ask for your thought and consideration that this development can better serve the approximately 20 homes directly affected, the developer, and the beauty of Founmia Hrtic by building only one level units - I am unable to attend the Planning and Zoning meeting on October 24,2002, as I wilt be out of town due to a prior commitment. Karen Kay Parch 13003 North Crystal Hi}tc t?rtve Fountain Fulls, AZ 85268-8421 oC� � 12002 �w m > 0 0 0 m > n gNit"IMA ViIUDel (-icl() I . 11 1 i f 7 Ppw 7� z �`; W U) 1 31 m Im -4 m r- m M r 0 L Ij !'till-��' z m m z M z m 0 r IM -n 0 c z --i z cn Villa-; Del C'iel() 1 -1,1 If!_ , ;�� U I I � I [11f f f " I Villas Del Cielo P pw w 4=0 0 I m r m D Z m r r a 0 m 0 c r m D D a __7-- _ _J Q �� iWA T� CL m CD co 1 0 I , I VIII'l- Dul ( 16, , I ro U pw Villas Del Cielo '" g �- — Town of Fountain Hills Town Council Agenda Action Form I.' Meeting Types Regular Meeting Meeting Dater November 21, 2002 Submitting Department:. Community Development Contact Person: Denise Ruhling Consent: Regular::® Requesting Action:® Type of Docuni VOWEipr""oval (Check all that` am V ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ® Special/Temp Use Permit ❑ Other: Council Priority (Check ADDroDriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular AF-enda Wording: Consideration of a request for a Temporary Use Permit to operate a home -based day care facility as a home occupation at 15214 E. Palomino Boulevard, a.k.a. Plat 604A, Block 1, Lot 9, Case Number TU2002-02. Approve Fiscal Impact: No Purpose of Item and Background Information: This is a request by Leona S. Matiello for a Temporary Use Permit to allow the operation of a day care facility as a home occupation at 15214 E. Palomino Boulevard, aka Plat 604A, Block 1, Lot 9. A day care facility proposed in a residential zoning district as a home occupation where there is a swimming pool on site requires a Temporary Use Permit per Section 10.09.A of The Zoning Ordinance for the Town of Fountain Hills. Objection (3) Type(s) of Presentation: Verbal Dep rtment Head ��„/' ,._ Town Manager / Designee Staff Report, Letter from Leona S. Matiello, Site Map, and Letters of Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT TOWN COUNCIL MEMO TO: Honorable Mayor Beydler and DT: November 21, 2002 Town Council TH: Timothy G. Pickering, RE: TU2002-02 Temporary Use Permit Town Manager Day Care Facility 15214 E. Palomino Boulevard FR: Denise Ruhling, Planner_, This is a request by Leona S. Matiello for an extension of a Temporary Use Permit to allow the operation of a day care facility with a swimming pool in the rear yard, as a home occupation at 15214 E. Palomino Boulevard, aka Plat 604A, Block 1, Lot 9. Per the Town of Fountain Hills Zoning Ordinance Section 10.03A9 a Temporary Use Permit is required for day care facility proposed in a residential zoning district as a home occupation where there is a swimming pool on site. Per the Town of Fountain Hills Zoning Ordinance Section 2.03 a Temporary Use Permit may be issued administratively unless written objection to the Temporary Use Permit is filed prior to the �61 end of the required 10-day advertising period. Per Section 2.03 4 states that "If written objection is received the Town Council must consider the Temporary Use Permit application at its first regular meeting held not less than fifteen (15) days after the receipt of said protest letter". Town staff has received three (3) letters in opposition to the request prior to the end of the required 10- day advertising period. Of the three (3) letters of protest received, one (1) is within the 300-foot area surrounding the property in question and the remaining two (2) are a minimum of 800 feet to the southeast. Mrs. Matiello is requesting that she be allowed to continue the operation of her business under the same stipulations as previously approved in her 2000 application. Mrs. Matiello applied for a "renewal" of the Temporary Use Permit on October 9, 2002. On October 18, 2002 the site was posted for 10 days and letters were sent to the property owners within 300 feet of the proposed business notifying them of the request for a Temporary Use Permit. On October 19, 2000, the Town Council approved a Temporary Use Permit for the operation of a day care facility as a home occupation at this address for a two-year period with the following stipulations: ■ The Day Care Operator must reside in the house. ■ One one -tandem parking space shall be required. ■ Hours of operation will not be beyond 7:00 a.m. to 5:30 p.m. ■ There shall be no signage advertising or identifying this residence as a childcare facility. �Wl 0 The play yard must be fenced with a minimum of five (5) foot high fence. ■ No playground equipment and ornamental figures or designs denoting a Day Care Center shall be allowed in front of the house line. ■ The pool enclosure shall be maintained per section 5.09.G of The Zoning Ordinance for the Town of Fountain Hills. ■ No more than four (4) people may be cared for at any one time under this temporary use permit. ■ Maintain two (2) primary and two (2) secondary exits. ■ Maintain home escape plan ■ Keep 2a 10bc fire extinguisher in kitchen area. ■ Garage service door must be kept locked with a keyed deadbolt. ■ Have a portable phone, for outside recreation time. ■ Allow Town Fire Marshal to conduct annual "Safety Survey". During the previous two years under the original Temporary Use Permit (Case Number TU2000- 11), there have been no known violations or complaints received by the Town regarding the applicant's operation of the day care facility. RECOMMENDATION: Staff recommends approval of Case Number TU2002-02 to permit the operation of a day care facility as a home occupation at 15214 E. Palomino Boulevard, aka Plat 604A, Block 1, Lot 9 for the period of November 21, 2002 until November 21, 2004 with the following stipulations: ■ The Day Care Operator must reside in the house. ■ One one -tandem parking space shall be required. ■ Hours of operation will not be beyond 7:00 a.m. to 5:30 p.m. ■ There shall be no signage advertising or identifying this residence as a childcare facility. ■ The play yard must be fenced with a minimum of five (5) foot high fence. ■ No playground equipment and ornamental figures or designs denoting a Day Care Center shall be allowed in front of the house line. ■ The pool enclosure shall be maintained per section 5.09.G of The Zoning Ordinance for the Town of Fountain Hills. ■ No more than four (4) people may be cared for at any one time under this temporary use permit. ■ Maintain two (2) primary and two (2) secondary exits. ■ Maintain home escape plan ■ Keep 2a 10bc fire extinguisher in kitchen area. ■ Garage service door must be kept locked with a keyed deadbolt. ■ Have a portable phone, for outside recreation time. ■ Allow Town Fire Marshal to conduct annual "Safety Survey". Attachments: (5) Applicant request letter 300-foot notification map Three protest letters I, ,I clnponrlv [ l5e Pc �€ _t fs', i�:' � 3 ._�.:;.;� I f , t ` t,lff ktcp orLd, s„ October 9, 2002 Town of Fountain Hills 16836 E. Palisades P.O. Box 17958 Fountain Hills, Az. 85269 Attn: Dana Burkhardt Senior Planner Dear Dana; I am formally requesting the renewal of the Temporary Use Permit issued to me in 2000 for the operation of my home -based business, Leona's Day Care. There will be no changes from the original request. I still reside at 15214 E. Palomino Blvd. The nature of my business is a Child Day Care Home. I will continue to operate from the weekday hours of approximately 7:00 am to 5:30 pm. My group size is 4 or less children on the premises at any given time. There are no signs or exterior evidence from the street that such a business is in operation. I have ample driveway space at all times for my clients to be provided with off street parking. I do not forsee any negative impact on the surrounding properties, or the neighborhood. The children's outdoor play area is an enclosed yard at the rear of the residence. They are always accompanied and supervised by me, and noise is kept to a minimum. I have my swimming pool enclosed by a regulation pool fence, which is padlocked at all times when the Day Care kids are on the premises. You may recall that the presence of the swimming pool was the only reason this TU Permit was required in the first place. Since being in operation these past two years I have made good on all of the orginal guidelines. There have been no complaints against my business and no violations. I merely wish to continue making an honest living, doing a job that I love, while serving the community in which I live. I have enclosed all the required materials--- Application Form, Mailing labels, (34) plus a duplicate set as requested, Fees ($200.00 for Permit & $170.00 for labels). Because of our conversation several weeks ago, I did not include a Site Plan or a boundaries map as you indicated that they can be obtained from the orginal files. If there is any further information needed you may reach me at 480.816.0443 Sincerely, Leona S. Matiello Owner/President Leona's Day Care 5775 Westminster Way East Lansing, Michigan 48823-7731 (517) 3 3 9-9424 October 22, 2002 Fountain Hills Town Council Attn. Ms. Joan Blankenship P.O. Box 17958 Fountain Hills, AZ 85269 Re: Temporary Use Permit for Day Care Center at 15214 E. Palomino Boulevard (AKA lot 9, Block 1, Plat 604A) Dear Ms. Blankenship and Council Members: My husband and I wish to register an appeal/protest regarding the Temporary Use Permit cited above, i.e. we object to issuance of a permit. We purchased land on which we plan to build our retirement home (on Ridgeway: Lot 47, Block 1, plat 604A). The back corner of our property meets that of the proposed day care center. We purchased the property on Ridgeway because we were impressed with the solitude of the area. We met the local neighbors and were convinced that the property on Ridgeway would provide an ideal place to spend many peaceful hours in the backyard of our Arizona home. However, we don't believe that a neighboring day care center is consistent with this vision. Furthermore, it has been our experience that establishment of day care centers in residential neighborhoods invariably has a negative impact on nearby property values. We love children, and we wish the applicants success in their venture, but we feel that their enterprise should be located in a different area. Very truly yours, P Renee M. and John A. Breznak OCT 2 $ 2002 1 October 25, 2002 2 Ica 4 Town of Fountain Hills Attention: Joan Blankenship 5 P.O. Box 17958 Fountain Hills, Az 85269 6 7 R Dear sirs: 1 fQVVN1 Of FOUNTAIN HILLS 9 C T 2 8 2002 MMUNITY DEVELOPMENT VAIRWENT IN RE: TEMPORARY USE PERMIT 9 I hereby register my objection to the use of the property located at 15214 E. Palomino Blvd, AKA Lot 10 9, Block 1, Plat 604A for a period of two years as a day care center in that the property is zoned R18 usage and 11 should be used as a residential homestead and not as a business. 12 Our address is 15301 E. Palomino Boulevard. Our phone number is 480 837-9776. Our names are Richard and 13 Carol Frasco. Due to the fact that we did not receive a 14 letter advising us of the request for the use permit from the Town of Fountain Hills or any interested party seeking 15 the use permit until Friday, October 25, 2002, we would request that our objection be noted and considered if 16 received after the deadline mentioned in the Public Notice or that the deadline be extended another fourteen days to 17 allow us time to properly raise our objection. Thank you for your consideration in this 18 regard. ilk Sincerely, 20 Mr. & Mrs. Richard J. Frasco 21 22 23 24 25 `-- Mary L. Murphy 15307 E. PaloMino Boulevard Fountain 141113, AZ 85268 210 1 SO, •-7 09 IV/ 4"w� LW/ G7 oq b 0, lye+ a that is November 7, 2002 Leona S. Matiello 15214 E. Palomino Boulevard Fountain Hills, AZ 85268 RE: Temporary Use Permit Case Number TU2002-02 Dear Mrs. Matiello: Town of FOUNTAIN HILLS Community Development This letter is in regard to your request for a Temporary Use Permit to operate a day care facility with an on - site swimming pool as a home occupation at 15214 E. Palomino Boulevard. After posting the property for ten (10) days and sending out notification letters to the surrounding property �r owners within 300 feet of the proposed business, the Town has received three (3) letters of protest. I have attached copies of these letters for your review. The Zoning Ordinance for the Town of Fountain Hills, Chapter 2, Section 2.03.D.4, states that the Town Council must consider the Temporary Use Permit application at its first regular meeting held not less than fifteen (15) days after the receipt of said protest letters. Your request for a Temporary Use Permit has been placed on the November 21, 2002 Town Council agenda for discussion and action. The Town Council meets at 6:30 p.m. in the Town Council Chambers located at 16836 E. Palisades Boulevard. A Staff Report is being prepared and will be available at the Community Development Department, Town Hall Building "C", on Friday, November 15, 2002. If you have any questions, please feel free to contact me by email at Blankenship@fh.az.gov or by telephone at 480-8 16-5 122. Sincerely, (/o Joan Blankenship Planning Technician/Exec. Asst. C: Jesse Drake, AICP, Interim Director of Community Development E:\Temporary Use Pemits\TU 2002-02 Matiello Notification of TC Meeting.doc 16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404 11� FOUNTAIN HILLS TOWN COUNCIL 6 REQUEST FOR SPECIAL ATTENTION We the undersigned residents and business owners of the Town of Fountain Hills fully recognize and draw your attention to the fact that the lack of a viable plan for development of our Downtown area is embarrassingly long over due; and further, that the lack of such a plan is det►iiental to the economic viability of businesses struggling to succeed in that area. We believe it is imperative to the financial success of our Town and it's businesses that a plan be enacted as quickly as possible, and urge you to take immediate and decisive action on this matter. Date Signature Business or Organization 6wcv cue 0701t � ecdp uvE Co" kAIAj FOUNTAIN HILLS TOWN COUNCIL REQUEST FOR SPECIAL ATTENTION ,%W We the undersigned residents and business owners of the Town of Fountain Hills fully recognize and draw your attention to the fact that the iack of a viabie plan for development of our Downtown area is embarrassingly long over due; and further, that the lack of such a plan is detrimental to the economic viability of businesses struggling to succeed in that area We believe it is imperative to the financial success of our Town and it's businesses that a plan be enacted as quickly as possible, and urge you to take immediate and decisive action on this matter. Date .S%MW Signature Business or Organization a .rf�a �f s Gry S ti FOUNTAIN HILLS TOWN COUNCIL REQt'EST FOR SPECIAL ATTENTION We the undersigned residents and business owners of the Town of Fountain Hills fully recognize and draw ,your attention to the fact that the lack of a viable plan for development of our Downtown area is embarrassingly long over due; and further, that the lack of such a plan is detrimental to the economic viability of businesses struggling to succeed in that area. We believe it is imperative to the financial success of our Town and it's businesses that a plan be enacted as quickly as possible, and urge you to Crake immediate and decisive action on this matter. Date Signature Business or Organization 1 2 d )>-z) -Dz- -1111-/-1-',ft (=- n Hers TEE } ant, FOUNTAIN HILLS TOWN COUNCIL REQUEST FOR SPECIAL ATTENTION ,*or We the undersigned residents and business owners of the Town of Fountain Hills fully recognize and draw your attention to the fact that the lack of a viable plan for development of our Downtown area is embarrassingly long over due; and further, that the lack of such a plan is detrimental to the economic viability of businesses struggling to succeed in that area. We believe it is imperative to the financial success of our Town and it's businesses that a plan be enacted as quickly as possible, and urge you to Like immediate and decisive action on this matter. Date Signature Business or Organization /nv X//L{ Sftfy�l�- /I/r-�C. 7TRl ZdAfk / RA/C s A463(-- fi myvv J.'t fie. FOUNTAIN HILLS TOWN COUNCIL REQUEST FOR SPECIAL ATTENTION We the undersigned residents and business owners of the Town of Fountain Hills fully recognize and draw your attention to the fact that the lack of a viable plan for development of our Downtown area is embarrassingly long over due; and further, that the lack of such a plan is detrimental to the economic viability of businesses struggling to succeed in that area. We believe it is imperative to the financial success of our Town and it's businesses that a plan be enacted as quickly as possible, and urge you to take immediate and decisive action on this matter. Date Signature Business or Organization or Address 'lvam vac, cauaa ua �c �vaa 6v ua�c Date Signature viisiness or Or g-anization FOUNTAIN HILLS TOWN COUNCIL REQUEST FOR SPECIAL ATTENTION We the undersigned residents and business owners of the Town of Fountain Hills fully recognize and draw your attention to the fact that the lack of a viable plan for development of our Downtown area is embarrassingly long over due; and further, that the lack of such a plan is detrimental to the economic viability of businesses struggling to succeed in that area. We believe it is imperative to the financial success of our Town and it's businesses that a plan be enacted as quickly as possible, and urge you to take immediate and decisive action on this matter. Date Signature �17 Business or Organization or Address 1117 151-112 FIII TNT A IN NTT .I .0 TOXVN CnI INC'fl REQUEST FOR SPECIAL ATTENTION We the undersigned residents and business owners of the Town of Fountain Bills fully recognize and draw your attention to the fact that the lack of a viable plan for development of our Downtown area is embarrassingly long over due; and further, that the lack of such a plan is detrimental to the economic viability of businesses struggling to succeed in that area. We believe it is imperative to the financial success of our Town and it's businesses that a plan be enacted as quickly as possible, and urge you to take immediate and decisive action on this spatter. Date Sianatutre,._..., 1 Business or Organization F--0- Tio,z,