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Home My WebLink About2003.0220.TCSM.Packet>~ 3 0• 4 '?' '�ST 19%9 that 1S f'�Y Councilman Melendez Councilwoman Stevens Councilman Archambault NOTICE OF SPECIAL MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Beydler Councilwoman Nicola Councilman Kavanagh Vice Mayor Ralphe WHEN: THURSDAY, FEBRUARY 20, 2003 TIME: 6:30 A.M. WHERE: COMMUNITY CENTER 13001 North La Montana Drive A majority of the Council members may be in attendance at the Fountain Hills Chamber of Commerce Breakfast. They will not be taking any official action. DATED this 19'h day of February 2003. )c_ By: Bevelyn J. Bender, 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 participad in this meeting. I�0 NOTICE OF REGULAR ° SESSION OF THE a FOUNTAIN HILLS TOWN COUNCIL that is AI�4 Mayor Jon Beydler Councilman Rick Melendez Councilwoman Kathy Nicola Councilwoman Leesa Stevens Councilman John Kavanagh Councilman Mike Archambault Vice Mayor Susan Ralphe WHEN: THURSDAY, February 20, 2003 TIME: 6:30 P.M. REGULAR SESSION WHERE: TOWN HALL COUNCIL CHAMBERS 16836 EAST PALISADES BOULEVARD, BUILDING B MAYOR AND COUNCIL MESSAGE TO THE PUBLIC "Your comments are an important and valuable part of the governmental process and we welcome your input. Anyone wishing to speak before the Council is asked to fill out a speaker's card located at the rear of the council chambers and submit it to the town clerk prior to public discussion of that agenda item. After a motion regarding and agenda item has been made, seconded, and discussed by the Council, the town clerk will call each person who has completed a speaker's card for public comment on that issue. At that time, if you wish to address the Council regarding that issue, please stand and approach the microphone. As a reminder, please direct your comments to the Chair and not to other members of the Council or staff. You will have three minutes to speak from the time you are recognized. During that time, limit your comments to the specific agenda item at issue. We ask that you refrain from being repetitive, and please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. Thank you for participating in your Town government." RULES FOR ADDRESSING THE COUNCIL — ADOPTED 1118190 It is the Council's desire to hear public comment on agenda items. As it is important to maintain order during the meeting, please adhere to the following rules of order if you wish to speak: 1.) All citizens wishing to speak must first be recognized by the Mayor. 2.) The Mayor will not call for public comment on an item until after a motion has been made and seconded and the Council has had adequate opportunity to discuss the item. 3.) Please stand, approach the microphone and state your name and address after being called on to speak. 4.) All comments must be directed to the Mayor. 5.) TIME LIMIT — THREE (3) MINUTES PER PERSON PER ITEM. 6.) Statements should not be repetitive. 7.) Persons or groups wishing to make longer presentations should see the Town Clerk prior to the meeting. E:\BBender\Documents\Current Minutes 2003\Regular Session 2-20-03.doc Page 1 of 3 Last printed 2/19/2003 10:08 AM `a IR • CALL TO ORDER AND PLEDGE TO THE FLAG — Mayor Beydler • INVOCATION — Councilman John Kavanagh • ROLL CALL • STATEMENT REGARDING MEETING PROTOCOL — Mayor Beydler • STATE OF THE TOWN PRESENTATION — Mayor Beydler consent All items listed with an asterisk (") are considered to be routine, non -controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda, they may request so prior to the motion to accept the consent agenda. The item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. *1.) Consideration of the PRELIMINARY AND FINAL PLAT for the Edgeworth Twins Condominiums, located at 14028 Edgeworth Drive, aka Lot 32, Block 5, Final Plat 104. *2.) Consideration of the PRELIMINARY AND FINAL PLAT for the Attia Condominiums, located at 12211 N. Fountain Hills Boulevard, aka Lot 4, Block 8, Final Plat 206. *3.) Consideration of RESOLUTION 2003-06 regarding an amendment to the current contract between the Town of Fountain Hills and the Maricopa County Sheriffs Department to reduce present contract levels and costs to the Town. *4.) CONSIDERATION of a citizen to fill the vacancy on the McDowell Mountain Preservation Commission. *5.) Council APPOINTMENT of a citizen to serve on the Municipal Property Corporation. *6.) Consideration of a REPLAT OF FINAL PLAT 202, Block 2, Lots 9, 11, 12, and Tract "B", located at the northwest corner of Saguaro Blvd. and Amhurst Drive; Case #S2002-56. 7.) Consideration of a DEVELOPMENT AGREEMENT between the Town of Fountain Hills and Fountain Vista Properties L.L.C. regarding development considerations for a portion of Final Plat "Fountain Hills Resort" Lot 1. 8.) Public Hearing to receive comments on RESOLUTION 2003-04 a proposed amendment to the Town of Fountain Hills General Plan that would change the Existing and Proposed Land Use Maps from the designations of "Other" and "Lodging" to "Multi -Family Residential High Density" on a portion of final plat "Fountain Hills Resort" Lot 1. Case Number GPA2002-01. 9.) Consideration of RESOLUTION 2003-04 a proposed amendment to the Town of Fountain Hills General Plan that would change the Existing and Proposed Land Use Maps from the designations of "Other" and "Lodging" to "Multi -Family Residential High Density" on a portion of final plat "Fountain Hills Resort" Lot 1. Case Number GPA2002-01. 10.) Public Hearing to receive comments on ORDINANCE 03-05 a rezoning of 9.91 ± acres of land located in final plat "Fountain Hills Resort" Lot 1 from the "L-3 PUD" to the "R-4" zoning districts. Case Number Z2002-11. 11.) Consideration of ORDINANCE 03-05 a rezoning of 9.91 ± acres of land located in final plat "Fountain Hills Resort" Lot 1 from the "L-3 PUD" to the "R-4" zoning districts. Case Number Z2002-11. 12.) Public Hearing to receive comments on ORDINANCE 03-06 to allow rezoning from R143 to C-2 on Lots 5 and 6, Final Plat 412-B located at 19000 East Shea Boulevard including a request for the E:\BBender\Documents\Current Minutes 2003\Regular Session 2-20-03.doc Page 2 of 3 last printed 2/19/2003 10:08 AM abandonment of the non -vehicular access easement on the Shea Boulevard frontage and the dedication of a new non -vehicular access easement on Firebrick Drive. Case Number Z2002-12. 13.) Consideration of ORDINANCE 03-06 to allow rezoning from R143 to C-2 on Lots 5 and 6, Final Plat 412-B located at 19000 East Shea Boulevard including a request for the abandonment of the non - vehicular access easement on the Shea Boulevard frontage and the dedication of a new non -vehicular access easement on Firebrick Drive. Case Number Z2002-12. 14.) Consideration of a REQUEST FOR PROPOSAL to solicit bids to create an "Avenue of the Fountain" Concept Plan 15.) DISCUSSION AND CONSIDERATION of securing a public education consultant for the property tax issue. 16.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths and weaknesses and discuss possible improvements for future meetings. 17.) CALL TO THE PUBLIC. 18.) 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 a matter be put on a future agenda. DATED this 140' day of February, 2003 Bevelyn J.$ender,"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:\BBender\Documents\Current Minutes 2003\Regular Session 2-20-03.doc Page 3 of 3 Last printed 2/19/2003 10:08 AM February 20, 2003 STATE OF THE TOWN Fountain Hills, Arizona Mayor Jon Beydler Good morning (evening), everyone. It's my pleasure to be here to deliver the State of our Town of Fountain Hills. Before I begin I want to acknowledge the generosity of the Fountain Hills Chamber of Commerce for sponsoring this event and making this opportunity available to all the citizens of our community. (I also want to thank Frank Ferarra, the Board of Directors and all of you 1* . who are members of this terrific organization.) I especially want to thank all of you who have taken time out of your busy day to participate this morning (evening). I really appreciate this opportunity to talk to you in person about what your elected representatives and town staff have accomplished so far this year, and what we are working on and hope to complete in the future. In In the past, the State of the Town address has focused I, primarily on a long list of numbers and details, like how many miles of streets were chip -sealed or how many signs were tagged and entered into the Town computers. While these statistics are important, I don't think they give you the kind of full or accurate picture of how our town is really doing. And at this time in our history when we are facing so many crucial events, challenges and decisions, I think I'd rather spend our time looking at the big picture. Since the details are also important, however, Tim Pickering, our town manager, has been kind enough to compile a report entitled "Fountain Hills — A Year In Review." Copies of that report will be available to you on your way out today. For the remainder of our time together, I'd like us to pay attention to the more global, more critical issues that affect the people of our community. In I heard a great story the other day from City of Mesa Mayor, Keno Hawker. A father was reading his daughter a bedtime story, and the little girl asked him, "Daddy, do all fairy tales begin with "Once upon a time?" The father looked up from his book. "No, dear," he said. "There's a whole series of fairy tales that start with `If elected, I promise to ... "' The seven of us who were elected by you as your Town Council were elected because a majority of the voters trusted our vision and our commitment to getting things done. So what I'd like to talk about today is not about promises or fairy tales, but about real challenges and real achievements — about the goals, priorities, obstacles and accomplishments of our town government. A TIME OY GRANGE 2002 was a time of unprecedented change in Fountain Hills. As we all know, while change may be an inevitable fact of life, it is not always easy. Change is difficult, often messy and, sometimes, it comes at a high cost. But I believe that those of us who have perseverance, courage, optimism, and strong vision for the future find the means to make the changes we need to make. We may suffer what the poets call — "the slings and arrows of outrageous fortune" — but we get the job done — whatever that job may be. WHERE WE STARVED In June of 2002, when this Council took office the job was daunting to say the least. We were faced with a community seriously divided over a number of important issues. These divisions reflected themselves within our Town Council as well. We also faced three dangerous and contentious lawsuits against the Town. We had two interim Town Managers, an embattled Town Attorney, and a Presiding Judge about to retire. Local businesses were closing and moving out of town at an alarming rate. And, the further we got into 2002, the more we discovered about our huge budget deficit. IR A PERIOD OF GRIDLOCK Through much of the first six months, we suffered through what I think could best be called a period of gridlock. A lot of anger and acrimony was expressed in the press, in private conversations and in our public meetings as well. In fact, I think it is safe to say that we on the Town Council did not accomplish much in the first weeks and months of this new term, except perhaps to widen the gab between each other, the Town Staff and our citizens. As a result, those of us are your elected officials, the staff and all of us as private citizens were harmed and our community was further polarized. COOPERATION & ACCEPTANCE OF CHANGE Then, at last, when things were looking very dark indeed, we started dealing more effectively with the changes we had been elected to face. The members of the Council agreed to participate in a retreat and thanks to the courage of each of the members of the council, some valuable and terrific input from the staff and concerned members of the community, and some outstanding work by the firm who_ agreed to design and facilitate the retreat at no charge, the members of the Council and Staff were able to put aside politics and personal agendas and take a realistic look at where we were and what we had to do. Through a very unique and effective process we were able to admit that the threats facing our community were much bigger than our private, individual concerns and that by dealing honestly and respectfully with each other we had a much better chance of finding resolution to the difficult issues facing our town. At that retreat, we also accepted the fact that change was not going away. We accepted responsibility for our part in making a challenging situation worse. And we accepted the truth that our only hope for dealing with such major changes in our community, and of overcoming such dangerous threats to its well being, was in cooperation, mutual respect and greater trust. In short, we accepted the fact that we had to work together. ,,,+ For my part, one of the truest and most important things this experience has taught me about change and the process of governing is that none of us can go through it alone. I learned that no one can deal with all the issues and fix all the problems all by themselves. That `collective wisdom' — the wisdom of the members of the Council, the staff and the citizens taken together — is far greater than my own or the wisdom of any single individual. And when you're convinced that you're right, that your cause is just, this is a very humbling but very valuable lesson to learn. So for me, the bottom line is that as a result of the retreat I learned that we all need help. I need the wisdom and cooperation of my colleagues on the Town Council. Each of us as members of the Council needs each other. The Council needs the support of Town Staff. Town Government needs the assistance of our schools and community groups, our local business people, organizations like the Chamber, the merchants, and the best and brightest of all our citizens in Fountain Hills. In short, we're all in this together, going through incredible changes in our community and if we want Fountain Hills to be the special place we've always wanted it to be, it needs all of us to make it happen. THE RESULTS OF COOPERATION The proof as they say, `is in the pudding' and that is certainly true in this instance. As a direct result of our working together a lot of positive things have occurred. The most important and R critical result is our Town Council's ability to put aside our differences in favor of the common good. And for this, I'd like to take a moment to congratulate and celebrate my fellow Council members and others for their commitment to this terrific achievement. Mike Archambault, thank you for your painstaking attention to detail, your hours of preparation, and your tireless defense of the less privileged residents of Fountain Hills. John Kavanagh, thank you for your quick mind, your passion for your positions, and your constant commitment to the wise use of our taxpayers' money. Rick Nfelendez, thank you for wealth of business acumen, your ability to empower people, your generous and open-minded nature, and your unflagging respect for our system of government and the individual citizens we serve. Kathleen Nicola, thank you for your knowledge and experience of our legal processes, your keen oversight of our I%` Towns obligations and liabilities, and your firmly held principles of justice and fair play. Susan Ralphe, thank you for your high standards of personal and public conduct, for your fervent advocacy and defense of our natural environment, and for your undying commitment to and love for the land. Leesa Stevens, thank you for your years of experience in government process and protocol, for your broad understanding of our Town Code, for your commitment to preserving our natural inheritance, for your candor and your courage to call a "spade a spade". Tim Pickering and Andrew McGuire, thank you for all of your incredible work, your willingness to make some very hard decisions, for your good judgment and guidance. The Town Staff. What can I say? The work you do every day makes this town possible. Your willingness to go the extra mile, your courage to tell us the truth, your dedication to doing your best and your tireless support of the Council are greatly In appreciated. I also want to express a special thanks to George Cappannelli for your willingness to design and facilitate our Council Retreat at no cost to the Town. I know I speak for all of the members of the Council when I say that your valuable skills, experience and insight contributed greatly to the outcome. And finally, ladies and gentlemen all, with humility and sincerity, I thank you for your help these last weeks and months. Thank you for your countless hours of hard work, your support and ..0#1 encouragement, and your continuing commitment to a healthy, successful future for Fountain Hills. While the. members of the Council haven't agreed on everything and, fortunately for the good of the Democratic Process, never will; while we haven't yet managed to solve all of the problems or met all of our challenges, I truly believe we have found the secret to the good of Fountain Hills — that working together — intelligently, compassionately and effectively — makes all the difference in the world. And for that I know we are all very grateful. So thank you all. (Applaud.) The Record Is Beginning To Be Very Clear As a result of our coming together as a Council, we've been able to accomplish a great deal in a short period of time. We have hired excellent senior staff with our new Town Manager, Tim Pickering, our new Town Attorney, Andrew McGuire, and our new Presiding Judge, Ted Armbruster. These gentlemen took office under very difficult, unpredictable circumstances. Each has acquitted himself with skill, integrity and good humor. Gentlemen, ..r I congratulate you. (Applaud.) In this same spirit of cooperation we've held numerous public meetings on the Town Budget, law enforcement, fire safety, and downtown development. We have appointed blue ribbon panels and special citizen committees to research complex issues and offer us expert advice. We have settled two of the three lawsuits against the Town We have dealt with a staggering budget deficit, and we are winning the battle. Painful cuts in personnel and services were necessary, as was the sales tax increase that will take effect on April first. Neither of these actions was politically popular, but my fellow Council members had the courage to support them because it was the right thing to do. To that end, I want to extend a special tribute to the Town Staff. You have made some very difficult decisions and agreed to some personal sacrifices with common sense and a great deal of style. The budget crisis prompted some deep soul searching and some very tough and heart wrenching 1.. decisions and that under this difficult situation I believe that the Town Manager did a courageous job in consolidating positions and adding additional work load to others. Still, no matter how necessary, these cuts are not just about budgets but about people and I know that I speak for all of the members of the Town Council in expressing our deep gratitude to those members of the staff who either took eary severance packages or were asked to sacrifice their jobs for the good of the community. As I have said before, and I mean this from the bottom of my heart, if there had been any other way to balance this budget, we would most assuredly have done so. I'm sorry that we could not, and I am very sorry for all who have been asked to make personal sacrifices by these drastic but necessary measures. I am pleased to be able to report to you this morning, however, that the budget cutting is finished. We have done what the community asked of us. We have cut all we can without jeopardizing the integrity of Town government and services. So, where do we go from here? PLANNING FOR THE FUTURE — TOP PRIORITIES The Budget: In the wise words of Yogi Bera, "It ain't over `til it's over." The budget deficit remains our most immediate problem, and it has not been completely solved yet. The budget cuts and sales tax are only part of the solution. The Primary Property Tax may be distasteful to most of us, but it is a necessary bridge to the final solution of our financial problems. Until a new Fire District is formed, we must have operating revenues for fire safety. The situation is simple: without an interim property tax, the bleeding will not stop. I'm confident that the petition to form a new Fire District will receive the required number of signatures. But we are far from that reality right now, and we can't wait. Both the sales tax and the primary property tax have built-in limits. As soon as another adequate source of revenue is established, they both go away. 9 9 Fire Safety and Law Enforcement: As soon as possible, we must resolve our disagreements about fire safety services in Fountain Hills. We must put this chapter behind us. Personally, I am a strong proponent of a new Fire District and will work as hard as I can to make it happen. But this must really be a new district that reflects the views and wishes of our entire community. The new district board and the firefighters' union must find a way to resolve past differences and work together. Law Enforcement & Public Safety In the same vein, we must resolve once and for all the issue of law enforcement in Fountain Hills. We must have one agency providing these services. We must have the courage to make this decision next month and move forward. In both cases, fire safety and law enforcement, I'm not saying it will be easy, but it can be done. (Indicate Town Council) We're living proof of that! Economic Development: I believe our next priority has to be economic development. We must create a healthy economic environment in Fountain Hills to ensure financial stability, sustain viability and prevent a recurrence of disastrous budget deficits. As a first step, I will invite my fellow Council members to agree to appoint a dedicated Economic Development Commission or Task Force, the particulars of which can be determined in the weeks to come. We must plan, deliberate) and effective) for an economy P � Y Y� Y that provides our residents with the services they require but does not harm the unique qualities of our community that we all enjoy. It's a complicated process, but it's not impossible. It has been accomplished successfully in many other communities across our country. And when the planning stage has been executed, we must do something about it. We must stop talking and start acting — quickly, decisively, positively - on our intentions. A prime ,. example is the scheduled Hilton Resort. As a matter of fact, we're discussing the Hilton at tonight's Town Council meeting and I expect we'll vote to approve the project. This is a $55+ million undertaking that will be an enormous boon to our economy, providing new jobs for Fountain Hills residents, new customers for our local merchants, and new tax revenues for our general fund. Studies estimate about $1 million per month in off -site local sales, not including an additional $18 million per year in operating revenue from resort operations, all of which will generate more than $500,000 per year in local sales tax revenues. This is exactly the kind of economic activity Fountain Hills needs, and the type of multifaceted development we want to attract to our community. Town Center III is another centerpiece of our economic revival. We need to continue to support the Developer's in their quest to bring to reality Takala — the 52-store Cinemas & Marketplace which would include the long-awaited 6-plex movie theater, the 100+ suites hotel, additional restaurants and retail, as well as, the plethora of resort condos which will add to the critical mass of downtown residents. One way to show our support is to approve the Consensus Team's Request for Proposal at tonight's Town Council meeting in order to create a new design for the Avenue of the Fountains between La Montana and Saguaro Boulevards. This re -design is critical in order to integrate our existing downtown corridor with the new Town Center III. Additionally, I believe it is time for Developer Stuart Rider to gain approval for his retail project at along Saguaro at the Beeline. After all, this represents the 4th year in which he has attempted to gain approval for the development of his property. Now is not the time to hold back on development. This recession will end shortly. As a voting member of the Maricopa Association of Governments (MAG) I have access to economic data well in advance of the general public. The data indicates that the recovery will begin in 2004 and the bull will reign in 2005. All these economic development projects are scheduled to come on- line by the fall of 2004... just in time to allow our Town to "run with the bulls"! Stewardship Equally important to the financial health of our town is smart, responsible stewardship. We must learn from our mistakes and commit to not repeating them. The dissolution of the old Fire District and the ensuing fallout has given us some hard-won wisdom. We must never again make fundamental changes in government policy or structure without first thoroughly investing the options, identifying adequate, permanent funding to support it and implementing a constructive, sustainable plan of action. We must also be responsible and intelligent stewards of our environment. We are blessed to live in one of the most beautiful, scenic and naturally harmonious landscapes in America. As a result, each and every decision we make as members of the Council, Town Staff and citizens of our community must be with a close and careful eye on our accountability to the land and to its unique spirit. Similarly,: Nye must be smart with the people's money. We can't waste it with unnecessary or inefficient spending practices. For instance, everyone who has studied our situation in the current Town Hall offices agrees that they are impractical at best, and that we're losing money every additional day we occupy them. So we have to explore ways to solve this problem. From my perspective, once we solve our current deficit, how long do you suppose it would take to earn the funds to build a new Town Hall? With a healthy economy, I'd say we could do it in about 2 years. And I think that's a much smarter, more responsible handling of taxpayers' money than continuing to pay rent on expensive, outdated, inefficient facilities. There are plenty of other creative ideas to discuss to build a strong, diverse economy and protect the financial position of our Town. We can talk with the School District about a joint effort to attract a small college or university to Fountain Hills, perhaps even 1.0 to take up residence in the old Town offices. We can discuss intelligent, attractive incentives to bring new businesses to Fountain Hills.. We can review Town ordinances that impinge on the success and profitability of existing businesses. We can have a serious conversation about community -supported arts and cultural programs and their beneficial effects on local commerce. There are all kinds of new ideas we can explore, develop and put into action. THE REAL CHALLENGE IS CHANGE But, before we solve any of this — our economy, our fire safety, our law enforcement, our budget deficit — we must make a fundamental choice. We must choose to change. I'm convinced that Mahatma Ghandi was right when he said, "You must be the change you wish to see in the world." We have to change the way we deal with each other. We have to remember that the values we learned in school, listen to in our churches and synagogues and teach our children are not simply things we say. They are things we need to demonstrate and practice each day. That's not really such a big change. All we have to do is give up a little ego and self interest. All we have to do is be a little more respectful, a little more caring, a little more open and honest with each other. All we have to do is learn to honor our differences in a respectful way. We've managed to do it in our Town Council. Now, we it's time — long past time - to achieve the same thing on a community level. The choice is in our hands. We can choose to be a real community. Not a patchwork of warring factions that cannot come together in agreement. We can choose to be a cohesive fellowship that acknowledges and respects our differences and then works together in cooperation for the highest, common good of all Fountain Hills. We can move beyond our past tendency to be ideologues who do not tolerate dissenting opinions or new ideas, and instead model sensible citizenship by using public debate to achieve consensus. We can choose to go beyond the concept of being a bedroom community that relies on our neighbors to .,,,J provide necessary commodities and services, and instead become a thriving self-sustaining town that accommodates the needs of all its citizens. At the risk of sounding like a broken record, I will say it again. None of this will be easy. We will stumble in places, meet challenges and experience some disagreements at others. But I believe that challenge — as the Chinese say — is also a sign of opportunity and when I look into the future what I see is a lot of opportunity and a way of meeting a future that is absolutely possible. In part, I hold this point of view because the alternative is simply unacceptable. This community is filled with too many incredibly smart, talented, creative people. We truly have it within our power to make Fountain Hills whatever we want it to be. All we have to do is to have a little patience, a little hope and the willingness to work together. Then change becomes our friend and not an enemy, and our future becomes everything we dream it can be. Thank you. Questions? Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 2/20/03 Submitting Department: Community Development Contact Person: Denise Ruhling, Planner Consent:❑ Regular:® Requesting Action:® Type 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 ADDronriate'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 PRELIMINARY AND FINAL PLAT for the Edgeworth Twins Condominiums, located at 14028 Edgeworth Drive, aka Lot 32, Block 5, Final Plat 104. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and BackgroundInformation: This request is for approval of the Preliminary/Final Plat "Edgeworth Twins Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off -site public improvements, a "fast track" process is being allowed. This application was reviewed at the January 13, 2003, Planning & Zoning Commission and was recommended for approval by a unanimous vote. List All Attachments as Follows: Staff Report, Plat Maps Type(s) of Presentation: Signatures of Submitting Staff: De rtment Head , -a � Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING DEPARTMENT STAFF REPORT TO: Mayor Beydler and Town Council DT: February 13, 2003 FR: Denise Ruhling, Planner--- _' RE: Case # S2002-52; Preliminary/Final Plat "Edgeworth for the Twins Condominiums". LOCATION: 14028 Edgeworth Drive, aka Lot 32, Block 5, Final Plat 104. REQUEST: Consider the Preliminary/Final Plat for "Edgeworth Twins Condominiums", a 2-unit condominium project. PROJECT MANAGER: Denise Ruhling, Planner DESCRIPTION: OWNER: APPLICANT: EXISTING ZONING: EXISTING CONDITION: LOT SIZE: Edbear Construction, Inc. Edbear Construction, Inc. "R-2" Developed and occupied 12,086 square feet (.27 acres) SURROUNDING LAND USES AND ZONING: NORTH: Single-family; zoned "R-2" SOUTH: Duplex; zoned "R-2" EAST: Duplex; zoned "R-2" WEST: Undeveloped; zoned "R-2" SUMMARY: This request is for approval of the Preliminary/Final Plat "Edgeworth Twins Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off -site public improvements, a "fast track" process is being allowed. The owner, Edbear Construction, Inc., has chosen to convert a two -unit residential complex and record a Declaration of Condominium to sell the units individually. The units have a maximum livable area of 1,752 square feet and a minimum livable area of 1,752 square feet. Each unit has a two -car garage and a covered patio. The property was developed under building permit number 2001-930, and has received a certificate of occupancy. The Planning & Zoning Commission reviewed this application at their January 13, 2003, meeting and recommended approval by a unanimous vote. RECOMMENDATION: The Planning and Zoning Commission and Staff recommend approval of S2002-52; Preliminary Plat "Edgeworth Twins Condominiums". - SSSS-_fB (C r 'StBI LfB {C3t) C�a�IJ t �ZLS3^ NO Ic;_Il�7eJl`J: fJf.C] S 51 LL .14 ° la. - - '1Nwolm4YYtl 4 OWtl33N10N3 3 4 .-of-c, �, ..M..-r 1 /k�.3W❑9JNDW SWf11NIWOUN00 SNIMI HIHOM3J03 0 • O z V -oaj ZZ Ui V E a z ==o� �t 0 t bS O Q x ^ 0 `I Lf- '�I =u955 I� I J-1 9 a 4. I - I IIr a� =sm- . c1 ` ;az rsi �{dl / : yy1 \ r w T NIN33NION3 ---------- sycriflaw aNOO JNOW SNIMI HI2lOM30 (33 A 7T� 77= Of 14; CID Z: 4 1 r .4 . Z-.:, .1 ¢ 4 i Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 2/20/03 Submitting Department: Community Development Contact Person: Denise Ruhling, Planner Consent:❑ Regular:® Requesting Action:® Type 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 AM)romiate 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 PRELIMINARY AND FINAL PLAT for the Attia Condominiums, located at 12211 N. Fountain Hills Boulevard, aka Lot 4, Block 8, Final Plat 206. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: This request is for approval of the Preliminary/Final Plat "The Attia Condominium" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off -site public improvements, a "fast track" process is being allowed. The Planning & Zoning Commission recommends approval of this application. List All Attachments as Follows: Staff Report, Plat Maps Type(s) of Presentation: Signatures of Submitting Staff: D /ent Head —4� Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS (W PLANNING DEPARTMENT STAFF REPORT TO: Mayor Beydler & Town Council DT: February 13, 2003 FR: Denise Ruhling, Plamler- RE: Case # S2002-53; Preliminary/Final Plat for "The Attia Condominium". LOCATION: 12211 N. Fountain Hills Blvd., aka Lot 4, Block 8, Final Plat 206. REQUEST: Consider the Preliminary/Final Plat for "The Attia Condominium", a 2-unit condominium project. PROJECT MANAGER: Denise Ruhling, Planner DESCRIPTION: OWNER: Charles & Magda Attia APPLICANT: Charles & Magda Attia EXISTING ZONING: "R-2" EXISTING CONDITION: Developed and occupied LOT SIZE: 9,969 square feet (.22 acres) SURROUNDING LAND USES AND ZONING: NORTH: Duplex; zoned "R-2" SOUTH: Undeveloped; zoned "R-2" EAST: Single-family; zoned "R-2" WEST: Fountain Hills Blvd.; zoned "R1-35" SUMMARY: This request is for approval of the Preliminary/Final Plat "The Attia Condominium" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off -site public improvements, a "fast track" process is being allowed. The owners, Charles & Magda Attia, have chosen to convert a two -unit residential complex and record a Declaration of Condominium to sell the units individually. The units have a maximum livable area of 1,658 square feet and a minimum livable area of 1,526 square feet. Each unit has a two -car garage and a covered patio. The property was developed under building permit number 2001-118, and has received a certificate of occupancy. The Planning & Zoning Commission reviewed the application at their January 13, 2003 and recommended approval by unanimous vote. RECOMMENDATION: The Planning & Zoning Commission and Staff recommend approval of S2002-53; Preliminary/Final Plat "The Attia Condominium". ■ • ° ee • Jill!= eQ MiM ilh N I arI / X I �s 69 y 6 e r99 RO 00015 / J!l�!Y` g�!le I r�i i 9 F !i`�El.lp2 �e B e gsa y 1951gp • i A R s m 0 • N 0 J r A co N H O J � n \ N F- \O J Town of Fountain Hills Town Council Agenda Action Form Regular Meeting Town Manager , O ]k co nsetit�® ❑ Tvne'.ofDocument.Needin2AnDrova C e 'd P ii abnlvl: 02/20/03 ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Amendment t * 1'iCheck Annronriat& Are) ❑ Education ❑ Public Fitness ® Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Tim Pickering Report ©nly❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: Consideration of RESOLUTION 2003-06 regarding an amendment to the current contract between the Town of Fountain Hills and the Maricopa County Sheriffs Department to reduce present contract levels and costs to the Town. Approve Yes 141 754 Purpose of Item and Backkrotind Inforination A reduction in current law enforcement sheriffs contract services from the current 3.0 beats was approved by the Council as part of the Town's initial budget reduction plan in December 2002. This revision would change the current 3.0 beats to 2.66 beats with the reduction in beats occurring during the time when the least number of calls for service are received. We have requested that this reduction occur no later than March ls`. We anticipate savings of $ 47,251 this fiscal year, and a savings of $141,754 for next fiscal year. LYSAllAttachments as'.Folliwsi Amendment, Resolution 2003-06 none Signatures: of SubmittingtStaff: Department Head Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) on RESOLUTION NO.2003-06 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING THE THIRD AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FOR LAW ENFORCEMENT SERVICES. WHEREAS, the Town of Fountain Hills (the "Town") and Maricopa County (the "County") entered into that certain Agreement for Law Enforcement Services (the "Initial Agreement"), executed July 30, 2002 and recorded on August 13, 2002 at No. 2002-0824107, Records of Maricopa County, Arizona. WHEREAS, the Initial Agreement was amended to reflect a change in the Term of the Agreement and the provisions relating to Termination (the "First Amendment"). The First Amendment was executed July 30, 2002 and recorded on August 13, 2002 at No. 2002-0824108, Records of Maricopa County, Arizona. WHEREAS, the Initial Agreement was amended a second time (the "Second Amendment") to clarify the method by which the County would provide an additional vehicle to be utilized in Fountain Hills in connection with the Initial Agreement (the Initial Agreement, the First Amendment and the Second Amendment are collectively referred to as the "Agreement"). WHEREAS, the Town and the County desire to further amend the Agreement (the "Third Amendment") to (i) provide for additional terms and conditions relating to amendments to the Agreement, (ii) reduce the number of patrol beats from 3.0 to 2.66 and (iii) reduce the amount of compensation under the Agreement for the period of March 1, 2003 through June 30, 2003. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA as follows: Section 1: That the Third Amendment is hereby approved in the form attached hereto as Exhibit A and incorporated herein by reference. Section 2: That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to cause the execution and recordation of the Third Amendment. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, February 18, 2003. FOR THE TOWN OF FOUNTAIN HILLS ATTEST: Jon M. Beydler, Mayor Cassie B. Hansen, Town Clerk REVIEWED BY: Timothy G. Pickering, Town Manager 9196.004\MCSO 1GA-3rd amend.res.doc 2-13-03-1 APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney THIRD AMENDMENT TO AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND MARICOPA COUNTY C-50-02-095-2-03 This Third Amendment to the Agreement between the Town of Fountain Hills and Maricopa County (this "Third Amendment") shall become effective upon approval of the Council of the Town of Fountain Hills, the Maricopa County Board of Supervisors and filing with the Maricopa County Recorder. However, the amount of reimbursement for public safety services, resulting from this Amendment shall be effective March 1, 2003. RECITALS A. The Town of Fountain Hills (the "Town') and Maricopa County (the "County") entered into that certain Agreement for Law Enforcement Services (the "Initial Agreement"), executed July 30, 2002 and recorded on August 13, 2002 at No. 2002-0824107, Records of Maricopa County, Arizona. B. The Initial Agreement was amended to reflect a change in the Term of the Agreement and the provisions relating to Termination (the "First Amendment"). The First Amendment was executed July 30, 2002 and recorded on August 13, 2002 at No. 2002-0824108, Records of Maricopa County, Arizona. C. The Initial Agreement was amended a second time (the "Second Amendment') to clarify the method by which the County would provide an additional vehicle to be utilized in Fountain Hills in connection with the Initial Agreement (the Initial Agreement, the First Amendment and the Second Amendment are collectively referred to as the "Agreement'). D. The Town and the County desire to further amend the Agreement to (i) provide for additional terms and conditions relating to amendments to the Agreement, (ii) reduce the number of patrol beats from 3.0 to 2.66 and (iii) reduce the amount of reimbursement under the Agreement for the period of March 1, 2003 through June 30, 2003. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the covenants and conditions set forth below, the Town and the County hereby agree as follows: Section 4 is hereby deleted in its entirety and replaced with the following: 4. Amendments This document contains the entire agreement of the parties and cannot be changed orally. Any changes or modifications of this Agreement must be in the form of a written amendment to this Agreement signed by both parties. Amendments resulting in cost increases or decreases because of changes in service levels shall require a 30-day written notice prior to the effective date of changes. Section 10(b) is hereby deleted in its entirety and replaced with the following: 10. Service Provision (b) Public Safety services provided by the Sheriffs Office under this Agreement shall be decreased from a level of 3.0 patrol beats to 2.66 patrol beats effective March 1, 2003, subject to the right of the Town Manager or Designee to request additional support services or extend service from time to time. Agreement must be reached among the Town, the Maricopa County Board of Supervisors and the Sheriff concerning additional levels of services and the cost thereof prior to the amendment of this Agreement to reflect additional service provisions. Section 18 is hereby deleted in its entirety and replaced with the following: 18. Reimbursement for Public Safety Services The Town agrees to pay the sum of $1,462,406 for all public safety services rendered during this agreement per attached worksheets. By April 1 of each year of this Agreement, Maricopa County shall notify the Town of charges for services requested for the following year. Charges shall be prepared in accordance with the formula developed cooperatively by the Town, the County Office of Management and Budget and the Sheriffs Office in the 1995 Law Enforcement Agreement Cost Allocation Formula. The Associated Worksheet attached to this Agreement shall reflect all credits to which the Town is entitled by virtue of any program grants, or other funds paid to Maricopa County or the Sheriffs Office on behalf of the Town. Should Maricopa County fail to timely notify the Town of the charge for services for any fiscal year, the charge shall be the same as a previous year. Payment for services for each year of this Agreement will be made in 12 equal installments on a monthly basis on or before the 10`s of each month. The first payment shall include all monthly payments due from July 1, 2001. In cases where an authorized amendment to this Agreement results in a change to the established monthly rate, a new rate will become effective with the date of the amendment allowing for payment of equal installments for the remainder of the term. IN WITNESS WHEREOF, the parties have entered into this Agreement as of the last date set forth below: MARICOPA COUNTY BOARD OF SUPERVISORS TOWN OF FOUNTAIN HILLS BY: BY: Chairman, Board of Supervisors Date Mayor Date ATTEST: ATTEST: Clerk of the Board Date Town Clerk Date MARICOPA COUNTY SHERIFF'S OFFICE Joseph M. Arpaio, Sheriff Date In accordance with the requirements of ARiz. REV. STAT. § 11-952(D), the undersigned attorneys acknowledge that (i) they have reviewed the above Agreement on behalf of their respective clients and (ii) as to their respective clients only, each attorney has determined that this Agreement is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Deputy County Attorney Date Town Attorney Date a DOS NCI 3° o t Is January 30, 2003 Sheriff Joe Arpaio Maricopa County Sheriff's Office 100 West Washington Street Suite 1900 Phoenix AZ 85003 Dear Sheriff Arpaio: Town of FOUNTAIN HILLS The Town of Fountain Hills is respectfully requesting a reduction in law enforcement contract services from the current 3.0 beats. This request would change the current 3.0 beats to 2.66 beats, with the reduction in beats occurring during the time when the least number of calls for service are received. We are requesting that this reduction occur no later than March 1st, understanding that the Maricopa County Board of Supervisors is scheduled to consider this at their February meeting. This change is due to the financial restraints placed on the Town and is not a reflection of the quality of service that Fountain Hills has been receiving. Thank you for your continued support of Fountain Hills and your agency's continuous cooperation. Kindest Regards, - Timothy G. Pickeri»g, CEcD Town Manager cc: Mayor and Town Council E:Sstein\TPickering\sherif�oearpaio\o 13003 16836 East Palisades Boulevard, Building A - P.O. Box 17958 - Fountain Hills, Arizona 85269 - (480) 837-2003 - FAX: (480) 837-3145 Fountain Hills Maricopa County Sheriffs Office Law Enforcement Contract Proposal for Reduced Beat Coverage FY 2002/2003 (January 21, 2003 Proposal) Summary of Reduction Impact Annual Jul 2002 Mar 2003 Fiscal Contract to to Year Beats Costs Feb 2003 Jun 2003 2002/03 3.00 1,509,657 1,006,438 1,006,438 8 months 2.66 1,367,903 455,968 455,968 4 months Total Annualized Adjusted Contract Amount $1,462,406 IZ months Fountain Hills Maricopa County Sheriff's Office Law Enforcement Contract Proposal Worksheet FY 2002/2003 Total Number of Patrol Beats to be Provided Personnel Services C 3,00 Classifications of Persomel verage Hourly Rate —rage w var. Fringe Costs Armall Total Fixes Fringe Costs k—d Ccrs Patrol Deputies 1560 $19 39 $21.71 2088 $77,859 60 $785 047 COPS Universal Deputy 2.00 $16 76 $18 77 2088 $9,982 00 $88.350 Detectives 2,49 S19 39 $21 71 2088 $12,439 57 $125.426 Sergeants 2,01 $28 39 S31.79 20M $10,048 99 $143,688 LieutenantICaptain 098 SU 65 $38 80 2088 S4,880 09 $84 089 Clencal 0.52 $11,23 S12.57 2088 $2,59931 $16,273 Traffic Enforcement 0 00 $19 39 $21.71 2088 $0 00 $0 Transportation DeDuty 052 $19 39 1 S21 71 2088 S2,599 31 $26 208 Total Staff Costs $1,269,081 Van bl F C a e tinge osts Fixed Fringe Costs (per employee) 11 97% S4,991 Manpower Allocation Factor FTE Staffing Requirements wr / 7 day post 52 FTE Employees 0.67 Detectives 1 Beat r / 7 day post 1 75 FTE Employees 1.00 Sergeant for 9 Deputies it 15 day post 114 FTE Employees 1.00 Lieutenant for 18 Deputies 0,14 Clencal for 1 Beat 0.14 Transport Deputy 1 Beat Special Pay IFTEs Per FTE Cost Dvertime/Shift Differential 124131 $1,918 00 Total Personnel Services Su lies Services, and Rent Supplies Based on avenge supply use derived by dividing costs for supplies by number of errpbyees in the Dstncts The avenge is then mutiplied by the n m i— of FTEs. Cost for Supplies S11,358 Total Employees 16 Average per Employee S710 Total FTE's 24 13 Total Supply Costs $17.126 Vehicle and Equipment Based on"mleage rate. cl o aahon of vehde, and depreaabon of equipment MAbiled by ru mber of estimated mles Vehicle Cost with Warranty 29,960 Vehicle life 100,000 miles. Equipment Costs 6324 Equipment life 200.000 miles Per Mile Estimated Annualized Rate Annual Miles Costs Mileage Rate $0 192 190,000 $36,480 Vehicle Depreciation $0296 190,000 $56240 EquIpment Dep,F,,a in $0.032 190.000 $6.080 Purcnase of Vehicle S36 000 Total Vehicle and Equipment Costs $134,800 nurications Based on the per Deputy cost for ratio service derived by dividing the users Imo the Conanuscahons budget Users of the System Bud et Per De u Cost Sworn FTE's 2,350 $4.219. 111 1 $1,795 23.60 d Communications Costs S42 Total Supplies, Services, and Rent �'S Universal Deputies beginning July 1, 1999. (In addition to contracted 3 beats) Total Contract Costs Revised Arir 1 15 2002 $1,31 E1,509,657 Fountain Hills Maricopa County Sheriffs Office Law Enforcement Contract Proposal Worksheet FY 2002/2003 Total Number of Patrol Beats to be Provided Personnel Services Classifications r of Personnel Avenge Hourly Rate verage w/ var Fnnge Costs Annual Hours Total Fixed Fnnge Costs pad Costs Patrol Deputies 13,83 $19 39 $21 71 2088 $69,035 51 $696,075 COPS Universal Deputy 200 $16.76 $18,77 2088 $9,982.00 $88,350 Detectives 2.21 $19,39 $21.71 2088 $11,029.75 $111,211 Sergeants 1,81 $28,39 $31.79 2088 $9,035,80 $129,200 LieutenantICaptain 0.88 $34 65 $38 80 2088 $4,389.86 $75,642 Clerical 046 $1123 $12.57 2088 $2,304.72 $14,429 Traffic Enforcement 0.00 $19,39 $21.71 2088 $0 00 s0 Transportation Deputy 046 $1939 $2171 1 2088 $2,304.72 1 $23,238 Total Staff Costs $1,138,145 Variable Fringe Costs Fixed Fringe Costs (per employee) 11 97% $4,991 Manpower Allocation Factor FTE Staffing Requirements r / 7 day post 5.2 FTE Employees 0.67 Detectives 1 Beat ! 7 day post 1,75 FTE Employees 1.00 Sergeant for 9 Deputies / 5 day post 1,24 FTE Employees 1 00 Lieutenant for 18 Deputies 0.14 Clerical for 1 Beat 0 14 Transport Deputy 1 Beat Special Pay IFTE's IPer FTE Cost I Total Special Pay Costs Overtime/Shift Differential 21661 $1,918001 $41,535 Total Personnel Services $1 Supplies. Services, and Rent Supplies Based on avenge supply use derived b dvid y rig costs for supplies by number of employees in the Distncts. The avenge is then nvAiphed by the number of FTE's. Cost for Supplies $11,358 Total Employees 16 Average per Employee $710 Total FTE's 21,66 Total Supply Costs $15,373 Vehicle and Equipment Based on M mleage rate, depreciation of veNde, and deprecation of equipment rmatipbed by nunber of estimated roles. Vehicle Cost with Warranty 29,960 Vehicle life 100,000 miles. Equipment Costs 6324 Equipment life 200,000 miles. Per Mile Estimated nnualized Rate Annual Miles Costs Mileage Rate $0.192 190,000 $36,480 Vehicle Depreciation $0.296 190,000 $56,240 Equipment De reciation $0.032 190.000 $6,080 Purchase of Vehicle $36.000 Total Vehicle and Equipment Costs $134,800 unications Based on the per Deputy cost for radio serrate derived by dividing the users into the Comnxmicabons budget. Isers of the System IBudg2t Per De u Cost ISworn FTE's 21350 $4,219,011 $1,795 21-19 Communications Costs $3E 2.66 Total Supplies, Services, and Rent $188,222 Two COPS Universal Deputies beginning July 1, 1999. (In addition to contracted 3 beats) Total Contract Costs $1,367,903 Revised January 21 2003 •-m RESOLUTION NO.2003-06 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING THE THIRD AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FOR LAW ENFORCEMENT SERVICES. WHEREAS, the Town of Fountain Hills (the "Town") and Maricopa County (the "County") entered into that certain Agreement for Law Enforcement Services (the "Initial Agreement"), executed July 30, 2002 and recorded on August 13, 2002 at No. 2002-0824107, Records of Maricopa County, Arizona. WHEREAS, the Initial Agreement was amended to reflect a change in the Term of the Agreement and the provisions relating to Termination (the "First Amendment"). The First Amendment was executed July 30, 2002 and recorded on August 13, 2002 at No. 2002-0824108, Records of Maricopa County, Arizona. WHEREAS, the Initial Agreement was amended a second time (the "Second Amendment") to clarify the method by which the County would provide an additional vehicle to be utilized in Fountain Hills in connection with the Initial Agreement (the Initial Agreement, the First Amendment and the Second Amendment are collectively referred to as the "Agreement"). WHEREAS, the Town and the County desire to further amend the Agreement (the "Third Amendment") to (i) provide for additional terms and conditions relating to amendments to the Agreement, (ii) reduce the number of patrol beats from 3.0 to 2.66 and (iii) reduce the amount of compensation under the Agreement for the period of March 1, 2003 through June 30, 2003. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA as follows: Section 1: That the Third Amendment is hereby approved in the form attached hereto as Exhibit A and incorporated herein by reference. Section 2: That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to cause the execution and recordation of the Third Amendment. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, February 20, 2003. FOR THE TOWN OF FOUNTAIN HILLS ATTEST: REVIE APPROVED AS TO FORM: Timothy G. Pickering, Tow ger Andrew J. McGuire, Town Attorney 9196.004\MCSO IGA-3rd amend.res.doc 2-13-03-1 V. cx, runt tigenaa w an Status Page 1 of l 0* Agenda Activity: Action Agenda Number: C-50-02-095-2-03 Department: Sheriff Category: Sheriff Contact: Suzanne Ashmore Phone: 256-1633 Continued from: Return to: Suzanne Ashmore Phone: 256-1685 Location: COMPLEX - SHERIFF ADMIN. AND MAIN JAIL Action Requested: Approve amendment #3 to the Intergovernmental Agreement between Maricopa County and the Town of Fountain Hills that results in a decrease to the number of patrol beats of .34. Per ARS 42-17106B, also approve a decrease in the FY 2002-03 Maricopa County Sheriff's Office budgeted revenue and expenditures of $47,251. This amendment also includes minor changes to contract language addressing terms for notification when cost increases or decreases result. This amendment will be effective March 1, 2003.�- v A, �s ��I� - Complete description of action requested: On May 15, 2002. the Board of Supervisors approved the current IGA with the Town of Fountain Hills for a contract value Of $1,462,406. The Town of Fountain Hills requested a decrease in law enforcement contract services from 3.00 beats to 2.66 beats, effective March 1, Z2003. This results in a new FY 02-03 total contract cost of $1,462,406 or a $47,251 decrease. Performance Indicator: Program Name: Enforcement Activity Name: Patrol Performance Measure: % if re onses that result in arrests Anticipated Result: Approval this item will allow the Sheriff's Office to continue providing preventive enforcement and law enforcement response to a general public so that criminal activity can be deterred and offenders can be apprehended. Expenditure Impact by FY(s):1 There will be a decrease in FY 2002-03 revenue and expenditures of $47.251. Routing: Meeting Date: 04/02/2003 .egend X=Pending A=Approved R=Rejected C LEGAJ--��MATL_MNGT:IOMB r' I A t q7 t Norma Risoh - COBX From: Don Tellis - OMBX Sent: To: Wednesday, March 26, 2003 10:31 AM Norma Risch - COBX Cc: LeeAnn Bohn - OMBX Subject: FW: Sheriffs Agendas Norma - here is what we need to have added to the Fountain Hills Sheriffs agenda... This reduction in revenue and expenditures partially offsets the increase in revenues and expenditures noted in agenda item C5003011202, which authorized an IGA between the Town of Queen Creek and the Maricopa County Sheriffs Office. The remainder of the revenue and expenditure increase approved in agenda item C5003011202 is allowable because the overall FY 2002-03 County budget has been reduced below the level originally set by the Board of Supervisors at the Final Budget Adoption in July 2002. Thank you, Don O Tellis, II ( dtellis email aov ) Maricopa County - Office of Management and Budget (602) 506-8932 You can give the "Gift of Life." Donate blood and help save the lives of up to 4 people. What a wonderful gift. Donate Blood to the American Red Cross To schedule an appointment, call (800) GIVE -LIFE. www.givelife.org /a HOLD FOR PICK UP CLERK OF THE BOARD BASKET PICK UP OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER HELEN PURCELL 2003-045'4945 04/11/03 14:45 6 OF 9 DELR054'A CAPTION HEADING: Amendment 3 to Intergovernmental Agreement with Fountain Hills for reduction of patrol C-50-02-095-2-03 DO NOT REMOVE This is part of the official document THIRD AMENDMENT TO AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND MARICOPA COUNTY C-50-02-095-2-03 This Third Amendment to the Agreement between the Town of Fountain Hills and Maricopa County (this "Third Amendment") shall become effective upon approval of the Council of the Town of Fountain Hills, the Maricopa County Board of Supervisors and filing with the Maricopa County Recorder. However, the amount of reimbursement for public safety services, resulting from this Amendment shall be effective March 1, 2003. RECITALS A. The Town of Fountain Hills (the "Town") and Maricopa County (the "County") entered into that certain Agreement for Law Enforcement Services (the "Initial Agreement"), executed July 30, 2002 and recorded on August 13, 2002 at No. 2002-0824107, Records of Maricopa County, Arizona. B. The Initial Agreement was amended to reflect a change in the Term of the Agreement and the provisions relating to Termination (the "First Amendment"). The First Amendment was executed July 30, 2002 and recorded on August 13, 2002 at No. 2002-0824108, Records of Maricopa County, Arizona. C. The Initial Agreement was amended a second time (the "Second Amendment") to clarify the method by which the County would provide an additional vehicle to be utilized in Fountain Hills in connection with the Initial Agreement (the Initial Agreement, the First Amendment and the Second Amendment are collectively referred to as the "Agreement"). D. The Town and the County desire to further amend the Agreement to (i) provide for additional terms and conditions relating to amendments to the Agreement, (ii) reduce the number of patrol beats from 3.0 to 2.66 and (iii) reduce the amount of reimbursement under the Agreement for the period of March 1, 2003 through June 30, 2003. AGREEMENT - NOW, THEREFORE, in consideration of the foregoing and the covenants and conditions set forth below, the Town and the County hereby agree as follows: Section 4 is hereby deleted in its entirety and replaced with the following: 4. Amendments This document contains the entire agreement of the parties and cannot be changed orally. Any changes or modifications of this Agreement must be in the form of a written amendment to this Agreement signed by both parties. Amendments resulting in cost increases or decreases because of changes in service levels shall require a 30-day written notice prior to the effective date of changes. Section 10(b) is hereby deleted in its entirety and replaced with the following: 10. Service Provision (b) Public Safety services provided by the Sheriff's Office under this Agreement shall be decreased from a level of 3.0 patrol beats to 2.66 patrol beats effective March 1, 2003, subject to the right of the Town Manager or Designee to request additional support services or extend service from time to time. Agreement must be reached among the Town, the Maricopa County Board of Supervisors and the Sheriff concerning additional levels of services and the cost thereof prior to the amendment of this Agreement to reflect additional service provisions. Section 18 is hereby deleted in its entirety and replaced with the following: 18. Reimbursement for Public Safety Services The Town agrees to pay the sum of $1,462,406 for all public safety services rendered during this agreement per attached worksheets. By April 1 of each year of this Agreement, Maricopa County shall notify the Town of charges for services requested for the following year. Charges shall be prepared in accordance with the formula developed cooperatively by the Town, the County Office of Management and Budget and the Sheriff's Office in the 1995 Law Enforcement Agreement Cost Allocation Formula. The Associated Worksheet attached to this Agreement shall reflect all credits to which the Town is entitled by virtue of any program grants, or other funds paid to Maricopa County or the Sheriffs Office on behalf of the Town. Should Maricopa County fail to timely notify the Town of the charge for services for any fiscal year, the charge shall be the same as a previous year. Payment for services for each year of this Agreement will be made in 12 equal installments on a monthly basis on or before the 10`s of each month. The first payment shall include all monthly payments due from July 1, 2001. In cases where an authorized amendment to this Agreement results in a change to the established monthly rate, a new rate will become effective with the date of the amendment allowing for payment of equal installments for the remainder of the term. IN WITNESS WHEREOF, the parties have entered into this Agreement as of the last date set forth below: MARICOPA COUNTY BOARD OF SUPERVISORS TOWN OF FOUNTAI ILLS B�_ BY: Chairman, Board of Supervisors Date M or Date U AcTTEST: ATTEST• _ 03 ae/a3 C r of the Board ''- !'�l I `� Date Town Clerk Date M�tICOPA CO SHERIFF'S OFFICE BY: Joseph M. Arpaio, Sheriff Date In accordance with the requirements of ARtz. REV. STAT. § 11-952(D), the undersigned attorneys acknowledge that (i) they have reviewed the above Agreement on behalf of their respective clients and (ii) as to their respective clients only, each attorney has determined that this Agreement is in proper form and is within the powers and authority granted under the laws of the State of Arizona. I- � - lt�� -� Z - 710 -03 Deputy County Attorney Date Tolwai.Attorney Date 2 Fountain Hills Maricopa County Sheriffs Office Law Enforcement Contract Proposal for Reduced Beat Coverage FY 2002/2003 (January 21, 2003 Proposal) Annual Contract Beats Costs Summary of Reduction li Jul 2002 Mar 2003 to to Feb 2003 Jun 2003 3.00 1,509,657 1,006,438 2.66 1,367,903 455,968 ct Fiscal Year 2002/03 1,006,438 8 months 455,968 4 months Total Annualized Adjusted Contract Amount $1,462,406 12 months Fountain Hills Maricopa County Sheriffs Office Law Enforcement Contract Proposal Worksheet FY 2002/2003 Total Number of Patrol Beats to be Provided Personnel Services Classifications Number of Personnel -rage Hourly Rate Average w/ var. Fringe Costs Annijai Total Fixed Frirage Costs Aad Costs Patrol Deputies COPS Universal Deputy 15.60 2.00 $19.39 $16.76 221 71 $18.77 2088 $77,859.60 $785,047 Detectives 2,49 $19.39 $21.71 2088 2088 $9,982.00 $12,439.57 $88,350 $125,426 Sergeants 2.01 $28.39 $31.79 2088 $10,048.99 $143,688 LieutenanUCaptain 0.98 $34.65 $38.80 2088 $4,880 09 $84 Clerical 0,52 $11.23 $12.57 2088 $2,599.31 ,089 $16,273 Traffic Enforcement 0.00 $19.39 $21.71 2088 $0.00 $0 ,Transportation De u_ty U52 $19.39 1 $21 71 1 2088 $2,599.31 1 $26,208 Total Staff Costs $1,269,081 Variable Frin a Costs 9 Fixed Fringe Costs (per employee) 11,97% $4,991 Manpower Allocation Factor FTE Staffing Requirements jr / 7 day post 5.2 FTE Employees 0.67 Detectives 1 Beat 17 day post 1.75 FTE Employees 1 1.00 Sergeant for 9 Deputies / 5 day post 1.24 FTE Employees 1.00 Lieutenant for 18 Deputies 0.14 Clerical for 1 Beat 0.14 Transport Deputv 1 Beat Special Pay IFTFs Per FTE Cost Overtime/Shift Differential 24.13 $1,918.00 Total Personnel Services Supplies, Services and Rent Su lies PP Based on average soppy use derived by divrdng costs for supplies M rwniber of employees in the Districts. The avenge is then m iliplied by the rnanber of FTE's. Cost for Supplies $11,358 Total Employees 16 Average per Employee $710 Total FTE's 24.13 Total Supply Costs $17,126 Vehicle and Equipment Based on full ntleage rate, depreciation of vehicle, and depredation of eo}epment muMiplied by number of estimated mies. Vehicle Cost with Warranty 29,960 Vehicle life 100,000 miles. Equipment Costs 6324 Equipment life 200,000 miles. Per Mile Estimated nualized Rate Annual Miles Costs Mileage Rate $0.192 190,000 $36,480 Vehicle Depreciation $0.296 190,000 $56,240 Equipment Depreciation $0.032 19o= $6,080 Purchase of Vehicle $36.000 Total Vehicle and Equipment Costs $134,800 lunications Based on the per Deputy cost for radio sernce derived by dividing the users into the Cormxmications budget. Jsers of the System !Budget Per De u Cost Swom FTE's 2,350 $4,219,011 $1,795 1 2' Communications Costs $42 Total Supplies, Services, and Rent PS Universal Deputies beginning July 1, 1999. (In addition to Total Contract Costs Revised April 15 21302 3.00 E1,509,657 Fountain Hills Maricopa County Sheriffs Office Law Enforcement Contract Proposal Worksheet FY 2002/2003 Total Number of Patrol Beats to be Provided Personnel Services Classifications Number of Personnel Average Hourly Rate Average w/ vairTotal Fringe Costs us Fixed Fringe Costs Annuali Costs Patrol Deputies COPS Universal Deputy 13,83 2.00 $19,39 $16.76 $21.71 $18.77 2088 $69,035 51 S696,075 Detectives 221 $19.39 $21.71 2088 2088 $9,982,00 $11,029.75 $88,350 $111,211 Sergeants 1 81 $28,39 S31.79 2088 $9,035 80 $129,200 Lieutenant/Captain 0.88 $34.65 $38.80 2088 $4,389.86 $75,642 Clerical 0.46 $11.23 S12 57 2088 $2,304.72 $14,429 Traffic Enforcement 0.00 $19 39 $21.71 2088 $0 00 $0 Transportation Depu 0 46 $19.39 $21.71 2088 $2,304 72 $23.238 Total Staff Costs 51,138,145 Variable Frin e Costs 9 Fixed Fringe Costs (per employee) 11.97% $4,991 Manpower Allocation Factor FTE Staffing Reaulrements tr / 7 day post 52 FTE Employees 0.67 Detectives 1 Beat 17 day post 1.75 FTE Employees 1 00 Sergeant for 9 Deputies / 5 day post 124 FTE Employees 1.00 Lieutenant for 18 Deputies 0 14 Clerical for 1 Beat 0 14 Transport Deputy 1 Beat 2.66 Special Pay IFTE's Per FTE Cost I Total Special Pay Costs Overtime/Shift Differential 21 66 $1,918001 S41.535 Total Personnel Services $1,179,681 supplies, Services and Rent Supplies Based on a—W supply use derived by dividing costs for supplies by number of employees in the Districts. The average is then muttiphed by the number of FTE's. Cost for Supplies $11,358 Total Employees 16 Average per Employee $710 Total FTE's 21.66 Total Supply Costs $15,373 Vehicle and Equipment Based on fun mileage rate, depreciation of vehicle, and depreciation of equipment mWApkad by number of estimated miles. Vehicle Cost with Warranty 29,960 Vehicle life 100,000 miles. Equipment Costs 6324 Equipment life 200.000 miles. Per Mlle Estimated Annualized Rate Annual Miles Costs Mileage Rate $0.192 190,000 $36A Vehicle Depreciation $0.296 190,000 $56,240 Equipment Depreciation $0.032 190,000 $6.080 Purchase of Vehicle $36,000 Total Vehicle and Equipment Costs $134,800 lunicatlons Based on the Per Deputy cost for ratio service derived by dividing the users into the Comma i-bons budget. Jsers of the System Bud et Per De u Cost Sworn FTE's 2.350 $4,219,011 $1.795 2119 Communications Costs $38 Total Supplies, Services, and Rent PS Universal Deputies beginning July 1, 1999. (In addition to contracted 3 beats) Total Contract Costs Revised January 21 2003 $188,222 $1,367,903 Town of Fountain Hills Town Council Agenda Action Form Regular Meeting Submitting Department: Parks and Recreation Meeting Date: February 20, 2003 Contact Person Mark Mayer Consent:® Regtlr:❑ RegnestingAction® e of Document Needing Anaroval (Check all that aural ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: MMPC Appointment C66"II i&ity (Check Antir 1 ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Preservation Commission. Report diiii ❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ® Parks & Recreation Consideration of a citizen to fill the vacancy on the McDowell Mountain Approve No PunSlThe term for Commissioner John Rosenquist expired on December 31, 2002. The McDowell Mountain Preservation Commission appoints Commissioners for an indefinate period of time until Commissioners choose to resign from the Commission. Therefore, since Mr. Rosenquist resigned from the MMPC Commission, there is one vacancy to be filled. The Town received one request for appointment, which is Wayne Tall. None Department Head Town Ma ager / Designee Budget Review (if item not budgeted or exceeds budget amount) Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Town Manager Consent:® Regular:❑ Meeting Date: 02/20/03 Contact Person: Susan Stein Requesting Action:® Tvne of Document Needing ADDroval (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: appointment Council Prioritv (Check ADDrODrlate 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 Rejzular Agenda Wording: Council appointment of a citizen to serve on the Municipal Property Corporation. Staff Recommendation: Approve Fiscal Impact: No $00 Purpose of Item and Backl1round Information: At the November 7, 2002, Council meeting, staff was directed to make a recommendation for appointment of a replacement to serve on the three -member Municipal Property Corporation in February 2003. Staff has recommended Mr. Peter DeRose as a replacement, as he would offer the Town an impressive background in working with a regulatory agency, securities, and major financial institutions for more than thirty years. Mr. DeRose is a permanent Town resident (retired) who is eager to become involved in the MPC. List All Attachments as Follows: Resume, List of MPC members Tvpe(s) of Presentation: none Signatures of Submitting Staff: Department Head f2; a -a3 Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS BACKGROUND AND PERSONAL DATA OUTLINE FOR APPOINTMENT TD WC ��..�.rJ ► C � PRE {�.Q6PE��/r� C:Q_ RPo�P.4TTO�c�3 .... NAME:T�p- �' C , 1 C)5 e' U PHONE: ADDRESS: �J 7a 3 �� cfvS �F f o *,,'T� �,� tt� ��s �2- ARE YOU REGISTERED TO VOTE IN TOWN ELECTIONS? X YES NO PLEASE SUMMARIZE YOUR EDUCATIONAL BACKGROUND: (Including colleges attended and degrees obtained, if any) e cc (A �QC✓//tMl L�fL, r _ S'TA c., a7`u/' [� f i r i4n�nG �A- r.. �J�✓C�f CC✓l�tl�-S P4 �P �S !� PRESENTLY EMPLOYED BY: JOB TITLE: PHONE: BUSINESS ADDRESS: PHONE: CURRENT ORGANIZATIONAL MEMBERSHIPS & OFFICES HELD: E2 "e' /��lJD f li/ rtirr nJ.u/ir./ r %/Y�1l�N� ��.,7h iic.l SuC ief� PAST ORGANIZATIONAL MEMBERSHIPS & OFFICES HELD: ✓Lfe.�.6y!` �cc��/ 1`�tC ir vfl �y 7�SaCr7`�a,�l /�'��url,�.•9�vr/ �p/JT i ��lQ ber kzW�Alfli Sock �xeliff C�//uC�C�[r V�7/1/�rya Tac��yti ll �' ttior il)gS rfF DATE: SIGNATURE:._ TOWN OF FOUNTAIN HILLS Please explain and describe wFO you are interested in serving on the Fountain Hills Mo� 1 �I Qn(�,pe!`�+Yr pord7-ta,*-Also please state what your goals and objectives in serving on the Commission would be. Finally, please indicate your feelings about the growth and development that you now see taking place in our community. Attach additional sheet, if necessary. tit hAv n� l J +� ec, rS r� til Pc. c r AA I ti cZ JT.,T La N S Gl�se(� WA4-Pirl-OF G�cnar�T��uS c ke Cold / tXAcv �a r��.lJ trti��3' Jq 014 ' ��an ?� J T� / 4,4 //L-tt pesT /,,, 11 w91,k1,,vC' 6,,-v t Ps SoC�krteS / o , Cc r l lc S A-ctS / ,, iAA,C kJC)rttj ./mU ,Iv-y 'rP�Prs tits�� 1 &j old 490 �l?At--2/C/S% �%n� �!'i .✓r LcJ lio G�/4u WD.,'kc d SO Z1*0 / , /-?i4S7- fo IY, e u s ¢ —onf /�h/ (-o�.r r�uN,vy. belle-L //u l,�R/�Q��4nn.crJ gl'n4y w�nr �N 2c/2 �DUJ RJ-� e/J/,vim ®�,� oS% _ f014,/, of/.vc11'tS 540v ld Ac //() c ooi; , J L b vC/n.cc es (, 1 c ckcL) -4•,17 -/,i4xCs o A+ ,y C �eSSC roe N�/NC!-eo S e�, i Yl t �, k 0 r (� et,J TOW&) CA.)0A d9(-L 1 6oT / � w� (0( /c7P/v1iP �o /J�l/ �'O/l�i/c z,;, `t,�D -Flee I)e. (^ �LI�l3��rQ9p� `n-ee USA e a tbArlti°, Town of FOUNTAIN HILLS MEMBERS OF THE FOUNTAIN HILLS MUNICIPAL PROPERTY CORPORATION President Walter Dunne 16545 E. Gunsight #110-B Fountain Hills AZ 85268 837-8400 Senior Center 816-5888 1%m. Secretary/Treasurer Chester A. Yon 13253 N. LaMontana, Suite 104 Fountain Hills AZ 85268 837-1421 Vice President Elect Pete DeRose 15723 E. Cactus Drive Fountain Hills AZ 85268 816-1255 2/4/03 16836 East Palisades Boulevard, Building A - P.O. Box 17958 - Fountain Hills, Arizona 85269 - (480) 837-2003 - FAX: (480) 837-3145 Town of Fountain Hills Town Council Agenda Action Form Meeting Type Regular Meeting Submitting Department:. Com. Dev Consent:® Regular:,❑ Meeting Date: 2/20/03 Contact Person:: Dana Burkhardt, Senior Planner Requesting Action:® TV, De 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 Prior—tv'fCheck AnvrovrtatexAreas) ❑ 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 Rekfih Agenda wording Consideration of a replat of Final Plat 202, Block 2, Lots 9, 11, 12, and Tract "B", located at the northwest corner of Saguaro Blvd. and Amhurst Drive; Case #S2002-56. Approve No Purpose of Item and Backgi�und. information: This request is for final plat approval of "Final Plat 202, a re - subdivision of Block 2, Lots, 9, 11, 12, and Tract `B". The applicant proposes to remove lots 9, 11, and 12 and replat those areas as Parcel "A", which is designated for common parking. List All Attachments as Follows: Staff Report; Application; Final Plat Reduction Type(s) of Presentation N/A Signatures of Submitting Staffs partment Head � ' 3 •03 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 Town Council DT: February 11, 2003 FR: Dana Burkhardt, Senior Planner RE: Case #S2002-56; Replat of Final Plat 202 LOCATION: 11050 N. Saguaro Blvd., aka Final Plat 202, Block 2, lots 9,11, 12, and Tract `B" REQUEST: Consider approval of the "Final Plat 202, a re -subdivision of Block 2, Lots, 9, 11, 12, and Tract `B". DESCRIPTION: OWNER: Plat 202 Property Owners Association APPLICANT: Michael S. Downes EXISTING ZONING: "C-C" Common Commercial Zoning District EXISTING CONDITION: Developed Common Parking Area LOT SIZE: 1.7654 acres SURROUNDING LAND USES AND ZONING: ® NORTH: Emerald Wash & Single Family residences; zoned "R1-8" SOUTH: Amhurst Drive & Plat 202, Block 1; zoned "C-C" EAST: Saguaro Blvd; zoned "C-C" WEST: Single Family residence; zoned "R1-8" SUMMARY: This request is for final plat approval of "Final Plat 202, a re -subdivision of Block 2, Lots, 9, 11, 12, and Tract `B". The applicant proposes to remove lots 9, 11, and 12 and replat those areas as Parcel "A", which is designated for common parking. On November 16, 1995, the Town Council approved Ordinance #95-51, which rezoned Plat 202 from the "C-1" Zoning District to the "C-C" Zoning District. As a condition of the rezoning, the applicant is required to remove lots 9, 11, and 12 to provide additional common parking spaces. Lots 9, 11, and 12 are developed as drive -aisles and common parking spaces as conditionally approved by the Town Council. The developer is requesting approval of this replat to remove the lot lines for Lots 9, 11, and 12 to fulfill the conditions of Zoning Ordinance #95-51. EVALUATION: This final plat conforms to the regulations set forth by the Zoning and Subdivision Ordinances. Approval of this request will fulfill the conditions placed on the rezoning of Plat 202, as it was approved on November 16, 1995. RECOMMENDATION: Staff recommends approval of the replat for "Final Plat 202, a re -subdivision of Block 2, Lots, 9, 11, 12, and Tract `B"; Case #52002-56, with the following stipulations: 1) Provide non -vehicular access easements adjacent to all portions of the public rights -of -way that are not permitted for access (see redline plan set). 2) Prior to final plat recordation, receive approval of all on -site improvement plans including paving, grading, landscaping and irrigation plans. E PBA 1/02 The Town of Fountain Hills fficial COMMUNITY DEVELOPMENT DEPARTMENT I ForCase ManageUse Only Fountain Hills, Arizona 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 REQUEST: r PROJECT NAME Mrs. Applicant:�G'u ^��/� Day Phone Ms. Address: City: >[ State: ' `� Zip: `� S Mrs. Owner: Mr. Ms. Address: City: Day Phone State: Zip: If application is being submitted by someone other than the owner of the property under consideration, the section be/ow must be completed. / /7 SIGNATURE OF OWNER ��(� DATE I HEREBY AUTHORIZE Please Print TO FILE THIS APPLICATION. Subscribed and sworn before me this day of 20 My Commission Expires Notary Public =ILING DATE: f ' y L FEE PAID: ` L ACCEPTED BY: ) r" (See Fee Schedule) Application Page 2 of 7 Case Number PBA 1 /02 The Town of Fountain Hills LEGAL DESCRIPTION l% Plat Name Block Lot PROPERTY ADDRESS f A ) 4, �--(j pU P. PARCEL SIZE (Acres) ASSESSOR PARCEL NUMBER NUMBER OF UNITS PROPOSED A/'k' TRACTS EXISTING ZONING: i el PROPOSED ZONING Application Page 3 of 7 Case Number ,.� IOM " •Na � S AJrAAAo 7 ff �z N001B N1 '.G. iaDerd (INV I� OSSL—ELZ (ZOO) H - � ro M MWM - -W h■4 OW - ApWM - #*Mqo3 P- H .vory v nuwya �au/ ` OSIO y — UOGAPPu�y z1 s « 'e sioi do Noiswaens an v� waa.+aww » W" ZOZ IVId IVNid VNOZIHt/ S111H NIVAfnI0A �.- .. m 9-1 lea g� - �' � Y i �yll ills Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 2/20/03 Submitting Department: Community Development Contact Person: Denise Ruhling, Planner Consent:❑ Regular:® Requesting Action:® Report Only:❑ Tvve of Document Needing ADDroval (Check all that anal ❑ Public Hearing ❑ Resolution ❑ Ordinance ❑ Agreement ❑ Emergency Clause ❑ Special Event Permit ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Acceptance ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Plat ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: Development Agreement Council Prioritv (Check ADDroDriate Areas): ❑ Education ❑ Public Fitness ❑ Library Services ❑ Public Safety ❑ Community Activities ❑ Economic Development ❑ Public Works ❑ Human Service Needs ❑ Parks & Recreation ❑ Town Elections ® Community Development Regular Agenda Wording: Consideration of a Development Agreement between the Town of Fountain Hills and Fountain Vista Properties L.L.0 . regarding development considerations for a portion of Final Plat "Fountain Hills Resort" Lot 1. Staff Recommendation: Disapprove Fiscal Impact: No $— Purpose of Item and Background Information: This request is by Fountain Vista Properties, LLC for property located north of Shea Boulevard, East of Palisades Boulevard, and south of Westridge Village (a portion of final plat "Fountain Hills Resort" Lot 1). See attached memo for complete information. List All Attachments as Follows: Development Agreement, Staff Memo. Type(s) of Presentation: Signatures of Submitting Staff: Dep tment Head Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) JORDEN BISCHOFF MCGUIRE & ROSE P.L.C. LAW OFFICES MEMORANDUM TO: Mayor and Town Council Town Manager FROM: Andrew J. McGuire Town Attorney DATE: February 14, 2003 7272 E. INDIAN SCHOOL ROAD, SUITE 205 SCOTTSDALE, ARIZONA 85251 TELEPHONE: 480-505-3900 FACSIMILE: 480-505 -3901 ANDREW J. McGuiRE DIRECT LINE: 480-505-3905 e-mail: amcguire@jordenbischoff.com SUBJECT: Fountain Vista Development Agreement (the "Agreement") After completing an initial review of the Agreement, it is my opinion that all of the items relating to the Fountain Vista development should be continued until a future Council meeting. I believe it is possible, with some time to work through the Agreement with the developer, that many of staff's concerns may be alleviated. However, in its current form, I must concur with staff's recommendation for denial. Because the Agreement is a necessary precur to the general plan amendment and the rezoning, all three items should be continued to, at a minimum, the first Council meeting in March. Please call if you have questions. M F 0 TOWN OF FOUNTAIN HILL COMMUNITY DEVELOPMENT TOWN COUNCIL MEMO TO: Mayor Beydler and Town Council v DT: February 13, 003 FR: Denise Ruhling, Planner7s . Development Agreement Between th �I own of Fountain Hills and Fountain Vist Properties LLC Fountain Vista Properties LLC has requested approval of a Development Agreement to compliment the proposed development of 9.91 acres of the site known as Final Plat "Fountain Hills Resort", Lot 1, thus allowing a multi -family development. Fountain Vista Properties (developer) has applied for a General Plan Amendment and Rezoning to allow Multi -Family residential on 9.91 acres of this site. The proposed Development Agreement addressed site design issues such as Hillside Protection Easement (HPE), maximum number of units, cut and fill issues and over height issues. Paragraph 5 — Limitation on the R-4 Multi -Family Residential District. The developer has proposed 71 "villas" as a maximum number of multi -family units. This number is well within the allowed unit per acre maximum set forth in the Town of Fountain Hills Zoning Ordinance, therefore, staff has no issue with this maximum unit number. Paragraph 6 — Waiver of Cut and Fill. Due to topography issues, there is the distinct possibility that the proposed "villas" will require cut and fill waivers to allow the developer to maintain the 30 feet height limitation for this zoning district. Staff believes that this can be kept to a minimum and therefore has not issue with this portion of the development agreement. Paragraph 7 — Land Disturbance Provisions. The proposed development addressed with this agreement would require the elimination of 8.53 acres of Hillside Protection Easement (HPE). In 1999 this property was rezoned and subdivided (from a larger portion of land). The existing HPE was a requirement of this approval. The developer proposes to pay the Town of Fountain Hills $150,000 for the elimination of the HPE. This total amount reflects a purchase price of approximately $.40 per square foot or approximately $17,548.99 per acre. The Town of Fountain Hills has allowed the purchase of HPE in three other cases; however, in those cases the approximate purchase price was $1.00 per square foot or $43,560 per acre. The proposed purchase price is significantly lower (60%) than the previously approved agreements. Staff recommends that the purchase of the HPE be denied. Paragraph 8 — L-3 Zoning District — Ten Year Lock. A portion of this paragraph states that the proposed "Resort/Hotel" will be constructed as soon as market conditions permit. In addition the agreement states that the owner agrees to start construction of the Hotel with in one year of �, the issuance of the first Certificate of Occupancy for the R-4 villas. The original rezoning (1999) to L-3 was to allow the construction of a Resort. While the developer agrees to pay fines ($50,000 a year for 10 years) if the Resort is not started, it is staff's recommendation that the Resort be built simultaneous to the construction of the multi -family project. Paragraph 9- Authorization of Special Uses. Developer proposes to use the 71 Villas as part of the Hotel's marketing pool to be used as additional rooms or time-shares. Staff takes no issue with this request. Other issues. This proposed development agreement does not include wording to allow the requirements of the agreement to transfer to any future developer/owner/partner of this site. Staff recommends that this issue be addressed within the agreement. Staff recommendation: Based upon issues stated above and within the Staff Report for the General Plan Amendment and Rezoning Application, staff recommends denial of this development agreement. DEVELOPMENT AGREEMENT This Development Agreement ("Agreement") is entered into this day of jPeeomber-, 20021 20031, by and between Fountain Vista Properties, LLC, an Arizona limited liability company, together with its successors and assigns, (hereinafter referred to as "Fountain Vista or Ownerland Town of Fountain Hills, Arizona, an Arizona municipal corporation, (hereinafter referred to as "Town") . Recitals A. Whereas, Ariz. Rev. Stat. Ann. § 9-500.05 authorizes the Town to enter into development agreements with landowners and persons having an interest in real property located in the Town; and B. Whereas, Fountain Vista is the owner of 23.03 acres of land as legally described in Exhibit A and graphically depicted in Exhibit B which has been designated as a zoning district "L-3 P.U.D." Lodging Zoning District; and the owner of an additional 36.64 acres, as legally described in Exhibit C and graphically depicted in Exhibit D being designated Open Space Recreational Zoning District ("OSR"). Both properties together are collectively referred to as the ("the Property"); and C. Whereas, the Property was the subject of a zoning case which amended the text of the Town's Zoning Ordinance pursuant to Chapter 2, Section 2.01 of the Zoning Ordinance and by amending the official Zoning Districts Map of the Town pursuant to Ordinance 99-23, passed and adopted August 16, 1999; and D. Whereas, the Town and Owner desire that the continued development of the Property should proceed in a manner that will preserve the existing character of the area and allow the Owner to provide for uses of the Property compatible with the Town's Ordinances through a minor general plan amendment and zoning change; and E. Whereas, this Agreement is consistent with portions of the Town's General Plan applicable to the Property on the date this Agreement is executed; and F. Whereas, the parties hereto acknowledge that this Agreement constitutes a "Development Agreement" within the meaning of Ariz. Rev. Stat. Ann. § 9-500.05, and that, in accordance therewith, it may be recorded as to the Property in the Office of Maricopa County Recorder so as to give notice to all persons of its existence and the parties' intent that the burdens and benefits contained therein will be binding and inure to the benefit of the parties and all their successors in interest and assigns as provided in this Agreement; and G. Whereas, the Town and Owner now desire to modify and amend the L-3 Zoning District to provide for 9.91 acres of R-4 multiple zoning within the original L-3 Zoning District; and H. Whereas, the Town's governing execution of this Agreement by Resolution No. which is attached to this Agreement. AGREEMENT body has authorized , a draft of NOW, THEREFORE, in consideration of the mutual agreements set forth herein, it is understood and agreed by the parties hereto as follows: 1. Recitals. The recitals set forth above are acknowledged by the parties to be true and correct and are incorporated herein by this reference. 2. Town Council Action Requirement. The Town and Owner acknowledge that, notwithstanding any language of this Agreement or any subsequent additional document, any act, requirement, payment or other agreed -upon action to be done or performed by the Town under the Agreement will be effective only upon formal Town Council action. 3. Site Development. The parties agree develop the Fountain Hill's Resort -Villas Site, "Conceptual Site Plan' attached hereto as Exhibit F, the final zoning stipulations and the final site plans the Town("Site Plan"). 3 that Owner may as shown on the in accordance with to be approved by 9 4. L-3 Zoning District. The parties acknowledge that the official Zoning Districts Map has been heretofore amended by Ordinance 99.23 to reflect the Zoning District designation of 23.03 acres of land as shown on Exhibits A and B as L-3 P.U.D. Lodging Zoning District ("Site"). Compatible with the Town's Zoning Ordinances, Owner now desires and therefore proposes to provide for a well -designed and attractive medium density lodging facility for this Site. This Zoning District allows for medium density resort hotel and other associated lodging uses in areas that are surrounded by medium density single family residential uses. The principal use in this Zoning District is to allow lodging facilities of up to fifteen (15) rooms per acre. The conceptual Site Plan reflects such compatibility as shown in Exhibit F and is approved. It is further authorized and approved that 9.91 acres as shown on the Site Plan on Exhibit F and as legally described in Exhibit G will have L-3 Zoning District replaced by R-4 Zoning District for 9.91 acres. The adjoining open space recreational area will remain unchanged and unmodified as identified in Exhibits C and D consisting of 36.64 acres. The area of allowed disturbance of the now approved L-3 area will be modified in order to permit and extend the R-4 area consisting of 9.91 acres to the previously approved outer boundary of the L-3 Zoning District boundary area. The remaining L-3 P.U.D. Zoning District shall consist of 13.11 acres. 5. Limitations on the R-4 Multi -Family Residential District. The principal purpose of the R-4 Multi -Family Zoning District is to provide for multi -family residential developments in locations which are suitable and appropriate taking into consideration existing conditions, including present use of land, future land use needs and availability of public utilities. The uses permitted in the R-4 Zoning District include two family dwellings, multiple -family dwellings and the uses permitted in a single-family residential district. Consistent with that purpose, seventy-one (71) villas as depicted in the Site Plan are hereby approved for the 9.91 acres of R-4 Zoning District. These units are referred to as ("Villas"). The actual number of Villas in the R-4 Zoning District shall be limited to and shall not exceed seventy-one (71) Villas. 4 6. Waiver of Cut and Fill. The Town has adopted (November 1983 and Revised July 2002) a maximum building height ordinance for R-4 Zoning Districts at thirty (30) feet. As defined in the Zoning Ordinance, the building height is measured from the natural, pre-existing grade le,,, -el or proposed grade whichever is lower, to the highest point of the structure. The Town hereby grants a waiver to this height requirement in the R-4 Zoning Districts for the 71 Villas because Owner has provided for certain aesthetic requirements and several design elements that limit the visual appearance of the structures to a thirty (30) foot maximum. The proposed structures depicted in the Site Plan are limited to three (3) stories maximum, with outdoor living spaces associated with the lower level. The outdoor living spaces must be designed into the lower levels at the end of the units of the structures. These spaces must be sunken into the land to blend with the natural topography while creating private attractive inclosed outdoor spaces for residents. The outdoor living spaces are to be sunken below the "natural -pre-existing grade level" concealing the lower level of the structure. Furthermore, the sunken outdoor living spaces and lower level of the building must be concealed by a series of terraced retaining walls limiting the visual appearance of the overall building height to thirty (30) feet height prescribed in the Ordinance. The terraces will be landscaped with native and naturalized plants, further enhancing the appearance of each of the Villas so that the end view of the building will be limited to the thirty (30) foot height requirement. The combination of outdoor living spaces concealed by landscaping and walls combined with limited offsite visibility and the cut and fill provisions set forth herein will mitigate the aesthetic impact where the str. i ctures exceed the thirty (30) foot requirement. Adding these design feu _ -.zres (sunken outdoor living spaces, terraced walls and landscaping) will give the appearance of not exceeding thirty (30) feet above the "natural" terrain, thereby meeting the intent of the ordinance. Each site for a Villa will be designed on a site specific basis to conform as closely as possible to the natural terrain giving flexibility to the buildings and optimizing the landscape character. This waiver of the Town's height requirement shall nevertheless limit the maximum height of each building to 30' above the natural grade. 1 7. Land Disturbance Provisions. The Town has established land disturbance standards to allow the reasonable use and development of land while promoting the public health, safety, convenience and general welfare of the citizens of the Town. These standards are to help maintain the character, identity and image of the Town. The primary objectives of the land disturbance standards are to minimize the possible 5 loss of life and property through the careful regulation of development; to protect the watershed, natural water ways; to insure that all new development is free from adverse drainage conditions; to protect against soil erosion; to minimize the scaring of the natural terrain and preserve the general visual character of graded sites; and to provide for protection of existing landscaping by encouraging the retention of natural topographical features, native vegetation and wildlife habitat. Consideration has been given to these objectives with respect to this Property by providing for conservation of natural environmental function of the Site, compatible with the surrounding land and preservation of the natural capacity of drainage courses and protection of natural drainage ways. Owner has heretofore provided portions of the Property legally described in Exhibits C and D as an open space recreational zoning district ("OSR" ). Accordingly, the OSR meets those aims and purposes. Further, in consideration of the rezoning of the 9.91 acres of the L-3 P.U.D. Lodging Zoning District to R-4 Multi -Family Residential Zoning District for a maximum of seventy-one (71) Villas, and the payment of $150,000 to the Town by Owner, the Town hereby waives the land disturbance standards and hereby authorizes and permits the expansion of the non -disturbance area of the original L-3, P.U.D. to embrace all of the 23.03 acres of land as legally described in Exhibits A and B in order to permit 9.91 acres of the L-3 area to be converted and used as R-4 Zoning District consistent with the Site Plan attached as Exhibit F. 8. L-3 Zoning District - Ten Year Lock. Owner hereby agrees that the 13.11 acres of L-3 P.U.D. Property shall be used solely and exclusively for hotel purposes ("Hotel") in accordance with L-3 land uses and no other purposes. This limitation shall apply for a period of ten (10) years and Owner agrees that it is precluded from rezoning or altering the use of those 13.11 acres to any other use. A Hotel shall be constructed on the L-3 Property as soon as market conditions permit and market demands support such construction. Owner agrees to start the construction of the Hotel within one (1) year of the issuance of the first Certificate of Occupancy for any of the R-4 Villas. If the Hotel property construction is not started within one (1) year of the issuance of a Certificate of Occupancy for any of the 71 Villas in the R-4 Zoning District, Owner shall pay the Town the amount of $50,000 per year until the construction of the Hotel commences on the Site. The maximum obligation of Owner under this provision shall be $50,000 per year for ten (10) years. Notwithstanding the foregoing, Owner's payment obligation under this paragraph shall cease and terminate at the time Owner commences construction of the Hotel on the Site. herstFuetion) Commencement of construction) of the Hotel property shall rrwan the submission of Hotel plans to the Town for approval of thy: Hotel construction [and issuance of grading permit]. The plans shall be prepared by a registered architect and/or licensed engineer together with a payment of all appropriate fees that may be required by the Town's Ordinances applicable ithe,-ofo -el (therefor. If the submitted plans are not approved within ninety (90) days of proper submission and more time is taken by the town. (hereinafter "Period of Delay") Owner's requirement to commence construction shall be extended by the Period of Delayl. 9. Authorization of Special Uses. The Town approves the special uses and purposes of the 71 Villas to be used as a part of the Hotel's marketing pool. The Owner, in constructing and building the 71 Villas, will use reasonable efforts to enter into an agreement with the hotel owner operator which would authorize the use of the Villas in a marketing pool of the Hotel, managed by the Hotel for which hotel services shall be provided ("Marketing Pool"). The Villas may be placed in the Marketing Pool if they are unoccupied, by the Owner of the respective Villa, for up to one (1) day or for any extended periods of time as may be agreed by the Villa owner and the Hotel operator. Any rentals of the Villas in the Marketing Pool by the Hotel Property will be subject to the Town's hotel bed and board taxes as they may be applicable to other hotels and motels in the Town. Appropriate and proper accounting shall be provided by the Hotel Property identifying the Villas in the Marketing Pool and the number of days the Villas have been rented out for Hotel purposes. Under such agreement, owners of the Villas will be authorized to use the Hotel amenities on such terms and conditions as other guests and invitees of the Hotel Property. 10. Mutual Benefits. The Town and Owner agree that in making the promises contained in this Agreement that certain benefits and advantages will accrue to both parties as a result of the performance of this Agreement, and that therefore this Agreement is being entered into in reliance upon the mutual benefits afforded each of the parties. 11. Institution of Legal Actions. Any legal actions instituted pursuant to this Agreement must be filed in the county of Maricopa, State of Arizona, or in the Federal District Court in the District of Arizona. In any legal action, the prevailing party in such action will be entitled to reimbursement by the other party for all costs and expenses of such action, including reasonable attorneys' fees as may be fixed by the Court. 12. Applicable Law. The laws of the State of Arizona will govern the interpretation and enforcement of this Agreement. 13. Acceptance of Legal Process. If any legal action is commenced by Owner against the City, service of process on the Town will be made by personal service upon the Town Clerk of the Town, or in such other manner as may be provided by law. If any legal action is commenced by the Town against Owner, service of process will be made by personal service or in such other manner as may be provided by law, whether made within or without the State of Arizona. 14. Rights and Remedies Are Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by any party of one or more of such rights or remedies will not preclude the exercise by it, at the same time or different times, of any other rights or remedies for the same default or any other default by such defaulting party. 15. Notices, Demands and Communications Between Parties. All notices, demands or other writings in this Agreement provided to be given, made or sent by any party hereto to other parties will be deemed to have been fully given, made or sent when made in writing and personally delivered or deposited in the United States mail postpaid registered or certified and addressed as follows: To The Town: Director of Community Development 16836 East Palisades Blvd. P.O. Box 17958 Fountain Hills, Arizona 85269 Telephone: (480) 837-1404 Facsimile: -and- Clerk of the Town of Fountain Hills 16836 East Palisades Boulevard P.O. Box 17958 Fountain Hills, Arizona 85269 M. Telephone: (480) 837-1404 Facsimile: To Owner: Vladimir Hulpach Fountain Vista Properties, LLC 13014 North Saguaro Blvd., Suite 202 Fountain Hills, Arizona 85268 Telephone: (480) 816-5523 Facsimile: (480) 816-5966 The address to which any notice, demand or other writing may be given, made or sent to any party may be changed by written notice as above provided. 16. Conflict of Interests. No member, official or employee of the Town may have any direct or indirect interest in this Agreement, nor participate in any decision relating to the Agreement which is prohibited by law. All parties hereto acknowledge that this Agreement is subject to cancellation pursuant to the provisions of Ariz. Rev. Stat. Ann. § 38-511. 17. Warranty Against Payment of Consideration for Agreement. Owner warrants that it its not paid or given, and will not pay or give, any third person any money or other consideration for obtaining this Agreement, other than normal costs of conducting business and costs of professional services such as architects, consultants, engineers and attorneys. 18. No Waiver. Except as otherwise expressly provided in this Agreement, any failure or delay by any party in asserting any of its rights or remedies as to any default, will not operate as a waiver of any default, or of any such rights or remedies, or deprive any such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. 19. Severability. If any provision of this Agreement shall be found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement will not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law, provided that the fundamental purposes of this Agreement are not defeated by such severability. 20. Captions. The captions contained in this Agreement are merely a reference and are not to be used to construe or limit the text. 9 21. Entire Agreement Waivers and Amendments. This Agreement may be executed in up to three (3) duplicate originals, each of which is deemed to be an original. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the Town or Owner, and all amendments hereto must be in writing and signed by the appropriate authorities of the parties hereto. 22. No Agency Created. Nothing contained in this Agreement creates any partnership, joint venture or agency relationship between the Town and Owner. No term or provision of this Agreement is intended to be for the benefit of any person, firm, organization or corporation not a party hereto, and no other person, firm, organization or corporation may have any right or cause of action hereunder. 23. Additional Documents. Town and Owner each agree to execute and deliver all documents and take all actions reasonably necessary to implement and enforce this Agreement. 24. Default. In the event of default under any provision of this Agreement, the non -defaulting party shall have all remedies available to it at law or in equity. 25. Governing Statutes. References are made in this Agreement to specific sections of the Arizona Revised Statutes. Any such references mean the statute in effect on the date of the execution of this Agreement and any subsequent renumbering or reordering of those provisions. 26. Equal Employment Opportunity. In connection with its performance hereunder, Owner shall not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, gender, national origin, age or disability nor otherwise commit an unfair employment practice. Owner will also take affirmative action to ensure that applicants are employed, and employees dealt with during employment without regard to their race, color, religion, gender or national origin, age or disability. In Witness Whereof, the parties have executed this Agreement through their representatives duly authorized to execute this document 10 and bind their r---Tective entities to the terms and obligations herein contained on the ..ty and year first written above. Attest: Town Clerk Town of Fountain Hills, a municipal corporation Its: Town Manager Fountain Vista Properties, LLC, an Arizona limited liability company By: Vladimir Hulpach Its: Managing Member F:\WP50\HULPACH\Fountain Vista\Development Agreement R.wpd December 494 1=, 2002 11 EXHIBIT INDEX Exhibit "A" - 23.02 acres of land legally described Exhibit "B" - 23.02 acres of land graphically depicted Exhibit "C" - 36.64 acres of land legally described Exhibit "D" - 36.64 acres of land graphically depicted Exhibit "E" - portion of Lot 1-23.03 acres being 9.91 acres of the L-3 Property be replaced by R-4 Property Exhibit "F" - Conceptual Site Plan Exhibit "G" - Conceptual Site Plan legally described 12 FOUNTAIN HILLS RESORT LEGAL DESCRIPTION I_OT 1 A portion of Section 20, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian Maricopa County, Arizona; More particularly described; Commencing at a Government Land Office Momimeni found being the South Quarter Corner of said Section 20; Thence along the South line of the West Quarter of said Section South 89 degrees 58 minutes 31 seconds East a distance of 2640.40 feet to a Government Land Office monument being the Southeast Corner of said Section; Thence North 32 degrees 25 minutes 21 seconds West a distance of 449.74. feet to a rebar and cap set and the true Point of Beginning; t Thence South 71 degrees 19 minutes 44 seconds West a distance of 966.00 fee to a rebar set; Thence North 29 degrees 50 minutes 32 seconds West a distance of 440.62 feet to a rebar found at the east Right of Way of Palisades Boulevard as shown in Book447 Page 3, Maricopa County Records; Thence, along said Right of Way, North 28 degrees 45 minutes 49 seconds East a distance of 168.50 feet to a rehar found at the beginning of a curve, concave westerly having a radius of 5228.45 feet; Thence, along said curve, an arc length of 1093.70 feet to a rebar, found,• Thence, departing said Right of Way, South 39 degrees 25 minutes 44 seconds East a distance of 1040. 00 feet to a rebar and cap set; Thence South 04 degrees 00 minutes 42 seconds West a distance of 425. 00 feet to the Point of Beginning; Containing an area of 23.04 acres, more or less. Exhibit "A" 23.02 acres of land legally described '14sw FOUNTAIN HILLS RESORT A PORTION OF SEC. 20, 21, 28 do 29, T 3 N, R 6 E, G&SRBacM MARICOPA COUNTY, ARIZONA FOUNTAIN HILLS, ARIZONA i Scale in feet 0 400 800 1,200 BtY�- PARCEL AREA RESORT AREA 571,669.15 SQ FT (13.12 ACRES) R-4 AREA 431,781.61 SQ FT 9.91 ACRES TRACT A 1,592,059.61 SQ FT (36.55 ACRES) TRACT 6 3,397.79 SQ FT ( 0.78 ACRES Exhibit "B" Proposed Zoning Plan 23.02 acres of land graphically depicted FOUNTAIN HILLS RESORT LEGAL DESCRIPTION TRACT A A portion of Section 2a Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian Maricopa County, Arizona; More particularly described; Commencing at a Government Land Office Monument found being the South Ouarter Corner of said Section 20; Thence along the South line of the West Quarter of said Section South 89 degrees 58 minutes 31 seconds Fast a distance of 2, 640.40 feet to a Government Land Once monument being the Southeast Corner of said Section; Thence North 32 degrees 25 minutes 21 seconds West a distance of 449. 74feet to a rebar and cap set and the true Point of Beginning; Thence North 04 degrees 00 minutes 42 seconds East a distance of 425.00 feet to a rebar and cap set; Thence North 39 degrees 25 minutes 44 seconds West a distance of 1. 040. 00 to a rebar found at the east Right of Way of Palisades Boulevard and the beginning of a non -tangential curve, concave to the west with a radius of 1090.00 feet and a radial bearing of North 73 degrees 12 minutes 34 seconds West; Thence, along said curve and said Right of Way, an arc length of 175.31 feet to a rebarfound, Thence, departing said Right of Wary and along the west line of Westridge Village, as shown in book 437, Page 30, Maricopa County Records, South 39 degrees 25 minutes 44 seconds East a distance of 2,400.19 feet to a rebar found being the southeast corner of Westridge Village; Thence, departing said line and along the west line of property owned by Town Lake Enterprises, LLC., Document mumber99-0921845, South 05 degrees 04 minutes 13 seconds East to a rebar found at the North Right of Way of Shea Boulevard,• Thence, departing said property line and along said Right of Wary, South 84 degrees 55 minutes 47 seconds West a distance of 815.29 feet to a rebar found at the beginning of a curve, concave to the south with a radius of 11, 681.16 feet; Thence, along said curve, an arc length of I, 097.64 feet to a rebar found Thence, departing said Right of Way and along the north line of Tract B, North 61 degrees 02 minutes 07 seconds West a distance of 84.97 feet; Thence South 66 degrees 08 minutes 24 seconds West a distance of 41.45 feet to the east Right of Wary of Palisades Boulevard and the beginning of a non -tangential curve, concave to the west with a radius of 850.00 feet and a radial bearing of South 00 degrees 00 minutes 00 seconds West; Thence, departing tract B and along said Right of Wary and said curve an arc length of 77 06 feet to a rebar found; Thence North 27 degrees 56 minutes 31 seconds West a distance of 182.65 feet to a rebar found and the beginning of a curve, concave to the east having a radius of 645. 00feet; Thence, along said curve, an arc length of 638.36 feet to a rebarfound; Thence, departing said Right of Way, South 29 degrees 50 minutes 32 seconds East a distance of 440.62 feet to a rebar and cap set; Exhibit "C" 36.64 acres of land legally described Thence North 71 degrees 19 minutes 44 seconds East a distance of 966.00 feet to the Point of Beginning; Containing an area of 36.55 acres more or less LEGAL DESCRIPTION TRACT B A portion of Section 20, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian Mancopa County, Arizona; More particularly described, Commencing at a Government Land Office Monument found being the South Quarter Corner of said Section 20; Thence along the South line of the West Quarter of said Section South 89 degrees 58 minutes 31 seconds East a distance of 2, 640. 40 feet to a Government Land Office monument being the Southeast Corner of said Section; Thence South 68 degrees 23 minutes 31 seconds West a distance of 1, 284.34 feet to a rebar found at the north Right of Way of Shea Boulevard and the beginning of a non tangential curve, concave to the North with a radius of 30 feet and a radial bearing of North 10 degrees 27 minutes 15 seconds West and the true Point of Beginning; Thence, along said Right of Way, which transitions to the east Right of Way of Palisades Boulevard and along said curve, an arc length of 40.69 feet to a rebar found at the beginning of a reverse curve with a radius of 850 feet; Thence, along said curve an arc length of 21.05 feet; Thence, departing said Right of Way, North 66 degrees 08 minutes 24 seconds East a distance of 41.45 feet; Thence South 61 degrees 02 minutes 07 seconds Fast a distance of 84.9 7feet to the north Right of Wary of Shea Boulevard and the beginning of a non -tangential curve, concave southerly with a radius of 1,1681.16 feet and a radial bearing of South 10 degrees 06 minutes 05 seconds East; Thence, along said Right of Way and said curve, an arc length of 71.91 feet to the Point of Beginning; Containing an area of 0.78 acres more or less. 33853 0 HAROLD E: BEABO T FOUNTAIN HILLS RESORT A PORTION OF SEC. 20. 21, 28 & 29. T 3 N. R 6 E. G&SRB&M MARICOPA COUNTY. ARIZONA FOUNTAIN HILLS, ARIZONA h7h! Scde in feet 0 400 800 1.200 SCALE: 1 " = 400' t `a J � Q O,P J II: f I i T P,4CT $ ti SHEA BiYO. '� PARCEL RESORT AREA R-4 AREA TRACT A TRACT 8 AREA 571,669.15 SQ FT (13.12 ACRES) 431, 781.61 SQ FT (9.91 ACRES) 1,592,059.61 SQ FT (36.55 ACRES) 3,397.79 SQ FT ( 0.78 ACRES) Exhibit "D" Proposed Zoning Plan 36.64 acres of land graphically depicted FOUNTAIN HILLS RESORT LEGAL DESCRIPTION PROPOSED R-4 ZONE BOUNDARY (Lp % .2 A portion of Section 20, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian► ,Mancopa County, Arizona; More particularly described,' Commemangat a GLO Maw j6wjd bmtg the &m& Qsrier Cornier of sad Seddon 20; nimce along die South line of die West Offer of said Section Saw* 89 dgpm 58 manrms 31 seconds Fast a dwwxe of 2640.40 feet to a GLO monnavad be W dse Sondwast Corner of said SeCIFOH 7hence Nardi 32 degrees 25 mmuties 21 wmndr West a diam= of 449 74 feet to a Febor and cap stet and the true Pout of Beginning; 7;"° South 71 degrees 19 minutes 44 wounds West a aknonae of 687.06fee4- 7hetree Norte 16 degrees 36 m miles 24 seconds West a of 253-13 feet; 7hence North 73 degrees 33 »muds 17 seeaondr Fast a distance of 104 92 feet; Thence North 73 degrees 23 mnomes 31 seconds Fast a drslanoe of 4433 feet; 7hencir North 74 degrees 03 mitmses 03 seconds Fast a & moace of 2029 feet; Thence North 64 degrees 02 mum* s 47 seconds Fast a &steaece of M29ftea Thence North 49 degrees 38 amumes 22 seconds Fast a &%arice of 4219 feet; Thence NarWh 41 degrees 12 mmmemes 33 seconds East a ekstamr of 47-86 feet; Thence AkvYh 35 degrees 29 mbutres 04 secords East a dislanae of 37.33 feet- Ihenae North 34 degrees 46 eels 40 seroords F� a sae of 22.09 feet; Thence North 23 degrees 47 mumlrs 58 seconds Farr a distance of 7.86 feet,- 7heaee North 12 degrees 56 =bumes 10 mnnds Eat a &mkmae of I dM feet; Thence North 14 degrees 53 mirmi- 14 secon& Fast a distance of 14.70 feet; Thence Akvi* 15 degrees 4S awnties 33 seconds Fiat a akstance of 54.54 feet; Thence North IS degrees 06 adnKes 10 second; East a db*.. of 7362 feet - Thence North 15 degrees 17 admomts 09 seconds Fast a dcsta eae of 8647feet- 77ernre Nardi 14 degrees 56 miffs 35 seconds East a dice o{36 IS feet; 7ieesrce North 15 degrees 49 amumes 52 seconds Fast a dk sanm of 4& 18 feet; Thence North 15 degrees 42 =&mks 58 seconds West a drszonce of 78.80 feet; 7henw Nan* 15 degrees 27 meeules 21 mmcont* West a distance of 6S 26feet; 77m nw North 24 degrees 24 m rows 24 seconds West a &mtw ae of 30.21 feet; Thence North 29 degrees 39 meanies 30 seconds West a &ssonce of 4L 96 feet; 7hence Nordr 38 degrees 59 master 25 secondr West a distance of 48.28 feet; Thence North 46 degrees 52 numdes 00 seconds West a atoance of 27.42 feet; Thence North 54 degrees 40 muwtes 55 second; West a o6stancae of 84 82 feet; 7hence North 52 degrees 33 sarmte s 13 seconds West a drrsm nw of I3234 feet; Thence North 22 degrees 29 mnmle"s 11 seconds FAW a dttance of 2320 feet; Thence North 52 degrees 22 minutes 57 seconds Fast a distance of 194.45 feet; 7hence South 39 degrees 25 minter 44 seconds Fast a &wmece of 80346 feet; 7hez" South 04 degrees 00 mmules 42 seconds West a distamce of 425.00 feet to the Poirot of bgiws ag. f� PtA 3�8 0 Lu HAROLD E.- IM SEABOUT u- Exhibit "E" Portion of Lot 1-23.03 acres being 9.91 acres of the L-3 Property be replaced by R-4 Property i 0W p � Exhibit "F" Conceptual Site Plan R R FOUNTAIN HILLS RESORT LEGAL DESCRIPTION PROPOSED R-4 ZONE BOUNDARY A portion of Section 20, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, ,Mancopa County. Arizona; More particularly described, Commau7ng at a GLO Martmnent fond berg tfe South Qmr*r Comer of saidSecom 20; 7henee along the South line of the West Onarfer of scud Sachon South 89 degrees 58 nudes 31 seconds Easy a &Vmace of 2640.40 feet to a GLO nronnaarst being dw Sondieast Corner of send Section: Thence North 32 degrees 25 minutes 21 seconds West a &skmce of 449.74 feet to a rebar and CW act and the tree PbiRt of Beginning: Thence South 71 degrees 19 mundes 44 seconds Wes a distmnae of 667.06feet; T haece North 16 degrees 36 nrvades 24 .seconds Wes a d sumice of 253.13 feet; Thence North 73 degrees 33 moartes 17 seconds East a sae of 104 92 feet; 77wAm North 73 degrees 23 31 secondir East a dis Brae of 44.33 feet, - Thence North 74 degrees 03 eninrtes 03 seconds East a dzstm m of 20 29 feet; Thence North 64 degrees 02 sus 47 moms East a &vtarnce of M 29 feet; Thence North 49 degrees 38 mmums 22 seconds Fast a dsta»" of 4219 feet; Thence North 41 degrees 12 mimaes 33 seconds East a distance of 47.86 feet; Thence North 35 degrees 29 mnmtes 04 seconds F.mt a &siance of 37.33 feet- 7hence North 34 degrees 46 mtmres 40 seconds Eas< a dwanee of 22 09 feet; Thence North 23 degrees 47 nwnrtes 58 seconds East a disimwe of 7 96 feet - Theme North 12 degrees 56 maaues 10 seconds East a dis tam or_ of ]a 86 feet,- Thenee Non* 14 degrees 53 nanuk!s 14 seconds East a distance of 14.70 feet; 7hennce North 15 degrees 45 aurades 33 saaonds East a akstanc e of 54 54 feet,- 7hence North IS degrees 06 minK es 10 seconds East a dkomme of 7.1 62feex Thence North 13 degrees 17 mu nrtes 09 seconds F=1 a disfa nce of 8647 feet- 7henre North 14 degrees 56 mMmles 35 swords Fart a afrst mw of 36 15feet: Thence North.15 degrees 49 meshes 52 seconds Emf a ifistance of 48.18 feet; Thence North 15 degrees 42 eruades 58 seconds West a ifistmnae of 78.80 feet; Thence North 15 degrees 27 des 21 seconds West a &skomee of 65.26feet; Theme North 24 degrees 24 24 secontis Wes a &stame of 30.21 feet; Thence North 29 degrees 39 mks 30 seconds West a aksmnae of 41.96fert- 7h,ence North 38 degrees 59 momfes 25 mcandr West a afis tv" of 4828 feet: 7het" North 46 degrees 52 m naies 00 seconds West a d$•7mnoe of 27.42 feet; Thence North 54 degrees 40 ea' c, 55 mvn* West a dhstmnae of 8482 feet,- 7hence North 52 degrees 33 des 13 wounds West a a%ae of 13234 feet,- Thenee North 22 degrees 29 mmedes I seconds East a &szarrae of 23.20 feet; Thence North 52 degrees 22 minffics 57 seconds Ewa a dioa nce of 194 45 feet; Thence South 39 degrees 25 mmies 44 mounds East a &umnae of 803.46 feet; Thence South 04 degrees 00 munues 42 seconds West a &stmnne of 425. 00 feet to the Point 0f b *Using. 338 0 w HAROLD E.- BEABOUT irll/pZ. EXHIBIT G Conceptual Site Plan Legally Described When recorded, please return to: ( OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER Town of Fountain Hills I H E L E N P U R C E L L P.O. Box 17958 I 2003-0365140 03/26/03 10:40 Fountain Hills, AZ 85269 2 OF 24RDEL Attn: Community Development CAPTION HEADING: Development Agreement - Fountain Hills Resort This is part of the official document. O��'tAIN a ap O�• 4 `that is , Copies Routed To: ❑ Administration ❑ Engineering ❑ Community Development ❑ Parks and Recreation ❑ Magistrate Court ❑ Marshals Department v DEVELOPMENT AGREEMENT This Development Agreement (this "Agreement") is entered into c24 Cv . 2003, by and between FOUNTAIN VISTA PROPERTIES, LLC, an Arizona limited liability company, together with its successors and assigns ("Fountain Vista" or "Owner") and the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation (the "Town"). i-MralaI"Wq A. ARIZ. REv. STAT. § 9-500.05 authorizes the Town to enter into development agreements with landowners and persons having an interest in real property located in the Town. B. Fountain Vista is the owner of (i) 23.03 acres of land as legally described in Exhibit A and graphically depicted in Exhibit B, each attached hereto and incorporated herein by reference, which has been designated as zoning district "L-3 P.U.D.", Lodging Zoning District (the "Existing L-3 Area") and (ii) an additional 36.64 acres, as legally described in Exhibit C, and graphically depicted in Exhibit D, each attached hereto and incorporated herein by reference, being designated "OSR", Open Space Recreational Zoning District (the "OSR Area"). The Existing L-3 Area and the OSR Area are collectively referred to herein as the ("the Property"). C. The Property was the subject of a zoning case that amended the text of the Town's Zoning Ordinance pursuant to Chapter 2, Section 2.01 of the Zoning Ordinance and amended the official Zoning Districts Map of the Town pursuant to Ordinance 99-23, passed and adopted August 16, 1999. D. The Town and Owner desire that the development of the Property should proceed in a manner that will preserve the existing character of the area and allow the Owner to provide for uses of the Property compatible with the Town's Ordinances. E. Upon completion of the independent legislative acts of the Town Council contemplated herein (rezoning and general plan amendment), this Agreement shall be consistent with the Town's General Plan. F. The parties hereto acknowledge that this Agreement constitutes a "Development Agreement" within the meaning of ARIZ. REv. STAT. § 9-500.05, and that, in accordance therewith, it may be recorded as to the Property in the Office of Maricopa County Recorder so as to give notice to all persons of its existence and the parties' intent that the burdens and benefits contained therein will be binding and inure to the benefit of the parties and all their successors in interest and assigns as provided in this Agreement. G. The Town and Owner now desire to rezone 9.91 acres of the Existing L-3 Area to "R-4", Multi -Family Residential Zoning District (the "Proposed R-4 Area"), as legally described in Exhibit E and graphically depicted in Exhibit F, each attached hereto and incorporated herein by reference. The remaining 13.11 acres of such Existing L-3 Area shall remain as L-3 P.U.D. (the "Proposed L-3 Area"). 9196.010\Fountain Vista Dev Agt.v8.doc 2-27-03-1 H. The Town Council of the Town of Fountain Hills has authorized execution of this Agreement by Resolution No. 2003-08, a true and correct copy of which is attached hereto as - Exhibit G and incorporated herein by reference. AGREEMENT NOW, THEREFORE, in consideration of the mutual agreements set forth herein, it is understood and agreed by the parties hereto as follows: 1. Recitals. The recitals set forth above are acknowledged by the parties to be true and correct and are incorporated herein by this reference. 2. Town Council Action Requirement The Town and Owner acknowledge that, notwithstanding any language of this Agreement or any subsequent additional document, any act, requirement, payment or other agreed -upon action to be done or performed by the Town under the Agreement will be effective only upon formal Town Council action. 3. Site Development. The parties agree that Owner may develop the Property as shown on the "Conceptual Site Plan" attached hereto as Exhibit H and incorporated herein by reference (the "Site Plan"), in accordance with the final zoning stipulations and the final site plans to be approved by the Town. 4. L-3 Zoning District. The parties acknowledge that the official Zoning Districts Map for the Existing L-3 Area has been heretofore amended by Ordinance 99.23 to reflect the Zoning District designation "L-3 P.U.D.", Lodging Zoning District. Compatible with the Town's Zoning Ordinance, Owner now desires and therefore proposes to provide for a well - designed and attractive medium density lodging facility for the Proposed L-3 Area. This Zoning District allows for medium density resort hotel and other associated lodging uses in areas that are surrounded by medium density single family residential uses. The principal use in this Zoning District is to allow lodging facilities of up to fifteen (15) rooms per acre. The Site Plan reflects such compatibility as shown in Exhibit H and is hereby approved, including the change in use of the Proposed R-4 Area shown as multi -family residential use; provided, however, that Such Site Plan approval is contingent upon (i) the Town Council's approval of the General Plan amendment for the Property, (ii) the Town Council's approval of the rezoning for the Property and (iii) further review and approval of the Site Plan as set forth in the Town's Zoning Ordinance. The adjoining OSR Area will remain unchanged and unmodified. The area of allowed disturbance of the Existing L-3 Area will be modified in order to permit and extend the Proposed R-4 area to the previously approved outer boundary of the Existing L-3 Area. The remaining Proposed L-3 Area shall consist of 13.11 acres. 5. Limitations on the R-4 Multi -Family Residential District The principal purpose of the R-4 Multi -Family Zoning District is to provide for multi -family residential developments in locations which are suitable and appropriate taking into consideration existing conditions, including present use of land, future land use needs and availability of public utilities. The uses permitted in the R-4 Zoning District include two family dwellings, multiple -family dwellings and the uses permitted in a single-family residential district. Consistent with that purpose, not to 1 9196.010Tountain Vista Dev Ab .v8.doc 2-27-03-1 2 exceed seventy-one (71) villas as depicted on the Site Plan are hereby approved for the Proposed R-4 Area (the "Villas"). 6. Waiver of Cut and Fill. The Town has adopted (November 1983 and Revised July 2002) a maximum building height for R-4 Zoning Districts at thirty (30) feet. As defined in the Zoning Ordinance, the building height is measured from the natural, pre-existing grade level or proposed grade whichever is lower, to the highest point of the structure. The Town hereby grants a waiver to this height requirement as applied to the Proposed R-4 Area for the 71 Villas. Owner shall provide for certain aesthetic requirements and design elements that limit the visual appearance of the structures to a thirty (30) foot maximum. The proposed structures depicted in the Site Plan are limited to three (3) stories maximum, with outdoor living spaces associated with the lower level. The outdoor living spaces must be designed into the lower levels at the end of the units of the structures. These spaces must be sunken into the land to blend with the natural topography while creating private attractive enclosed outdoor spaces for residents. The outdoor living spaces are to be sunken below the "natural -pre-existing grade level" concealing the lower level of the structure. Furthermore, the sunken outdoor living spaces and lower level of the building must be concealed by a series of terraced retaining walls limiting the visual appearance of the overall building height to thirty (30) feet height prescribed in the Town's Zoning Ordinance. The terraces will be landscaped with native and naturalized plants, further enhancing the appearance of each of the Villas so that the end view of the building will be limited to the thirty (30) foot height requirement. The combination of outdoor living spaces concealed by landscaping and walls combined with limited offsite visibility and the cut and fill provisions set forth herein will mitigate the aesthetic impact where the structures exceed the thirty (30) foot requirement. Adding these design features (sunken outdoor living spaces, terraced walls and landscaping) will give the appearance of not exceeding thirty (30) feet above the "natural" terrain. Each site for a Villa will be designed on a site specific basis to conform as closely as possible to the natural terrain giving flexibility to the buildings and optimizing the landscape character. This waiver of the Town's height requirement shall nevertheless limit the maximum height of each building to 30 feet above the natural grade, not to exceed 40 feet above the finished grade. 7. Land Disturbance Provisions. The Town has established land disturbance standards to allow the reasonable use and development of land while promoting the health, safety, convenience and general welfare of the citizens of the Town. These standards are to help maintain the character, identity and image of the Town. The primary objectives of the land disturbance standards are to minimize the possible loss of life and property through the careful regulation of development; to protect the watershed, natural water ways; to ensure that all new development is free from adverse drainage conditions; to protect against soil erosion; to minimize the scaring of the natural terrain and preserve the general visual character of graded sites; and to- provide for protection of existing landscaping by encouraging the retention of natural topographical features, native vegetation and wildlife habitat. Consideration has been given to these objectives with respect to this Property by providing for conservation of natural environmental function of the site compatible with the surrounding land and preservation of the natural capacity of drainage courses and protection of natural drainage ways. Owner has heretofore provided the OSR Area to meet those aims and purposes. In order to avoid impacting the OSR Area, it is necessary to increase the disturbance area allowed on the Existing L-3 Area to allow for a maximum of seventy-one (71) Villas. Therefore, the Town hereby waives the land 9196.010\Fountain Vista Dev Agt.vS.doc 2-27-03-1 3 disturbance standards applicable to the Existing L-3 Area only and hereby authorizes and permits the expansion of the disturbance area by 8.53 acres to embrace all of the 23.03 acres of land within the Existing L-3 Area in order to permit 9.91 acres thereof to be rezoned and used as the Proposed R-4 Area, consistent with the Site Plan. 8. Payment to the Town; No -Build Easement; Reduced Setback As consideration for (i) the reduction in the possible size of the hotel use on the Existing L-3 Area and (ii) the grant of additional land disturbance on the Property, the Owner shall (a) pay the Town $371,567 ($1.00/ ft2 x 8.53 acres of additional allowed disturbance) as follows: (1) $100,000 upon issuance of a grading permit for the Property and (2) $271,567 upon the issuance of the first building permit for construction within the Proposed R-4 Area and (b) execute an easement (the "No - Build Easement) in favor of the Town over + 1.38 acres of the Proposed R-4 Area, as described in Exhibit I and depicted in Exhibit J, each attached hereto and incorporated herein by reference, limiting construction within such No -Build Easement to roadways, parking areas and landscaping. The Town and the Owner understand that, in order to accommodate the No -Build Easement, Owner will need a reduction in a portion of the required setback in the Proposed R-4 Area. Town hereby approves a reduction in the required setback from thirty (30) feet to five (5) feet for only that area designated as "Reduced Setback Area" on the Site Plan. It is the Town's understanding, based upon the Owner's assertions, that a separate agreement is to be entered into with neighboring property owners prior to the execution of this Agreement, ensuring that the Owner will not seek to utilize the OSR Area for a period of years following the execution of this Agreement. 9. Agreement Adoption and Effectiveness The Town agrees to approve or disapprove the General Plan amendment and the rezoning of the Proposed R-4 Area at the same Town Council hearing as approval of this Agreement. This Agreement shall be null and void if (i) the General Plan amendment and/or rezoning are not approved at the same Town Council hearing as approval of this Agreement, (ii) any party files, within thirty (30) days of the date of approval hereof, a verified petition with the Town challenging the General Plan amendment, (iii) any party files, within thirty (30) days of the date of approval hereof, a verified petition with the Town challenging the rezoning for the Proposed R-4 Area or (iv) any party files, within thirty (30) days of the date of approval hereof, a verified petition with the Town challenging the validity of this Agreement. The Town and the Owner agree that nothing in this Agreement shall affect the Town's ability to approve or deny the proposed General Plan amendment and rezoning of the Proposed R-4 Area and/or impose conditions on development of the Property. 10. L-3 Zoning District - Ten Year Lock Owner hereby agrees that the 13.11 acres of the Proposed L-3 Area shall be used solely and exclusively for construction of a first class, full -service resort hotel (the "Hotel") as such term is defined in the Town's Zoning Ordinance and in accordance with L-3 land uses and no other purposes. This limitation shall apply for a period of ten (10) years from the date of this Agreement and Owner agrees that it is precluded from requesting a rezoning or alteration of the use of the Proposed L-3 Area to any other use. If Owner requests a rezoning or alteration of the uses permitted on the Proposed L-3 Area, this Agreement shall immediately become null and void except that the Town shall retain the $371,567 payment set forth in paragraph 8 above. The Hotel shall be constructed on the Proposed L-3 Area as soon as market conditions permit and market demands support such construction. Owner agrees to commence the construction of the Hotel within one (1) year of the 9196.010\Fountain Vista Dev Agt.v8.doc 2-27-03-1 El issuance of the first Certificate of Occupancy for any of the Villas located on the Proposed R-4 Area. If the Hotel construction is not started within one (1) year of the issuance of a Certificate of Occupancy for any of the 71 Villas in the Proposed R-4 Area, Owner shall pay the Town the amount of $50,000 per year, due and payable on the anniversary date of this Agreement, until the construction of the Hotel commences on the Property. The maximum obligation of Owner under this provision shall be $50,000 per year for ten (10) years. Notwithstanding the foregoing, Owner's payment obligation under this paragraph shall .cease and terminate at the time Owner commences construction of the Hotel on the Property. For the purposes of this Agreement, "commencement of construction" of the Hotel shall mean (i) the submission of Hotel building plans to the Town for approval of the Hotel construction, (ii) approval of such building plans by the Town, (iii) issuance of a grading permit for the Proposed L-3 Area, (iv) completion of the grading necessary on the Proposed L-3 Area, (v) issuance of a building permit for the Hotel and (vi) commencement of construction of a substantial portion of the Hotel structure. The plans shall be prepared by a registered architect and/or licensed engineer together with a payment of all appropriate fees that may be required by the Town's Ordinances applicable thereto. If the submitted plans are not approved within ninety (90) days of proper submission, including Owner's resubmittal and correction of all issues raised by the Town's redlined comments to same, and more time is taken by the Town with respect to such review (a "Period of Delay"), Owner's requirement to commence construction shall be extended by the Period of Delay; provided, however, that an extension of time to commence construction of the Hotel shall be Owner's sole remedy for the Town's failure to approve plans within ninety (90) days. After construction on the Hotel has commenced, Owner shall ensure that the Hotel is "actively "developed" as defined in Section 7-1-2 of the Town Code. If, at any time after commencement of construction, the Town determines that the Hotel is not being "actively developed", Owner shall be obligated to pay the Town the $50,000 per year penalty set forth in this Section 10; an extension of the Hotel building permit shall not relieve the Owner of this payment obligation. 11. Authorization of Special Uses The Town hereby approves the special uses and purposes of the 71 Villas to be used as a part of the Hotel's marketing pool. The Owner, in constructing and building the 71 Villas, shall use reasonable efforts to enter into an agreement with the Hotel operator which would authorize the use of the Villas in a marketing pool of the Hotel, managed by the Hotel for which hotel services shall be provided (the "Marketing Pool"). The Villas may be placed in the Marketing Pool if they are unoccupied by the Owner of the respective Villa for up to one (1) day or for any extended periods of time as may be agreed by the Villa owner and the Hotel operator. Any rentals of the Villas in the Marketing Pool by the Hotel will be subject to the Town's hotel bed and board taxes as they may be applicable to other hotels and motels in the Town. Appropriate and proper accounting shall be provided by the Hotel identifying the Villas in the Marketing Pool and the number of days the Villas have been rented out for Hotel purposes. Under such agreement, owners of the Villas will be authorized to use the Hotel amenities on such terms and conditions as other guests and invitees of the Hotel. 12. Mutual Benefits. The Town and Owner agree that in making the promises contained in this Agreement that certain benefits and advantages will accrue to both parties as a result of the performance of this Agreement, and that therefore this Agreement is being entered into in reliance upon the mutual benefits afforded each of the parties. 9196.01 OTountain Vista Dev Agt.v8.doc 2-27-03-1 R 13. Institution of Legal Actions. Any legal actions instituted pursuant to this Agreement must be filed in the county of Maricopa, State of Arizona, or in the Federal District Court in the District of Arizona. In any legal action, the prevailing party in such action will be entitled to reimbursement by the other party for all costs and expenses of such action, including reasonable attorneys' fees as may be fixed by the Court. 14. Applicable Law. The laws of the State of Arizona will govern the interpretation and enforcement of this Agreement. 15. Acceptance of Legal Process. If any legal action is commenced by Owner against the Town, service of process on the Town will be made by personal service upon the Town Clerk of the Town, or in such other manner as may be provided by law. If any legal action is commenced by the Town against Owner, service of process will be made by personal service or in such other manner as may be provided by law, whether made within or without the State of Arizona. 16. Rights and Remedies Are Cumulative Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by any party of one or more of such rights or remedies will not preclude the exercise by it, at the same time or different times, of any other rights or remedies for the same default or any other default by such defaulting party. 17. Notices, Demands and Communications Between Parties Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below, (iii) given to a recognized and reputable overnight delivery service, to the address set forth below or (iv) delivered by facsimile transmission to the number set forth below: If to the Town: Public Works Director 16836 East Palisades Blvd. P.O. Box 17958 Fountain Hills, Arizona 85269 Facsimile: 480-83 7-1404 With a copy to: Town Clerk 16836 East Palisades Blvd. P.O. Box 17958 Fountain Hills, Arizona 85269 Facsimile: 480-83 7-3145 If to Owner: Vladimir Hulpach Fountain Vista Properties, L.L.C. 13014 North Saguaro Blvd., Suite 202 Fountain Hills, Arizona 85268 Facsimile: 480-816-5966 9196.010\Fountain Vista Dev Ab .v8.doc 2-27-03-1 m or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this paragraph 15. Notices shall be deemed received (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, registered or certified, properly addressed, with sufficient postage, (iii) the following business day after being given to a recognized overnight -delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on. the following business day, or (iv) when received by facsimile transmission during the normal business hours of the recipient. If a copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice 18. Conflict of Interest. No member, official or employee of the Town may have any direct or indirect interest in this Agreement, nor participate in any decision relating to the Agreement which is prohibited by law. All parties hereto acknowledge that this Agreement is subject to cancellation pursuant to the provisions of ARIZ. REv. STAT. § 38-511. 19. Warranty gainst Payment of Consideration for Agreement. Owner warrants that it has not paid or given, and will not pay or give, any third person any money or other consideration for obtaining this Agreement, other than normal costs of conducting business and costs of professional services such as architects, consultants, engineers and attorneys. 20. No Waiver. Except as otherwise expressly provided in this Agreement, any failure or delay by any party in asserting any of its rights or remedies as to any default, will not operate as a waiver of any default or of any such rights or remedies, or deprive any such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. 21. Severability. If any provision of this Agreement shall be found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement will not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law, provided that the fundamental purposes of this Agreement are not defeated by such severability. 22. Captions. The captions contained in this Agreement are merely a reference and are not to be used to construe or limit the text. 23. Entire Agreement; Waivers and Amendments. This Agreement may be executed in up to three (3) duplicate originals, each of which is deemed to be an original. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the Town or Owner, and all amendments hereto must be in writing and signed by the appropriate authorities of the parties hereto. 9196.010\Fountain Vista Dev Agt.v8.doc 2-27-03-1 7 0 24. No Agency Created. Nothing contained in this Agreement creates any partnership, joint venture or agency relationship between the Town and Owner. No term or provision of this Agreement is intended to be for the benefit of any person, firm, organization or corporation not a party hereto and no other person, firm, organization or corporation may have any right or cause of action hereunder. 25. Additional Documents. Town and Owner each agree to execute and deliver all documents and take all actions reasonably necessary to implement and enforce this Agreement. 26. Default. In the event of default under any provision of this Agreement, the non - defaulting party shall have all remedies available to it at law or in equity. 27. Governing Statutes. References are made in this Agreement to specific sections of the Arizona Revised Statutes. Any such references mean the statute in effect on the date of the execution of this Agreement and any subsequent amendment to or renumbering or reordering of those provisions. 28. Equal Employment Opportunity. In connection with its performance hereunder, Owner shall not discriminate against any worker, employee or applicant or any member of the public, because of race, color, religion, gender, national origin, age or disability nor otherwise commit an unfair employment practice. Owner will also take affirmative action to ensure that applicants are employed, and employees dealt with during employment without regard to their race, color, religion, gender or national origin, age or disability. IN WITNESS WHEREOF, the parties have executed this Agreement through their representatives duly authorized to execute this document and bind their respective entities to the terms and obligations contained herein on the day and year first written above. TOWN OF FOUNTAIN HILLS, FOUNTAIN VISTA PROPERTIES, LLC, an Arizona municipal corporation an Arizona limited liability comnanv n Bev Bender, Town Clerk 9196.O10\Fountain Vista Dev Agt.v8.doc 2-27-03-1 E:3 mir Hulpa¢h, Iblana`vW Member � EXHIBIT INDEX Exhibit A 23.02 acres of land legally described Exhibit B 23.02 acres of land graphically depicted Exhibit C 36.64 acres of land legally described Exhibit D 36.64 acres of land graphically depicted Exhibit E Portion of Lot 1-23.03 acres being 9.91 acres of the L-3 Property to be rezoned R-4 legally described Exhibit F Portion of Lot 1-23.03 acres being 9.91 acres of the L-3 Property to be rezoned R-4 graphically depicted Exhibit G Town Council Resolution Exhibit H Conceptual Site Plan Exhibit I No -Build Easement legally described Exhibit J No -Build Easement graphically depicted IM 9196.0 1 OTountain Vista Dev Agt.v8.doc 2-27-03-1 E FOUNTAINHILLS RESORT LEGAL DESCRIPTION LOT I A portion of Section 20, Township 3 North, Range 6 Fast of the Gila and Salt River Base and Meridian Maricopa County, Arizona; More particularly described,• Commencing at a Govenment Land Office Monument found being the South Quarter Conner of said Section 20, Thence along the South line of the West Quarter of said Section South 89 degrees 58 minutes 31 seconds Fast a distance of 2640. 40 feet to a Government Land Office monument being the Southeast Corner of said Section; Thence North 32 degrees 25 minutes 21 seconds West a distance of 449.74 feet to a rebar and cap set and the true Point of Beginning, e Thence South 71 degrees 19 mimiles 44 seconds West a distance of 966. 00 fee to a rebar set; Thence North 29 degrees 50 minutes 32 seconds West a distance of 440.62 feet to a rebar founnd at the east Right of Way of Palisades Boulevard as shown in Book447 Page 3, Maricopa County Records; Thence, along said Right of Way, North 28 degrees 45 minutes 49 seconds East a distance of 168.50 feet to a rebar found at the beginning of a curve, concave westerly having a radius of 5228.45 feet; Thence, along said curve, an arc length of 1093.70 feet to a rebarfound.- Thence, departing said Right of Way, South 39 degrees 25 minutes 44 seconds Fast a distance of 1040.00 feet to a rebar and cap set; The►►ee South 04 degrees 00 minutes 42 seconds West a distance of 425. 00feet to the Point of Beginning; Containing an area of 23.04 acres, more or less Exhibit "A" 23.02 acres of land legally described FOUNTAIN HILLS RESORT A PORTION OF SEC. 20, 21. 28 & 29, T 3 N, R 6 E. G&SRB&M MARICOPA COUNTY, ARIZONA FOUNTAIN HILLS, ARIZONA Scale in feet 0 400 800 1,200 - SCALE: 1 " = 400' Gas �b� 110 O 77rk. B SHEA r� j� PARCEL AREA RESORT AREA 571,669.15 SQ FT (13.12 ACRES) R-4 AREA 431,781.61 SQ FT 9.91 ACRES TRACT A 1,592,059.61 SQ FT (36.55 ACRES) TRACT B 3,397.79 SQ FT ( 0.78 ACRES Exhibit "B" Proposed Zoning Plan 23.02 acres of land graphically depicted FOUNTAINHILLS RESORT LEGAL DESCRIPTION TRACT A A portion of Section 20, Township 3 North, Range 6 East of the Grila and Salt River Base and Meridian Mdn-icopa County, Arizona; More particularly described' Commencing at a Government Land Office Monument found being the South Quarter Corner of said Section 20; Thence along the South line of the West Quarter of said Section South 89 degrees 58 minutes 31 seconds East a distance of 2, 640.40 feet to a Government Lard Office monument being the Southeast Corner of said Section; Thence North 32 degrees 25 minutes 21 seconds West a distance of 449.74 feet to a rebar and cap set and the true Point of Beginning; Thence North 04 degrees 00 minutes 42 seconds East a distance of 425. 00feet to a rebar and cap set; Thence North 39 degrees 25 minutes 44 seconds West a distance of 1, 040.00 to a rebar found at the east Right of Way of Palisades Boulevard and the beginning of a non -tangential curve, concave to the west with a radius of 1090. 00 feet and a radial bearing of North 73 degrees 12 minutes 34 seconds West; Thence, along said curve and said Right of Way, an arc length of 175.31 feet to a rebar found• Thence, departing said Right of Wary and along the west line of Westridge Pllage, as shown in book 437, Page 30, Maricopa County Records, South 39 degrees 25 minutes 44 seconds East a distance of 2,400.19 feet to a rebar found being the southeast corner of Westridge Village, Thence, departing said line and along the west line of property owned by Town Lake Enterprises, LLC , Document mmrber99-0921845, South 05 degrees 04 minutes 13 seconds Fast to a rebar found at the North Right of Wary of Shea Boulevard, Thence, departing said property line and along said Right of Wary, South 84 degrees 55 minutes 47 seconds West a distance of 815.29 feet to a rebar found at the beginning of a curve, concave to the south with a radius of 11, 681.16 feet; Thence, along said curve, an arc length of 1, 097.64 feet to a rebar found Thence, departing said Right of Way and along the north line of Tract B, North 61 degrees 02 minutes 07 seconds West a distance of 84.97 feet; Thence South 66 degrees 08 minutes 24 seconds West a distance of 41.45 feet to the east Right of Wary of Palisades Boulevard and the beginning of a non -tangential curve, concave to the west with a radius of 850.00 feet and a radial bearing of South 00 degrees 00 minutes 00 seconds West; Thence, departing tract B and along said Right of Wary and said curve an arc length of 77 06 feet to a rebar found; Thence North 17 degrees 56 minutes 31 seconds West a distance of 182.65 feet to a rebar found and the beginning of a curve, concave to the east having a radius of 645. 00feet; Thence, along said curve, an arc length of 638.36 feet to a rebarfound, Thence, departing said Right of Wary, South 29 degrees 50 minutes 32 seconds East a distance of 440.62 feet to a rebar and cap set; Exhibit «C„ 36.64 acres of land legally described Thence North 71 degrees 19 minutes 44 seconds East a distance of 966.00 feet to the Point of Beginning; Containing an area of 36.55 acres more or less LEGAL DESCRIPTION TRACT B A portion of Section 20, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian Matricopa County, Arizona; More particularly described, Commencing at a Government Land Office Monument found being the South Quarter Corner of said Section 20, Thence along the South line of the West Quarter of said Section South 89 degrees 58 minutes 31 seconds East a distance of 2, 640.40 feet to a Government Land Office monument being the Southeast Corner of said Section; Thence South 68 degrees 23 minutes 31 seconds West a distance of 1, 284. 34 feet to a rebar found at the north Right of Way of Shea Boulevard and the beginning of a non tangential curve, concave to the North with a radius of 30 feet and a radial bearing of North 10 degrees 27 minutes 15 seconds West and the true Point of Beginning; Thence, along said Right of Wary, which transitions to the east Right of Way of Palisades Boulevard and along said curve, an arc length of 40.69 feet to a rebar found at the beginning of a reverse curve with a radius of 850 feet; Thence, along said curve an arc length of 2L 05 feet; Thence, departing said Right of Way, North 66 degrees 08 minutes 24 seconds East a distance of 41.45 feet; Thence South 61 degrees 02 minutes 07 seconds Fast a distance of 84.9 7feet to the north Right of Wary of Shea Boulevard and the beginning of a non -tangential curve, concave southerly with a radius of 1,1681.16 feet and a radial bearing of South 10 degrees 06 minutes 05 seconds Fast; Thence, along said Right of Way and said curve, an arc length of 71.91 feet to the Point of Beginning; Containing an area of 0 78 acres more or less 33853 0 MROLD E: BEABO T FOUNTAIN HILLS RESORT A PORTION OF SEC. 20. 21, 28 & 29. T 3 N. R 8 E, G&SRBdd1 MARICOPA MINTY. ARIZONA FOUNTAIN HILLS, ARIZONA Scale in feet 0 400 800 1,200 SCALE: 1 " = 400' ''� TRACT B BLVD- lJ SHEA !s PARCEL AREA RESORT AREA 571,669.15 SQ FT (13.12 ACRES) R-4 AREA 431,781.61 SQ FT 9.91 ACRES TRACT A 1, 592,059.61 SQ FT (36.55 ACRES) TRACT B 3,397.79 SQ FT ( 0.78 ACRES Exhibit "D„ Proposed Zoning Plan 36.64 acres of land graphically depicted FOUNTAIN HILLS RESORT LEGAL DESCRIPTION PROPOSED R-4 ZONE BOUNDARY C Lo T .2 A portion of Section 20, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian ,Mancopa County, Arizona; More particularly described; Conunendug at a GLO A&mwewjowxdbeuC the Somth Qaarbr Gagner of said Secftm 20; Mence along die Sow* line of the West Qnmter of said Secom Somali 89 degrees 58 =mules 31 seconds Fast a distance of 2640 40 feet to a GLO ma mwomw bentg dk SomMeasr Conn of said Sectiom Thence— North 32 degrees 25 mmndes 21 seconds West a als m" of 449 74 feet to a rrben and cqp sd and the nee Pbua of Beginning, 7hetaae Sosdh 71 degrees 19 nabwes 44 seconds West a ifioance of 687. 06 feet; Thence Nardi 16 degrees 36 mwmi s 24 seconds West a &stance of 25i 13 feet; Thence North 73 degrees 33 nL&nrtm 17 seconds East a e of 10492 feet; Thence North 73 degrees 23 ads 31 secarnds East a dcsta " of 44.33 feet; 7haze North 74 degrees 03 ndmtes 03 seconds Easy a oksta nce of 20.29 feet. 7hesec a North 64 a grees 02 47 s ca did East a alsza one ojr3a"fret; Thence North 49 degrees 38 awmts 22 seconds East a fisk ce of 4219 feel; Theme North 41 al?gnees 12 sags M seconds East a akWan ce of 4786feei�- Thence North 35 degrees 29 naR mate 04 seconds East a aksiance of 3733ftet Thence North 34 degrees 46 aathwies 40 seconds Fiat a distance of 22- 09 feet; Thecae North 23 alegrees 47 n—rs 58 seconds Fat a &stmacxe of 7.86 jea. Thence North 12 degrem 56 nabalm 10 seconds East a mace of IdMfeet; Thence North 14 degrees 53 14 seconds Fast a distance of I470 feet; Thence North IS degrees 45 Aw=*s 33 mends Fast a a fstance of 54.54 feet; Tha+ae North 15 degrees 06 nnnedes 10 seconds Fast a mace ajr7. 62 feet; 7be7we North 15 degrees 17 saWdes 09 seconds East a &Vance of 8G47feet; 77jatce North 14 degrees 56 nodes 35 seconds Fast a &EVanoe of 36I5feet; Thence AWi* 15 degrees 49 nwxdes 52 seconds East a dastance of 4818 feet; Theme North 15 degrees 42 nehmies 58 seconds West a ar&ance of 73 80 feet; Thence North 15 degrees 27 m*mE es 21 second; West a a5 satance of 65.26 feel; Thence North 24 degrees 24 sus 24 seconds West a dkcty" of 30.21 feet; Thence North 29 degrees 39 mmudes 30 seconds West a a!is*waae of 4L96feet. Thence North 38 degrees 59 mumles 25 seconds West a &stance of 4828feet; Tiaaace earth 46 degrees 52 notes 00 seconds West a alstmaoe of 2742 feet; T hence North 54 degrees 40 aamutes 55 seconds West a a5simaae of 8482 feet; Thence North 52 degrees 33 nos 13 seconds West a ch&"we of 132-34 feet; Thence North 22 degrees 29 tw noes 11 seconds East a dr once of 2320 feet; 7hraaae North 52 &roves 22 names 57 sem ds Fast a &stamen of 194.45 feel; Thence South 39 degrees 25 immutes 44 seconds Fist a a5stmaae qjr803.46 feet; Thence Soadh 04 degrees 00 aarnaaes 42 seconds West a &u n. of 425.00 feet to the Poiattafbegtraxrtrg: z iAROLD E.' BEABOUT 11I�OZ . exhibit "E" Portion of Lot 1-23.03 acres being 9.91 acres of the L-3 Property be replaced by R-4 Property FOUNTAIN HILLS RESORT A PORTION OF SEC. 20, 21, 28 & 29. T 3 N, R 6 E. C&SRB&M MARICOPA COUNT(, ARIZONA FOUNTAIN HILLS. ARIZONA Scale in feet 0 400 800 1.200 t;A J �� 0,4 {�0,p GQ ( O I i1 Tk4CT' $ �J sHEA l l --SCALE: 1 " = 400' aLva. PARCEL AREA RESORT AREA 571,669.15 SQ FT (13.12 ACRES) R-4 AREA 431,781.61 SQ FT 9.91 ACRES TRACT A 1,592,059.61 SQ FT (36.55 ACRES) ' TRACT B 3,397.79 SQ FT ( 0.78 ACRES 'Exhibit F" Portion of Lot 1-23.03 acres beiPronosed Zoning Plan ng 9.91 cres of the L-3 Property to be rezoned R-4 graphically de is P Y picted_ RESOLUTION NO.2003-08 0 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT RELATING TO PROPERTY LOCATED NORTHEAST OF THE INTERSECTION OF PALISADES BOULEVARD AND SHEA BOULEVARD ENCOMPASSING APPROXIMATELY 60 ACRES. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") desires to enter into a development agreement (the "Agreement") between the Town of Fountain Hills (the "Town") and Fountain Vista Properties, L.L.C., pursuant to Ap=. REv. STAT.§ 9-500.05; and WHEREAS, the proposed Agreement pertains to property located northeast of the intersection of Palisades Boulevard and Shea Boulevard (the "Property"); and WHEREAS, the Agreement (i) shall become operative only upon approval of a General Plan amendment ensuring that it is consistent with the Town's adopted General Plan and (ii) is complete within the context of ARIZ. REv. STAT.§ 9-500.05 (F). NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1: That the Agreement is hereby approved in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2: That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to cause the execution of the Agreement. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, March 6, 2003. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: 17 ,.o�m je- 1 1,� Jo . Beydler, ayor Bev Bender, Town Clerk V.jUJbWD BY: Tim G. Pickering, own Manager 9196.001\FV DmAgt.-res.doc 2-28.03-1 APPR/OV,ED AS TO FORM: ( A-1 - R1 ""I Andrew J. McGuire, Town Attorney "Exhibit G" Town Council Resolution i 1111M Mn MR A u w'. Im Exhibit x Fountain Hills Resort PROPOSED NO -BUILD EASEMENT A portion of Lot 1 of Fountain Hills Resort Final Plat, as recorded on July 8, 2002 in Book 597, Page 42 of the Records of Maricopa County, Arizona and situated in the Southeast quarter of Section 20, Township 3 North Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; said parcel being more particulary described as follows: Commencing at the most northerly comer of lot 1 of said Plat; Thence south 39 degrees 25 minutes 44 seconds east along the northerly line of lot 1 of said Plat, a distance of 860.00 feet, to THE POINT OF BEGINNING; Thence continuing along the northerly line of lot 1 of said Plat, south 39 degrees 25 minutes 44 seconds east, a distance of 180.00 feet; Thence departing the northerly line of lot 1 of said Plat, south 04 degrees 00 minutes 42 seconds west along the easterly line of lot 1 of said Plat, a distance of 255.00 feet; Thence departing said easterly line of Lot 1 of said Plat, north 39 degrees 25 minutes 44 seconds west, a distance of 180.00 feet, Thence north 04 degrees 00 minutes 42 seconds east, a distance of 255.00 feet to the POINT OF BEGINNING; This easement contains an area of 1.380 acres more or less. E:\PLAN\ZONE\Rezone\RESORT_ZONING\no build legall.doc Pate I of I I EXHIBIT J FOUNTAIN HILLS RESORT PROPOSED NO -BUILD EASEMENT 0 WESTRID-3- ViLLA%'_--E tA 9 7 77 SK. p cl. M 4 R -C H 15, 99 xx \_ POINT OF 13E(,5INN_lKG Al�q H.o S zz-SOF :NAL PLAJ. MCR 012-0694396 \\",t Ni 0C-,K PAG'-P__ 42 PROPOSED un NO BUILD EASEMENT, CN (1.380 ACRES).: 41, y <C% L455 N Nr E 0 200' 400' FEET 6=m=mmmw6=m%==mmj s SCALE: I" = 200' DATE: 2-20-2003 Town of Fountain Hills Town Council Agenda Action Form 41 Meeting Type: Regular Meeting Meeting Date: 2/20/03 it- to Submitting Department: Community Development Contact Person: Denise Ruhling, Planner ) Consent:❑ Regular:® Requesting Action:® Report Only: El Tyne of Document Needing Approval (Check all that a ® Public Hearing ® Resolution ® Ordinance ❑ Agreement ❑ Emergency Clause ❑ Special Event Permit ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Acceptance ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Plat ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Priority (Check ADDroDriate Areas): Education ❑ Public Fitness ❑ Library Services ❑ Public Safety ❑ Community Activities ❑ Economic Development ❑ Public Works ❑ Human Service Needs ❑ Parks & Recreation ❑ Town Elections ® Community Development Regular Agenda Wording: Public Hearing to receive comments on Resolution #2003-04 a proposed amendment to the Town of Fountain Hills General Plan that would change the Existing and Proposed Land Use Maps from the designations of "other" and "Lodging" to "Multi -Family Residential High Density" on a portion of final plat "Fountain Hills Resort" Lot 1. Case Number GPA2002-01 Consideration of Resolution #2003-04, an amendment to the Town of Fountain Hills General Plan that would change the Existing and Proposed Land Use Maps from the designations of "other" and "Lodging" "Multi -Family Residential High Density" on a portion of final plat "Fountain Hills Resort" Lot 1. Case Number GPA2002-01. Public Hearing to receive comments on Ordinance #03-05 a proposed rezoning of 9.91 ± acres of land located in final plat "Fountain Hills Resort" Lot 1 from the "L-3 PUD" to the "R-4" zoning district. Case Number Z2002- 11. Consideration of Ordinance #03-05 a rezoning of 9.91 ± acres of land on located in final plat "Fountain Hills Resort" Lot 1 from the "L-3 PUD" to the "R4" zoning districts. Case Number Z2002-11. Staff Recommendation: Disapprove Fiscal Impact: No $ Purpose of Item and Background Information: This request is by Fountain Vista Properties, LLC for a General Plan Amendment that would change the Existing and Proposed Land Use Maps (adopted June 20, 2002) from the designations of "Other" and "Lodging" to the designation of Multi -Family Residential High Density for property located north of Shea Boulevard, East of Palisades Boulevard, and south of Westridge Village (a portion of final plat "Fountain Hills Resort" Lot 1). This request also includes a request to Rezone a 9.91 ± acres of this parcel from L-3 (lodging) to R-4 (residential multi -family). Please see attached Staff Report for complete details. List All Attachments as Follows: Resolution 2003-04, Ordinance 03-05, Staff Report, Engineering Memo, Ordinance 99-23, Elevations, Site Map, Letters of Oppostion, Applicant Narrative. �"" Type(s) of Presentation: Powerpoint Signatures of Submitting Staff• r7 D artment Head Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING DEPARTMENT STAFF REPORT TO: Mayor Beydler and Town Council DT• February10 2003 FR: Denise Ruhling, Planner RE: Resolution # 2003-04 and Ordinance # ----`-- - 03-05, Fountain Hills Resort General Plan _- Amendment and Rezone. Case #GPA2002-01 and Z2002-11 This request is by Fountain Vista Properties, LLC for a General Plan Amendment that would change the Existing and Proposed Land Use Maps (adopted June 20, 2002) from the designations of "Other" and "Lodging" to the designation of Multi -Family Residential High Density for property located north of Shea Boulevard, East of Palisades Boulevard, and south of Westridge Village (a portion of final plat "Fountain Hills Resort" Lot 1). This request also includes a request to Rezone a 9.91 ± acres of this parcel from L-3 (lodging) to R-4 (residential multi- family). APPLICANT: Fountain Vista Properties, LLC OWNER: Fountain Vista Properties, LLC EXISTING ZONING: L-3 (lodging) EXISTING CONDITION: Vacant LOT SIZE: Entire Site 23.03 acres. Rezone/GPA area 9.91 acres. SURROUNDING LAND USES AND ZONING: NORTH: Open Space zoned "OSR" and Existing Single Family Residential zoned "R1-10" and "R1-43" SOUTH: Open Space zoned "OSR" and Shea Boulevard EAST: Open Space zoned "OSR" and Existing Single Family Residential zoned "R1-10" WEST: Existing Residential zoned "R1-43" and Vacant Multi -Family Residential zoned "M-1" SUMMARY: This application proposes to change zoning from the current L-3 PUD (lodging) to R-4 (multi- family high density). The purpose of this zoning change is to allow the applicant to build 71 multi- family residential units. This site was rezoned from R1-43 to a combination of L-3 PUD (lodging) and OSR (open space, recreational) in August of 1999. The purpose of the PUD was to alter the density so that no more units than proposed at that time could be built, keeping the lot coverage to a minimum. The previously approved development included a Resort with 178 rooms and 72 casitas, to be used as Fountain Hills Resort Case Number GPA2002-01 & Z2002-11 "lodging" also covering approximately 14.5 acres with an additional 8.53 acres designated : a Hillside Protection Easement. The proposed development area would replace the 72 casitas with 71 multi -family town home villas, add 36 corporate villas, and would expand the development area requiring the elimination of the previously designated "Hillside Protection Easement". The increase of the development area is based on the fact that the proposed multi -family town home villas will range in size from 1,600 square feet to 2,350 square feet, significantly larger that the planned casitas (1,150 square feet), the addition of a third row of buildings and a third interior access road. Height of the proposed town homes will not exceed 30' from natural existing grade. The outer limits of this proposed development is over 600 feet from the closest single family residence providing a buffer zoned "Open Space Recreational". Access to the site will remain as previously proposed with one access from Palisades Boulevard. Parking requirements will increase from 440 spaces to 534 spaces with the addition of the multi- family use. Proposed parking includes 199 underground spaces, 102 garage spaces, and 233 surface spaces. The applicant has held various meeting with the Westridge Village Homeowners, both group and individual settings. Staff attended the community meeting held on December 17, 2002. Concerns expressed by the residents at this meeting included traffic flow (both within the development and on Palisades), light intrusion (from the additional roadway on site), noise, open space, the blocking of their view and the affect that this type of development would have on their property values. A considerable amount of time was spent discussing these issues. EVALUATION: The General Plan "Proposed Land Use Map" designates this property for Lodging thus requiring a Minor General Plan Amendment to allow the rezoning to Multi -Family Residential (high density). Surrounding uses, as outlined in the "Proposed Land Use Map" are as follows: North: Park and Single Family Residential (medium density) South: Park East: Park West: Multi -Family (medium density) and Government The General Plan states "Any proposed amendment to the General Plan may not result in an adverse impact to the community as a whole, or any portion of the community. Amendments should occur only after careful review of the request, and of findings of fact in support of the revision at public Hearing". The applicant has requested that they be allowed to pay the Town for the Hillside Protection Easement. Section 504 of the Subdivision Ordinance explains the requirements for Hillside Protection within the Town of Fountain Hills. These requirements are based on slope percentages and the disturbance limits on each level of slope. The existing Hillside Protection Easement (HPE) Page 2 of 4 Fountain Hills Resort Case Number GPA2002-01 & Z2002-11 was a requirement of the approved preliminary/final plat approved in 2000. The impact of development in close proximity to the zoning separation line could result in damage to the surrounding native topography in the "OSR" zoning designation. Based on this possibility staff is concerned about the elimination of the HPE. Changing the zoning designation from L-3 to R-4 will greatly increase the development impact on this site. Those impacts are as follows: Increased density — The R-4 zoning district allows 21.78 dwelling units per acre and allows for 50% lot coverage. The L-3 zoning district allows for 15 rooms per acre and allows 25% lot coverage. This is a significant increase in density. An option for the applicant to consider would be a less intense multi family zoning district such as M-3 allowing 12 dwelling units per acre and a 50% lot coverage. $.S 3 . Elimination of the HPE — The Town of Fountain Hills has adopted a Hillside Protection requirement process to protect our natural topography. The increased density and elimination of the HPE do not support this process or requirement. Staff believes that the proposed development will not only impact the currently designated HPE but the development of the site in such close proximity to the lot line could impact the surrounding "OSR" zoning district. Cut and Fill — The proposed development will necessitate cut and fill waivers. The applicant has requested that these waivers be a part of the proposed development agreement. The original approval of L-3 PUD did address cut and fill requirements, however, the need for these waivers will increase with the increased density on the site. Traffic - The addition of Residential to this site will impact the flow of traffic and daily trip counts. Parking requirements for residential zoning districts are significantly different from the parking requirements in the lodging zoning district. Staff will require a new traffic study to support the proposed road/driveway designs, parking and external/internal traffic circulation patterns for the site. Phased Development — The applicant is requesting, as part of the development agreement that the multi -family residential be developed prior to the development of the Resort. The proposed development agreement stipulates that the construction of the Hotel will begin within one (1) year of the issuance of the first Certificate of Occupancy on the R-4 villas. The purpose of rezoning this property to L-3, August 1999) was to accommodate the building of a Resort to compliment the Fountain Hills area. It is staff's opinion that the Resort and multi -family should be constructed simultaneously. The Planning & Zoning Commission reviewed this application in Public Hearing at their January 23, 2003, meeting. Twelve speakers (from the public) were heard at the meeting. Of the Twelve speakers eleven were opposed and one supported this application. Those in opposition stated the following reasons for opposition: light intrusion, increased traffic, sacrificing of the Hillside Protection Easement, significant change from original plan, open space, lack of guarantee that the project (Resort) will be completed. The supporter stated the following reasons for support: Page 3 of 4 Fountain Hills Resort Case Number GPA2002-01 & Z2002-11 Resolution from Chamber of Commerce in support of development, Hillside Protection Easement requirement has been overridden in past developments, and economic impact to Town. Planning & Zoning Commission comments included: Hillside Protection Easement concerns, mixing Multi - Family with Resort; secondary access requirement, consideration of M-1 zoning instead of R-4, parking, cut and fill issues, economic support for the Town and that by upholding current requirements on this site, we are allowing the developer to use only a small portion of his land. The Planning & Zoning Commission voted to recommend approval of the General Plan Amendment and Rezoning by a vote of three (3) ayes and two (2) nays. RECOMMENDATION: The Planning & Zoning Commission recommends approval of the proposed amendment to the Town of Fountain Hills General Plan that would change the Existing and Proposed Land Use Maps from the designations of "Other" and "Lodging" to the designation of "Multi -Family Residential High Density" for property located north of Shea Boulevard, East of Palisades Boulevard, and south of Westridge Village (a portion of final plat "Fountain Hills Resort" Lot 1). Case Number GPA2002-01 The Planning & Zoning Commission also recommends approval of the proposed rezoning of 9.91 ± acres of land, located north of Shea Boulevard, East of Palisades Boulevard, and south of Westridge Village (a portion of final plat "Fountain Hills Resort" Lot 1) from the "L-3 PUD" to the "R-4" zoning districts. Case Number Z2002-01 Based on the impact issues (increased density, cut and fill waivers, traffic and parking concerns and the proposed phased development) stated in the staff report staff believes that this proposal does not meet the criteria of a General Plan Amendment and recommends denial of the proposed amendment to the Town of Fountain Hills General Plan that would change the Existing and Proposed Land Use Maps from the designations of "other" and "Lodging" to the designation of "Multi -Family Residential High Density" for property located north of Shea Boulevard, East of Palisades Boulevard, and south of Westridge Village (a portion of final plat "Fountain Hills Resort" Lot 1). Case Number GPA2002-01. Based on staffs recommendation to deny the General Plan Amendment the rezoning application is not in conformance with the General Plan. Therefore staff recommends denial of the proposed rezoning of 9.91 ± acres of land, located north of Shea Boulevard, East of Palisades Boulevard, and south of Westridge Village (a portion of final plat "Fountain Hills Resort" Lot 1) from the "L-3 PUD" to the "R-4" zoning districts. Case Number Z2002-11. Page 4 of 4 RESOLUTION NO. 2003-04 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, AMENDING THE EXISTING AND PROPOSED LAND USE MAPS FROM THE DESIGNATIONS OF "OTHER" AND "LODGING" TO THE DESIGNATION OF "MULTI -FAMILY" FOR 9.91 ACRES OF LAND, AS GRAPHICALLY SHOWN IN EXHIBIT "A" AND LEGALLY DESCRIBED IN EXHIBIT `B", A PORTION OF FINAL PLAT "FOUNTAIN HILLS RESORT" LOT 1. WHEREAS, The Town of Fountain Hills adopted the General Plan on June 20, 2002; and WHEREAS, Chapter 2, PROCEDURES. Section 2.01, Amendments or Zone Changes establishes the authority and procedures for amending the General Plan; and WHEREAS, The General Plan "Exhibit 3", Existing Land Use Map and "Exhibit 4" Proposed Land Use Map set forth the understanding of existing and future land use needs; and WHEREAS, Public Hearings were advertised in the January 8, 2003 edition of the Times of Fountain Hills pursuant to Arizona Revised Statutes §9-462.04, and WHEREAS, Public Hearings were held by the Fountain Hills Planning & Zoning Commission on January 23, 2003 and by the Mayor and Common Council on February 20, 2003. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA as follows: SECTION 1. The "Existing Land Use Map" shown as Exhibit 3 of the adopted General Plan and the "Proposed Land Use Map" shown as Exhibit 4 of the adopted General Plan are hereby amended to change the designation of 9.91 acres of land, which is graphically depicted in Exhibit "A" and legally described in Exhibit `B", aka a portion of Final Plat "Fountain Hills Resort" Lot 1, from "Others" and "Lodging" to "Multi -family". PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, February 20, 2003. 9196.010\Copperwynd annex.ord.doc 1 1-17-03-1 FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Jon M. Beydler, Mayor REVIEWED BY: Tim G. Pickering, CEcD, Town Manager 9196.010\Copperwynd annex.ord.doc 2 1-17-03-1 Cassie B. Hansen, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney EXHIBIT "A" FOUNTAIN HILLS RESORT' LEGAL DESCRIPTION PROPOSED R-4 ZONE BOUNDARY ( Lo T Z) A portion of Section 20, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian ,Maricopa County, Anzoraa� More particularly described.' Coxmmcmg,waGLOMmowwfoundbwgdw&mithQMrWCM7Wofsmd&cftm2O; 7hence along she South line of the West Osarser of said Section South 89 degrees 58 aws ies 31 seconds East a of 2640.40 feet to a GLO 00naoseN beW the Southeast Corner of smd Sec*an: 77erme Na"h 32 degrees 25 des 21 seconds West a &SIaace of 449 74-feet to a rebar and aop set and the tree Point of Beginning, Thence South 71 degrees 19 wanes 44 secands West a &space of 687.06 feet: Thence North 16 degrees 36 amsdes 24 seca nds West a diskmace of 253-13 feet; 7hence North 73 degrees 33 s 17 seam Fast a dis*nce of 104 92 feet: Thence North 73 degrees 23 , 31 se+c vub Fast a distma r of 44.33 feet; Thence Nardi 74 deers 03 nwsrArs 03 seconds East a 4s*wce of 2029 feet; Thence North 64 degrees 02 sninrfes 47 seconds Fast a dslarice of 3Q29 feet: Thence North 49 degrees 38 22 seconds Fait a dfstaace of 42.19 feed: Theme North 41 dwees 12 srisndes 33 seconds Fmt a drsAwwr of 4786 feet; Thence North 35 degrees 29 minutes 04 aecoads F.ad a ak&anne of 3733 feet; Thence North 34 dsgeies 46 ads 40 seconds Eats a das7ince f 2209 feet: 7hencae North 23 degrees 47 n:nd.c 58 seconds Eats a &nw" of 7.86 feet: TheAae Nardi 12 deers 56 inhwes 10 seconlr Eat a dime ire of 1 d86 feet, Theme North 14 degrees 53 amides 14 seconds Fast a distance of 14.70 feet: Thence Akwlh 15 degrees 45 w"au I 33 second Fie! a distance of 5454 feet: Timme North 15 degrees 06 nibudes 10 seconds F.mt a ifisfiawe of 7362.E Thence North 15 degrees 17 ndmks 09 secaaads East a &starve of 86L47 feet 77w7ae North 14 degrees 56 ewndes 35 seconds East a dstance of 36I5 feet: Theme North 15 degrres 49 mmmues 52 seconds FAW a &s w" of 4& l8 feu: The" North 15 degrees 42 siudes 58 seconds West a aksibae of 78.80 feet; Theme North 15 degrees 27 n bodes 21 secarads West a &skn a of 65 26feet; Thaacr North 24 degrees 24 admaes 24 seconds West a dia7onee of 30.21 feet: Thence North 29 degrees 39 munwks 30 seconds Wet a dtstancr of 4L96feet: Thence North 38 degrees 59 adrailes 25 seconds West a distance of 48.28 feet: Thence Morth 46 degrees 52 des 00 secand4 West a diahmwe of 27.42 feet: 7heraee North 54 degnaes 40,ron 4 55 seconds West a ice of 84 82 feet; Theme North 52 degrees 33 mhumes 13 secopub West a sae of 13234 feet; 7hiencae North 22 degrees 29 nrnnda 11 seconds Fast a dis"" of 23.20 feet; T haewe North 52 degrees 22 a nndes 57 seconds FAM a dusa nc a of 194.45 feet: Thence South 39 degrees 25 winades 44 semuft FW a dasxame of 803.46 feet; Thence South 04 degrees 00 wrenches 47 seconds West a distance of 425.00 feet to the Point of begixni*& 338 0 U HAROLD E.- r� BEABOUT j1�l�OZ . �a u EXHIBIT "B" A PORTION OF SEC. 20. 21. 28 & 29, T 3 N. R 8 E. G&SRB&M MARICOPA COUNTY, ARIZONA FOUNTAIN HILLS, ARIZONA 117 Scale in feet 0 400 800 1,200 SCALE: 1 " = 400' 7 "Cr B ti i 13LVD- E A _ _r PARCEL AREA RESORT AREA 571,669.15 SQ FT (13.12 ACRES) R-4 AREA 431,781.61 SQ FT 9.91 ACRES TRACT A 1,592,059.61 SQ FT (36.55 ACRES) TRACT B 3,397.79 SQ FT ( 0.78 ACRES ORDINANCE NO. 03-05 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, AMENDING THE OFFICIAL ZONING DISTRICTS MAP OF THE TOWN OF FOUNTAIN HILLS, ARIZONA BY DESIGNATING 9.91 ACRES OF LAND, AS GRAPHICALLY SHOWN IN ATTACHMENT "A" AND AS LEGALLY DESCRIBED IN ATTACHMENT"B", FROM THE "L-3 PUD" LODGING ZONING DISTRICT TO THE 6'R-4" MULTI- FAMILY ZONING DISTRICT. 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, the Town of Fountain Hills adopted Ordinance 99-23, on August 16, 1999, amending the zoning map to "L-3 PUD" Lodging Zoning District, on this site; and WHEREAS, Chapter 2, Procedures Section 2.01, Amendments or Zone Changes establishes the authority and procedures for amending the zoning district boundaries; and WHEREAS, Chapter 3 Establishment of Zoninjj Districts and Boundaries Thereof, Section 3.02 establishes the "Official Zoning Districts Map"; and WHEREAS, Public Hearings were advertised in the January 8, 2003 edition of the Times of Fountain Hills pursuant to Arizona Revised Statutes §9-462.04, and WHEREAS, Public Hearings were held by the Fountain Hills Planning & Zoning Commission on January 23, 2003 and by the Mayor and Common Council on February 20, 2003. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA as follows: SECTION 1. The "Official Zoning District Map" shall be amended to change the Zoning District designation of 9.91 acres of land, as legally described in Exhibit "A" and graphically depicted in Exhibit "B" from "L-3 PUD" Lodging Zoning District to the "R- 4" Multiple Family Zoning District. 9196.010\Copperwynd annex.ord.doc 1 1-17-03-1 PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, February 20, 2003. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Jon M. Beydler, Mayor REVIEWED BY: Tim G. Pickering, CEcD, Town Manager 9196.010\Copperwynd annex.ord.doc 2 1-17-03-I Cassie B. Hansen, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney EXHIBIT "A" FOUNTAINHILL.4 RESORT LEGAL DFSCMMON PROPOSED R-4 ZONE BOUNDARY (Lo T Z) A portion of Section 20, Township 3 North, Range 6 East of the Gila and Salt River Base annd Men&an ,Maricopa County; Arizona; More particularly described; Conumeadag, al a GI,O Maraud being tic Sowk Qaor*r Corner of sWdSecftm 20; Thennce along the South hue 40f d c West Oacater of s=d Section: South 89 degrees 58 wandes 31 seconds Fast a mire of 2640.40 feet to a GLO monsument being the SanAeast Corner of said SeWort. ?i enm North 32 degrees 25mirmes2lsecands West a distance of 449 74 fed to a, ebor and eqp set and the aae Pima of Beginning; Thence South 71 degrees 19 mMutes 44 s ondr West a dsnvw of 687.06feet; Thrice North 16 degrees 36 amartes 24 seconds West a dimonee of 253-13 feet; T hence North 73 degrees 33 a d = les 17 siecanrh FAW a a% darnoe of 104 92 feet, Thence Nardi 73 degreess 23 anaamrtu 31 seconds East a &mfmsce of 44.33 jtd; Amer North 74 degrees 03 swumes 03 second; East a dsmnce of 20.29 feet; Thence North 64 degrees 02 amadrs 47 seconds East a disknw of 3Q29 feet; Thence North 49 degrees 38, 22 seams:& East a dhaamw of 42.19 feet; Thence North 41 degrees 12 meades 33 seconds East a d<doxr of 47.86 feet; Thence North 35 degrees 29 munwes 04 mcma* End a sae of 3733 foot; Thence North 34 degrees 46 mwnfts 40 seems* Ear{ a distance of 2209 fert; Thane North 23 dWre+es 47 aimdes 58 seconds East a one of 7.86 feet; Thence North 12 degrees 56 amides 10 secords East a of I Q86 feet; Thence North 14 degas 53 Arimde t 14 seconds Fast a distance of I4.70 feet; 7h�rsce North 15 degrees 45 anoad-s 33 seconds First a dEdanae of 54.54 feet,- Thrnae North 15 degrees 06 morales 10 secars* End a dfs*vsae of 7.162 fait; Thence North 15 degrees 17 aghdrs 09 F.mt a woe of 8647 feet; Thence North 14 degrees 56 mandes 35 secon ak East a disiance of 36.1S feet; Thence North l5 degrees 49 araades 52 seconds Eaat a dstlosnee of 4& l8 feet; Thence North 15 degrees 42 mirages 58 seconds Wesf a mice of 78.80 feet; Thence North 15 degrees 27 misade s 21 seconds Wed a dutrcie of -26 feet, 7bmee North 24 degrees 24 ■dance.:24 swonds West a distance of 30.21 feet, Thence North 29 degrees 39 mundes 30 seaondr West a dtsk nce of 41.96feet, Thence North 38 degrees 39 eerwtes 25 see ondr West a dstarsce of 4& 28 feet; Thence North 46 degrees 52,®,des 00 seconds West a distance oj27.42 feet; Thence North 54 degrees 40 55 seconds West a alvance of 84:82 feet, Thence North 52 degrees 33 sdran& 13 seconds West a okscance of 13234 feet; Thence North 22 degrees 29 nemeses 11 seconds FAW a ifixur r of 23 20 feet; Thence North 52 degrees 22 nurnsNes 57 seconds F1aY a distance of 194.45 feet; Thence South 39 degrees 25 emotes 44 seconds East a &Umx a of 803.46 feet,- T hence Sodh 04 degrees 00 ar noes 42 seems* West a d%starsce of 425.00 ftet to the Pbinrt of bqfiWisg 338 0 U HAROLD E.' � BEA& UT EXHIBIT "B" A PORTION OF SEC. 20, 21. 28 & 29, T 3 N. R 6 E. G&SRB&M MARICOPA COUNTY, ARIM4A FOUNTAIN HILLS, ARI20NA Scale in feet 0 400 800 1.200 SCALE: 1 " = 400' 9 L V Q �— _�1r PARCEL AREA RESORT AREA 571,669.15 SQ FT (13.12 ACRES) R-4 AREA 431,781.61 SQ FT 9.91 ACRES TRACT A 1,592,059.61 SQ FT (36.55 ACRES) TRACT B 3,397.79 SQ FT ( 0.78 ACRES TOWN OF FOUNTAIN HILLS OFFICE OF PUBLIC WORKS INTER OFFICE MEMO TO: Denise Ruhling, Planning and Zoning DT: November 18, 2002 FR: Art Candelaria, Civil Engineer 011, RE: Fountain Hills Resort — New Concept Through: Jim Leubner, Senior Civil EVgo Plan per proposed R4 Re -Zone Provide with the Final Plat application submittal: General Comments: 1. A Geotechnical Report. 2. A Drainage Report. 3. A complete revised set of Improvement Plans. 4. A retaining wall calculations and details. All comments are number keyed on plans. 1. The Driveway approaches need to be as deep and perpendicular as possible for easy and safe access and for traffic visibility when exiting. 2. A minimum of 20 ft is required to park in front of the garage. 3. At all roadway tee -intersections, the roadway alignment and grades must be designed per the Town Sub -Division Guidelines for safe visibility of traffic flow patterns. 4. Minimum roadway width must be 24 ft. Consult with the Fire Department. 5. Some proposed garages might need turnarounds. We will review and analyze the merit of the driveway turnarounds with the Improvement Plans. Driveways at units 60 and 61 are a good example for a needed turnaround. 6. How is drainage runoff controlled, conveyed and contained? Provide a preliminary Drainage Report showing runoff directional flow arrows, swales, drainage structures and spillways, etc. 7. Meander or avoid long stretches of the retaining wall adjacent to the sidewalk along Palisades Boulevard. Revise the plan to match prior approved Improvement Plans, which showed only (2) retaining walls. 8. The outer most areas of the project site shall need a lot of retaining walls and fill slopes. Show proposed retaining walls and slopes; show top and bottom retaining wall elevations and heights. 9. The roadway, driveways, and sidewalks shall meet Town of Fountain Hills, Fire Department, and A.D.A. Standards. 10. Consult with Planning and Zoning Department about maximum cut and fill heights allowed. 11. Proposed buildings 62 through 66 and 67 through 71 are very close to the rear boundary with very little back yard. The buildings will require many terraced retaining walls. Consult with Planning and Zoning Department about set backs, wall heights allowed, and other design criteria. 12. The roadway along and adjacent to the east and north boundary has very little room for retaining walls and fill slopes. Show the proposed retaining walls and fill slopes. Consult with Planning and Zoning Department about retaining walls heights allowed. 13. Provide a 5 ft wide sidewalk along one side of the roadways and leading to the hotel area complying with A.D.A. Standards. Provide handicap ramps at the appropriate intersections and driveways. 14. Roadway width is to be 26 ft in areas with parking on both sides of the road. 15. What type of refuse service is proposed? 16. Redesign driveways at those units that share a common entrance. Vehicular parking in either driveway cannot obstruct the entrance/exit to the adjacent units (see units 1, 2, 3 and 4); revise any area with this problem. 17. Delete the circular median island- as it will cause confusion and may result in creating safety issues. 18. Stripe the entrance road for (1) left turn only lane and (1) shared right turn and through lane. 19. Revise the median design to comply with comments 17, 18, and 20. 20. Delete the parking spaces, as they obstruct the vehicular line of sight looking east. Convert this area to a landscaped island. 21. Units 67-69 — garages are too close to the road. This configuration will not be approved (check all driveways). 22. Access to units 56, 57, and 58 (and others) are not feasible with a vehicle parked in the opposite driveways. Also, the 35 ft distance between garage doors is inadequate for this type of a duel spaced driveway design. Provide a 50 ft minimum distance between garage doors. AcandelariaUbaxter\Edrive\fountainhillsresort-newconceptpalnchron239 TOWN OF FOUNTAIN HILLS ORDINANCE 99-23 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TEXT OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, ARIZONA PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, AND BY AMENDING THE OFFICIAL ZONING DISTRICTS MAP OF THE TOWN OF FOUNTAIN HILLS BY DESIGNATING 23.028 ACRES OF LAND, AS LEGALLY DESCRIBED IN EXHIBIT "A" AND GRAPHICALLY DEPICTED IN EXHIBIT "C" FROM "R143" SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO "L-3 P.U.D." LODGING ZONING DISTRICT, AND BY DESIGNATING 36.635 ACRES, AS LEGALLY DESCRIBED IN EXHIBIT `B" AND GRAPHICALLY DEPICTED IN EXHIBIT "C" FROM "R143" SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO "OSR" OPEN SPACE RECREATIONAL ZONING DISTRICT. 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, PROCEDURES. Section 2.01, Amendments or Zone Changes. establishes the authority and procedures for amending the zoning district boundaries; and WHEREAS, Chapter 3 ESTABLISHMENT OF ZONING DISTRICTS AND BOUNDARIES THEREOF, Section 3.02 Boundaries Lines on the Zoning Districts Maps. establishes the "Official Zoning Districts Map"; and WHEREAS, Public hearings were advertised in the July 28, August 4, and 11, 1999 editions of The Fountain Hills Times, pursuant to Arizona Revised Statutes §9-462.04, and WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission on August 12, 1999 and the Mayor and Common Council on August 16, 1999; and Ordinance 99-23 pgSS/\AIL Page 1 of 15 MOTION SECOND 1r�c`►ti COUNT D WHEREAS, The Future Land Use Plan Map in the Town • of Fountain Hills General Plan designates the area as described in Exhibits "A, B 8_ C", as Lodging, and Single Family Low land uses, NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Section 1. A. The "Official Zoning Districts Map" shall be amended to change the Zoning District designation of 23.028 acres of land, as legally described in Exhibit "A" and graphically depicted in Exhibit "C", from "RI-43, Single Family Residential Zoning District to the "L-3 P.U.D.", Lodging Zoning District. B. The "Official Zoning Districts Map" shall be amended to chancre the Zoning District designation of 36.635 acres of land, as legally described in Exhibit "B" and graphically depicted in Exhibit "C", from the "R1-43, Single Family Residential Zoning District to the "OSR" Open Space Recreational Zoning District. Section 2. The minimum "Density, Area, Building and Yard Regulations" for this "L-3 Planned Unit Development" Zoning District, Case # Z99-16, shall be all of the standards of the "L-3" Lodging Zoning District of The Zoning Ordinance for the 10) Town Of Fountain Hills, except for lot area/room, building height and lot coverage, as stated in the table below T 2 7l TT 1r1 AREA (SQ.FEET) LOT AREA/ ROOM (SQ. FEET) WIDTH (FEET) BLDG HEIGHT (SET) MINIMUM YARD SETBACKS STREET 7E] FRONT SIDE SIDE REAR 43.560 .�;994 145 30() 40 30 40 60 (a) Non-habital architectural features may be constructed up to 35 feet in height as measured from existing grade or exposed finished grade whichever is lower. Ordinance 99-23 _ Page 2 of 15 Section 3. Monument sign for Shea Blvd. shall not exceed ten (10) feet in height and fourteen (14) feet in width with a ten (10) foot by ten (10) foot signbox. Monument sign for Palisades Blvd. shall not exceed six (6) feet in height and eight and one half (8.5) feet in width with a six (6) foot by six (6) foot signbox. Monument signs shall be located in substantial conformance to the approved concept plan, Exhibit "D". Any accessory uses, such as restaurants or retail shops, shall be permitted one (1) wall sign, not to exceed ten (10) square feet, on or near the entrance to the accessory use. Section 4. Parking for the proposed resort, including all proposed accessory uses identified in Exhibit "D", shall be calculated per the Kracor parking study of July 28, 1999. Section 5. The resort may operate up to two (2) restaurant/cafes as a part of this Planned Unit Development, as shown on the concept site plan Exhibit "D". Section 6. The resort may operate two (2) retail facilities as shown on the concept site plan, Exhibit "D". Section 7. The only permitted uses and accessory uses within this Planned Unit Development are the lodging facility and those accessory uses as identified in Exhibit "D". Prior to the issuance of any building permit, such permit shall be in substantial conformance with Exhibit "D". Section 8. The property owner or its successors/assigns do not have the ability to develop the property using the underlying "L-3" base zoning district. In the event the property owner desires to develop the property in a manner that is in substantial non- compliance with Exhibit "D", this Panned Unit Development shall first be amended, pursuant to Section 2.01 of The Zoning Ordinance for the Town of Fountain Hills. PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 16th day of August, 1999. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: haron Morgan, Mayor 7 Cassie B. Hansen, Town Clerk REV WED BY: APPROVED AS TO FORM: Paul L'Nordin, Town Manager William E. Farrell, Town Attorney Ordinance 99-23 Page 3 of 15 EXHIBIT "A" "L-3 P.U.D." Legal Description LOT 1 (L-3 P.U.D. A PART OF THE SOUTHEAST QUARTER OF SECTION 20 IN 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 INTERSECTION POINT OF THE NORTHERLY RIGHT OF WAY LINE OF SHEA BOULEVARD AND THE EASTERLY RIGHT OF WAY LINE OF PALISADES BOULEVARD, SAID POINT BEING SOUTH 68 DEGREES 23 MINUTES 31 SECONDS WEST A DISTANCE OF 1284.34 FEET FROM THE COMMON CORNER OF SECTIONS 20, 21, 28 AND 29, SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 30.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 10 DEGREES 27 MINUTES 15 SECONDS EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE AND SAID RIGHT OF WAY OF PALISADES BOULEVARD THROUGH A CENTRAL ANGLE OF 77 DEGREES 42 MINUTES 23 SECONDS AN ARC LENGTH OF 40.69 FEET TO A POINT OF REVERSE CURVE, SAID CURVE BEING CONCAVE WESTERLY AND HAVING A RADIUS OF 850.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 67 DEGREES 15 MINUTES 08 SECONDS EAST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05 DEGREES 11 MINUTES 39 SECONDS AN ARC LENGTH OF 77.06 FEET; THENCE NORTH 27 DEGREES 56 MINUTES 31 SECONDS WEST A DISTANCE OF 255.41 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 645.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 56 DEGREES 42 MINUTES 20 SECONDS AN ARC LENGTH OF 638.36 FEET TO THE POINT OF BEGINNING; THENCE NORTH 28 DEGREES 45 MINUTES 49 SECONDS EAST A DISTANCE OF 168.50 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 5228.45 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11 DEGREES 59 MINUTES 07 SECONDS AN ARC LENGTH OF 1093.70 FEET; THENCE DEPARTING PALISADES BOULEVARD SOUTH 39 DEGREES 25 MINUTES 44 SECONDS EAST A DISTANCE OF 1040.00 FEET; THENCE SOUTH 04 DEGREES 00 MINUTES 41 SECONDS WEST A DISTANCE OF 425.00 FEET; THENCE SOUTH 71 DEGREES 19 MINUTES 44 SECONDS WEST A DISTANCE OF 966.00 FEET; THENCE NORTH 29 DEGREES 50 MINUTES 32 SECONDS WEST A DISTANCE OF 440.62 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 23.03 ACRES MORE OR LESS Ordinance 99-23 Page 4 of 15 EXHIBIT `B" O.S.R. (TRACT "A") "OSR" Legal Description A PART OF THE SOUTHEAST QUARTER OF SECTION 20, A PART OF THE SOUTHWEST QUARTER OF SECTION 21, A PART OF THE NORTHWEST QUARTER OF SECTION 28 AND A PART OF THE NORTHEAST QUARTER OF SECTION 29, ALL IN TOWNSHIP 3 NORTH, RANGE 6 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION POINT OF THE NORTHERLY RIGHT OF WAY LINE OF SHEA BOULEVARD AND THE EASTERLY RIGHT OF WAY LINE OF PALISADES BOULEVARD, SAID POINT BEING SOUTH 68 DEGREES 23 MINUTES 31 SECONDS WEST A DISTANCE OF 1284.34 FEET FROM THE COMMON CORNER OF SAID SECTIONS 20, 21, 28 AND 29, SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 30.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 10 DEGREES 27 MINUTES 15 SECONDS EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE AND SAID RIGHT OF WAY OF PALISADES BOULEVARD THROUGH A CENTRAL ANGLE OF 77 DEGREES 42 MINUTES 23 SECONDS AN ARC LENGTH OF 40.69 FEET TO A POINT OF REVERSE CURVE, SAID CURVE BEING CONCAVE WESTERLY AND HAVING A RADIUS OF 850.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 67 DEGREES 15 MINUTES 08 SECONDS EAST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05 DEGREES 11 MINUTES 39 SECONDS AN ARC LENGTH OF 77.06 FEET; THENCE NORTH 27 DEGREES 56 MINUTES 31 SECONDS WEST A DISTANCE OF 255.41 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 645.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 56 DEGREES 42 MINUTES 20 SECONDS AN ARC LENGTH OF 638.36 FEET; THENCE DEPARTING PALISADES BOULEVARD SOUTH 29 DEGREES 50 MINUTES 32 SECONDS EAST A DISTANCE OF 440.62 FEET; THENCE NORTH 71 DEGREES 19 MINUTES 44 SECONDS EAST A DISTANCE OF 966.00 FEET; THENCE NORTH 04 DEGREES 00 MINUTES 41 SECONDS EAST A DISTANCE OF 425.00 FEET; THENCE NORTH 39 DEGREES 25 MINUTES 44 SECONDS WEST A DISTANCE OF 1040.00 FEET TO A POINT OF COMPOUND CURVE ON THE EASTERLY RIGHT OF WAY LINE OF PALISADES BOULEVARD, SAID CURVE BEING CONCAVE WESTERLY AND HAVING A RADIUS OF 1090.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 73 DEGREES 13 MINUTES 18 SECONDS EAST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09 DEGREES 12 MINUTES 54 SECONDS AND ARC LENGTH OF 175.31 FEET; THENCE DEPARTING PALISADES BOULEVARD, SOUTH 39 DEGREES 25 MINUTES 44 SECONDS EAST A DISTANCE OF 2400.19 FEET; THENCE SOUTH 05 DEGREES 04 MINUTES 13 SECONDS EAST A DISTANCE OF 177.77 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SHEA BOULEVARD; THENCE SOUTH 84 DEGREES 55 MINUTES 47 SECONDS WEST ALONG SAID LINE A DISTANCE OF 815.29 FEET, TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 11681.16 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05 DEGREES 23 MINUTES 02 SECONDS AN ARC LENGTH OF 1097.64 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 36.64 ACRES MORE OR LESS Ordinance 99-23 Page 5 of 15 EXHIBIT "C" Rezone Map P Ordinance 99.23 Page 6 of 15 IN 0 EXHIBIT "D19 rz rx Z Concept Site Plan Sections and Elevations 41.*. 1.,- qP � � �: :ter �.'�� Ordinance 99-23 Page 7 of 15 ? ic I i Cy t-- I AN 20 4' 3 4' L Ain,Anc 00 -1 Page 9 of 15 c =s O -77 � xx u £� Ordinance 99-23 Page 10 of 15 tee: F] 9 Fq : m Ordinance 99-23 Page 11 of 15 • PE Ordinance 99-23 Page 12 of 15 0 Ordinance 99-23 Page 13 of 15 M 9 m Ordinance 99-23 Page 14 of 15 N Ai 7C rt t Ir -�S- -- � --;* nl�-_Mq - - "Fl, NtW .R27-4-1 th Z7 " ma-, --t, M I ,_2 ix - st 4 40. 4 Ri t Z7,71 EW • FM5, art., jr- Et, F%116 ;A91 Io, AA _kNo. 7:2 I. -, -Z-V- -1 Oc ... 1%4 J.7 Lv m 1Y lam, 46% Ll r-*3" 114 tg ftA no wi;e ign, A; flit.{. et! T AL •VT MI-EMEt- Page 1 of 1 Ruhling, Denise From: Ruhling, Denise Sent: Thursday, January 02, 2003 8:19 AM To: 'Mjsmithsrl @cs.com' Subject: .:;F: Planning Meeting for Hotel Site Mike: The Planning & Zoning Commission will hear this case at Public Hearing onn Thursday. January 23. 2003 at 6:30 pm. It will then proceed to the Town Council for public hearing on Thursday. February 20, 2003 at 6:30 p.m. I appreciate your comments in regards to the feasibility of this project Just a reminder that the Hotel/Resort has already received approval. The new application is tc- -,zone the area that was previously approved for 72 casitas to allow 71 residential units. I will keep this correspondence on file for future reference and as a point of record for concern. Thank you, if you have any quesn.,ns please let me know. Denise -----Original Message ----- From: Mjsmithsrl@cs.com [mailto:Mjsmithsrl@cs.com] Sent: Wednesday, January 01, 2003 5:20 PM To: Ruhling, Denise Subject: Planning Meeting for Hotel Site Denise, Can you please tell me when the planning meeting is for the Hotel's request to add residential to the project. I have been unable to find a date in the paper. Has the developer submitted any kind of study that shows what the impact of removing 72 hotel rooms from the original plan will have. I have talked to people who plan conventions and they tell me that companies don't want to have their people at more than one hotel because of the cost. Further, they tell me that they don't want golf and other activities at different locations because it adds to the cost. This hotel will have to compete with whatever the indians build on their land. They have a great golf course, a casino, and lots of vacant land. I just don't see this little hotel (which will now have 72 less hotel rooms) being able to make a dent in the convention market. If I am right, one of two things will happen. First, the developer will admit that it can't work right after they breakground for the houses. Second, the hotel will flop and our home values will drop because of being next to something that is a flop. It may even be a partically completed flop. I hope the city is thinking about this kind of thing and demanding a study from a good market research company. I owned a company that did this kind of study for years and I can tell you there are a number of them out there that will put their stamp of approval on anything as long as they get a check. We need to use good judgement because we will end up with it. Logic says this thing would have a hard time making it as it is-.:rrently zoned - even their investors admit that. It is going to have a much more difficult time on,.,, -ey have converted 72 rooms to residential. Look at the number of sq ft of convention space per remaining room and compare it with the other convention hotels in the area. This is a joke. One that I don't want to have to live with. Mike Smith 1/2/2003 Page 1 of 1 Baxter, Janice From: Mathiesonhelen@aol.com Sent: Thursday, January 30, 2003 2:35 PM To: Community Development Subject: Fountain Hills Resort TO: Planning & Zoning Department FROM: Helen & Jack Mathieson, Westridge Village, Lot 59 We would like to voice our opposition to the rezoning of the "Fountain Hills Resort" property. We understand and approve of the resort being built on this propery, but strongly oppose allowing the additional 9.1 acres to be used . This property was not originally designated for this use. Some of our concerns are: noise, blocking of views, traffic flow, light intrusion, affect on property values in the area, and taking away our open space concept. Please reconsider before it is too late! Sincerely, Helen & Jack Mathieson 1/30/2003 Page 1 of 2 Ruhling, Denise From: Ward, Tom Sent: Tuesday, February 04, 2003 4:30 PM To: Ruhling, Denise Subject: FW: Concerns re. Fountain Vista Properties General Plan Amendment Denise, Here's another, Tom -----Original Message ----- From: Ciccarone, Mike Sent: Tuesday, February 04, 2003 8:19 AM To: 'dward@fh.az.gov' Subject: Concerns re. Fountain Vista Properties General Plan Amendment To: Tom Ward, Director of Public Works Re.: Proposed Amendment to Fountain Vista Properties Development Plan Dear Director Ward, As new residents of Fountain Hills and homeowners in the Westridge Village complex, we shocked to learn that the Planning and Zoning Commission approved the recent proposed amendment submitted by Fountain Visa Properties during your meeting on January 23. While we support any development of the surrounding area that will contribute positively to the growth of Fountain Hills and to the revenue of the town, we strongly object to the amendment presented — and approved - at the meeting. Passage of the amendment is particularly perplexing, since the Town of Fountain Hills Community Development staff strongly recommended AGAINST rezoning of the additional 9.91 acres of land. Our objections are based on the following: • The amendment as presented is in direct violation of Fountain Hills Hillside Protection requirement. Fountain Hills has pledged to protect our natural topography as our town expands. For the Planning and Zoning commission to grant a waiver on such an important point not only bodes ill for our immediate community, but for the town as a whole. How many other such "waivers" will be granted in future? The increased density of this rezoning (50% lot coverage versus the approved 25%), coupled with the waiver of the Hillside Protection requirement, greatly impacts the development. The amendment changes zoning from the previously approved "lodging" plan, to "multi -family high density." Gone are the proposed 72 high -end casitas, up go 71 multi -family town homes for rent. Gone are the 8.53 acres previously approved as a Hillside Protection Easement. The most obvious ramification of such a violation beyond the environmental impact is the toll it would take on the surrounding properties, including the potential for decreased property values. This impact can and will have a ripple effect on other properties in the area since values are driven in large part by comps. • The increased density will also impact noise and traffic flow, and parking requirements would be 2/4/2003 Page 2 of 2 vastly different from the original plan. Such a change would also likely necessitate additional entry points into the development. It is nothing short of astonishing to us that the Planning and Zoning commission approved the amendment before ensuring that a traffic flow study to determine impact was completed. The developer is proposing a "phased construction", beginning first with the multi -family residential areas. It has come to our attention that there is no written agreement between the Hilton and Fountain Vista Properties regarding the proposed resort — to be constructed a full year later, according to the developer. Word is that Hilton may manage the property, but is not putting any money into the project. Who is running this project? Without any financial risk involved, Hilton has no vested interest in monitoring the development. What guarantee does the community have regarding remaining development of the land if the Hilton plan should fall through? Are we then looking at a mass building of high -density condos and apartments — hardly a benefit to the community or to the community or the town as a whole. It is the role of the planning and zoning commission to act in the best interest of town residents. We do not see how any development that could lower the property value of its neighbors, create unnecessary noise and traffic while also destroying valuable open space, can be viewed as in the best interest of our community. Considering the fact that the Fountain Hills Community Development staff recommended against passage of this amendment, we are amazed and distressed that the Planning and Zoning Commission passed such a measure, without further study. We have made our concerns known to the City Council in hopes that they will take appropriate action at the upcoming February meeting. �w Sincerely, David C. McCann Susan J. Fallon 15203 E. Vista Drive, Fountain Hills, Az 85268 Tel: 480.816.1530 Susan Fallon Fallon Communications Phone: 602.448.3816 susanjfallon@yahoo.com Do you Yahoo!? Yahoo! Mail Plus - Powerful. Affordable. Sign up now 2/4/2003 A Scottsdale Area Hospitality Project presented by Proposed Zoning Amendment Saturday, November 02, 2002 TOWN OF FOUNTAIN HILLS N O V 0 4 2002 COMMUNITY DEVELOPMENT DEPARTMENT Fountain Hills Resort A Minor General Plan Amendment and Rezoning Case in the Town of Fountain Hills, Arizona General Location: The Site is within the L-3 Resort parcel located at the northeast corner of Palisades and Shea Boulevards Submitted by: Vladimir R. Hulpach Fountain Vista Properties L.L.C. 13014 North Saguaro Boulevard, Suite 202 Fountain Hills, AZ 85268 (480) 816-5523 fax: (480) 816-5966 e-mail: vladray@aol.com Applicant's Representative: Ed Reichenberg Stanley Consultants Inc. 2929 East Camelback Rd. Suite 130 Phoenix, AZ 85016 (602)912-6579 fax(602)912-6599 e-mail reichenberged@stanleygroup.com Architects: Peter Bourgois ASLA Browning Moore Associates Inc. 240 S. Montezuma, Suite 203 Prescott, AZ 86303 (928)777-8728 fax: (928)776-4652 e-mail pbourgois@browningmoore.com Submitted to: Town of Fountain Hills Community Development Department 16836 East Palisades Blvd. P. O. Box 17958 Fountain Hills, AZ 85269 Fountain Hills Resort Amendment Fountain Vista Properties L.L.C. Engineers/Surveying: Marlin "Butch" Larsen HTPO 16743 E. Palisades Blvd. Suite 203 Fountain Hills, AZ 85269 (480) 836-0535 fax: (480) 836-0575 GENERAL INTENT OF THE PROPOSED DEVELOPMENT PREFACE: The existing plan for the Fountain Hills Resort, as located on Figure#1 (Site Vicinity Map), was zoned and platted in 1999. The site planners for Fountain Hills planned in advance for a resort in this location. The future surrounding residents were notified prior to their purchase of the impending resort and were comfortable with the advent of the zoning case. They were pleased with the quality of the proposed development. The zoning case was timely and the applicant was assured at that time by outside operators of the positive feasibility of the application submittal. The original proposal had issues that were resolved during the entitlement process. Cut and fill, intensity of use, parking, and egress points were all subjects carefully reviewed for aesthetics, safety and compatibility to the Fountain Hills dream. The Fountain Hills Resort with the help of the applicant's concept, the experienced consultants and operator's suggestions came up with a very high style proposal. The applicant's intentions are not only to adhere to the previous standards, but to exceed the previous plans. They plan to add extra value to increase the viability of the project while maintaining the general specifications as accepted in the past. PURPOSE OF REQUEST: The purpose of this request is to amend the previously planned land use to include a residential component allowing individual unit ownership. The current zoning is L-3 which allows for lodging, the amended R-4 use would allow for actual condominium sales. A significant effort has taken place by the applicant over the past three years to market the Resort as originally planned. Recently development of mega -resorts within 20 miles (2200 resort rooms between 3 properties alone opening by end of 2002), the September 11 aftermath in the hospitality industry in general and the lenders' absolute reluctance to finance any new lodging projects requires other preferred alternatives to develop this property. The applicants have been very diligent in their attempt to market the property and have been enjoying professional guidance from the project licensor, Hilton Hotels. The common desire by Hilton, as well as by venture partners and consultants calls for an alignment of a residential ownership with a traditional destination resort operation. Such mixed use development has become a must concept for any new upscale lodging projects nationwide. Examples from the Valley of the Sun include Arizona Biltmore, Pointe Resorts, The Phoenician and Four Seasons. For any of these properties, the residential component is the key to their operating survival. For the Fountain Hills Resort project, the residential component appears to be the key to its materialization. DESCRIPTION OF PROPOSAL: The previously approved plans do include 72 casita units yet the type of zoning (L-3) does not allow a fee -simple unit sale. The request to amend the zoning at the center of the property is to facilitate various forms of ownership which are a mainstream in Fountain Hills Resort Amendment Fountain Vista Properties L.L.C. today's hospitality market (from timeshares through fractional ownerships to outright resort -type home ownerships). The actual number of the newly proposed villa units is 71 (one unit less than before), and the location of the villas is similar as before. A slightly larger area is needed to accommodate the larger proposed units. The massing of the units is similar to before. The parking will be coordinated, as before, to facilitate easy access to both the resort and the residential villas. Since a fair percentage of the units is expected to be managed by the resort operator (through a rental pool agreement), a two-way access is enabled: for the villa residents to enjoy the resort amenities, for the resort personnel to service the units. For that purpose also, the proximity and architectural integrity of the lodging and residential components are crucial to achieve the feel of a uniform resort complex. The actual L-3 outer boundary area (Lot 1 — 23.03 acres) will be left as is, the proposed R-4 area replaces 9.91 acres of the L-3 area. The OSR area (Tract "A" — 36.64 acres) will be left as is. The proposed R-4 area will be highly buffered from the nearest neighbors by OSR areas both as part of the Fountain Hills Resort and the OSR area provided by the residential development to the north. See Figure#2 (Approved Development Plan) for a detailed picture as approved in the past. Figure#3 (Proposed Development Plan) details the proposed amendment. RELATIONSHIP TO SURROUNDING PROPERTIES: The applicant has provided a detailed site plan showing the location of the proposed units (Figure#3). The distance to the hotel has only slightly been decreased due the enlargement of the casitas. The configuration of the villas has been sensitively designed to provide a great appeal from the outside far -views and to reduce monotony of close -in views. Garages are provided for each unit, each oriented with varying angles to enhance interior drives. In turn the variation of the garages and the sensitive detailing of the units have allowed a spectrum of attractive of entry details. The most affected surrounding use may be considered the actual resort. As stated above, the operators very experienced in the development of resorts have been the instrumental force in requesting this amendment. Using the setbacks required by the Town of Fountain Hills, 90-feet, there is then a substantial buffer for the owner -occupied units to allow for needed comfort and convenience. Other neighbors are less affected by the proposal. The impact on neighborhood was addressed with the previous proposal which enjoyed a rare support from the local community. A recent aerial photograph (Figure#4 — Arial Vicinity View) shows the recent development of the vicinity. Since the entitlement of the Fountain Hills Resort, several new developments have occurred. Numerous homes, commercial centers and added improvements impacted the neighborhood. The neighbors to the south (at Shea Blvd. — Firerock Country Club), neighbors to the east (planned Palatial Estates) and to the west (Crestview) will hardly sense a change in the project scope. The neighbors to the north (Westridge Village) will be impacted to a slight degree with the appearance of the mountain mass south of them. All of their open -space views (south across Shea Blvd., including Mesa city lights) will remain unobstructed. A demonstration of the new situation by means of a photosimulation will be presented to the neighborhood at a meeting planned for mid December. The presentation will also be available for a review by staff, P&Z Commission and Town Council. Fountain Hills Resort Amendment Fountain Vista Properties L.L.C. LOCATION AND ACCESSABILITY: As stated above and detailed in Proposed Zoning Map (Figure #5), the proposed R- 4 site is located within the previously zoned L-3 site. Access will be as before via the main entry drive that was carefully designed and located via a traffic and sight line engineering study. Within an adequate stacking distance a circle with monumentation has been designed to direct hotel users to the hotel, and R-4 residents to their proper drive. Extra drives will be designed within the proposed R-4 area This allows for greater frontage to the proposed units so as to provide safer entry and access points, aesthetic design details and landscape buffering. Each of these drives and outside parking areas has been designed to create traffic calming, safe parking maneuvering sight lines, and aesthetic access to the luxury casita units. DEVELOPMENT SCHEDULE: It is the intent of the applicant to develop the resort and the casitas in a concurrent fashion. The proposed amendment will accelerate the actual critical start dates. Immediately following the approval of the zoning amendment, vertical construction documents should be commenced by DFD Architecture (the largest commercial architects in Arizona), with an expected submittal to the Town of FH within 4 months from the approval date. Actual ground -breaking as per the already approved site and engineering plans (off -site improvements, grading etc.) should occur by June, 2003. Fountain Vista Properties is ready to enter into a Development Agreement with the / Town of Fountain Hills to ensure the entitlement and development of the Resort and its Residential Component according to the mutual desire. CIRCULATION SYSTEM: The circulation system to the R-4 area will be similar to the previous plans, keeping in place the loop circulation system connecting the entry and auxiliary exit points at Palisades Blvd. The main entrance will be as before, but as mentioned above, has been amended to provide both calming and distinct separation. Additional access routes will be provided for added access to the units. Individual drives will be directed in a variety of angles to add appeal and safety. COMMUNITY FACILITIES AND SERVICES: The impact on community facilities and services will be increased slightly by the future casita residents -owners. They will shop for more permanent products, they will frequent a greater variety of stores in the area, and they will be more a part of the community itself. Police, fire and refuse services should not be affected by a different type of use of the casitas. There should be similar demand, if not lower, as anticipated with the original approval. There is even an expectation of a more "orderly behavior" of the residents due to the vested interest in their properties they will have under the new concept. School services may be slightly impacted depending on the future residents. It is generally presumed that most of the future residents will not be year-round. Less than permanent residents, those using the property as a second home will not typically add to a student population. Fountain Hills Resort Amendment Fountain Vista Properties L.L.C. The applicant and the operators are considering different types of sales scenarios. The choice between year-round, fractional and vacation ownership sales shall be made according to the outcome of the market and feasibility studies currently performed by most renowned international hospitality consultants. PUBLIC UTILITIES AND SERVICES: Use of public utilities and services will slightly increase. Access to utilities has been very favorable (taps on Palisades Blvd.) and proper servicing of the whole resort complex does not represent any major challenge. A more detailed layout shall be provided by project civil engineers upon a site plan submittal. It is generally expected to have more plumbing per each residential unit, due to the added square footage of units and actual addition of plumbing fixtures. There will be potentially a similar amount of users as previously planned, so the actual increased demand on services may be hard to quantify until the actual users allow for a real -picture analysis. DRAINAGE: Drainage solutions are apparent due to the topography of the site and the two washes traversing the whole 60-acre property. More than half of the property is in an OSR zone that is left the same as before. The approved system from the past will be enhanced to accommodate the project modification. The drainage system will be designed by the project civil engineers and will accommodate the solutions as per enclosed letter by civil engineers. OTHER INFORMATION ON THE RESIDENTIAL COMPONENT: Composition: The newly proposed Residential Component proposes 71 residential units which is one unit less than the originally planned and approved casitas, yet the unit size has increased to 1,600 to 2,350 square feet. The unit size and shape varies across the site with the objective to optimize it to the natural terrain's topography. For a more detail comparison of the unit count and size, please refer to Figure #6 — Unit & Parking Comparison Overview. Sections: Proposed Section and Elevations (Figure #7, Section A -A) details how the units are designed to fit within the needed 30-foot height requirements. Cut and fills as previously agreed to will be maintained throughout the entire development. Architectural Styles and Theme: The architecture of the "amended" units will be compatible to the resort. The elevations provided in Figure #7 may be modified along with the final design for the Resort, to be decided between the project owner and DFD Architecture (a signature design currently under process). The theme of the landscaping, color choices, site architecture and fixtures will be carried throughout the whole development. Previously proposed details and architectural features that were approved will be consistent with the amended plan. Fountain Hills Resort Amendment Fountain Vista Properties L.L.C. Proposed Floor Plans: T -e will be a wide variety of unit types provided. Proposed Floor Plans (Figure #8) detai tit floor options. Different sizes, bedroom combinations and orientations will add value . the development, the neighborhood and the marketability. Parlang: g here will be additional parking spaces needed due the new type of casita/villa units. Previous casitas required 1.75 space per unit, the amended villa units will require 2.25 spaces per unit. The total difference due to the plan modification will be 94 spaces (see Unit & Parking Comparison Overview — Figure #6). Fountain Hills Resort Amendment Fountain Vista Properties L.L.C. FOUNTAIN HILLS RESORT & VILLAS LIST OF FIGURES Site Vicinity Map Figure # 1 Approved Development Plan Figure #2 Proposed Development Plan Figure #3 Aerial Vicinity View Figure #4 Proposed Zoning Plan Figure #5 Unit & Parking Comparison Overview Figure #6 Proposed Section and Elevations Figure #7 Proposed Floor Plans Figure #8 '• �_-- 61C�tan twLmat�y � Qezx walm r V�( j 00_ F/�/,vc� - NAM1VFtVYl01 • - - Oa i s �4� t_ aos aocwwopl, = " 'tia aw. rig r :id L� tx ` i as 31I .M Ttpta}s o' o. py �Otl .t20NSla� WHOMST13 i R i ; 1 ¢' S3MVHOH'Y, g•:-S3MVNwvvhssos n �+, -.;, "tom (� =7 of a '' -g py i -...\ :- Otl i 1 _ us]�r`''" =¢1 G \ t�r� 1 on'o 0.n 2 - f�-3t t�--��1 -- T_-(- i ' Qam o' iti33auo I , adj-A3idtlis ? m - -lay c° ,v Di -A. -6; CC- , o ub ii Mv i1a , 13AV,. of f '0y � °_" ( ; '� i ad c i 10y0t 3s i : W N NON N08800�d ' L I ; { -1- VM d t ar _ : l7a dt o o - 4i,•:+�` - ' at �L'~ O 1y g VWI `r ' N}• �9 _ _ '� � ' � _, __ :Q-fc_�� J.__ cy an I gl I I n!' 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LHOSBU STIIH Niv.LNno=i 9— — 81$5 c jO c 133I9 8 10v / ncicw-zoaE i / a a LK� / 1 101 \ V 13vul ors„ =, ('irNa LN�Y3 LLH��-NON WT7lB1 Qi1' 13Afl LI>�Ii nlflBHt yqB - k -t.�5 wry :(t t 101 .lef C36) L9'BSN3.a as WVL MdW INWOM NCYOiIdY a3mN I id-ld -1dNH iHOS�IH S-nlH NiViNno:j LL ('irNa LN�Y3 LLH��-NON WT7lB1 Qi1' 13Afl LI>�Ii nlflBHt yqB - k -t.�5 wry :(t t 101 .lef C36) L9'BSN3.a as WVL MdW INWOM NCYOiIdY a3mN I id-ld -1dNH iHOS�IH S-nlH NiViNno:j LL 9 W =a �i •i �,. FOUNTAIN HILLS RESORT A PORTION OF SEC. 20, 21, 28 do 29. T 3 N, R 6 E. G&SRB&M MARICOPA COUNTY, ARIZONA FOUNTAIN HILLS, ARIZONA �, Scale in feet 0 400 800 1,200 S H E A ......... SCALE: 1 " = 400' BtVD. PARCEL AREA RESORT AREA 571,669.15 SQ FT (13.12 ACRES) R-4 AREA 431,781.61 SQ FT 9.91 ACRES TRAM A 1,592,059.61 SQ FT (36.55 ACRES) TRAC 3 3,397.79 SQ FT ( 0.78 ACRES Proposed Zoning Plan Figure 95 't z O O ch h O .z C�f c4 c = U c � C Y 0 LL Q- � h O N h N Or v, o (x O O O 'C i L _ N N C � = l0 00 h N ^ h O O O v IQ o� p v con L*n = O cG ct ? cC _ O = U tc _ 0 o ca o 0 0 0 U a� CL t U O O� d\ �7 h h a O N .p � O >, Nt O It It C i i p d N_ a� p d z 'r '= i a bD Y � o 7E = O O L O gyp. C c C � O .� U> O c. i- O C/) c/) � O F to vL. Q a� tw U on r L O C/O L 7 C/] M O. O C/) O as Unit & Parking Comparison Overview Figure #6 mmuo _ xv$axs i I 1 , 1 I 1? I> �s 12 1� l� Ir l� I 1 3 I 11 1 1 55 I 1 1 � � I - 1 1 1 ! X 1 I 1 1 1 I 1 1 -- I "= I w I & S 1 � 1 � — 1 I I 2 �$ I� I I,R� 12 If 1^ IS J 1 � 1 cn m I 1 > e I 1 > `d O O (D a 0 �O CD 00w 41 i J_ Previously Approved OT5 D. z 0 0 CL 44 ................... "» � i � it T �� e • �1I e4 f k: N bA �J Oc m �J E�g EN: 0U4 J 41 F L TOWN OF FOUNTAIN HILLS PLANNING & ZONING TOWN COUNCIL MEMO TO: Mayor Beydler and Town Council DT: February 20, 2003 FR: Denise Ruhling, Planner RE: Development Agreement Between the Town of Fountain Hills and Fountain Vista Properties LLC Several Councilpersons and Staff members have inquired as to the history of Hillside Protection Easement purchases. The Town of Fountain Hills has, in the past, approved purchase of the Hillside Protection Easement for development purposes. The following is an indication of the development, amount of land and purchase price. Total Total HPE Total Purchase Price Development HPE in in Square Purchase per Square Foot Acres Feet Price of HPE Southwest Inn @ Eagle .69 acres 30,056 $30,000 $.998 Mountain (2001) square feet per square foot Desert Vista Place Condos .097 acres 4,233.9 $4,233.90 $1.00 (2002) 1 square feet per square foot Barclay Group (Target 3.8861 169,278.51 $125,000 $1.354 Site) (2001) acres square feet I per square foot Town of Fountain Hills Town Council Agenda Action Form 1Vleetin'g Tjpe:: Regular Meeting Meeting Date: 2/20/03 Sub ntittang Department: Community Development Contact Person: Denise Ruhling, Planner Cotsont:❑ Regular:® Requesting Action:;® Tvne of Document Needing AiDvrovaU(Check all that apnl ® Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Development Agreement Couneil Priority. (Check Amt"66nat&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 Reatilar;Ajaenda Wording; Public Hearing to receive comments on Ordinance #03-06 to allow rezoning from Rl-43 to C-2 on Lots 5 and 6, Final Plat 412-B located at 19000 East Shea Boulevard, including a request for the abandonment of the non -vehicular access easement on the Shea Boulevard frontage and the dedication of a new non -vehicular access easement on Firebrick Drive. Case Number Z2002-12. Consideration of Ordinance #03-06 to allow rezoning from R1-43 to C-2 on Lots 5 and 6, Final Plat 412-B located at 19000 East Shea Boulevard, including a request for the abandonment of the non -vehicular access easement on the Shea Boulevard frontage and the dedication of a new non -vehicular access easement on Firebrick Drive. Case Number Z2002-12. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: This request is for Consideration of an application to Rezone Lots 5 and 6, Block 6, Final Plat 412-B, located at 19000 East Shea Boulevard, east of Cereus Wash between Shea Boulevard and Firebrick Drive; and includes a request for the abandonment of the non -vehicular access easement (N.V.A.E.) on the Shea Boulevard frontage and the dedication of a new non -vehicular access easement (N.V.A.E.) on Firebrick Drive. opposition letters, maps. Ordinance #03-06, Staff Report, Engineering Memo, applicant narrative, Powerpoint Signatures of Submitting Staff: A Department Head Budget Review (if item not budgeted or exceeds budget amount) Town Manage Y / Designee ORDINANCE NO. 03-06 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE OFFICIAL ZONING DISTRICTS MAP OF THE TOWN OF FOUNTAIN HILLS, ARIZONA BY DESIGNATING + 2.61 ACRES OF LAND ALONG SHEA BOULEVARD FROM THE "R1-43" SINGLE FAMILY ZONING DISTRICT TO THE "C- 1" NEIGHBORHOOD COMMERCIAL AND PROFESSIONAL ZONING DISTRICT. 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, including the "Official Zoning District Map"; and WHEREAS, the Mayor and Town Council (the "Town Council") has determined that it is desirable and appropriate that + 2.61 acres of land located along Shea Boulevard, as more particularly described and depicted on Exhibit A, attached hereto and incorporated herein by reference (the "Property"), be rezoned from R143, Single Family Zoning District, to C-1, Neighborhood Commercial and Professional Zoning District; and WHEREAS, the rezoning contemplated herein is consistent with the land use established for the Property by the 2002 Town of Fountain Hills General Plan; and WHEREAS, pursuant to Axrz. REv. STAT. § 9-462.04, Public Hearings were advertised in the January 8, 15, and 15, 2003 editions of the Times of Fountain Hills and such hearings were held by the Fountain Hills Planning & Zoning Commission on January 23, 2003 and by the Town Council on February 20, 2003. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HELLS, ARIZONA as follows: SECTION 1. That the "Official Zoning District Map" is hereby amended to change the zoning district designation of the Property from R1-43, Single Family Zoning District, to C-1, Neighborhood Commercial and Professional Zoning District. SECTION 2. If any provision of this Ordinance is for any reason held by any court of competent jurisdiction to be unenforceable, such provision of portion hereof shall be deemed separate, distinct and independent of all other provisions and such holding shall not affect the validity of the remaining portions of this Ordinance. 9196.01 Mider rezone.ord.doc 3-10.03-1 PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, February 20, 2003. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Jol/m. Beydl , Mayor / VIEW Tim G. Pickering, Town Manager 9196.01 Mider rezone.ord.doc 3-10-03-1 Bevelyn Bender,16wn Clerk APPROVED AS TO FORM: Andrew J. cGuire, Town Attorney ORDINANCE NO. 03-06 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE OFFICIAL ZONING DISTRICTS MAP OF THE TOWN OF FOUNTAIN HILLS, ARIZONA BY DESIGNATING + 2.61 ACRES OF LAND ALONG SHEA BOULEVARD FROM THE "R1-43" SINGLE FAMILY ZONING DISTRICT TO THE "C- 1" NEIGHBORHOOD COMMERCIAL AND PROFESSIONAL ZONING DISTRICT. 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, including the "Official Zoning District Map"; and WHEREAS, the Mayor and Town Council (the "Town Council") has determined that it is desirable and appropriate that + 2.61 acres of land located along Shea Boulevard, as more particularly described and depicted on Exhibit A, attached hereto and incorporated herein by reference (the "Property"), be rezoned from R1-43, Single Family Zoning District, to C-1, Neighborhood Commercial and Professional Zoning District; and WHEREAS, the rezoning contemplated herein is consistent with the land use established for the Property by the 2002 Town of Fountain Hills General Plan; and WHEREAS, pursuant to ARIZ. REv. STAT. § 9-462.04, Public Hearings were advertised in the January 8, 15, and 15, 2003 editions of the Times of Fountain Hills and such hearings were held by the Fountain Hills Planning & Zoning Commission on January 23, 2003 and by the Town Council on February 20, 2003. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA as follows: SECTION 1. That the "Official Zoning District Map" is hereby amended to change the zoning district designation of the Property from R1-43, Single Family Zoning District, to C-1, Neighborhood Commercial and Professional Zoning District. SECTION 2. If any provision of this Ordinance is for any reason held by any court of competent jurisdiction to be unenforceable, such provision of portion hereof shall be deemed separate, distinct and independent of all other provisions and such holding shall not affect the validity of the remaining portions of this Ordinance. 9196.010\Riderrezone.ord.doc 3-10-03-1 PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, February 20, 2003. FOR THE TOWN OF FOUNTAIN HILLS: Jon M REkWIERA: V .�) c.. V Tim G. Pickering, Town Manager 9196.01Miderrezone.ord.doc 3-10-03-1 ATTESTED TO: Bevelyn Ben*,164n Clerk APPR VED AS TO FORM: Andrew J. M Guire, Town Attorney EXHIBIT "A" iP0 oD RaQ G, Ordinance 01-17 Page 4 of 4 EXHIBIT "A" F Ordinance 01-17 Page 4 of 4 TOWN OF FOUNTAIN HILLS PLANNING DEPARTMENT STAFF REPORT TO: Mayor Beydler and Town Council DT: January 10, 2003 FR: Jesse Drake, AICP: Interim Director RE: Ordinance #03-06 and a Request to rezone Community Development �� from R1-43 to C-2 and Easement Abandonment/Dedication. Case no. Z2002-12 This request is for consideration of an application to Rezone Lots 5 and 6, Block 6, Final Plat 412- B, located at 19000 East Shea Boulevard, east of Cereus Wash between Shea Boulevard and Firebrick Drive; and includes a request for the abandonment of the non -vehicular access easement (N.V.A.E.) on the Shea Boulevard frontage and the dedication of a new non -vehicular access easement (N.V.A.E.) on Firebrick Drive. APPLICANT: SheaProp LLC/Rider Land & Development LLC. OWNER: Stephen J. Ventre, Donald & Juanita Gheens, Schiller Family Trust EXISTING ZONING: R1-43 PROPOSED ZONING: C-2 EXISTING CONDITION: Vacant Land LOT SIZE: 113,691.60 SF (2.61 acres) SURROUNDING LAND USES AND ZONING: NORTH: Vacant land, zoned "C-2" SOUTH: Single family residential, zoned "R143" EAST: Crossroads Convenience Center, zoned "C-2" WEST: Vacant land, zoned "R1-43" with Firerock Resort Casitas beyond, zoned "R-5" SUMMARY: The applicant is requesting approval of an application to rezone the two adjacent vacant lots from R1- 43, single family residential/one acre per dwelling unit, to C-2, intermediate commercial zoning; and is also requesting the abandonment of the non -vehicular access easement (N.V.A.E.) on the Shea Boulevard frontage and dedication of a new non -vehicular access easement (N.V.A.E.) on Firebrick Drive. The zoning ordinance describes the principal purpose of the C-2 zoning district is to provide for the sale of commodities and the performance of services and other activities in locations for which the Kiel r Shc, Ruonc 200 y.doc Page 1 o(. 7 market area extends beyond the immediate residential neighborhoods. The applicant is proposing to construct a one-story office -commercial project on the two lots. The Town Council voted to amend the Town's General Plan to reflect commercial uses on the property on August 6, 1998. The General Plan 2002 update that was adopted June 20, 2002 also indicates General Commercial on the Existing Land Use map (Exhibit 3) and shows General Commercial/Retail on the Proposed Land Use map (Exhibit 4). The General Plan 2002 text relates the requested C-2 zoning designation to a Generalized Land Use Designation of Service/Employment which is consistent with the proposed office/retail uses (page 14). The applicant proposes to construct a small-scale highway commercial project that will have approximately 20,600 square feet of leaseable space for retail and restaurant uses. The applicant is targeting intra-city commuters and hopes to provide business that will not compete with the local downtown retail traffic. As proposed, the project will not require any transfer of disturbance, density transfers or lot join requests. Cereus Wash will remain untouched. The proposed development would take all access from Shea Boulevard and would eliminate any rear access from Firebrick Drive by dedicating a non - vehicular access easement (N.V.A.E.) along Firebrick Drive. The dedication of the N.V.A.E would mean that no driveways would be allowed to enter or exit onto Firebrick, thus protecting the residential neighborhood to the south from all traffic generated by the project. The applicant is also proposing to plant a row of trees in the right-of-way on Firebrick Drive that would help to screen the proposed project and existing fast-food restaurants on the north side of Shea Boulevard for the homeowners directly south of the site. The project owner would maintain the trees. The existing businesses across Shea Boulevard from this location are Wendy's, Arby's, Taco Bell and an automotive repair facility. Further west on Shea Boulevard are partially and fully developed retail centers, motel and service stations and the regional shopping center, Four Peaks Plaza containing Target. The proposed project would be compatible with the existing Shea Boulevard regional commercial development and would not compete with the local business development in the Town Center. This request is the fourth request to rezone the property to Commercial uses. The chronology of the past applications follows: Chronological Accounting of Stuart Rider Rezoning Applications ❑ JULY 23,1998 — PLANNING AND ZONING COMMISSION ■ GPA98-01— General Plan Amendment Public Hearing and Consideration -Request to re -designate Plat 412B, Block 6, Lots 5, 6, and 7 from Single-Family/Very Low to General Commercial/Retail. Increased traffic and possible detraction from the downtown area were the concerns expressed by the Commission. Rider Shea Re/one 2tX) -doc Pa,c 2 of 7 The Commission recommended denial of the General Plan Amendment by a unanimous vote (5-0). ■ Z98-10 — Rezoning Public Hearing and Consideration Request to rezone Plat 412B, Block 6, Lots 5, 6, and 7 from "R1-43" to "C-3 PUD". No discussion. Item died for lack of a motion. ❑ AUGUST 6, 1998 — TOWN COUNCIL ■ GPA98-01 — General Plan Amendment Public Hearing and Consideration -Request to re -designate Plat 412B, Block 6, Lots 5, 6, and 7 from Single-Family/Very Low to General Commercial/Retail. Public comment centered on reduced property values, lighting issues from a retail center, the changing of the character of the neighborhood from residential to commercial, and traffic concerns. Staff (Jeff Valder, Planner) expressed concern regarding the over -abundance of commercially zoned lands, that efforts for development of commercial lots in the town center should be emphasized, and that uses not viable to the town center be considered for other commercial areas. Staff also pointed out that the retail center proposed would be taking access off Shea Boulevard and that the developer would be bearing the cost of improvements that would be necessary at that location. Members of the Council felt that the commercial area along Shea Boulevard would not infringe on the downtown development and that it was in the best interest of the town to ultimately rezone this property for commercial uses because of the increase in tax revenue that would be generated. It was also noted that specific concerns could be addressed when zoning changes were discussed. Resolution 1998-40 to re -designate Plat 412B, Block 6, Lots 5, 6, and 7 from Single- Family/Very Low to General Commercial/Retail passed by a unanimous (6-0) roll call vote. ❑ AUGUST 13, 1998 — PLANNING AND ZONING COMMISSION ■ Z98-10 — Rezoning Consideration -Request to rezone Plat 412B, Block 6, Lots 5, 6, and 7 from "R1-43" to "C-3 PUD". Applicant requested a reduction in the rezoning request from "C-3 PUD" to "C-1" (no re -noticing required) The Commission unanimously (4-0) voted to continue the item until a traffic study was done. Pidcr Sh ,l R'./, ❑ OCTOBER 22, 1998 — PLANNING AND ZONING COMMISSION ■ Z98-10 — Rezoning Public Hearing and Consideration -Request to rezone Plat 412B, Block 6, Lots 5, 6, and 7 from "R143" to "C-1". Increased traffic was cited as a concern, as well as the impact to surrounding residential property owners by having a commercial development so close to them. It was brought up that the "C-1" zoning uses were not consistent with "highway retail" type of commercial that would normally be seen in an area with high traffic volume. It was pointed out "C-1" uses should be in the town center where they were generally more aesthetically appealing and that the types of uses in a "C-3" zoning district would not be allowed if the zoning was changed to "C-1". The Commission recommended a denial of the rezoning request by a 6-1 vote. ❑ NOVEMBER 5,1998 — TOWN COUNCIL ■ Z98-10 — Rezoning Public Hearing and Consideration Request to rezone Plat 412B, Block 6, Lots 5, 6, and 7 from "R1-43" to "C-1". Staff (Jeff Valder, Community Development Director) said that the town had received a significant number of phone calls, petitions, and letters of opposition to the proposed rezoning. Mr. Valder suggested that, because the town center was a high priority for commercial development and given that the town had an over- abundance of commercially zoned land, it would be prudent to wait on this rezoning request until the town center development was completed. Randy Harrel informed the Council that the traffic study showed that there would be no significant traffic impact to the area and that a traffic signal would not be necessary. The public's concerns were related to the affect the commercial development would have on the surrounding residential neighborhoods. Members of the Council agreed with the Planning and Zoning Commission's recommendation concerning the timing of the development and the viability of the downtown area if this rezoning were approved at this time. It was pointed out that most of the "C-1" uses did not require high traffic areas. Other members of the Council in favor of the rezoning stated that there would be an increase in sales tax revenue and that the downtown area was a different market than the Shea Boulevard location and would not be impacted by the Shea development proposed. Town Council denied the rezoning request by a vote of 5-2. ❑ DECEMBER 9,1999 — PLANNING AND ZONING COMMISSION ■ Z99-23 - Rezoning Public Hearing and Consideration -Request to rezone Plat 412B, Block 6, Lots 5 and 6 from "R1-43" to "C-1". The Commissioners discussed whether the General Plan should have been amended. Some of the Commissioners thought that the original designation was correct, and others thought that the "R143" zoning that was currently in place was a gross error. One Commissioner thought there was no need to consider rezoning at this time because it was likely that lots 5-7 would ultimately be developed as multi -family residential and that it was more probable that only lot 4 would be developed as single-family residential. Staff stated that one of the stipulations included that the applicant contribute to the widening of Shea Boulevard. Another stipulation would require the widening of the culvert and that there would be significant off -site improvements the town would request if the rezoning were approved. Commission recommended a denial of the rezoning request by a unanimous (6-0) vote. ❑ DECEMBER 16, 1999 — TOWN COUNCIL ■ Z99-23 — Rezoning Public Hearing and Consideration -Request to rezone Plat 412B, Block 6, Lots 5 and 6 from "R1-43" to "C-1". Staff (Dana Burkhardt, Planner) stated that the Planning and Zoning Commission felt that there was already an over abundance of existing commercial property throughout the town. He added that developing this property as commercial would detract from the town center and other existing commercial development. Because of the petition that had been received prior to the Planning and Zoning Commission hearing, there would need to be a super -majority vote of the Council to approve the rezoning. Some Council members felt that this was a prime site for commercial businesses because of the high -traffic count. Other Council members expressed the thought that uses allowed in a "C-1" zoning district were better suited for the downtown area. They also said that they believed the area in question would eventually be rezoned and developed as commercial property, but that it was not the right time for it. Members of the public pointed out that the development by Mr. Rider on the north side of Shea Boulevard across from the area being discussed was not yet completed, but should be before the rezoning took place. Rider Shea Re/onc "00 .dcu P cc ti {,1 The motion to approve the rezoning failed by a vote of 2-5. ❑ JUNE 28, 2001— PLANNING AND ZONING COMMISSION ■ Z2001-01— Rezoning Public Hearing and Consideration Request to rezone Plat 412B, Block 6, Lots 5 and 6 from "R1-43" to "C-1 PUD". The Commission unanimously voted to continue the public hearing until a later date. ❑ SEPTEMBER 27, 2001— PLANNING AND ZONING COMMISSION Z2001-01 — Rezoning Public Hearing and Consideration -Request to rezone Plat 412B, Block 6, Lots 5 and 6 from "R143" to "C-1 PUD". Randy Harrel, when asked about traffic flows, responded by saying that he had 41 stipulations for approval on this project. He went on to say that a conduit and traffic signal would be needed due to the high accident probability. He stated that traffic and access are considered to be the major problems. The concerns expressed by the Commissioners were the same as had been previously expressed. Only one Commissioner stated that the project had promise. Commission recommended denial of the rezoning by a 5-1 vote. ❑ NOVEMBER 1, 2001— TOWN COUNCIL ■ Z2001-01— Rezoning Public Hearing and Consideration -A motion was made to table the item to give the applicant time to work out an agreement with the local property owners. The motion to table the consideration failed by a 3-4 vote. The issues discussed by the Council were the same as in previous rezoning cases for the same property. The motion to deny the rezoning request carried by a 4-2 vote. EVALUATION The proposed rezoning request is consistent with the commercial corridor that has developed along Shea Boulevard between Four Peaks Plaza and the Town boundary on the east. No special requests Rider Shea Rezoric 2001.doc Page 6 of 7 or development agreements are required to complete the project as proposed in the conceptual plan. The highway -oriented proposed uses will compliment the existing Comfort Inn and the proposed new motel on the vacant lot on the north side of Shea Boulevard. The rezoning will allow the property owner to reduce traffic on Firebrick Drive and therefore create a benefit for the remaining residential property owners. Many of the prior Planning and Zoning Commission and Town Council concerns related to timing of this development in relation to other commercial projects. Much of the prior concern about commercial development timing has been alleviated with Four Peaks Plaza development well underway, and the Town Center commercial project replat approval. Additionally, the highway oriented uses proposed for this site should not compete significantly with the Town Center commercial development and will supply development fees in the short term and enhance tax revenues in the long term. The Planning & Zoning Commission reviewed this request in Public Hearing.at their January 23, 2003 meeting. Public input was received from two property owners located near this project. Both property owners were opposed to the rezone and cited that the zoning of "C-1" would be more appropriate for the site. The Planning & Zoning Commissioners discussed the impact of this rezone on downtown development, adjacent residential issues, and the possibility of multi -family or lesser commercial zoning. The Planning & Zoning Commission voted to recommend denial of this application by a vote of three to two. RECOMMENDATION Based upon concerns of impact to the existing downtown development and adjacent residential uses the Planning & Zoning Commission recommends denial of the rezoning of Final Plat 412-B, Block 6, Lots 5 and 6 from R1-43, single family residential to C-2, Intermediate Commercial, case number Z2002-12. Based upon the ability of this development to add benefit to the surrounding commercial uses, and the positive economic impact. Staff recommends approval of the rezoning of Final Plat 412-B, Block 6, Lots 5 and 6 from R1-43, single family residential to C-2, Intermediate Commercial, case number Z2002-12 with the stipulation that the applicant work with Town staff to comply with the Town Engineer's requirements as outlined in his letter dated January 8, 2003 (attached). Rider Shea Rezone 2003.doc Pu<c 7 of n TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT INTER OFFICE MEMO TO: Jesse Drake, Community Development DT: January 8, 2003 FR: Randy Harrel, Town Engineer RE: "19000 Place" Commercial Center, Public Works Department Rezoning Submittal (Shea Blvd) Plat 412B, Block 5, Lots 5, 6 and 7 Case Z2002-12 — First Submittal We have reviewed the applicant's above plan submittal with regard to traffic and engineering issues. Our initial traffic & civil engineering comments and issues are as follows. Our comments are intended both to provide stipulations for the rezoning request, where appropriate, and to provide guidance for the applicant to prepare a potential future preliminary plat application. We have not received an updated traffic study to review for this submittal. This site may generate over 400% of the traffic that the CK Engineering traffic report projected for the previous project. Lot 7 was added to the site (compared to an 11-5-99 submittal), the former building area has increased 30% (30,050 sf then, to 35,440 sf in June 2001, to 39200 sf now), and Building A and D now have restaurant components (much more intense traffic flow). Therefore, the traffic engineering analysis report must be revised to reflect the current more intense site plan submittal. We have reviewed the plans with regard to our 10-22-98 and 6-13-01 memos. The following modified comments apply: ■ Provide a revised traffic study based on the more -intense, current building areas, usages, and Shea Blvd traffic. ■ Lengthen all turn pockets; exit stacking lengths, traffic signal analysis, etc., as necessary. ■ Obtain an abandonment of the "No Vehicular Access" restriction along Shea Blvd from A-k the Town Council. ■ Grant a 1 ' VNAE along the Firebrick Drive frontage. qA—� ■ Reimburse the Town or its cost along the Shea Blvd roe frontage or the third w�°� f g property ny f g f J'A `. i ` Y eastbound lane and bike lane, of $80, 000. tU P c} ■ Revise the east driveway location to align with the Crossroads Convenience Center driveway. Modify the median noses to fit that driveway location. (The median noses should end near the curb returns for the driveway probably 35' outside of the edges of the driveway aisle.) ■ If a traffic signal is warranted at the easterly driveway within 5-years after final acceptance of the project improvements, construct it. Provide a 5-year bond for it if not currently warranted. ■ Provide an emergency ingresslegress route and easement from Shea Blvd to Firebrick Drive through the site parking lot. Rider Rezoning 1-8-03.doc Page 1 of 4 Chron 002 • Construct a 3" traffic signal conduit across the proposed east driveway, and across Shea Blvd, with pull boxes at each median and conduit end. Construct a 2" traffic signal coordination conduit across the full Shea Blvd frontage, with #S pull boxes at 200' spacing. ■ Extend the Cereus Wash box culvert as required, and construct a light well in the culvert at the center median. (A FEMA LOMR may be required.) Show the Cereus Wash 100-year high water line. ■ Construct a 6' meandering concrete sidewalk in the Shea Blvd right-of-way from the SI Texaco Station parking lot to this projects east driveway, and into the site. (8' wide on the Cereus Wash box culvert.) Grade and bond for a possible future meandering sidewalk from the east driveway to the south property line. ■ Construct an 8' concrete bike/pedestrian way from the project site into the Cereus Wash, -,A, box culvert (this would allow pedestrians to cross under Shea Blvd). -� ■ Construct a 5' sidewalk along Firebrick Drive from the Mirage Resort Casitas into the project. Construct a 5' sidewalk from any Firebrick Drive intersection or site driveway intersection into the site. ■ Landscape and maintain the Shea Blvd and Firebrick Drive right-of-ways. Landscape the southeast property edge along the Indian Reseryation. Other areas labeled as undisturbed on the plan were severely burned in the 1993 fire and need to be revegetated or landscaped. ■ Provide scour protection and native landscaping for the east half of the adjoining Cereus Wash property (Town -owned). Verify that your site grading will not require steeper than 3:1 bank slopes along Cereus Wash, and will not infringe on the existing flow area. ■ Place 2 fire hydrants at 1,000' ±spacing along Shea _Blvd and one along Firebrick Drive,y in addition to any other hydrants needed for on -site fire protection. ■ Connect an 8" water line to the waterline at the Firebrick/Last Trail intersection if needed for fire flow or reliability. ■ The tapers for all the left turn and right turn pockets on Shea Blvd are too short and need to be extended. ■ Verify the length and need for the acceleration lane shown on Shea Blvd at the east driveway. ■ Verify the deceleration lane lengths. ■ Verify that the sight distances from the driveways along Shea Blvd are adequate, per the Town's Intersection Sight Triangle (18' behind curb to the center of the critical travel lane, for an 840' distance for a 50-mph design speed). Probable sight line issues include: ■ Frontage landscaping along the south side of Shea looking west, on the inside of this curved street. ■ Cereus Wash box culvert guardrail and concrete barrier. ■ Slight vertical curve crest looking west. s ■ Median landscaping looking east from the east driveway. ■ Because of the Shea Blvd superelevation and uphill driveway from the Crossroads Convenience Center, verify that traffic entering from these two opposite driveways can see each other. Widen the entrances/exits to 20' minimum half widths on each entrance%xit driveway per MCDOT roadway design manual. _ The east exit driveway should have at least two lanes, and be 28' wide (per a revised traffic analysis). Stacking length will need to be much longer for the east driveway (length per a Rider Rezoning 1-8-03.doe Page 2 of 4 Chron 002 revised traffic report). We estimate that at least 100' of stacking distance will be needed for the left turn lane (4 cars). Even if the NB-EB acceleration lane is not needed, that exceeds the 60' available to your aisle way as shown. Relocate the project sign shown (at the site end of the east driveway median) if it is a sightline obstruction. ■ The "undisturbed areas" shown on yourplan are unreasonable. Undisturbed areas shown should not include the Shea Blvd right-of-way (it's not on your property and it's already nearly h all been disturbed previously), the Cereus Wash bank (it will need to be substantially regraded and revegetated), the sloped bank along Firebrick Drive needing regrading (it was either previously graded or needs to be regraded with your project), and previously graded areas along previously utilized dirt roadways through your site. On the Slope Analysis Map, the Lot 5 development is incorrectly shown, and the undisturbed area will actually be much smaller. Revise. 1 ■ Provide screen walls or berms adjacent to residential property, if required by the Comm. \ `r Development Dept. ■ Show the existing bike lane on Shea Blvd. ■ Access to Shea Blvd would be an access upgrade to that currently allowed for this site. Include in the traffic report the build -out traffic both at this project and at the Crossroads Convenience Center when evaluating the need for a traffic signal at the east driveway. Use the 20-year future volume on Shea Blvd. Construct or bond for any necessary facilities. ■ Show the Cereus Wash banks and box culvert, and the distance to the Texaco driveway. ■ Probable needed storm drainage features include: ■ A long catch basin and pipe extension near Firebrick at the drainage channel on Laser Drive. ■ Substantial lengthening of the Cereus Wash box culvert for the west driveway's right turn deceleration lane, 8' sidewalk, and to slope the fill instead of the existing high retaining wall. ■ Bank protection along Cereus Wash, where needed. ■ A catch basin on Shea at the west driveway entrance, and on both sides of the driveway, draining to Cereus Wash. ■ A catch basin on Shea in the landscaped frontage area on the north side of the center driveway, connecting into the existing culvert under Shea. ■ A catch basin on Shea, in the parking lot, and in the landscaped frontage at the east end of the site, connecting into the existing culvert under Shea. ■ On -site catch basins and storm drains. ■ Is a catch basin needed on Laser Drive? We would like to see an access to this site from Firebrick Drive. The access needs to substantially discourage cut -through traffic from Shea to Firebrick Drive, if ungated. (It could be located near the southwest corner of the site.) Or, as a minimum, there should be a gated access with opticom (or Knox box?) fire truck access, and perhaps with employee pass card access. Since there is no cul-de-sac bulb at the end of Laser Drive, placing the above driveway near o the end of Laser Drive (with an opticom or Knox box 20'-30' off the street) will provide some V semblance of a hammerhead turn -around. Or, provide a hammerhead turnaround on Laser Drive. Rider Rezoning 1-8-03.doc Page 3 of 4 Chron 002 ■ With the number, size, and proximity of buildings shown, you may need to tap to the 12 " water main on the north side of Shea, and/or the water line along the south side of Shea at Texaco, even with the flow reduction credit for fire sprinklers. ■ Probable on -site storm water detention will be required, except for flow which drains directly from the site into Cereus Wash. ■ At the rear of Buildings A, B, and C, wouldn't it be preferable to park the cars adjacent to the building sidewalk, instead of across the aisle? ■ Provide a parking calculation. 0 ■ If the end of Laser Drive can be shortened for both your property (at the above hammerhead) and for Lot 20 of Block S, Plat 412-B across the street, remove, recurb, and landscape the right-of-way from the pavement end on Laser Drive to the south property line. ■ There is an existing waterline at your south boundary. Show its existing easement, or provide a new one. f la�E`t� ■ Provide a screen wall, berm or other buffer from headlights to adjacent residential properties. -C""' `r ■ Provide (or verify that there is existing) adjacent vehicle access to Cereus Wash, either on -site, along Shea, or elsewhere. ■ The Master Developer's agreement with the adjacent Indian Community was to provide a 100' buffer along the east Town boundary. It was not required south of Shea, presumably because of the very large and deep single-family lots platted. Provide a verification from both the Fort McDowell and Salt River -Pima Indian Community that the setback of Building D is acceptable. (Both tribes own some land at your SE corner.) Alternatively, provide a 100' buffer strip (building setback or non -building easement) from your south property line. Rider Rezoning 1-8-03.doc Page 4 of 4 Chron 002 01/22/2003 15:06 6022870812 REALESTATE PAGE 01 Jav Boersma 69 E Columbus Ave # 1 Phoenix, AZ 85012 480-775-8883 January 22, 2003 To: City of Fountain Hills Re: Rezoning of Lots 5 & 6 on Firebrick Dr Attn: Dana Fax: 480-837-1404 This letter serves to follow up on our phone conversation of January 20, 2002. I am the owner of the property located at 9048 E Firebrick (lot 18). As I mentioned in our conversation, I am diametrically opposed to any change in zoning for the above lots. My property is currently on the market and any change of the zoning other residential would ha':e a draraatic impact on the value on my property. Already, just having this zoning change request in process has had a negative impact on my marketing plan. Prospective buyers have mentioned the proposed changes and have said that this would prohibit them from even malting an offer until the matter is settled. If the zoning request is approved, then no offer would be forthcoming. You can see the direct impact that a change of zoning would have on me. I request that you forward my objection to the necessary parties and ask them to deny the zoning change application just as they have for the past four years. Sincerely, -lay Boersma February 5,2003 PETITION Re: Zoning case #2002-12 Lots 6 and 7, Block 6, Final Plat 412B We the undersigned, to the best of our knowledge, own property within 300 feet of the subject property and do hereby protest the rezoning of this property to C-2. The reason for this petition is to assure that the Town Council will invoke the "super" vote rule as stated in House bill 2621 enacted in 1998, which sinply states that if 20% of the propery owners protest a zoning application, then it will require a 75% majority of council members voting to approve said zoning. It is our belief that the signatures in hand exceed the required 20% needed to enact the the "super" vote law and we hereby request that this "super" vote be required on this issue. NAME nro L_. C/r'an mer �--�Jia-� o�°. C.�larvrneJv ADDRESS PROPERTY 966q N . F1A0 Z Rrrlc JR. L Q`t` ( -2 �3c-QcK S 1,6 /7 S L&f /5 e/0e�/05 ZV, -5 - J& C,-C-L- TOYAi OF FOUNTAIN HILLS FEB 1 0 2003 ENGINEERING DEPARTMENT \\. VIC) � 10 � Office/Retail Project Lots 5 & 6 Block 6 Plat 412-B Located Immediately Southwest of Shea Boulevard And Northeast of Firerock Drive REQUEST FOR APPROVAL Of: • REZONING TO C-2 • ABANDONMENT OF V.N.A.E ALONG SHEA BLVD. • RECORDING OF V.N.A.E ALONG FIREBRICK DR Narrative Prepared by SheaProp LLC. Rider Land & Development LLC., Managing member 15705 E. Richwood Avenue Fountain Hills, AZ 85268 October 25, 2002 TOWN OF FOUNTAIN HILLS Nov 0 8 2002 COMMUNITY DEVELOPMENT DEPARTMENT PURPOSE OF REQUEST The purpose of this application is to seek approval of a request to rezone approximately 2.61 net acres of property on Shea Boulevard from R1-43 to C-2 to allow for the development of a small-scale, single level 20,600-sq. ft. highway commercial project. This zoning application follows up the general plan amendment rt„ approved by the Fountain Hills City Council in 1998 redesignating the property for commercial uses. PROPERTY HISTORY This 2.61 net acre site is located in . fir;:_.... f ` i' the southeast corner of Fountain Hills adjacent to the Salt River Pima — Maricopa Indian Community boundary on the south side of Shea Boulevard. As noted above, the property was the subject of a previous request to amend the general plan designation from "Single Family Very Low" (SF/VL) to "General Commercial/Retail" (C/R) in 1998. This general plan amendment was approved by the Town Council in 1998, but the rezoning request to C-1 was deemed premature at that time. DESCRIPTION OF PROPOSAL The applicants are planning to build a small-scale highway commercial project on this property, which will be consistent in both quality and design with their previous existing project located across Shea Blvd. at 17100 E. Shea Blvd. This project will have approximately 20,600 square feet of leaseable building area for miscellaneous highway oriented retail, restaurant, which will serve the market generated by Shea Boulevard rather than Downtown functions. The current daily traffic count of 35,000 plus cars per day is composed primarily of commuters between Scottsdale and Mesa, and, on the weekends, of people traveling to the Payson, and Saguaro lake recreational areas. The contemplated uses are designed to take advantage of the eastbound commute and recreational traffic that already use Shea Blvd. The types of tenants targeted are those that will entice the commuter to stop briefly for convenience items. The synergy between the downtown commercial areas and the Shea Blvd. Commercial areas will provide the City of Fountain Hills with the best of both worlds. The steady increase in commuter traffic will continue along Shea Blvd. Regardless of anything taking place in Fountain Hills as both Mesa and Scottsdale expand. By capitalizing on this fact, Fountain Hills will gain both new businesses and sales tax revenue that can never be had at the downtown location. 1 DEVELOPMENT CRITERIA The project will comply with all of the City's development standards. The approximately 35'- 45' of excess Shea Boulevard right-of-way will remain in its native desert condition (with perhaps some additional plantings of native vegetation). Site development complies with all aspects of the City's Hillside Ordinance. In fact, the plan embraces the goals and objectives of this ordinance. Each parcel is separately designed to meet the City's Hillside Ordinance without the use of density transfers. The wash and other significant areas are being left in their natural condition. Building setbacks range from 25' to 60' from the property line along Shea and 35' to 55' from Firebrick Drive. All buildings will be one-story tall with a maximum height up to 25' essentially to provide for architectural enhancements. In addition to the rezoning itself, this case also includes a request that the 1 ft. vehicular non -access easement (V.N.A.E.) along Shea Boulevard be exchanged for a 1 ft. V.N.A.E. along Firebrick Drive. The site plan calls for access to the property to be restricted to Shea Blvd. in order to protect the neighborhood to the south and their local street Firebrick Drive. The existing access to Firebrick Drive would be deleted and prohibited in the future through the 1 ft. V.N.A.E. The row of trees proposed to be planted in the right of way, to be maintained by the applicant, will further prohibit vehicle traffic, noise, and onsite views for the residents south of the subject property. Development of the property will benefit the adjacent residential properties to the South by creating a physical and visual barrier, which will shield the lower elevation residential properties from the Shea Boulevard corridor. The buildings and landscaping will also form an acoustic barrier, effectively lowering the traffic noise that is currently penetrating the neighborhood. The proposed planting of large box trees along Firebrick Drive is specifically designed to screen the project and Shea Blvd. itself from the four nearby houses. In the photo to the right, taken from the neighbor's property, you can see that only the western corner of the site is currently visible from this residence. In so doing, this landscaping buffer will also screen out the view to the fast food restaurants on the North side of Shea Blvd. for at least two of the existing homes. The proposed development plan will also screen out the view of the fast food restaurants for the residents in the condominium project south of the gas station and west of the subject site. The elevation of the other two homes is approximately 100 feet above the site which means that it is not possible to actually screen the uses from these houses, but the proposed landscaped barrier will at least provide an aesthetically pleasing transition. Finally, by grading the lots as shown on the preliminary grading plan, landscaping the right of way and landscaping the setback along Firebrick Drive (the highest possible E point) as noted above, this development will functionally separate the neighborhood from the Shea Blvd. corridor. The applicant has met with The Firerock Homeowners Association President, the adjacent neighbors to the South, and the board of directors of Firerock Resort Casitas HOA to discuss this new proposal and, as of this date, there has been no stated opposition, in fact the neighbors to the South have stated general support for the project, see attached letters. RELATIONSHIP TO SURROUNDING PROPERTIES AND DOWNTOWN The property to the east across Shea Boulevard is zoned C-2 and is developed as the Crossroads Convenience Center (Wendy's, Arby's and Taco Bell), and auto service building. The property to the north across the Cereus Wash (zoned R-5), is developed with a Texaco gas station and full service car wash zoned C-2. Indeed, all of the similarly situated property on Shea Blvd. has already been zoned to commercial use, except for the three lots making up the subject property. The property to the west is part of the Firerock subdivision and is zoned R1-43. The Firerock Resort Condominiums are zoned R-5. The property to the south is the Salt River -Pima Indian Reservation. Since the deferral of the C-1 rezoning request in 1998, a number of private actions have been taken to spur development of commercial property in the Downtown as well as in the vicinity of this request on Shea Boulevard. More than 15 commercial building projects have recently been constructed in the Downtown area (see the attached aerial map of Fountain Hills commercial districts), the Target Center just north and west of the site is open for business and the Fort McDowell Indians are now planning more commercial development, reportedly anchored by a Wa1Mart Superstore near their casino on the Beeline Highway. This addition of commercial space to the Town of Fountain Hills will enhance the Town's revenue from sales tax and rental taxes. This proposed project would have virtually no impact on Downtown commercial activity. Since there is no major traffic arterial through the Downtown area, the Downtown has been designed and developed to suit two specific needs that are not related to highway commercial: Neighborhood commercial and destination oriented tourist activity. Neither of these downtown uses or functions will be impacted or compromised by this minor 2.61 91 acres of highway commercial development with only 20,600 sq. ft. of space. The only tenants that will be attracted to the subject property are those that depend upon high visibility from highway traffic. The General Plan, revised in 2002, reconfirmed this area to be designated as "General Commercial / Retail" (C/R) and recognizes the appropriateness of these uses on the subject property. Therefore, given this property's location at the City's limits, the plans of the Fort McDowell Tribe to attempt to capture more sales tax revenue from Fountain Hills and area residents to the Reservation and the existence of other small scale commercial uses directly across and adjacent to the subject property on Shea Blvd., it appears that this is now the appropriate time to proceed with a well designed highway commercial project at this location. LOCATION AND ACCESSIBILITY / CIRCULATION SYSTEM The subject property will be accessible solely from two new driveways to be built on Shea Boulevard. The center driveway will have a new right turn deceleration lane within the existing Shea Boulevard right-of-way. No access would be allowed to or from Firebrick Drive, which would otherwise be required for residential use. In fact, the applicants propose a 1 ft. V.N.A.E. to preclude this access from ever being created. The topography of the subject property is such that it is well below the level of Firebrick Drive and only slightly elevated above Shea Boulevard. The project design and new access will effectively cut off the property from the neighborhood and orient it towards Shea Blvd. A slope analysis is attached to this application. Traffic has increased dramatically in the last few years, and is now approximating 35,000 commercial vehicles and automobiles per day — up from the 12,000 cars per day in 1993. It would appear that this has become a primary commute corridor, and the outlook is for ever- increasing traffic volume. Any home on _ this property would be downhill of 4 Firebrick Road with the primary views from inside the home being to the east through a �r backyard at a 6' high sound attenuation block wall or over the wall to Shea Boulevard and the commercial uses located there. The property is simply not elevated high enough to overcome the noise, vehicle emissions, and compromised views along Shea Blvd. The only situations in Fountain Hills where homes have been built along Shea Blvd., have been those where the homes were set back a significant distance and elevated above the Shea Blvd. right of way by as much as 100 feet or more. TRAFFIC IMPACT A traffic study for this project was prepared by CK Engineering, Inc. The study demonstrates that this project will not adversely affect traffic operations on Shea Boulevard. The study (originally prepared in 1998 and updated in late 1999) indicates that the current traffic flow on Shea Blvd. is comprised primarily of commuters and recreational traffic passing through the area. The primary patrons for this retail/office project would be those already using Shea Blvd. The study also indicates that tfie proposed development would reduce traffic within the Firerock housing development. DEVELOPMENT SCHEDULE Upon rezoning approval, the owner anticipates a minimum of twelve months to complete working drawings and leasing, and six months for building permits to be processed before construction could start on the first 10,000 SF. phase. Eventual completion of the total project would depend upon absorption, but it is estimated at approximately three to five years from the start of construction. PROPERTY DESIGN SPECIFICS BUILDING HEIGHT - 25' Maximum SETBACKS - 40' min from Shea Blvd. and 40' min from Firebrick Drive. These setbacks are consistent with the original R1-43 zoning COLOR PALLETT - Per the attached plans — To be approved by Architectural review committee SITE LIGHTING — No pole lighting on site. Waist high bollards where required PROPOSED USES — C-2 COVERAGE — Less than 20 % (1/3 of normal allowed C-2) DISTURBANCE AREAS — Consistent with original R1-43 zoning PERIMETER LANDSCAPE ELEMENT - Box tree planting along Firebrick Dr. PARKING AND ACCESS — Lots 5,6,&7 would have reciprocal agreements for access, egress, and parking COMMUNITY FACILITIES AND SERVICES Not Applicable 5 PUBLIC UTILITIES AND SERVICES Water and sewage services are available to the property with sufficient capacity to accommodate the proposed project. Electrical service will be provided by APS. FINANCIAL BENEFITS TO THE TOWN The Town of Fountain Hills will benefit financially from this development through the following sources of income: 1. Application fees for rezoning 2. Building permit and inspection fees 3. Rental taxes 4. Sales taxes POTENTIAL TENANTS While we do not have specific tenants lined up at this time, from our experience, we anticipate at a minimum, significant interest from the following categories of potential tenant. • Coffee shops • Marine parts retail store • Dry cleaners • Restaurants • Automotive parts retail • Convenience stores • Delicatessen • Florists • Barbershops • Real estate office • Bank • Veterinary • Pharmacy While this list is in no way complete, it is offered as an example of highway oriented businesses that can be attracted to this type of site. Our previous development at 17100 E. Shea Blvd. attracted 18 tenants, 16 of which were businesses new to Fountain Hills at that time. We would expect the same type of response on this site. C1 AREA PHOTOS -77777-77 Onsite Lot six looking North Onsite Lot 6 looking NW Onsite Photos Page 2 Onsite Lot 5 looking NE Lot Six looking West am! � t. jC ��" Y� " � • s + • !� �� i s .•, r,�..T �r y f w-`y�_`� 4�.�f . �„ y.��:.- . � .: .y� ''�+` .+= d. •�, I �.,r>i+ ice`+^...:-•^�'R� +•hZv',� ram`+ �.•. -- -� 5 �:.iz. • '.� t tx a'... - _ r` �,t�. �':'h�'��':3'�cs`ii+iS�f �:i.Yl�{'.' - Off site Photos page 4 • From Monterey and Shea Looking South to lots 5&6 R From N side of Shea @ Arby's looking West 10 Off site photos, Page 5 —-- Neighbors looking West Offsite Photos, Page 6 PROPOSED PLANS Attached hereto as Exhibit "A" • Several scenarios are presented in Drawing #1 and #la. • Both lots are designed to stand on their own as far as coverage and grading are concerned. There are no density transfers shown or anticipated. 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Z S Ire a co y4 9 I I)I po� m dll i 8$sagas txr coz .JXI j 125RR Town of Fountain Hills Town Council Agenda Action Form M69ft"ii Regular Meeting Meeting Dater 2/20/03 8uli�V�pal'titnent Community Development contifc> ; okon: Denise Ruhling, Planner C%rilSiit ❑ Regular.,® Requesting Action:® Tyri ocunfcnt'Needma Auproheck all that aimly): ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Request for Proposal Crii ncil Prity (Cheek Ati Mjate Ai eas) ❑ 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 ReeulaA&nda Wording. Consideration of a REQUEST FOR PROPOSAL to solicit bids to create an "Avenue of the Fountain" Concept Plan Approve Yes $25,000 Purpose'of Item and Backaround=Ik formation This RFP was generated by a request by the "Downtown Concensus Team" to address a community concern of "The lack of a workable plan for development of the Town Center Corridor". In addition, the Team felt that with the development of South Plat 208 it was imperative that a plan of work be designed to allow a flexibilty in determining the shape and appearance of the Town Center area. After researching current studies, plans of work, and meeting with members of the community and Downtown Concensus Team staff compiled information to format the attached RFP. The RFP is written to request the development of three (3) concept plans for the "Avenue of the Fountains" between LaMontana and Saguaro Boulevard. The concept plans should address various issues including, but not limited to, pedestrian and traffic circulation, lighting, streetscape, public restrooms, and event location. Staff suggests that this RFP be sent out by March 1, 2003 with a response deadline of April 1, 2003. If these dates are approved the proposed Concept Plan, including improvement phasing and cost, could be presented to Town Council for approval in early July 2003. Staff is expecting that the RFP bids will come in around $20,000. this cost would be taken from Downtown Development Funds (a portion of the local sales tax/excise tax). In addition to the cost of the RFP staff has presented a budget of $225,000 for the first phase of improvements. This amount is approximately 50% of the current balance in the Downtown Development Fund. List All Attachments as Follows: Request for Proposal. Type(s) of Presentation: Signatures of Submitting Staff: D artment Head a l o-3 Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) 1"W a 4 • that is Ai Town of Fountain Hills REQUEST FOR PROPOSAL The Town of Fountain Hills has identified a redevelopment area referred to as the Avenue of the Fountains. The area is a major component of the Downtown Project Area enveloping commercial, public use and residential. In 2001, the Town of Fountain Hills commissioned an economic enhancement study in order to determine the boundaries and establish a vision for the downtown project area. Specifically, one element of the downtown vision is to enhance the transition between the north, south, east and west to create a unified area. This connection will involve Avenue of the Fountains between La Montana and Saguaro Boulevard and should promote streetscape design, pedestrian, and vehicular accessibility. The Town Council is researching possibilities on how to accomplish this "connection". Therefore, the Town Council is looking for proposals to create an "Avenue of the Fountains" Concept Plan. Project Area Description: Avenue of the Fountains right-of-way beginning at La Montana Drive and ending at Saguaro Boulevard. Width of right-of-way is 180 feet and includes a 61-foot median, sidewalks (ranging in width from 8' to IT), angled parking and public roadway. Avenue of the Fountains is intersected, at midpoint between La Montana and Saguaro Boulevard, by Verde River Drive, an 84' public right-of-way. The Project area is bounded to the west by La Montana Boulevard and commercial properties, to the east by Saguaro Boulevard and "Fountain Park" to the north by "North Plat 208" a commercial center and to the south by "South Plat 208" a proposed commercial center. Scope of Work: Data Review and Background Research (two - three weeks): 1) Review existing information and studies (Hyett Palma, General Plan, Zoning Ordinance, Planned Developments, etc.). Avenue of the Fountains RFP Draft February 11, 2003 2) On -site review of the study area to become familiar with streets, blocks, and location of existing and proposed project. 3) Meet with Downtown Consensus Team (including representatives from the Chamber of Commerce), Plat 208 Property Owners Association and Town Staff to obtain comments and feedback. 4) Meet with Town Council. 5) Conduct one evening public meeting. Preparation of Preliminary Drafts (30 days): Prepare three (3) Concept Plan options (each option should present a different style or design) based on analysis, research, and feedback addressing (but not limited to) the following: 1) Circulation and parking. 2) Public safety elements. 3) Streetscape and pedestrian concepts. 4) Provisions for street fairs and other event venues. 5) Signage. 6) Streetwalk and atmosphere lighting. 7) Public attractions. 8) Public art. 9) Public restroom facility. 10) Trash receptacles. 11) Landscaping. 12) Phasing of improvements. 13) Cost of improvements. 14) Product: Preliminary Concept Plan to include a) Technology based presentation of existing condition. b) Technology based file of the three (3) Concept Plans suitable for discussion and presentation. c) Narrative to accompany the Concept Plans describing results of research and findings. d) Phasing plan. Page 2 of 5 Avenue of the Fountains RFP Draft February 11, 2003 Presentation of Preliminary Drafts (two weeks): 1) Hold public meetings to obtain public input on options. 2) Meet with Downtown Consensus Team, Town Staff and Town Council, at work session, to present Concept Plan options. 3) Draft Concept Plan to include: a) Narrative, technology based graphics, phasing and cost of improvements. b) Consensus on Concept Plan and narrative. Preparation of Final Concept Plan (two - three weeks): 1) Based on direction -received refine the Concept Plan, narrative, graphics, phasing and cost of improvements. 2) Develop an implementation strategy that can be used by the Town. 3) Present the final Concept Plan to the Town Council for direction. Completed Concept Plan (one week): 1) Final Concept Plan for Town Council approval. 2) Product: a) 30 copies of the final concept plan, including color graphics, narrative, phasing plan and cost of improvement analysis. b) Reproducible color photos of graphics. c) One reproducible unbound copy of the final Concept Plan. Budget: The proposed phasing plan should keep in mind that the funds estimated for the first phase of improvements equals $225,000 (two hundred twenty five thousand dollars). Additional phased funding amounts will be reviewed during the budgeting process of each fiscal year. Submittal Review and Selection: A. Submission Guidelines 1. The team/company submittal should clearly indicate the ability to complete the project within the time schedule and the experience in preparing similar Page 3 of 5 Avenue of the Fountains RFP Draft February 11, 2003 studies or plans. A list of similar studies or plans that were prepared by the err. team/company should be in the submission along with examples of these plans. The consultant's fee for the proposed work should be stated in the submission and the fee should be identified for each work element in the scope of work. 2. Submittal is due to the Community Development Department by 4:00 p.m. . Ten (10) bound and one (1) unbound reproducible copy of the submittal is required. All submittals or correspondence should be addressed to: Denise Ruhling, Planner Community Development Department Town of Fountain Hills PO Box 17958 Fountain Hills, Arizona 85269 Phone: (480) 816-5184 Email: druhling@fh.az.gov B. Submittal Review and Selection: 1. The submittals will be evaluated on the information contained in the submittal. The selection of a team/company will be based on the team/company experience in preparing similar studies or plans. The final selection of the consultant is expected by 2. Evaluation Criteria a) Technical approach and understanding of the scope of work. This relates to the extent to which the team/company demonstrates a thorough understanding of the scope of work, an ability to work with diverse groups to develop a consensus, and the ability to meet the needs of the Town of Fountain Hills. b) Identification of project team members and the experience of the team members on similar projects. c) The extent to which the team/company has the time to do the project, manage all tasks properly, and the capability to successfully complete the project within the specified schedule. d) Proposed fee. 3. Selection Process a) An in-house Staff Review Committee comprised of Town Staff, representative of the Downtown Consensus Team, and the president of MCO will initially screen all submittals. The in-house review committee will rank the submittals based on the evaluation criteria described above and will select three proposals for the final review Page 4 of 5 M Avenue of the Fountains RFP Draft February 11, 2003 process. The teams/companies may be invited to make a formal presentation to the in-house review committee who will recommend their preferred proposal to Town Council for approval. b) The Town Council will make the final selection. Page 5 of 5 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Town Manager Consent:❑ Regular:® Meeting bate: 2/20/03 Contact Person: Tim Pickering Requesting Action:® Type 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: DISCUSSION AND CONSIDERATION of securing a public education consultant for the property tax issue. Staff Recommendation: Approve Fiscal Impact: Yes $ Purpose of Item and Background Information: Staff has recommended that the Town hire a consultant to assist in providing property tax educational material to residents of Fountain Hills. Proposals from two firms are currently being prepared, consequently we do not have a recommended firm at this time. The estimated cost for this project is between $5,000 and $8,333 per month, for the next three months. List All Attachments as Follows: Town Manager memo, Bliss Marketing amd BJC Communications informational materials Type(s) of Presentation: oral Signatures of Submitting Staff: Department Head Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS Office of Town Manager INTER OFFICE MEMO TO: The Honorable Mayor Beydler and DT: February 13, 2003 Town Council FR: Tim Pickering, Town Manager �E: Hiring of Public Education Consultant for property tax issue SUMMARY The staff is recommending that we hire a consultant to assist the Town in providing property tax educational material to the residents of Fountain Hills. Proposals from two firms are currently being prepared so we do not have a recommended firm at this time. The estimated cost for this project is between 5,000 and $8,333 per month for the next three months. PROCESS To date the staff contacted the Arizona League of Cities and Towns for recommended firms. We received two firms' names i.e. CKPR and BJC communication. The Town of Fountain Hills during the mountain issue had previously hired Bliss Marketing, so they were contacted as well. References, principal contacts, writing samples and company material were received from each firm. Councilmembers Ralphe and Melendez along with myself, completed teleconference interviews with each firm. Following the interviews, CKPR indicated that one of their current clients contacted them with two large assignments and thus they would not be able to submit a proposal. The other two firms are preparing proposals. PROS & CONS PROS; Residents will be better informed when making a decision that will effect the finances of their community. Clarifying the issue to residents that may be confused by the many options available for fire and EMS funding, critical public safety issues. Having a consultant with the expertise in providing community education and the time available to complete thorough job. It is the responsibility of government to inform their residents as to what the impact of a certain vote will be. CONS: A prohibition by state law that no expenditures by a Town may be used to influence the outcome of an election, thus the Town will have to spend additional funds on Legal review by the Town Attorney of all material to ensure full compliance with the law. Using contingency funds during tough financial times. ACTION NEEDED: Approve the proposal submitted by the recommended firm. SUMMARY The Staff and Town Attorney will review the proposals and the funding for this expenditure will come from undesignated contingency with a remaining fund balance of roughly $45,000. The Council will receive additional information next week including a recommended firm and proposal assuming all reference checks are complete and proposals are finalized. If all work were not complete before the Council meeting, the item would have to be removed from the agenda. C: Andrew McGuire, Town Attorney Tpickering/tgp/my documents/publiceducationconsultant/2.13.03 3 F° w w w w = w w w w w = a a M M r. I N CO O c� f 4ft oa SAO Al u O l;? m N f ff w N ff N w w w w �r �r � � m �w CD w 0 CL) E 00 m w w v w w w N w w w w w w w Im "NNW w w w w w w w w w w .w y c a� E co M- aD 0 PMR c c 0 U cv Q O U m Much to be Thankful for, and High Hopes for Our Future Mayor Sharon Morgan For December 27, 2000 As the year 2000 comes to a close (can you believe it's already over?), we find ourselves in the midst of one of the most fun and exciting times in our Town's history. Fountain Hills, like many other Arizona communities, has seen its share of lean years, but we've finally begun to see the light at the end of the tunnel. And many of our hopes and dreams are becoming a reality. We've got much to be thankful for this holiday season. We've made tremendous progress on some major projects that make Fountain Hills feel like a "bona fide" town! I'm thrilled that the new Target Center will be moving forward. Target will be a welcome addition to our community and I'm confident that they wilf be the kind of new corporate neighbor that Fountain Hills will be proud to have in our Town. Within the next four to six months, our new library, museum and community center will be open and available for everyone to enjoy. And within the next few months, our famous fountain will be up and running again with a brand new lake liner for many more generations of Fountain Hills residents to admire and enjoy. Downtown Fountain Hills is starting to take shape, and our community has welcomed some beautiful new housing developments this year. It's always so nice to greet new neighbors and see them get involved in our community. The one thing that will top my wish list for the New Year is the preservation of our McDowell Mountains. Though I would have liked to end the year 2000 with some closure on the mountain issue, I'm confident that the New Year will bring an agreeable solution for everyone. This is such an exciting time for all of us here in Fountain Hills. We've worked so hard as a community to build a Town that we're proud of and love to come home to, and it's a thrill to see so many years of effort finally becoming realities. The thing I'm most thankful for is our ability to pull together and work together to achieve our dreams. That feeling of community and a shared vision has made our progress this year possible. Each and every one of us cares about our hometown and we should all be so proud of all that we've accomplished. I look forward to serving as your Mayor next year and helping even more wonderful things happen for Fountain Hills. The Town Council and I wish everyone a safe and happy holiday season. See you next year! Your mountains, your vision. Itaw Common Ground and Common Sense for Fountain Hills and MCO October 18, a000 Our community has heard a lot about "rights" regarding the McDowell Mountains recently from MCO. We've heard about their rights as private property owners -- rights that we respect and agree with. Unfortunately, we've heard them accuse us, the Town Council, over and over again of violating those rights. Their most recent charge, seen in last week's paper, accuses the Town Council of violating their rights with inflexible ordinances applied arbitrarily to MCO Custom Properties. That's just not true. Are there ordinances in Fountain Hills? Absolutely. Are they applied arbitrarily to one property owner over another? Absolutely not. Building ordinances are designed to ensure the health, welfare and safety of the residents of our community, and are applied equally to each and every property owner in Fountain Hills. In addition to safety, the ordinances are also designed to ensure that if someone buys a piece of property in Fountain Hills with the hope of building a home, that the property they've purchased can reasonably support the home they'd like to build. That's not arbitrary. It's common sense. If you buy a piece of land with the intent of building a home on it, you ought to be reasonably assured that you can do that. MCO Properties has yet to demonstrate that the plats they've submitted for can safely build the number of homes they loudly say then can. Just because they say `eve comply, we comply" as loudly as they do does not mean that they have in fact complied with all of the Town's ordinances. What about the rights of the residents of Fountain Hills to live in safe homes? What about the rights of new property owners to purchase a piece of property that they can reasonably build a home on? MCO has appealed to us time and time again to respect their private property rights, which we fully intend to do as we work our way toward an agreement on the preservation of the McDowell Mountains. We would ask in return that MCO afford an equal measure of respect for the ordinances in Fountain Hills designed to make our community a better, safer place to live. Is it unreasonable to apply ordinances to ensure the health, safety, welfare and buildability of our community? We don't think so. We're sorry MCO disagrees. Preservation Vs. Profits? Common Ground and Common Sense for Fountain Hills and MCO September 15, 2000 As many of you know, the Town of Fountain Hills has been engaged in sometimes heated negotiations with MCO Properties for the last several months regarding the preservation of the McDowell Mountains. The residents of the Town of Fountain Hills have sent a very clear message — preserve the McDowell Mountains. As town officials and elected leaders of your community, it is our responsibility to listen to that message and work toward achieving that goal. We take that responsibility very seriously. As elected leaders and town officials, we also recognize a very important dual responsibility — to act as responsible stewards of the land the community seeks to preserve; and to act as responsible financial stewards with the valuable public resources dedicated to achieving mountain preservation. I have heard from many of you on this issue. You have told me of the striking natural beauty that drew you to our community. You've told me how much you enjoy sipping your morning cup of coffee surrounded by unspoiled mountain views. And you've also told me how proud you are to live in a community that recognizes the value of its natural resources and wants to preserve these precious treasures. We understand that MCO has a financial stake in developing the McDowell Mountains. We believe that what is at stake is bigger than profit. We believe that we must cast an eye toward the future of our community. We must work to build a community that can be proud of its efforts in years to come, proud of the beautiful mountains we worked hard to preserve. We strive to leave a legacy of preservation, not just profit. While the Town seeks a fair and equitable resolution to this matter, we must not lose sight of our responsibilities as financial stewards and we must not lose sight of the trust placed in us by the taxpayers of this community to achieve our preservation goals at a reasonable cost. As we move forward in our efforts to preserve the McDowell Mountains, we appeal to MCO as good corporate citizens and as citizens of our community to work with us to build a legacy of preservation of which we can all be proud. Join with us and recognize not just the financial value of our mountains, but the priceless value they add to our community's quality of life. We'd like to hear your opinion on this issue. Call your elected Town Council Member, or call me at the Mayor's office. Or even better, let MCO know what you think. MCO phone 480. Town of Fountain Hills phone 480. 015 Oi Leagu Arizona CitieS A TTowns PRESS CONTACT: Vince Maietta, Public Information Officer League of Arizona Cities and Towns 602.258.5786 vmaietta@mg. state. az.us THE LEAGUE OF ARIZONA CITIES AND TOWNS Serving Arizona Cities and Towns for More Than 60 Years What do Glendale, Lake Havasu City and Clarkdale have in common? They're all members of the League of Arizona Cities and Towns, which has represented and served Arizona cities and towns for more than 6o years. The League of Arizona Cities and Towns represents the collective interests of all of Arizona's 87 cities and towns at the state and federal levels of government. Founded in 1937 on the principle that local decisions are best made by local decision - makers, the League's aim is to promote local self-government and municipal independence. The League provides high -quality, professional assistance to municipal governments in the state of Arizona, with services including legislative advocacy, member education and comprehensive policy analysis. --more-- League of Arizona Cities and Towns/page a "The League is an invaluable resource," according to Queen Creek Mayor Mark Schnepf, the League's current President. "By uniting and working together as a team, Arizona's diverse communities are able to maximize efficiency, support the legislature and deliver vital services to our residents." League policy is established and directed by a as - member Executive Committee comprised of mayors and council members from across Arizona. The League's three core principles are to maintain municipal control over the local sales tax system; retain state shared revenues to ensure adequate local community services in response to local needs; and oppose efforts to erode local control and authority through state preemptions and mandates. The League provides a variety of services to assist its municipal members in meeting the needs of their citizens, including advocating city and town interests at the state Legislature, state agencies, and Congress. It also provides timely information, research, training, code and ordinance technical assistance, innovative forums, conferences, publications and on-line services. The Bliss Marketing Team for Fountain Hills Tom Bliss, President/Creative Director Tom Bliss is the president of Bliss Marketing Multimedia, a full -service marketing agency, founded in 1982. The Agency has worked with more than 300 clients, many within education, state, county and city governments, economic development and non- profit sectors. Tom, as agency principle, oversees the entire agency process. With 30 years of experience, he is involved in the writing and guidance of copy for PR, advertising, and marketing collateral; the origination and fine-tuning of graphic concepts; and strategic account planning. Tom founded the Agency after leaving Intel's Commercial Microsystems Division in Phoenix, where he managed the microprocessor industry giant's marketing communications department until late 1982. Prior to Intel, he was the marketing communications manager for Sperry Flight Systems Avionics Division (now Honeywell Business and Commercial Avionics) from 1980 to 1982. Before Sperry, Tom held a similar post at Rockwell International's Collins Avionics, in Cedar Rapids, Iowa, form 1977 to 1980. He served in the USAF Reserve in Minneapolis in 1976 and was a member of the inactive reserves until 1990. Tom is a graduate of Iowa State University (BS Journalism 1976). He received an athletic scholarship and was a member of the Iowa State Swimming team from 1974-1976. At Iowa State, he also received a minor in Aerospace Studies (U.S. Air Force ROTC) and was awarded an AFROTC full scholarship in 1975 and 1976. He was commissioned as a Second Lieutenant in the USAF Reserve in 1976, and received an honorable discharge in 1990. Tom will lead the Fountain Hills account with regard to strategy and overall project direction. Jeff Eldot, APR, Public Relations Consultant Jeff has more than 20 years experience helping companies that have 'made it work' and get recognition for their products and services. Jeff has a Master's degree from Northern Arizona University in Education and a Bachelors degree from the University of Wisconsin in Journalism. His experience includes education, technology, state government, energy, utilities, and retail. Jeff creates public relations strategies that help clients get extensive editorial coverage. Jeff currently is an adjunct professor at Glendale Community College and Rio Salado Community College. Jeff assists the agency's PR department, including regional, national and international campaigns. Fountain Hills Jeff provides strategic consult for the planning of marketing efforts and planning of tactical activities like media and event coordination, and writing media releases and marketing literature as needed. Jennifer Pflugfelder, Public Relations Account Executive Jennifer will be the day-to-day contact for the Fountain Hills project. She is instrumental in the planning and implementation of the campaign. Jennifer manages public relations projects, including regional, national and international campaigns. Notable successes include international PR efforts for AMSAFE and its product, the airplane seatbelt airbag. Jennifer and Bliss Marketing provide PR and marketing services including national and international tradeshow support, international editorial coverage for newspapers, journals and television, and a wide range of marketing collateral including media kits, advertising, corporate brochures and direct mail. Jennifer is the former Communications Coordinator for Tempe -based software developer NeoPlanet, Inc., where she developed and exercised a variety of public relations techniques. At NeoPlanet Jennifer was responsible for both external and internal communications consisting of local, national and international media relation's techniques, trade show press management, white paper development and press release composition and dissemination. She worked closely with senior management developing and implementing communications goals and strategies. Jennifer assisted in executing the strategic placement of NeoPlanet's key messages in a variety of publications from top -tier national and international to category specific trade publications. Jennifer received a B.A. from the Walter Cronkite School of Journalism at Arizona State University, where she also studied business administration. Greg Wolf, Senior Designer Greg has more than 20 years experience in visual branding, corporate identity, creative production and development of high -impact design for the Web, electronic and printed communications for education, architecture, health/nutrition products and the electronics industries. Greg's recent client work includes: Arizona Commission of the Arts, Arizona Department of Transportation, Maricopa Department of Transportation, The Greater Phoenix Economic Council, AMSAFE, Arizona Association of Industries, MTI, League of Arizona Cities and Towns and many more. Greg has garnered awards for his designing and fabricating of national trade show exhibits. Chellie Buzzeo, Senior Designer Chellie brings 20 years of graphic design and fine arts background to Bliss Marketing and our clients. As the former creative director of Bliss Marketing, Chellie designed capability brochures and annual reports, brochures and ad campaigns, special event Fountain Hills promotions and much more. In addition to her contributions to Bliss Marketing, she currently serves as a docent of the Phoenix Art Museum where she donates her time and talent in creating visually stimulating marketing pieces. OUR METHODOLOGY IN WORKING WITH OUR CLIENTS Bliss Marketing/Multimedia's approach to Fountain Hills public relations and marketing would be similar in how we work with all our clients — it is a four -step development process: A. Defining the Opportunity The first steps in any program are goal setting and research. Once we understand your goals completely and have data to help us understand existing organization behavior and opinions, we can begin to develop a strategy to change, influence or support new or existing ideas. This strategy is then developed into key messages that become campaign themes, advertising copy, headlines, and news stories very quickly. We work with our client to determine exactly what we want to accomplish, how we measure success, and what tasks to undertake. We interview and conduct research with staff, committees, "customers," and information gatekeepers (the media). Research programs can be extensive and scientific, as well as subjective and anecdotal. It takes time to gather knowledge, opinions, attitudes, and behaviors of target audiences to determine the vision and strategies for retaining and expanding these revenue - generating groups. Research from surveys and report opinions provide the foundation for communications planning and action by asking: "Where are we now?" B. Planning and Programming Research results are presented to Fountain Hills staff. Then Bliss consultants and Fountain Hills staff work together with the results to create the strategies, objectives, and tactics to reach the overall Fountain Hills marketing and promotional plan. This second step in the approach asks: "Based on what we know about the situation, what should we do, say, or change?" C. Taking Action and Communicating The third step is launching a program of action and communication designed to achieve specific objectives. D. Evaluating the Program Fountain Hills The final step is objective assessment based on measurable results. Naturally, there are ongoing evaluations and adjustments made during the programs. However, at program milestones a more formal evaluation is made. We ask ourselves: "Did we achieve what we set out to do? What are the quantitative and qualitative results? Is the client satisfied?" Steps are also taken to assure that the established structure of the campaign will provide continued success. DEMONSTRATION OF OUR EXPERIENCE AND RELIABILITY We're Experienced in Working with Academic, Educational, and Cultural Arts Organizations. Our staff has worked for and with various academic, educational, and cultural arts organizations, such as National Association of Purchasing Management, ASU College of Business, Center for Advanced Purchasing Studies (CAPS), Arizona Society of CPAs, Arizona Commission on the Arts, ASU Art Museum, Arizona Science Center, Pueblo Grande Museum, Phoenix Art Museum, Electronic Education and EMG. For these organizations, we have helped produce award -winning marketing collateral and excellent local and national media relations coverage that assisted in increased revenue and growth — as well as visibility and recognition. We're a Well -Connected Link in the Business Community Value Chain. With more than 300 past and present clients, we're Arizona's all-time leader in business - to -business marketing. We're connected to more types of companies, technologies, and diverse business leaders than any other agency in Arizona. Our depth of inside knowledge and experience with all types of businesses makes us a value -add for all of our clients. We work with one -person and start-up companies all the way up to the world's largest businesses. Among our past and present clients are Compaq, APS (Axiom), AlliedSignal, AG Communications Systems, Sundt Construction, Avnet, AMSAFE, BFGoodrich, Motorola, and Intel. We're Involved with Non-profit Organizations That Better Our Community. We've served the Valley's leading companies, organizations and communities. Fountain Hills ,%W We've recently created the League of Arizona Cities and Towns' statewide communications and awareness campaign on the services that Arizona cities and town provide for their residents. Also, we're the creative and marketing team that handled Greater Phoenix Economic Council's (GPEC) branding campaign, Maricopa Association of Government's Valley Vision 2025 and many other community, economic, and quality of life efforts. In 1999, we provided over 1,000 hours of community pro bono service to Valley Leadership, the MS Society, Engineer's Week, Phoenix Man and Woman of the Year, Phoenix Art Museum, Public Relations Society of America, Phoenix Bobcats Track Club, and Temple Beth El. Other pro bono clients include Chris -Town YMCA, Phoenix/Valley of the Sun YMCA, Metro Pops Orchestra, GSPED Technology and Biotech Clusters, American Electronics Association and others. Creating Integrated Marketing Campaigns that Position and Build Brands and Messages • MAG Valley Vision 2025 Over the past 18 years, Bliss Marketing/Multimedia and its staff have developed hundreds of results -oriented marketing campaigns. This past year, Bliss Marketing/Multimedia created an integrated marketing campaign for the Maricopa Association of Governments (MAG) to support their Valley Vision 2025 efforts. The Valley Vision 2025 campaign was designed to allow the public a forum to determine what the future of Maricopa County would be like and how to prepare for it. The objectives for the campaign were: to create awareness in order to get a good response rate; allow for an open forum where people felt comfortable; and keep the subject fresh in the public's mind, even though the project is to be in effect in the year 2000. While the campaign is still ongoing, the initial kick-off event had in attendance more than 1,000 elected officials, city staff and citizens. All major print media and key electronic media covered the event. Tools that Bliss created for the MAG's campaign consisted of a CD-ROM, a series of advertisements and a mailer. Another recent success includes AmSafe, Inc. AmSafe designed the world's first aircraft seatbelt airbag. In order to market their product, we developed a campaign that established AmSafe as a highly visible world leader in airline seat belts extending its lead to new technology. Fountain Hills BJC: Bill Andres Page 1 of 2 Senior Partner Since joining BJC in 1997, Bill has used his vast network of media contacts and well-earned knowledge of the Arizona market to help many of our clients reach their PR goals. Bill's expertise includes issues management, community relations, media training, crisis communications, media negotiation, national and local publicity, collateral development, advertising and audio and video production. He's also become adept at using our affiliation with the Manning Selvage & Lee worldwide network to assist clients in Brazil, Hong Kong, Taiwan and France. A diverse background gives Bill his unique arsenal of skills. Prior to moving into public relations, Bill was an Emmy-winning television reporter and successful morning drive radio host. He once owned his own agency, Andres Associates, which produced TV and radio advertising and provided media training, video teleconferencing, and corporate event scripts for a variety of clients. Bill graduated from the University of Dayton with a B.A. in Communication Arts, and has been an Arizonan since 1978. He serves on the Paradise Valley Unified School District Long Range Financial Planning Committee and http://www.bjc.com/team/bill.html 2/10/2003 BJC: Bill Andres Page 2 of 2 is a founding member of the Men's Anti -Violence Network (M.A.N.). He is a graduate and member of Valley Leadership (Class XX), and served on the Tres Rios Arizona Steering Committee, and the Board of Directors for Arizona Children's Burn Camp. Bill resides in north Phoenix with his wife and two tall boys. He spends his spare time watching his sons compete in football and baseball and running to the store to buy more milk. Favorite websites: arizonavacationval ues.com freetranslation.com mickeyfinns.com http://www.bic.com/team/bill.html 2/10/2003 BJC: Suzanne Pfister Page 1 of 2 *%W Vice President, Environmental & Community Outreach Suzanne leads our Environmental & Community Outreach Division and specializes in community relations and environmental management. She is a member of the firm's management team. Suzanne has more than a decade of experience in community outreach, media relations and environmental management. She has worked in state, regional and local government, managing issues such as energy conservation, air quality, transportation and higher education. As a public affairs consultant, she has implemented community relations programs for air quality permits, hazardous waste clean-ups, transportation plans and water quality programs. She has also conducted numerous workshops on risk communication and enhancing public involvement. Suzanne has a Master's Degree in Public and Environmental Affairs from Indiana University and a Bachelor of Arts in Political Science/Urban Studies from Occidental College in Los Angeles. She was appointed by the Governor to the State Parks http://www.b_jc.com/team/suzanne.html 1/24/2003 BJC: Suzanne Pfister Page 2 of 2 Board and currently serves as Chairman. She also serves on the boards of the Arizona Humanities Council, the Phoenix Library Foundation, the Friends of the West Valley Recreation Corridor and the Arizona Trail Association. She is a member of Charter 100 and the International Association for Public Participation. In addition, she teaches the class "The Press, Power & Politics" for ASU's Non Profit Management Program. In her spare time, Suzanne is a scuba diver, photographer, hiker and world -traveler (we all live vicariously through her escapades). Favorite websites: www.pinalcreekgroup.com www.epa.gov www.bhp.au.com http://www.bic.com/team/suzanne.html 1/24/2003 BJC: Liz Meyers Page 1 of 2 Vice President, Marketing Communications Liz adds creativity and enthusiasm to the BJC mix that benefits our agency's clients and staff. She is also a member of the management team. During her nine-year tenure at BJC, Liz has planned and coordinated memorable and results oriented campaigns for numerous clients including Arizona Mills, MAXIMUS, Cox@Home, The Web Theatre, the Scottsdale Museum of Contemporary Art, Desert Schools Federal Credit Union and Cox Interactive Media. Liz's expertise includes media relations, special events coordination, and marketing communications. Her greatest enjoyment comes from creating successful partnerships between clients and non-profit organizations. Recent examples include Arizona Mills "Clean Out - Help Out" campaign, a donation drive that resulted in truckloads of donations to HomeBase Youth Services, and a spike in "teen clothing" sales at Arizona Mills. Tequila Grill's first time participation in the Waste Not Celebrity Chef Challenge resulted in a huge increase in dinner sales, as well as a substantial donation to help feed the Valley's homeless. Liz serves on the board of the Volunteer Center of Maricopa County and has held several leadership http://www.bjc.com/team/lizm.html 1/24/2003 BJC: Liz Meyers Page 2 of 2 M positions as a member of the Junior League of Phoenix. Her involvement with youth (beyond her own children) includes HomeBase Youth Services and Young Life of Greater Phoenix. In her spare time, she helps publicize holiday family events for First Christian Church. Liz is a member of Valley Leadership's Class XXIII (THE BEST CLASS ... for those of you who are also Valley Leadership graduates). Liz earned a journalism degree from San Jose State University. Favorite websites: theonion.com volunteerphoenix.org http://www.bjc.com/team/lizm.html 1/24/2003 BJ Communications / What We Do Page 1 of 2 r.. http://www.bjc.com/what.html That's a good question - and it deserves a good answer. L We are not "people persons" milling about with game show host personalities. We don't say "let's do a lunch meeting" dust to get a free meal. We don't take ourselves too seriously, but we do take our profession seriously -- including our relationships with our clients, the media and our peers. In a nutshell, BJC provides strategically sound, well -executed, results -oriented public relations programs for clients based in Arizona or wishing to expand their presence in Arizona. We are innovative in our strategies, approaching each new challenge with our combined past experiences and new creative thinking. We want our clients to be successful. We can assist in the development of marketing and communications plans or implement the public relations component of existing plans. We can help identify target audiences and the most cost-effective ways to reach them. Our capabilities include: o Media Relations and Publicity o Public Involvement o Community Outreach o Writing and Editing o Special Events o Business -to -Business Marketing o Crisis Communications o Issues Management 1/24/2003 BJ Communications / What We Do Page 2 of 2 o Collateral Development o Media Training o Advertising o Audio / Visual o Video Teleconference Facilitation Back To Main http://www.bic.com/what.html 1/24/2003 Kudos Page 1 of 3 g•T, 0 , o blit, cre?f • ddes ge; Y, U BJC Awards #1 Best Public Relations Firm, Arizona Business Magazine, 1998, 1999, 2000, 2001, 2002 2001 Public Relations Society of America Copper Anvil Award of Excellence for a Media Relations Campaign "Almost Warm and Fuzzy: Childhood and Contemporary Art" 2001 Public Relations Society of America Copper Anvil Award of Excellence for a Press Kit "Jewelry by Gauthier" 2001 Public Relations Society of America Copper Anvil Award of Excellence for a Single - Element Public Relations Tactics 'Newsletters' "Regional Public Transportation Authority" 2001 Public Relations Society of America Copper Anvil Award of Merit for Community Relations Campaign "Apache Junction Medical Center" 2001 Public Relations Society of America Copper Anvil Award of Merit for a Special Event "Hilo Hattie, the Store of Hawaii, Grand Opening" 2001 Public Relations Society of America Copper Anvil Award of Merit for Marketing Communications "WebPayPerView.com Launch" 2001 International Association of Business Communicators Phoenix Copper Quill Award of Excellence for Media Relations "Hilo Hattie, the Store of Hawaii, Grand Opening" 2001 International Association of Business Communicators Phoenix Copper Quill Award of Excellence for an Annual Report "Industrial Development Authority of Maricopa County" http://www.bjc.com/kudos.htm] 1/24/2003 Kudos Page 2 of 3 2000 International Association of Business Communicators Phoenix Copper Quill award of Merit for Media Relations �bl Scottsdale Museum of Contemporary Art, Grand Opening" 2000 International Association of Business Communicators Phoenix Copper Quill Award of Merit for Media Relations "The Great Indoors, Grand Opening" 2000 International Association of Business Communicators Phoenix Copper Quill Award of Merit for Community and Government Relations "Focus on Safety" 41 Public Relations Firm, The Business Journal "Book of Lists" Top 25, 1997, 1998, 1999 1998 International Association of Business Communicators Phoenix Copper Quill Award of Excellence for Media Packets "Arizona Mills Press Kits" 1998 International Association of Business Communicators Phoenix Copper Quill Award of Excellence for Promotion/Publicity "Arizona Mills Grand Opening" 1997-1998 Public Relations Society of America Copper Anvil Award of Merit for Marketing Communications "Arizona Mills Publicity Campaign" Public Relations Society of America Copper Anvil Award for Public Relations Campaign "College Goal Sunday" Public Relations Society of America Copper Anvil Award for Not -for -Profit Public Relations Campaign "Phoenix Race for the Cure: Paint the Town Pink" Public Relations Society of America Copper Anvil Award for Public Relations Tactics "College Goal Sunday" International Association of Business Communicators Gold Quill Award for Communications Management "Arizona State University Strategic Communications Plan" International Association of Business Communicators Copper Quill Award of Excellence for Writing "29th Annual Cowboy Artists of America Press http://www.b.ic.com/kudos.html 1/24/2003 Kudos Packet" Page 3 of 3 International Association of Business Communicators Silver Quill Award of Merit for Script Writing "Downtown Phoenix: Let's Keep It Safe" International Association of Business Communicators Copper Quill Award of Excellence for Promotion/Publicity "Art Detour 1992" International Association of Business Communicators Silver Quill Award of Excellence for Internal Campaign "Circle K Straight Talk" International Association of Business Communicators Award of Merit for Crisis Communications "Circle K Bankruptcy" Women in Communications Excellent Performance in Communications "BJC Please Release Me" Public Relations Society of America for Community Service "Circle K Trash Busters" Public Relations Society of America Award for Marketing Communications "Cowboy Artists of America Sale & Exhibition" Public Relations Society of America Award for Public Affairs "Clean Air Campaign" Public Relations Society of America Award for Emergency Public Relations "Circle K Bankruptcy" Back to Main http://www.bjc.com/kudos.html 1/24/2003 BJC's Portfolio of Clients Page 1 of 4 I - ves we are And we enjoy the * • our clients ana the + :. r bring with th6m. CURRENT AND FORMER BJC CLIENTS Agriculture Arizona Alliance for Food & Fiber Arizona Cattlegrowers' Association Arizona Department of Agriculture Civic and Cultural Arizona Music Festival Copperstate 1000 Cowboy Artists of America Sale & Exhibition Downtown Phoenix Partnership, Inc. Downtown Scottsdale Partnership, Inc. Greater Phoenix Economic Council Phoenix Art Museum Scottsdale Artists School Scottsdale Cultural Council Scottsdale Museum of Contemporary Art Super Bowl XXX Scottsdale Art Walk The Phoenix Zoo Education Arizona Commission for Postsecondary Education Arizona State University Arizona State University College of Business, MBA Program Arizona State University West College Expo College Goal Sunday Flinn Foundation Grand Canyon Field Institute Midwestern University St. HOPE Academy Financial Services Aetna Financial Services Arizona Credit Union League Bank of America Chase Bank Credit Card Services Desert Schools Federal Credit Union Heritage Bank Washington Mutual Governmental Arizona -Mexico Commission http://www.bjc.com/portfolio.html 1/24/2003 BJC's Portfolio of Clients Page 2 of 4 Arizona State Land Department Central Arizona Project City of Glendale `%W City of Phoenix City of Scottsdale Industrial Development Authority of Maricopa County Lake Havasu City Maricopa Association of Governments Regional Public Transportation Authority Scottsdale Police Department United States Postal Service Health Care Alliance for Disease Prevention Apache Junction Medical Center Barrow Neurological Institute Bristol-Myers Squibb Cardiac Diagnostic Institute Chandler Regional Health Systems CIBA-GEIGY Pharnaceuticals Eli Lilly Harris Laboratories Hoffman LaRoche, Inc. St. Joseph's Health Systems St. Luke's Hospital Symbion, Inc. Symmetry Health Data Systems, Inc. United Cerebral Palsy ValueOptions Vanguard Internet/Communications/Computers AmazingMail.com CatholicNetwork.com Cox Communications Cox@Home Cox Interactive Media Goodnet License USA LAN OceanlMG Sprint PCS WebPayPerView Mining/Industry American Traffic Systems, Inc. APS Black & Veatch BHP Copper China Pipeline Holdings Ltd. Custom Coals Gordon -Darby Magma Copper Company Mission, Inc. Participating Companies PG&E Generating, Inc. Pinal Creek Group Redflex Traffic Systems, Inc. (Scottsdale Photo Radar) http://www.bjc.com/portfolio.html 1/24/2003 BJC's Portfolio of Clients Page 3 of 4 Sanifill Super Shuttle Toyota Technical Center National Public Relations Agencies Dorland Sweeney Jones Edelman Worldwide Fleischman Hillard Manning, Selvage & Lee StratisKPR Professional Services After Hours Coppersmith, Gordon, Schermer, Owens & Nelson Deloitte & Touche Employee Solutions, Inc. Family Business Roundtable Fennemore Craig Jennings, Strouss & Salmon Murro Consulting Streich Lang Teramar Staffing WorldatWork top Real Estate & Development Arizona Multi -Housing Association ASU Research Park CB Commercial Real Estate Delmastro Eells, Inc. Desert Mountain Properties DC Ranch DMB Estate of James Campbell Estrella Mountain Ranch Hardison/Downey Construction, Inc. Insignia/ESG Johnson Carlier Kynship Development Corp. Koll Development MCO Properties, Fountain Hills Opus Southwest Pulte Homes RECORP Scottsdale Waterfront Sterling Pacific Sunbelt Holdings Sun City Homeowners Association Sundt Construction The Mills Corporation UDC Homes Woodbine Southwest/Kierland Reta!VProduct AJ's Arizona Mills Bashas' Cheer http://www.bic.com/portfolio.html 1/24/2003 BJC's Portfolio of Clients Page 4 of 4 Circle K Corporation Fat Free Pringles Fresh Step Crystals Hilo Hattie "The Store of Hawaii" Jewelry by Gauthier Kroy Max & Lucy Mother's Cakes & Cookies Pasta LaBella SprintPCS The Great Indoors/Sears The Store of Knowledge Tosco Marketing Corporation Xyron Tourism/Restaurants/Hospitality Alcatraz Brewing Co. Boston Market Crescent Hotel Don Pablo's Mexican Kitchen Einstein Brothers Bagels Harrah's Ak-Chin Casino P.F. Chang's China Bistro, Inc. THE TRADITION by Countrywide Utilities Arizona Public Service Citizens Water Resources PG&E NEG Back _to Main I top http://www.bic.com/portfolio.html 1/24/2003 TOWN OF FOUNTAIN HILLS OFFICE OF TOWN MANAGER MEMORANDUM TO: Honorable Mayor Beydler and DT: February 19, 2003 Town Council FR: Tim Pickering, Town Manager-:- - j RE: Follow-up on recommendation to hire a community education consultant regarding the property tax issue The staff, along with Vice Mayor Ralphe and Councilmember Melendez, reviewed proposals from BJ Communications, Inc. and Bliss Marketing/Multimedia. We are recommending that the Town Council approve the attached Bliss Marketing/Multimedia proposal at a cost of $7,300 to $8,300 per month. Reasoning: The Bliss Marketing/Multimedia proposal was more comprehensive, providing public forums, news articles, video, an 11-1/2 x 17" letter, and a web page. Additionally, Bliss Marketing had previously worked for the Town during the "mountain" issue and provided excellent service. Bliss is a smaller firm with six employees, versus BJC's firm of eleven employees, yet we feel comfortable their assistance will be very good. Summary of Approaches: Bliss Marketing/Multimedia BJ Communications, Inc. 1. Press kit to papers — Background, interviews 1. Develop key messages after talking to constituents 2. Create new articles and news releases for delivery to media 2. Train Council on key messages 3. Public forums with power point 3. Set up community group talks for Council members 4. Advertisement for Public service announcement (PSA) 4. Develop flyer 5. Develop two-sided letter 5. Power point or display board 6. Video 7. Web page Cost - $22,000 to $25,000 without postage Cost - $18,100 without postage References Contacted: Bliss Marketing/Multimedia BJ Communications, Inc. 1. Jim Scritchfield, Marketing Consultant, 1. Ray Jones, President, Arizona MTI Technologies — American Water Company - Worked with firm and Jennifer for 3 Worked with Bill for more than 3 years and very satisfied, he operates a years, some routine, more crisis -type California marketing firm. Bliss is very work, created positive ad brochures thorough and is fun to work with; they and always satisfied. listen and are a creative team. 2. Maria Arellano, Media Coordinator, 2. Todd Bankofier, Executive Director, APS - Arizona Technology Council — Bill Andres is a great writer, and is Exceptionally creative firm, very very satisfied on all aspects of his customer oriented, worked with MAG. communication work, has worked with Bill for many years. Summary With the property tax vote only three months away, we recommend the Council make a motion to approve the Bliss Marketing/Multimedia proposal costing $7,300 to $8,300 per month to ensure that our electorate is educated on a confusing subject. The Town Attorney has completed his legal review of the proposal. cc: Andrew McGuire, Town Attorney Pickering/E:/Stein/Pickering/prfirmrecommendation.doc/21903 BRss MARKETING/MULTIMEDIA Summary and Agreement Marketing Communications Services Provided by Bliss Marketing/Multimedia For The Town of Fountain Hills February 14, 2003 The Town of Fountain Hills Proposition 400—Educating citizens regarding the question of the source of the Town's Fire and Emergency Medical Services funding. Shall Fire and Emergency Medical Services be funded by a Property Tax, in place of an increased sales tax —or shall an increased sales tax be implemented, and the Town's Fire and Emergency Medical Services be funded by pulling from other Town functions? Bliss Marketing/Multimedia proposes to provide marketing communications services in an effort to educate the voters of the Town of Fountain Hills on the issues surrounding Proposition 400 so that they are educated and well-informed of both sides of the equation. We propose to provide an integrated marketing campaign that will inform citizens of the issues through public relations, public meetings, a newsletter, public service announcements issued by local media, a website addition with information and a video to distribute to local organizations and media. In short, Bliss Marketing proposes to function as the Town's Public Information Officer as it pertains to Proposition 400, with the Town Attorney and Town Manager having absolute veto power over all communications. Bliss Marketing/Multimedia (Agency) proposes to provide The Town of Fountain Hills (Client, with the Town Manager and Town Attorney as the designated client representatives) with full -service marketing communications, public relations project strategy and execution as outlined below. The Client is the editorial sounding board, and all materials produced by Bliss Marketing will be submitted to the Town Attorney and Manager for approval before they are distributed. It is our intent that all materials will serve as a record fully disclosing the issues and outcomes of the Proposition. A. Proposition 400 Public Relations Services Bliss will provide Client with project public relations. The scope of that work will be determined and authorized by Client. Bliss would create a press kit and media list of key editors and gatekeepers. With the Town of Fountain Hills, we would qualify editors that cover the topic, prepare a backgrounder (a brief paper that includes all background and history relevant to the proposition and discusses both sides of the issue), and releases, and contact and follow up with the selected editors who want your news. Concurrently, we create the news articles and releases needed to give the editors story lines that are suitable for use (in part, or whole). Once the list and materials are completed, we contact every editor on our list. Services provided by the Agency include, but are not limited to: 1. News media story placement public relations services 2. Media and editor qualification and contact (primarily targeting the Fountain Hills Times, Scottsdale Tribune and the Arizona Republic that is distributed in the Fountain Hills area, as well as any other media that is determined to be relevant by the Town). 3. Backgrounder development, interviewing, editing, placement. 4. News release and media alert writing 5. The creation, coordination of one to two 60 to 90 minute public forums to be held at a (free) public building with a professional moderator, may include a debate format. 6. Development of a PowerPoint presentation for during the public forum event(s) as described in #5 above. 7. Creative —ad development for potential PSA. (*'we have allotted for an additional $3,000 in contingency fees for advertising or insertion into local publications.) Approx. 100 hours @100/hr $10,000 PROPOSITION 400 PUBLIC RELATIONS PROJECT TOTAL $10,000 (**$13,000 including contingency fees) B. Proposition 400 Tabloid Newsletter Creative, layout, copywriting/editing and production of a 2-sided, 2-color, 11"x 17" newsletter. The newsletter is intended to inform Fountain Hills voters of the background, pros and cons of Proposition 400 (all material produced by Bliss Marketing is subject to the Town of Fountain Hills approval and final sign -off). We propose to print 10-12,000 pieces to cover a mailing to the approx. 8,000 residents as well as the additional for local newspaper insertion. Postage TBD. Writing/Creative Services - $6,000 2-sided 2-color Printing - Quantity approx. 10-12,000 $1,600 PROPOSITION 400 NEWSLETTER TOTAL (CREATIVE AND PRODUCTION) $7,600 C. Proposition 400 Video Creation and development of an approx. 5 to 6-minute interview oriented high -quality video to demonstrate and discuss the issues (pro and con) surrounding Proposition 400. The video will take a very unbiased educational approach, carrying the core messaging developed and carried throughout the educational campaign. Proposed video includes, but is not limited to: Concept Design and some scripting; shooting/videotaping; sound and editing. Content would be approved by Town Attorney and Manager before any release. Includes 25 copies of the video intended for local relevant organizations, media, and public forums. Creative and development video services— $3,600 PROPOSITION 400 VIDEO TOTAL $3,600 D. Proposition 400 Web page Addition Creation and Development of a web page regarding proposition 400 to add to the existing Fountain Hills website. Creative and development Services - $800 PROPOSITION 400 WEBPAGE TOTAL $800 Summary of Services/Deliverables: Marketing Deliverable Estimated Cost A. Proposition 400 Public Relations Services $10,000 • News release/background/pitching • Public Forum(s) coordination and press • PowerPoint Presentation B. Proposition 400 Tabloid Newsletter $7,600 • Copywriting and editing • Creative and layout • 10-12,000 Production C. Proposition 400 Video $3,600 D. Proposition 400 Webpage Addition $800 **$3,000 contingency for paid ads ace $3,000 $25,000** TOTAL PROPOSED COST ($22,000 +$3,000 contin w ads Bliss Marketing/Multimedia will be authorized to create and distribute press releases and press materials in an effort to generate press coverage for The Town of Fountain Hills, only with the Town's prior approval. Any combination of Marketing Communications and PR educational services above and beyond the designated hours per task will be provided by Bliss based on hours worked and material costs. Agency pricing is as follows: Public relations, writing, acct. service $100/hr OUTSIDE COST DESCRIPTION All outside costs are estimated at project start, based on Bliss Marketing experience with similar jobs. Final outside costs will be presented to and approved by the Client prior to start-up of outside vendor work. Bliss Marketing/Multimedia takes financial responsibility for all outside project purchases. Agency is the direct client of the vendor, putting us in a firm position to monitor quality control issues. Agency will not be held responsible for quality control on purchases when our Client is billed direct from the vendor. EXPENSES/TRAVEL POLICIES Expenses associated with travel, shipping, postage and handling, and long distance telephone calls for a specific project will be billed monthly. The Client prior to major activities will approve expenses. CHANGES, ALTERATIONS Customer -ordered changes or alterations to approved illustrations, copy, design or photography will be estimated and authorized via "change orders" and will be billed at normal additional cost. ACCURACY AND SIGN OFFS Client is ultimately responsible for final accuracy of all aspects of project, including copy and imagery. While Bliss Marketing/Multimedia makes extensive efforts to provide accurate drafts and revisions to projects, Client is expected to review and proof prior to final sign -off on project. Following sign -off, project is considered complete and correct in its existing state. Any further revisions or corrections are the responsibility of the Client, and will be billed accordingly. CANCELLATION POLICY This contract may be terminated, without cause, by either party at any time by sending the other party, by certified mail, return receipt requested, a 60-day advance written notice of termination. This contract may be cancelled by the Town pursuant to Arizona Revised Statutes 38-511. TERMS FOR PAYMENT As requested by the Town of Fountain Hills, payment in full will be due upon project completion. We understand and agree to the terms described: For The Town of Fountain Hills Date For Bliss Marketing/Multimedia Date Town of Fountain Hills F Agenda Item No. ty -- REQUEST TO SPEAK CARD Town Council Meeting Date — � Name_ l' 4� 6 L Address �14 F. /'- L/fF- City/Town Comments: Thank you for participating in your Town government. Your comments are an important ar_d valuable part of the process. (Please see reverse) Town of Fountain Hills Agenda Item No. REQUEST TO SPEAK CARD Town Council Meeting Date — Name kk 1 Address /& q() City/Town Comments: Thank you for participating in your Town government. Your comments are an important and valuable Part of the process. (Please see reverse) Town of Fountain Hills s Agenda Item No. s. REQUEST TO SPEAK CARD Town Council Meeting Date — Name - Addresss5' ►- 1� �� ,1=� ; a , ,, Y City/Town Comments: Thank you for participating in your Town government. Your comments are an important and valuable part of the process. (Please see reverse) Town of Fountain Hills Agenda Item No. — /�,/" _ REQUEST TO SPEAK CARD Town Council Meeting Date — Cg — C5� 0 Name A( I Q N N t j e lc '�d0e Address S33 City/Town Comments: �r 8-r., G n Thank you for participating in your Town government. Your comments are an important and valuable part of the process. (Please see reverse) ,J l Town_: of 'Fountain Hills r ►. Agenda Item No. z� r' f' REQUEST TO SPEAK CARD Town Council Meeting Date — Name Address City/To) Thank you for participating in your Town government. Your comments are an important and valuable part of the process. (Please see reverse) —�W -----._ Town of Fountain Hills LxrC11t1a ALUM 11U. y REQUEST TO SPEAK CARD Town Council Meeting Date — Name ,t , - ) (1Z Address /-ra 13 City/Town ,L/ Thank you for participating in your Town government. Your comments are an important and valuable part of the process. (Please see reverse) �tw Town, of Fountain Hills Agenda Item No. REQUEST TO SPEAK CARD Town Council Meeting Date - � - a Name Address City/Town 't-'t4 Comments:y5 0)%A M Thank you for participating in your Town government. Your comments are an important and valuable part of the process. (Please see reverse) Town of Fountain Hills Agenda Item No. .-- V REQUEST TO SPEAK CARD Town Council Meeting Date — Name h < 4 Address City/Town Comments: Thank you for participating in your Town government. Your comments are an important and valuable part of the process. (Please see reverse) '09 Town of Fo'uh'tain Hills Town Council Meeting Date — Agenda Item No. — I REQUEST TO SPEAK CARD Name., p Address lrYo? /-:F- 1-1111r'� �'c City/Town /Z - 42- fl Comments: 11 41'r 6 /7 4 2 Thank you for participating in your Town government. Your comments are an important and valuable part of the process. (Please see reverse) Town, Of Foun'.tain Hills Agenda Item No. REQUEST TO SPEAK CARD Town Council Meeting Date — Name z G 41-1 C J, Address t4-11' q City/Town A z FY-L(, Comments: —Z,,,z Thank you for participating in your Town government. Your comments are an important and valuable part of the process. (Please see reverse) Town of Fountain Hills Agenda Item No. REQUEST TO SPEAK CARD Town Council Meeting Date - Name t7 �� L, �0 �✓ �.f Address /��b ��i�-�JAp City/Town ' Comments: N Thank you for participating in your Town government. Your comments are an important and valuable part of the process. (Please see reverse) Town of Fountain Hills Agenda Item No. % 0 °= REQUEST TO SPEAK CARD Town Council Meeting Date - �aC Name /` I C,1A �'Z. Pa WAt�c-., Address / 14 / 1 r. &,e-I LAO `-r City/Town Comments: Thank you for participating in your Town government. Your comments are an important and valuable part of the process. (Please see reverse) Town_ ofFountain Hills Agenda Item No. REQUEST TO SPEAK CARD Town Council Meeting Date — Name p I'1 R/ o C. k 1 0 Address / s- rm ) n o c/ . City/Towno�� Comments: w Thank you for participating in your Town government. Your comments are an important and valuable part of the process. (Please see reverse) Town of Fountain Hills Agenda Item No. _ REQUEST TO SPEAK CARD Town Council Meeting Date — Name Address l5y l•E City/Town Comments: r ,j Thank you for participating in your Town government. Your comments are an important and valuable part of the process. (Please see reverse) M Town of Fountain Hills t, Agenda Item No. J REQUEST TO SPEAK CARD Town Council Meeting Date — Name W M 1 uVO W . Address City/Town j _ �- r Comments: s J (,it0 Thank you for participating in your Town government. Your comments are an important and valuable part of the process. (Please see reverse) Town of Fountain Hills Agenda Item No. �.t REQUEST TO SPEAK CARD Town Council Meeting Date — Name !0 C �'�/ Address / / 1_ i 5- City/Town F�' L,t A," ' l/4 / IV I c /-J -7 i Thank you for participating in your Town government. Your comments are an important and valuable part of the process. (Please see reverse) R Town of Fountain Hills } Agenda Item No. _ REQUEST TO SPEAK CARD Town Coun eeting Date — 02c _G Name (,—, 5 /'• Address k,-� �/ q City/Town Comments: -;--4 ' b U -' G S 16 Thank you for participating in your Town government. Your comments are an important and valuable part of the process. (Please see reverse) Town of Fountain Hills r Agenda Item No. = t: REQUEST TO SPEAK CARD Town Council Meeting Date — Name Z e r r- y %~t.,l 41 �� I r�- Address City/Town �' C Q r% s C Comments: &A, �� 1 o' '^ S Thank you for participating in your Town government. Your comments are an important and valuable part of the process. (Please see reverse) % G' Town: of Fountain Hills Agenda Item No. REQUEST TO SPEAK CARD Town Council Meeting Date — Name j2 Address 0' 0 C, y A.! City/Town Comments: Thank you for participating in your Town government. Your comments are an important and valuable part of the process. (Please see reverse) Town of 'Fountain Hills Agenda Item No. ` REQUEST TO SPEAK CARD Town Council Meeting Date — Name Address 4,5 l c; City/Town Comments: Thank you for participating in your Town government. Your comments are an important and valuable part of the process. (Please see reverse) Town of Fountain Hills Agenda Item No. 2 d- 1�_ REQUEST TO SPEAK CARD Town Council Meeting Date — 6�F Name,/i �ip✓1� S Address �''"�� ( ✓O h l�> w r2tA City/Town A 6-e K>,-+ 4- -L q —5D-D Comments: Thank you for participating in your Town government. Your comments are an important and valuable part of the process. (Please see reverse) Town of Fountain Hills L 2 Agenda Item No.� J - REQUEST TO SPEAK CARD Town Council Meeting Date — Name Address City/Town— Comments: Thank you for participating in your Town government. Your comments are an important and valuable part of the process. ,,, (Please see reverse) I �W Town of Fountain Hills l Agenda Item No. :. REQUEST TO SPEAK CARD Town Council Meeting Date — Name L c Address City/Town ..; T'A "� �� L L Comments: Thank you for participating in your Town government. Your comments are an important and valuable part of the process. (Please see reverse) Town of Fountain Hills �. Agenda Item No. by ,,a REQUEST TO SPEAK CARD Town Council Meeting Date — Name Address City/Town City/Town Thank you for participating in your Town government. Your comments are an important and valuable part of the process. (Please see reverse) Town of Fountain Hills Agenda Item No. REQUEST TO SPEAK CARD Town Council Meeting Date - -aQ -C Name Address % / `:�d- ( ( Z c, Cz V City/Town Comments: Thank you for participating in your Town government. Your comments are an important and valuable part of the process. (Please see reverse) Town of Fountain Hills Agenda Item No. / -� `� / -- REQUEST TO SPEAK CARD Town Council Meeting Date - �% >v Name �x- ,ff , /-, / Address / i` Z- zi �.^✓/ a �^�� -- City/Town ram;�- Comments: AP C6 -W Y? Tc2 Thank you for participating in your Town government. Your comments are an important and valuable part of the process. (Please see reverse) Town of f Fountain Hills Agenda Item No. 1s REQUEST TO SPEAK CARD Town CouncilMeetingDate — Name (�`� I Address -� City/Town Comments: S 44 � o-Uv� - I Thank you for participating in your Town government. Your comments are an important and valuable part of the process. (Please see reverse) Town of f Fountain Hills t Agenda Item No, REQUEST TO SPEAK CARD Town Council Meeting Date — Name) Address_ City/Town Comments: I �Ils C4A\ KM i 3 Co i7EV, *- I �? '�-00 L i Thank you for participating in your Town government. Your comments are an important and valuable Part of the process. (Please see reverse) Town. of Fountain Hills Agenda Item No. -� N REQUEST TO SPEAK CART) Town Count 11�eetin Dpte _ Name Address City/Town Comments: Thank you for participating in your Town t governmen. Your comments are an important and valuable Part of the process. (Please see reverse) Town of Fountain Hills Agenda .. Ag Item No. � R�UEST TO SPEAK CARD Town Council Meeting Date — Name r 4 U �` Address City/Town % Comments: Thank you for Participating in your Town government. Your comments are an important and valuable part the process. (Please see reverse) Town of Fountain Hills v 'z Agenda Item No. _ '4b' Town Name Addre City/Town Comments: REQUEST TO SPEAK CARD Thank you for participating in your Town government. Your comments are an important and valuable part of the process. (Please see reverse) Town of f Fountain Hills ,. Agenda Item No. REQUEST TO SPEAK CARD Town Council Meeting Date� /— Name Address City/Town / ff Comments: ./ �)z,4 / /c, Thank you for participating in your Town government. Your comments are an important and valuable part of the process. (Please see reverse) Town of Fountain Hills Agenda Item No. REQUEST TO SPEAK CARD Town Council Meeting Date — —02o Name Address % .7 / EF Y C-4 6)ri City/Town iu Comments: jzz� L) A) L� Thank you for participating in your Town government. Your comments are an important and valuable part of the process. (Please see reverse) Town of Fountain Hills Agenda Item No. REQUEST TO SPEAK CARD Town Council Meeting Date — Name �' �Q, l^ �^ V r -r E tipU L L Address City/Town Comments: U �-� C G!^ fic� C p Thank you for participating in your Town government. Your comments are an important and valuable part of the process. (Please see reverse) Town of Fountain Hills "-`Agenda Item No. ,K REQUEST TO SPEAK CARD Town Council Meeting Date — C:� — Name 1-4 i ! /, ►;:1_ 1-� . � I, Address_ js 7 3 City/Town Comments: b e sGc , t s ,o, -, S C- c' S �7 i Thank you for participating in your Town government. Your comments are an important and valuable part of the process. (Please see reverse) Town of Fountain Hills Agenda Item No. --L2— REQUEST TO SPEAK CARD Town Council Meeting Date — — 20 —G Name Address / A- O CU City/Town Comments: N, 6fl3C/-i< Thank you for participating in your Town government. Your comments are an important and v "able part of the process. (Please see reverse) Town of Fountain Hills - Agenda Item No. REQUEST TO SPEAK CARD Town Council' Meeting Date — Name el r,4 Address / (0 City/Town Comments: A 04,6."�e 4�4 49 Thank you for participating in your Town government. Your comments are an important and valuable part of the process. (Please see reverse)