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2003.0306.TCRM.Packet
NOTICE OF REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Jon Beydler Councilman Rick Melendez Councilwoman Kathy Nicola Councilwoman Leesa Stevens Councilman John Kavanagh Councilman Mike Archambault Vice Mayor Susan Ralphe WHEN: THURSDAY, MARCH 6, 2003 TIME: 6:30 P.M. REGULAR SESSION WHERE: TOWN HALL COUNCIL CHAMBERS 16836 EAST PALISADES BOULEVARD, BUILDING B PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker's card and submit it to the Town Clerk prior to public discussion of that agenda item. The Clerk will indicate when speaker cards are no longer being accepted. After a motion regarding an agenda item has been made, seconded, and discussed by the Council, the Town Clerk will call the names of those who completed a speaker's card. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Speakers' names will appear on the overhead screen. At that time, speakers should stand and approach the podium in the order listed. Speakers are asked to state their name prior to commenting and to direct their comments to the Chair and not to other Councilmembers or staff. Speakers' statements should not be repetitive. Speakers will have three minutes from the time they are recognized. If representing a specific group or more than three minutes are needed, contact the Town Clerk prior to the beginning of this meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. RULES FOR ADDRESSING THE COUNCIL — ADOPTED 1/18/90 Please adhere to the following rules of order if you wish to speak: 1.) All citizens wishing to speak must fill out speaker cards and 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. E:\BBender\Documents\Current Minutes 2003\Regular Session 3-6-03 agenda.doc Page 1 of 3 Last printed 3/5/2003 2:38 PM 7.) Persons or groups wishing to make longer presentations should see the Town Clerk prior to the meeting. • CALL TO ORDER AND ROLL CALL — Mayor Beydler • CALL TO ORDER AND PLEDGE TO THE FLAG — Mayor Beydler • INVOCATION — Reverend Mark Lansberry, The Fountains Methodist Church E Consent Agenda: All items listed with an asterisk (*) are considered to be routine, non -controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda, 'hey 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. EST. TIME AGENDA ITEM Consent *1.) Consideration of APPROVING THE MEETING MINUTES of February 6, 11 and 6:40 p.m. 20, 2003. *2.) Consideration of a PRELIMINARY PLAT for the 2-unit Krall Condominiums, located at 14020 Edgeworth Drive., aka Plat 104, Block 5, Lot 31, Case Number S2002-54. *3.) Consideration of the EXTENSION OF PREMISE/PATIO PERMIT submitted by James J. Rooney for the Silver Stein, at 17030 Enterprise Drive. The permit is a temporary extension of the Stein's liquor license for their St. Patty's Day party scheduled for March 17, 2003. 6:45 p.m. 4.) RECOGNIZE Outgoing Town Board and Commission Members. 6:55 p.m. 5.) RECOGNIZE Loving Family Dental and Elite Painting and Wall Coverings for their sponsorship of the St. Patrick's Day event. 7:00 p.m. 6.) Educational PRESENTATION by MCO on the formation of a Community Facilities District for Adero Canyon. 7:15 p.m. 7.) Consideration of a RESOLUTION 2003-08 regarding 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. 7:45 p.m. 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 Land Use Map from the designations of "Lodging" to "Multi -Family Residential High Density" on a portion of final plat "Fountain Hills Resort" Lot 1. Case Number GPA2002-01. 8:15 p.m. 9.) Consideration of RESOLUTION 2003-04 a proposed amendment to the Town of Fountain Hills General Plan that would change the Land Use Map from the designations of "Lodging" to "Multi -Family Residential High Density" on a portion of final plat "Fountain Hills Resort" Lot 1. Case Number GPA2002-01. E:\BBender\Documents\Current Minutes 2003\Regular Session 3-6-03 agenda.doc Page 2 of 3 Last printed 3/5/2003 2:38 PM �w 8:30 p.m. 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. 9:00 P.M. 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. 9:15 p.m. 12.) PUBLIC HEARING to receive comments on ORDINANCE #03-04 a proposed rezoning from R1-8 (single family residential) and R-5 (multi -family residential) to R-5 PUD for property located at 13225 North Eagle Ridge Drive. Case Number Z2003-02 and PD2003-01. 9:45 p.m. 13.) Consideration of ORDINANCE #03-04 a proposed rezoning from R1-8 (single family residential) and R-5 (multi -family residential) to R-5 PUD for property located at 13225 North Eagle Ridge Drive. Case Number Z2003-02 and PD2003-01. 10:00 p.m. 14.) PUBLIC HEARING to receive comments on a request for a SPECIAL USE PERMIT to allow a Resort/Country Club in an R-5 zoning district located at 13225 North Eagle Ridge Drive. Case Number SU2003-01. 10:15 p.m. 15.) Consideration of a request for a SPECIAL USE PERMIT to allow a Resort/Country Club in an R-5 zoning district located at 13225 North Eagle Ridge Drive. Case Number SU2003-01. 10:30 p.m. 16.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths and weaknesses and discuss possible improvements for future meetings. 10:45 p.m. 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 cal; 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 28th day of February, 2003 Bevelyn 1. 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 participate in this meeting or to obtain agenda information in large print format. t ice, 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\itegular Session 3-6-03 agenda.doc Page 3 of 3 Last printed 3/5/2003 2:38 PM Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 3/6/03 Submitting Department: Admin Contact Person: Bender Consent:® Regular:❑ Requesting Action:® Report Only:❑ Tvne 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 meeting minutes Council Prioritv (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Library Services ❑ Public Safety ❑ Community Activities ❑ Economic Development ❑ Public Works ❑ Human Service Needs ❑ Parks & Recreation ❑ Town Elections ❑ Community Development Rellular Agenda Wordini * 1.) Consideration of APPROVING THE MEETING MINUTES of February 6. 11, and 20, 2003. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: To provide an accurate account of council meetings for archival purposes. List All Attachments as Follows: February 6, 11, and 20, 2003, council meeting minutes Type(s) of Presentation: None Signatures of Submitting Staff: Department Head Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) ,%W Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 3-6-03 Submitting Department: Community Development Contact Person: Denise Ruhling, Planner Consent:❑ Regular:® Requesting Action:® Tvne of Document Needing Anuroval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Annronriate'Areas) ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ® Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording Consideration of a PRELIMINARY PLAT for the 2-unit Krall Condominiums, located at 14020 Edgeworth Drive., aka Plat 104, Block 5, Lot 31, Case Number S2002-54. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: This request is for approval of the Preliminary/Final Plat "The Krall 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: SiMnatures of Submittin14 Staff: D partment Head T n Manager / e nee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT STAFF REPORT TO: Mayor Beydler and Town Council DT: February 26, 2003 FR: Denise Ruhling, Planner �, RE: 104 14020 Edgeworth Drive aka Final Plat Block 5 Lot 31 Case Number S2002-54 Consider approval of a Final plat for "Krall Condominiums" a subdivision of Plat 104, Block 5, Lot 31. DESCRIPTION: OWNER: Paul M. Krall APPLICANT: Paul M. Krall EXISTING ZONING: "R-2" EXISTING CONDITION: Duplex LOT SIZE: 11,250 square feet or .26 acres SURROUNDING LAND USES AND ZONING: NORTH: Residential Duplex; zoned "R-2" �.• SOUTH: Residential Single Family; zoned "R-2" EAST: Residential Duplex; zoned "R-2" WEST: Residential Duplex; zoned "R-2" SUMMARY: This request by Paul M. Krall is for approval of Preliminary/Final plat for "Krall Condominiums" a subdivision of Final Plat 104, Block 5, Lot 31. The applicant is requesting approval of a two (2)-unit condominium project in a R-2 zoning district. The two -unit complex is currently under the sole ownership of Paul M. Krall. Lot coverage is 30.0%; allowed lot coverage is 50%. Project density is 5,625 square feet of land per dwelling unit; required density is 4,000 square feet of land per dwelling unit. Unit A has 1,296 square feet of living area plus 390 square feet of garage. Unit B has 1,085 square feet of living area plus 234 square feet of garage. Units have a common patio area of 380 square feet. Parking is accommodated by a one -car garage, carport and two tandem parking spaces. Trash pick up is individual. EVALUATION: The application conforms to the TOFH zoning ordinance requirements for limited multi -family housing; including, setbacks, lot coverage, open space, and parking. Krall Condominiums S2002-54 The Planning & Zoning Commission reviewed this application at their February 13, 2003, meeting and unanimously voted to recommend approval. RECOMMENDATION: The proposed Final Plat is in compliance with the regulations of The Town of Fountain Hills Zoning Ordinance. Staff recommends approval of the Final Plat S2002-54 "Krall Condominiums" a subdivision of Final Plat 104, Block 5, Lot 31. Page 2 of 2 n o�� o � i t i tliAi��a��z j �� 9,E•L�a��i � a �� ���� �g �p,p����� ���i��� ���; EF����g$�� g:l irk lijzz .� li 6i z 3 1 C tla . C�r rrog@: � � ! !d s�,�d �` � �"� a ��• � ig� g, "a • e � oz@ � tEfrr i;�� 3 R ��i tl CR�ppvo� A� iE� a bds� 9x�6ra�� y jEi7� ! v 9 � Ci 1 m 1 > E � i B e e B u �y \ \� Cc ti \ \ r O/ / / / / v / ..Was 'IT I' ��� ��� � sp�� � °►fir` rrt � sq ° Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 3-6-03 Contact Person: Tom Ward Requesting Action:® Tvne of Document Needing Annroval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ® Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check ADDromiate 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 Extension of Premise permit subbmitted by the Silver Stein, 17030 Enterprise Drive. The request is for their St. Patrick's Day party on March 17, 2003. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: To obtain Council approval for an Extension of Premise permit. The application meets the security requirements, it complies with statutory and liquor license regulations, and it received a favorable recommendation from the Town Marshal based on his background investigation. List All Attachments as Follows: Ward memo; Tate memo; application and premise drawing Type(s) of Presentation: Consent Agenda Signatures of Submitting Staff: D artment Head Budget Review (if item not budgeted or exceeds budget amount) Town Manager / Designee TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor Beydler and Town Council DT: March 5, 2003 FR: Tom Ward, Pd6ctgr of Public Works RE: Silver Stein Extension of Premise Vj James Rooney has requested an extension of premise permit for the Silver Stein located at 17030 Enterprise Drive for their St. Patrick's Day party on March 17, 2003. The request is to extend the Stein's liquor license to an area immediately adjacent to the west wall of the building. The area will be fenced with security personnel at the door to insure that alcohol remains within the approved area. This is a routine request and meets the statutory requirements regarding security, access and liquor control. Public Works and the Town Marshal have reviewed the application and recommend approval by the Council. \\earth\BBrannon\Special Event Liquor License\Silver Stein Extension of Premise 3-03.doc TOWN OF FOUNTAIN HILLS OFFICE OF TOWN MARSHAL INTER OFFICE MEMO TO: Tom Ward, Director of Public Works DT: March 5, 2003 FR: Todd Tate, Interim Town Marshal RE: Extension of Premises — Silver Stein The purpose of this memorandum is to forward an endorsement of the attached extension of premises request from James Rooney of the Silver Stein. I am aware that this will be on the Council agenda for the March 6t' meeting. The Silver Stein is located at 17030 Enterprise Drive. The request is for an extension of premise for a St. Patrick's Day celebration on Monday, March 17''. A review of our records indicates that the applicant has no outstanding complaints and has been in compliance during previous extension of premises for this event. A review of the State Department of Liquor Licenses & Control records indicates that the Silver Stein has a valid class 12 license, #12070015, which is current through 03-31-03. A class 12 is a restaurant license and does allow temporary extension of premise provisions under the Arizona Revised Statutes, title 4, section 207.01(b). The extension must be contiguous to the premises, as the applicant has indicated in his attached diagram. The applicant has also made provisions for security by having someone at the entrance to the extension area. Based on compliance with the provisions of ARS 4-207.02(b) and the applicant's valid class 12 license in place on the premises, I recommend approval by the Council. ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007 Tucson AZ 85701 (602) 542-5141 (520) 628-6595 APPLICATION FOR EXTENSION OF PRENHSES/PATIO PERMIT ❑ Permanent change of area of service ❑ Temporary change for date(s) of;,, — I 2. 3 Owner or Agent's Name: / L Z ZJ/1/!- 7 7 ///C- _ \ '� Laster / O First Middle / Mailing Address: City State Z;p 7 5,113 Business Name: /�it� i%� �/� LICENSE #:4=7?1�zl 4. Business Address: 5. Business Phone: 4!! —) 93 7—/ /S 7 / City COUNTY State Zip Residence Phone: 4 6. Are you familiar with Arizona Liquor Laws and Regulations? M YES ❑ NONa, lr� 7. Wh is ,qurity precautions will be take t to p�vent liquor violations in the extended 8. Does this extension bring your premises within 300 feet of a church or school? WYES ❑ NO 9. IMPORTANT: ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING YOUR LICENSED PREMISES AND WHAT YOU PROPOSE TO ADD. ****After completing sections 1-9 bring this application to your local Board of Supervisors, City Council or Designate for their recommendation. This change in premises is RECOMMENDED by the local Board of Supervisors, City Council or Designate: / w r(Auth6iized Signature) ('Pule) (Agency) I, V,!! ,' S V f Z jet ,— V , being first duly sworn upon oath, hereby depose, swear and declare, under (Print full name) erjury, that I am the APPLICANT making foregoing application and that the application has been read and that the contents all statemen s c ntained P ei a true,correct and complete. of llwner o�AgWry OFFICIAL SEAL USAN GRIGGSth- Public - State of Arizona /ARICOPA COUNTY omm. expires Jan. 26, 2005 My commission expires on: Investigation Recommendation : Licensing Approval: RIBED IN MY PRESENCE AND SWORN TO before me day of , ��/�' --- -�, 06,3 of Month Month Year (Signature of Date: Date: *Disabled individuals requiring special accommodation, please call the Department. LIC0105 11/97 w Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Parks and Recreation Consent: ❑ Regular: Meeting Date: February 6, 2003 Contact Person: Mark Mayer Requesting Action:❑ Tvve 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: Rec. of Outgoing Board/Comm. Council Prioritv (Check ADDroDriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only.-® ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ® Parks & Recreation Regular Agenda Wording: Recognition of Outgoing Town Board and Commission members Staff Recommendation Approve Fiscal Impact: No t- Purpose of Item and Background Information: Publically recognize outgoing members of various Town boards and commissions by having the Mayor read a prepared statement acknowledging their service to the community during the past year. Prepared Statement - to be read by the Mayor Type(s) of Presentation: Oral Signatures of Submitting Staff: T\"— ' 0 . � Department Head ' �3 Town Man er / Designee Budget Review (if item not budgeted or exceeds budget amount) ACKNOWLEDGMENT OF VARIOUS OUTGOING BOARD AND COMMISSION MEMBERS On behalf of myself, the members of the Town Council and the residents of Fountain Hills we wish to recognize the services of a number of individuals that have served on various boards and commissions without enumeration during the past year. They are: Mr. Joe Bill, Board Member — for his service on the Municipal Property Corporation, which sells bonds for various Town projects. Mr. John Rosenquist, Commissioner — for his service on the McDowell Mountain Preservation Commission, which worked to set aside the McDowell Mountain Preserve. Ms. Gail Pape and Ms. Cheryl Murray, Commissioners — for their service on the Community Center Advisory Commission, which provides recommendations regarding the operation of the facility. Mr. Tim Brown, Mr. George Williams and Mr. Matt Paul, Commissioners — for their service on the Parks and Recreation Commission, which provides recommendations to staff and the Mayor and Council regarding recreation programs, parks and facilities. Our appreciation to each of you for your willingness to serve your community through public service. Thank you. Town of Fountain Hills Town Council Agenda Action Form `' Meeting Type: Regular Meeting Submitting Department: Parks and Recreation Consent: ❑ Regular: Meeting Date: February 6, 2003 Contact Person: Mark Mayer Requesting Action:❑ Tvpe 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: Rec of St Pat's Day Sponsor Council Prioritv (Check Anorooriate 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: Recognition of St. Patrick's Day Celebration Sponsors Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: Publically recognize St. Patrick's Day Celebration sponsors by having the Mayor read a prepared statement acknowledging their financial contribution to one of the community's signature special events in these tough economic times. List All Attachments as Follows: Prepared Statement - to be read by the Mayor Tvpe(s) of Presentation: Oral Si4natures of Submitting Staff: Department Head Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) ACKNOWLEDGMENT OF ST. PATRICK'S DAY CELEBRATION SPONSORS On behalf of myself, the members of the Town Council and Staff, and the residents of Fountain Hills, we wish to recognize the contribution of the sponsors for the 2003 St. Patrick's Day Celebration at Fountain Park. The sponsors for the celebration are Loving Family Dental at Fountainview Center and Elite Painting and Wall Coverings. The dying of the Fountain green on St. Patrick's Day has become a tradition since the early 80's. Thanks to Tim and Lisa Loving and Mike and Carol Martinez, this Fountain Hills signature event will provide enjoyment for the many residents and visitors at the park on St. Patrick's Day, Monday, March 17`i'. Their generosity will make this event possible despite the Town's current financial constraints. Our appreciation to Loving Family Dental and Elite Painting and Wall Coverings for your willingness to serve your community through the sponsorship of this unique Town event. Thank you. Town of Fountain Hills Town Council Agenda Action Form """ Meeting Type: Regular Meeting Submitting Department: Administration Consent:❑ Regular:® Meeting Date: 03/06/03 Contact Person: Tim Pickering Requesting Action:❑ TVDe of Document Needine 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: Presentation Council Prioritv (Check Appropriate Areas): Report Only:® ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ 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: PRESENTATION by MCO on the formation of a Community Facilities District for Adero Canyon. Staff Recommendation: Fiscal Impact: No $0 Purpose of Item and Background Information: MCO wishes to propose the use of a special district, known as a Community Facilities District, to finance a portion of the cost for the Eagle Ridge Drive extension. The land in the Adero Canyon development would be the only land included in the CFD. No application has been submitted or reviewed. The staff recommends a CFD policy be adopted prior to any Council action taken. List All Attachments as Follows: Memo to Town Manager, MCO/Town Settlement Agreement (previously distributed), pages 1 and 15, Section 7.1 Additional Obligations Type(s) of Presentation: oral w/PowerPoint 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 ACCOUNTING SUPERVISOR INTER OFFICE MEMO TO: Mr. Timothy Pickering, Town Manager DT: February 26, 2003 FR: Julie A. Ghetti, Accounting Supervisor Administration RE: Community Facilities District Policy At the March 6 meeting the Town Council will hear a presentation by MCO Custom Properties requesting support for creating a Community Facilities District (CFD) in Adero Canyon (formerly Eagle Ridge North). The presentation was originally scheduled for February 20, 2003 but was continued at the request of the developer. MCO wanted to give the Council time to address any additional questions that might arise from their response to the staff report dated February 13, 2003. As MCO's letter states there are benefits associated with the formation of a CFD to finance public infrastructure, both to the Town and to the Developer. There are also disadvantages, such as the possible effect on the Town and/or District bonding capacity. Costs and long term commitments associated with the formation and subsequent maintenance of the CFD should all be taken into consideration by the Council. Prior to Council review or tentative approval of a CFD concept by a developer, a formal Town policy should be adopted to evaluate the application to determine that the Developer had met CFD criteria previously established by Council. The policy should require that all costs be borne by the beneficiaries of the project. Most cities (Goodyear, Scottsdale, Mesa, Peoria for example) have a policy in place that require certain criteria to be met and application costs prepaid. After reviewing the other cities policies and procedures a draft policy will be prepared for Council consideration at the March 20th meeting. \\earth\JGhetti\WPDATA\INTEROFFICE MEMO GHETTI.doc MCO Custom PROPERTIES ... HAND DELIVERED February 7, 2003 Mr. Tim Pickering Town Manager Town of Fountain Hills P.O. Box 17958 Fountain Hills, Arizona 85269 Dear Tim: In response to your letter of January 31', we look forward to presenting the possible Community Facilities District (CFD) for Adero Canyon to the Town Council at the February 20th meeting. Per your letter, I have enclosed some summary material on CFD's for the Town Council's review. We plan to outline to the Council the formation steps and operation of a CFD for Adero Canyon at the upcoming meeting. If you have any questions, please let me know. Sincerely, Greg Bielli President cc: Town Council 16930 E. Palisades Blvd. ♦ Fountain Hills, AZ 85268 ♦ 480-837-9660 Fax: 480-837-1677 ♦ www.mcoproperties.com U CM O � � N � 06 a) c 0 -f--j U) � 4O Uj O -C O N- N U !E `� N O +� L +-+ O U O L +O N c O >, 7 O = cn U p :'=' 0 E o p � � cn o U � c v O > 00 �U �� � L asL LL O 0U U a� a� ._ = U) m c =a cn U U .O Q U 4-0 •� O = O 4-a C6 U N O 4-a cn > O c U c �. O O N cn U) � LL .Va)� � � O +O O .� Ca ° •� U •0 CIO C U U .� . 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O 4-1C O C6 .� L 0- i O O� E F— o- m I— co _ O J m dL �E TOWN OF FOUNTAIN HILLS OFFICE OF ACCOUNTING SUPERVISOR INTER OFFICE MEMO TO: Mr. Timothy Pickering, Town Manager DT: February 13, 2003 FR: Julie A. Ghetti, Accounting Supervisor Administration ' RE: Community Facilities Districts The purpose of this mem andum is to provide background to the Council on the possible formation of a new Community Facilities District (CFD) for the purpose of financing a portion of the cost for the Eagle Ridge Drive extension. I would like to take this opportunity to review how CFD's impact Town accounting staff. In 1996 the Town Council approved the formation of the Eagle Mountain Community Facilities District for the purpose of financing the public infrastructure (sewer mainlines, storm water conveyance and two main roadways). In 1999 a second facilities district, the Cottonwoods Improvement District, was formed for the purpose of sidewalk improvements. Community facilities districts are legally separate entities from the Town government but are considered part of the Town's governmental operations and included in all financial reports. When the districts were formed Town staff prepared the financial data required for the sale of the bonds and worked with bond counsel and investment team (Peacock, Hislop, Staley & Given). Staff will spend approximately 24 hours preparing and reviewing the data for the Preliminary and Final Official Offering Statements that are submitted to the investment community. The Eagle Mountain CFD was formed with the stipulation that the developer provide an investment guarantee that could provide for the annual debt service payment until sufficient property tax revenues are collected. The CFD annually levies a $3.00 per hundred assessment on every property owner within the District and is collected by Maricopa County — the average residential property tax in this community is $4,808 per year'. The trustee maintains the funding agreement contract in the amount of $4,435,000 providing interest income for debt service. The investment team communicates regularly with the accounting staff during the year to discuss terms of the guaranteed investment contract, refunding the developer contract, refinancing, etc. (requires approximately 4 hours per year). The Cottonwoods Improvement District issued special assessment bonds against property owners within the District who chose to amortize their assessment over ten years. Assessment liens are placed on the property and the owners are billed semi-annually by the Town. Town staff is responsible for maintaining the receivable ledgers, recording payments, calculating payoffs, issuing past due statements, preparing lien releases and responding to resident inquiries (approximately 12 hours annually). 1 Source: Based on information in Eagle Mountain CFD Annual Disclosure Report gn Page 2 The accounting records for the districts are maintained by the accounting staff during the fiscal year and blended in with the Comprehensive Annual Financial Report (CAFR) at year end. The accounting department receives monthly property tax receipts for the Eagle Mountain CID from Maricopa County and prepares a check to transfer the funds to the district's trustee. The assets and liabilities of the districts are reconciled with the trustee statements and the annual budget is prepared by Town staff. The required annual disclosure report is prepared by the trustees for submission to the Nationally Recognized Municipal Securities Information Repositories (NRMSIRs), a draft of which is provided to Town staff for approval. During the time period when property tax statements are issued (September and March) the CFD property owners frequently call Town staff to inquire about the additional $3.00 per hundred assessment on their tax bill (estimated 5 hours per year, 20 calls). Resident calls to Maricopa County are referred to the Town for a response. The majority of calls are from property owners asking when was the tax imposed, what was the purpose of the tax levy and when will it go away. Most of the residents complain that they were not informed of the additional tax levy when they purchased the property. In preparation for the event that this financing method may be requested by other developers in the future, before acting on any request, the Town Council should formalize a policy, under what circumstances such financing may be available to the development community and under what terms and conditions such financing may occur. The policy could address such issues as beneficiaries of the financing, fiscal impact (including staff time), operation and maintenance of the CID, Town costs to be reimbursed and qualifications for the application of a CID. The formation of a CID requires an analysis of Town finances and projections for the future. Until the Town recovers from the current financial crisis and a clear path to financial stability is established, this may not be the best use of staff resources at this time. The use of CFD financing should serve as an enhancement to, and not a drain on, the financing resources of the Town. The pros and cons of forming a CID are offered below to provide the Council with additional information in their evaluation: PROS: ■ CFD financing may be utilized to supplement Town resources allowing projects to be completed sooner ■ CFD's provide private developers of large-scale real estate developments within the Town with a relatively low cost financing alternative to enhance project feasibility and quality ■ Town can provide municipal services within the boundaries of a district with the expense borne entirely or in part by levy on property owners and users within the district Page 3 CONS: ■ There is little benefit to the Town in general. ■ Consideration of CFD's requires additional staff resources that might otherwise be utilized on higher priority projects (examples are budget reduction plan, budget preparation, annual audit and preparation, new accounting promulgations such as GASB34, etc.). Estimated annual accounting cost per CFD is $2,000 (45 hours x average hourly rate of $44.45). ■ The consideration and formation of CFD's requires that the Town Manager and Town Attorney devote significant time with the developer and other staff members at a combined hourly rate of approximately $250 per hour. An estimate of total time that would be required from the legal and management staff would be around 50 hours, or $12,500. ■ CFD's are typically formed prior to the sale of property to individual homeowners; the subsequent property owners hold the Town responsible for the tax levy on their bill. If the Council wishes to consider a draft policy that would provide guidelines for the use of CFD financing I would be happy to do the research and coordinate the document with Public Works Department and the Town Attorney. I believe that having such a policy in place would facilitate the application and approval process. The alternative to adoption of a Town CFD policy would be to consider the use of CFD financing on a case -by -case basis without predetermined limitations or conditions on its use. cc: Tom Ward, Public Works Director Attachment: Final Settlement Agreement, MCO and Town of Fountain Hills dated Dec. 4/2001 \\earth\JGhetti\WPDATA\INTEROFFICE MEMO GHETTI.doc FINAL SETTLEMENT AGREEMENT This Final Settlement Agreement ("Agreement") is made and entered into as of December 4, 2001 (the "Approval Date"), by and between the Town of Fountain Hills, an Arizona municipal corporation ("Town"), and MCO Properties, L.P. d/b/a MCO Properties Limited Partnership, a Delaware limited partnership doing business in the State of Arizona ("MCO"). A. MCO is the owner of the real property depicted on Exhibit "A" to this Agreement (the "Mountain Property"). The Mountain Property is comprised of approximately 1,269.36 acres of undeveloped land. B. A portion of the Mountain Property, as more particularly described on Exhibits "B-1 " and `B-2" to this Agreement (the "Property"), is now approved as subdivisions presently known as (i) Eagle Ridge North, as depicted on Exhibit "A" to this Agreement and described on Exhibit "B-1" to this Agreement ("Eagle Ridge North"), and presently known as (ii) Eagles Nest, as depicted on Exhibit "A" to this Agreement and described on Exhibit "B-2" to this Agreement ("Eagles Nest"). The parties acknowledge that Eagle Ridge North and Eagles Nest are also known as "Sienna Canyon" and "NorthPeak, " respectively, and one or both may be renamed in the future at MCO's discretion. C. The Town has commenced two condemnation actions against MCO to acquire portions of the Mountain Property to add to the Fountain Hills McDowell Mountains Preserve. The two actions were consolidated as Town of Fountain Hills v. MCO Properties, L.P., No. CV 99- 12291/No. C 2000-019579 (consolidated) (the "Condemnation Litigation"), and are presently pending in the Superior Court of the State of Arizona in and for the County of Maricopa ("Court"). D. MCO and the Town are also parties to an action pending in the Court denominated MCO Properties L.P. v. Town of Fountain Hills, No. CV 2001-000102 (the "Subdivision Ordinance Litigation"). E. An affiliate of MCO and the Town are parties to an action pending in the Court and denominated MCO Committee for Referendum, et al. v. Town of Fountain Hills, et al., No. CV 99- 22556 (the "Referendum Litigation"). F. The parties have previously entered into the "McDowell Preserve Settlement Agreement" dated June 27, 2001 (the "McDowell Preserve Settlement Agreement") with respect to settlement of the Condemnation Litigation, the Subdivision Ordinance Litigation and the Referendum Litigation (collectively, the "Pending Actions"). G. Pursuant to the McDowellPreserve Settlement Agreement, amended preliminary plats for development of Eagle Ridge North (Case Number S 1999-024) and Eagles Nest (Case Number S 1999-025) were submitted by MCO to the Town and were unanimously approved by the Town Council on October 4, 2001 (the "Preliminary Plats"). In connection therewith, the Town abandoned the public rights -of -way within Eagles Nest (Resolution 2001-42) and approved the private rights -of - way within Eagles Nest as shown in the applicable Preliminary Plat. HAWp\Settlement Agreement December 2001 vt6 .wpd 12/7/01 5:24 pm 6.18.3. The Town Engineer shall approve development within the Property with pursuant to the Miscellaneous Matters. 7. Additional Obligations. 7.1 The parties acknowledge that Eagle Ridge Drive as located on the Master Plat shall remain a public roadway. Notwithstanding the foregoing, the Town shall prohibit all mass transit vehicles (e.g., public or charter buses) from Eagle Ridge Drive except Fountain Hills school buses carrying children to and from school and school -sanctioned field trips. MCO shall construct Eagle Ridge Drive, a sidewalk on one side of Eagle Ridge Drive, and a bicycle lane (the roadway, the sidewalk and bicycle lane not to exceed eight (8) feet in aeQreQate width). within the standard riQht- of-way for Eagle Ridge Drive. MCO shall pave Eagle Ridge Drive no later than the date that a certificate of occupancy is issued for a home within the Property. The public shall have access to Eagle Ridge Drive following acceptance o s improvements by the Town. 7.2 MCO shall construct the following wildlife sensitive crossings within the Property: seven (7) bridges (each consisting of fill adjacent to each wall of the wash, and a center bridge span of forty (40) feet), as depicted on the McDowell Preserve Settlement Agreement (the "Bridges"). 7.3 MCO shall use good faith efforts to avoid locating wet utilities (i. e., water, sewer, and natural gas) within unfilled wash areas within the Property. In connection therewith MCO shall be permitted to suspend wet utility lines below the Bridges. 7.4 MCO has provided pedestrian and bicycle access by plat reservation on the Final Master Plat, and shall provide pedestrian and bicycle access as depicted on the Preliminary Plat for Eagles Nest by plat reservations on the applicable Final Parcel Plats for Eagles Nest (collectively, the "Eagles Nest Access"). The Eagles Nest Access shall be open following completion of all subdivision improvements in Eagles Nest to be dedicated to the Town and their acceptance by the Town. MCO shall develop signage informing and directing pedestrians and bicyclists regarding such access. The number and location of such signs shall be agreed to by MCO and the Town. 7.5 Following the construction of Mountain Parkway within Eagles Nest, MCO and the Town may negotiate the terms of a temporary access easement, for use prior to construction of the pedestrian and bicycle access depicted on the Preliminary Plat. The form and substance of such temporary access easement shall be acceptable to MCO in its sole discretion. 7.6 Prior to opening of the Eagles Nest Access, MCO shall dedicate to the Town, and the Town shall accept, twenty (20) parking spaces on property outside of the Eagles Nest gate, adjoining Golden Eagle Boulevard. MCO shall pave such parking spaces prior to their dedication and thereafter the Town shall maintain such spaces. The Town shall only permit parking on such spaces in connection with use of the Eagles Nest Access, and only during the hours of operation maintained for the Trailhead. Town Regulation of Development. "Val. 8.1 The rules, regulations, fees, and official policies of the Town applicable to and governing the development of the Property shall be those rules, regulations, and official policies H:\Wp\Scttbment Agreement December 2001 vr6 .wpd l27/01 5:24 pm -15- 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 RE: Continuation of agenda item #15 — Presentation on proposed CFD for Adero � Canyon MCO Properties has requested that agenda item #15 be continued to the March 6, 2003 Town Council meeting. We have removed it from the agenda. A letter of explanation and the fiscal impact report are attached. Please note that the original cover page for agenda item #15 indicated a recommendation for "approval". This was incorrect. The original intent was for the property owner to make an educational presentation only, and not for Council consideration for approval or denial. Also attached, for your information, is a copy of the June 14, 1990 council work-study minutes on community facilities districts. MCO Custom PROPERTIES February 19, 2003 Honorable Mayor Beydler Fountain Hills Town Council P.O. Box 17958 Fountain Hills, Arizona 85268 Dear Mayor and Council: As you are all aware, MCO Properties has requested your support for the creation of a Community Facilities District (CFD) to aid in the construction of Eagle Ridge Drive in Adero Canyon. Today, we received a copy of the Town's staff report which outlines certain concerns your staff has with the creation of the CFD, more specifically, both concerns regarding a lack of available staff resources and that "there is little benefit to the Town in general." We take these negative conclusions quite seriously and obviously disagree with them. As we have previously explained to your staff, we believe we can both minimize the resource concerns and increase your comfort with the significant benefits associated with approving the CFD. STAFF CONCERN: Lack of Staff Resources 1. The Town can choose to outsource the additional tasks required under the CFD. 2. The CFD can reimburse the Town for the cost of its direct or outsourced services, thereby eliminating any financial burden to the Town. 3. Beyond the assistance required in the initial formation of the CFD, the amount of ongoing staff support is quite minimal, especially in relation to the significant economic benefits. STAFF CONCERN: Limited benefit to the community in general 1. Attached, for your review, is a report prepared on behalf of MCO by the highly regarded economic consulting firm of Elliot D. Pollack and Associates. This report demonstrates the projected economic benefit to the Town on the development of Adero Canyon, if the project is initiated this year. The report clearly shows that the potential delay resulting from the lack of a CFD will only hurt the community, by delaying the financial benefits generated for the Town by this project. 16930 E. Palisades Blvd. ♦ Fountain Hills, AZ 85268 ♦ 480-837-9660 Fax: 480-837-1677 ♦ www.mcoproperties.com Honorable Mayor Beydler Fountain Hills Town Council Page Two February 19, 2003 2. The Settlement Agreement envisioned Eagle Ridge Drive as a public road offering direct access to the community's trailhead. The trailhead, and accompanying access, is a community asset that the Town's citizens made a priority during our negotiations. With the formation of the Adero Canyon CFD, access to this community facility will become available sooner than later. This is clearly a Town benefit beyond the significant economic benefits cited in the Pollack report. Given our concerns over the staff report as we have outlined here and the additions questions which may be raised by this letter, we feel that all parties would be better served if this item were to be continued to your March 6th agenda and we therefore request such a continuance. You have a large agenda for Thursday evening and having this discussion late that evening would not serve the Town and/or MCO very well. After reading both the staff report and our response, please give me a call and will be more than happy to go over the materials with you. This is a very important vote for both the Town and MCO and we hope the continuance to March 6th will serve both our interests. Sincerely, Greg Bielli President cc: Tim Pickering Andrew McGuire Tom Ward 02/18/03 11:10 'U480 423 5942 February 14, 2003 Mr. Greg Bielli MCO Properties 16930 East Palisades Blvd. Fountain Hills, AZ 85268 POLLACK F,cwlomiC and Real Estate Consu/ring Re: Fiscal Impact of Adero Canyon Dear Mr. Bielli: Elliott D. Pollack and Company has conducted an analysis of the fiscal impact of the proposed Adero Canyon subdivision in Fountain Hills, Arizona. The project consists of 171 single-family lots with an expected average home value of over S 1.6 million. We have determined from our analysis that the project will bring significant fiscal benefits to the Town of Fountain Hills, the Fountain Hills School District and the Fountain Hills Sanitary District. A summary of our analysis follows with detailed fiscal impact tables attached to the end of this letter. The Town of Fountain Hills will receive revenue from the Adero Canyon subdivision in a number of ways. Following is a Eummary of the primary revenue sources of the community that will be impacted by the subdvision. Construction Sales Tax The Town levies a sales tax on materials used in the construction of buildings and land improvements. The tax is calculated under the assumption that 65% of the construction cost of the facility and its land improvements are related to construction materials with the remaining 35% devoted to labor. The Town's 2.6% sales tax rate (beginning April 1, 2003) is then applied to the 65% materials figure. Building, Permits and Impact Fees The Town charges building permit fees to account for inspection of buildings while under construction. The average building permit and plan check fee is estimated at $4,020 per unit. The Town also charges impact fees to offset the cost of providing infrastructure to newly developing areas of the Town. Impact fees totaling $3,495 per unit are collected for public safety, open space, parks and recreation, streets and general Elliott D. Pollack & com any 7505 Gast 0 AveIIUE, Suitc 100 Scottsdale. Arizona 85251 U PH 450.423.9200 ■ FAX 4SO,423.5942 ■ Pollack tied � cnm ■ www.anZonscconumy,com 002/008.• ' A . 02/18%03 11:11 $480 423 5942 POLLACK 00s; 008 A government. Both building permit and impact fees are one time collections made at the time of construction of a structure. • Retail Sales Tax Beginning April 1, 2003, Fountain Hills will increase its sales tax on .retail goods and services from 1.6% to 2.6%. Residents of Adero Canyon will spend a portion of their disposable incomes in the Town's retail shopping centers and stores, resulting in additional revenue for the Town. Estimates of the extent of resident spending related to Adero Canyon have been developed from analysis of the U.S. Consumer Expenditure Survey. Property Taxes The Town of Fountain Hills levies a secondary property tax on real estate at the rate of $0.5137 per $100 of assessed value. The taxable value of residential buildings is typically 80% of tnie market value. Residential property is assessed at a 10% rate. • State Shared Revenue',; Each city in Arizona receives a portion of State revenues collected from four different sources - State sales tax, State income tax, vehicle license tax and highway user tax. The formulas for allocating these revenues are primarily based on population. For 2002, the State distributed approximately $280 per person to each city. The increase in population related to Adero Canyon will result in increased state share revenues. ' The Adero Canyon subdivision will also provide significant benefits to the Fountain Hills School District in the form of increased property tax revenues. The Fountain Hills Sanitary District will also see an increase in revenue as well. The following table summarizes both the one-time construction revenues that will accrue to the Town as well as ongoing revenues. In total, the Town of Fountain Hills will receive nearly $4.4 million dollars in construction sales taxes and building permit and impact fees over the life of the project. These fees will be collected over a number of years as the subdivision is built out. Ongoing revenues to the Town consist of state shared revenue, sales taxes on resident spending and property taxes. In total, the Town 'will collect approximately $350,000 each year from these sources. This estimate is based on 2003 dollars and does not take into account the impact of inflation in the future. The Fountain Hills School District will, experience an increase of S 1.3 million dollars in property tax revenue annually and the Sanitary District will see an increase of over $350,000 annually. 2 .02/18/03 1.1:11 "C480 423 5942 POLLACK [� o04/008 ADERO CANYON FISCAL INIPACT SUN>MARY One -Time Revenues Town of Fountains Hills Construction Sales Tax $3,106,124 Buildin permit/Impact Fees $1,285,065 Total To Town of Fountain Hills $4,391,189 On -Going Annual Revenues Town of Fountain .Hills State Shared Revenue $127,840 Sales Tax From Resident Spending $83,027 Property Tax $141,602 Total To Town of Fountain Hills $352,469 Fountain Hills School Distrid $1,313,369 Fountain Hills Sanitary District $356,914 Sources: Elliott D. Pollack & CO.. MCO _— The revenues generated from the Adero Canyon subdivision are significant given the relatively small size of the development. storically,revenues ions generateddriven. by the projected high value of housing in the subdivision. i generated from subdivisions with these housing values have more than offset the local goverment cost of providing services. In other words, Fountain Hills should experience a surplus of revenue from the subdivision that may be used for a variety of other public purposes. Additional tables that follow at the end of this letter provide more detailed summaries of the calculation of revenues. The last table on page 7 shows the impact of the subdivision over a 20-year period, assuming a ten-year build -out. Fountain Hills should collect more than $9.5 million from the subdivision over that time frame (in constant 2003 dollars). In other words, each year that the project is delayed costs the Town an average of $4'75,000, At a modest inflation rate of 3%, the 20-year total. to the Town increases to approximately S12.4 million or an average of $619,000 annually. Should there be any questions concerning our analysis, we are available for further explanation. Sincerely, Richard C. Merritt, AICP Senior Vice President 3 02/18/03 11:12 V480 423 5942 POLLACK 2 005/008 ADERO CANYON ' FISCAL IMPACT CONSTRUCTION SALES TAJES Improvement Cost , Land Development: $5,607,383 Main Infrastructure Phase 1 $453,330 Subdivision 1 $1,920,014 Subdivision 2 $2,312,436 Subdivision 3 $1,635,668 . Subdivision 4 $526,499 ' Subdivision 5 S978,291. Subdivision 6 $1,952,084 Subdivision 7 $2,069,528 Subdivision 8 $9473870 Subdivision 9 S 18,403,104 , Totals $11,962,017 Taxable (65%) Total Land Development Sales Taxes 2 6% 311,012 ' Town of Fountain Bills 6.3% 753,607 State of Arizona Estimated Total Sales Taxes Generated 8.9% 1,064,620 Home Construction: S1,612,000 Average Home Value 'n 15.0% $241,800 Estimated Profit Mar Estimated Cost Basis of Lot and Improvements $1,370,200 5370,00 ' . Less Lot Value Estimated Cost Basis of Improvements 200 $967,200 Percentage Taxable $628,680 Taxable Cost Basis 2 6% $16,346 Fountain Hills Tax (as of 4/01/03) 6 3% $39,607 State and CountyTaxes 8 9%, $55,953 ; Total Sales Taxes Per Unit Number of Homes to be Developed 171 Total Home Construction Sales Taxes $2,795,111 Town of Fountain Hills $6,772,770 State of Arizona Estimated Total Sales Taxes Generated $9,567,881 Sourccs; WO, Elhoa D. Pollack & Co. 4 02/18/03 11:12 $480 423 5942 POLLACK C]006/008' ADERO CANYON FISCAL IMPACT BUILDING PE&NnT AND IMPACT FEES 020 Building Permit and Plan Check Fees Per Unit $495 , impact Fees Per Unit $3 ,495 Total Fees Per Unit $7,515 Number of Units Total Revenues to Fountain Hills $1,285,065 • Sources: Town of Fountain Hills, MCCI ADERO CANYON FISCAL IMPACT STATE SI•I"ED REVENUE* Units Person/Unit Total Population 171 2.67 457 $280 Avg. State Shared Revenue/Person $127,940 ' Total Annual Revenue Comprised of state shared sales taxes, income taxes, HURF and vehicle license taxes Source: Elliott D. Pollack & Co., AZ Dept. of Revenue , ADERO CANYON FISCAL IMPACT , TAX REVENUE DUE TO RESIDENT SPENDING • SALES Total lJouseholds 171 Estimated Taxable S endin Per Household $37,349 Total Taxable Spending $6,386,679 Fountain Hills Capture Rate 52.6 Sales Tax Rate (as of 4/01/03) ./. ; Estimated Anana1 Sales Tax Revenue 583,027 Note: Taxable spending does not include auto pwthases. Sources: Elliott D. Pollack & Co_, U.S. Consumer Expenditure Survey 5 N 02/18/03 11:12 $480 423 5942 POLLACK a►)DERO CANYON FISCAL IMPACT PROPERTY TAXES Average Lot Value (Inflated Dollars) Average letnrovements Value (3 x Lot Value) Total Estimated Home value County Assessor's Market Value (80% of true value) Assessment Ratio Average Assessed Value Per Unit Tax Rates per S 100 AV Homeowner's Tax Enti prime Sccond� - 0.5137 Total 0.5137 Town of Fountain Frills Fountain Hills School District 2.5146 2.2500 4.7646 Fountain Hills Sani District - .2948 1,2949 Total Fountain Hills Tax Entities 2.5146 4.0585 6.5731 Maricopa Counry 1.2108 0.0800 1.2908 Education Equalisation 0.4889 - 0.4889 Community College 0.9634 0.1493 1.1127 Flood Control District - 0.2119 0.2119 Central Arizona Water - 0.1300 0.1300 Fire District Assistance - 0.0076 0.0076 0.0421 0.0421 Library 0. i 117 0.1117 E. Vallcy institute 5.1777 4.7911 9.9689 Total All Tax Entities 0,.•,-,,,.'. veln xCiricana County Treasurcr, Elliott D. Pollack & Co. 6 2 007/008 $403,000 $1,209,000 S1,612,000 $1,289,600 10.0% , S161,200 Annual Revenue Revenue Total Revenue : Pcr Unit At Build -Out S828 $141,602 S7,681 $1,313,369 $2,087 $356.914 $10,596 $1,811,885 $2.081 055,812 $788 $134,766 $1,794 $306,718 $342 $58,411 $2.10 $35,835 S12 $2,095 $68 $11,605 S180 $30,790 , 516,070 $2,747 917 a • 02-18,03 11:.12 V490 423 5942 POLLACK F• II 3g� K�1M� a .,�ri 1V 0 V M Y m T j 4ax ' t �sQ, „. 5 a a I� NN� V x'n YA - P A �S �sAc ciMlx II..^" �ii r A a�1 P RIM - 5�3 ` p r. r qq It py Asa N g - 8 to P Z 008 008 A l ' OF THE FOUNTAIN HILLS TOWN COUNCIL MINUTES OF THE WORK/STUDY SESSION JUNE 14, 1990 The Mayor called the work/study session to order at approximately 8:15 p.m. AGENDA ITEM #2 - PRESENTATION BY BOB CASILLAS OF PEACOCK, HISLOP, STALEY & GIVEN, INC. ON COMMUNITY FACILITIES DISTRICTS Mr. Casillas introduced the other presenters for the evening which included Jim Stricklin, another principle of the firm and Michael Cafiso, an attorney with O'Connor Cavanaugh. Mr. Casillas supplied the council and staff with a booklet covering all the topics they would be covering in their presentation. The gentlemen discussed types of bonds, ie. general obligation bonds and revenue bonds. They also went over revenue sources such as taxes, special assessments, user charges, etc. This was followed by an over view of the role of rating agencies, the role of investment bankers and the role of bond counsels. Mayor Cutillo requested that the presenters get into greater depth on the facilites districts themselves because that is what the council was really interested in at this time. They then moved onto the legislative history of the community facilities district act and what some of the functions are of the districts as well as some of the other states and communities where they have been established. The legislation took place here to attract developers by providing capital for their projects. It also provides a mechanism for communities to promote development through the use of special assessment bonds, improvement district bonds and community facilites district bonds. The town's liability and responsibility as far as debt goes was discussed. CFD's do not have to be considered an obligation of the town, keeping more funding capacity for the town. This can be set up if the developer will accept repayment responsibility. They suggested that the town require any developer to up front tell how they are going to finance the project. They discussed the difference between improvement districts and community facilities districts where the latter does not have the town standing behind the debt. CFD's have a life of their own - their debt is their debt. The presenters then went through the step by step formation of CFD's, developer/landowner request and the subsequent application, general plan and petition process using the flow chart included in their booklet. They also went over the easy and more difficult methods of formation. The town can act as a board of directors of the CFD. Another board could be formed but Mr. McNulty pointed out that this would be another layer of government that could conflict with the government of the town. They then discussed project development, the feasibility report which includes information as to cost and maintenance. They said the town should have a policy in place as to how districts can be formed so when a developer comes in and says they want to form a district, they can be handed the policy of requirements to follow. The presenters further said that there is currently no legislation available to dissolve a CFD once it is formed so they should be formed slowly and carefully. Even if inactive, the district requires a budget every year. Due to the time constraints, the gentlemen left an additional booklet and wrapped up their presentation. AGENDA ITEM #3 - REVIEW OF TOWN CODES Due to the late hour the council passed on this item and went on to the budget discussion. AGENDA ITEM #4 - REVIEW OF PRELIMINARY BUDGET Vice Mayor Fox handed out copies of the proposed preliminary budget as well as a pictorial breakout of the broken down budget (attached). He briefly went over the revenues and how he generally got his figures. He then went over the departmental budgets. He said the council had until the 3rd Monday in Ar July to adopt the tentative budget by law and until the 3rd week in August to formally adopt the budget. Low He recommended that by the last meeting of the month, they should be able to adopt a budget so there Page 5 of 6 Town of Fountain Hills Town Council Agenda Action Form Meetinaype Regular Meeting Meeting Date: 3/6/03 Submitting Department: Community Development Contact Persons: Denise Ruhling, Planner Consent:❑ Regular;® Requesting Action:® e of -Document Needing Appro*al-(Check all that ❑ 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 Council Prioritv (CheAfC Annrovnate"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 a RESOLUTION 2003-08 regarding 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 �.• Staff Recommendation: Disapprove Fiscal Impact; No Purpose of Item and Background Informations 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. Types) ofJ'resentation: Mw M.,z 1)4aiiment Head Development Agreement, Staff Memo. Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT TOWN COUNCIL MEMO TO: Mayor Beydler and Town Council DT: February 27, 2003 FR: Denise Ruhling, Planner RE: Development Agreement Between the Town of Fountain Hills and Fountain Vista 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 addresses several issues that staff would like to provide input on. The following is an outline of those issues including staff comments. Agreement 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. Agreement 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 no issue with this portion of the development agreement. 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 has requested that the HPE requirement be approved as a purchase (further addressed in Paragraph 8). The Town has adopted ordinances requiring designation of natural preserve during development therefore; staff recommends that the purchase of the HPE be denied. Agreement Paragraph 8 — Payment to the Town: No -Build Easement; Reduced Setbacks: Payment to the Town for the Hillside Protection Easement is proposed at a total of $371,567. This equates to $1.00 per square foot, which is consistent with previous HPE purchases. The establishment of the No -Build Easement (1.38 acres) is a result of a compromise between the Developer and residents of Westridge Village. This easement will prevent the building of structures in close proximity to the Westridge Village development. In order to accommodate this "No -Build" easement and the relocation of the five (5) units which were proposed for that area, it will be necessary to waive the 30' rear yard setback requirement. The Developer and Staff will work closely to ensure that the encroachment into this setback requirement is minimal. Agreement Paragraph 10 - 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 within 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 with 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. 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. However, since Planning & Zoning Commission recommendation of approval, staff has attended many meetings with the developer and Westridge Village residents to strive towards a mutual agreement. Staff views the efforts of the Developer and Residents as a willingness to support this development. Based on these statements, and for the good of the community, staff feels that the project should move forward. DEVELOPMENT AGREEMENT This Development Agreement (this "Agreement") is entered into ���� " , 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"). RECITALS A. ARtz. 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 I%W 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 9196.010\Fountain Vista Dev Agt.v8.doc 2-27-03-1 4 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.v8.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 4 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. 9196.010\Fountain Vista Dev Agt.v8.doc 2-27-03-1 5 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 �%w 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: 480-837-1404 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 Agt.v8.doc 2-27-03-1 131 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 Against 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 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 `` 01 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, an Arizona municipal corporation In I1 Bev Bender, Town Clerk 9196.010\Fountain Vista Dev Agt.v8.doc 2-27-03-1 FOUNTAIN VISTA PROPERTIES, LLC, an Arizona limited liability company HulpaEh. ManaxinwMember ,` 09 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 9196.0 1 OTountain Vista Dev Agt.v8.doc 2-27-03-1 0 FOUNTAIN HILLS RESORT LEGAL DESCRIPTION LOT 1 a 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 Momiment fou nd 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 minutes31 seconds East a distance of 2640. 40 feet to a Goveniment Land Office monument being the Southeast Comer of said Section; Thence North 32 degrees 25 minutes 21 seconds West a distance of 449.74 feet to a rebar mid cap set and the true Point of Beginning; 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 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 rebar.found, Thence, departing said Right of Way, South 39 degrees 25 mmules 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. 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 B l V D- s H E A _ 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) :::;ACT B 3,397.79 SQ FT ( 0.78 ACRES Exhibit "B" Proposed Zoning Plan 23.02 acres of land graphically depicted FOUATAINHILLS RESORT LEGAL DESCRIPTION TRACT A 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 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 Once 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 425.00 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 rebar found• Thence, departing said Right of Way and along the west line of Westridge Village, as shown in book 437, Page 30, Mancopa 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 number99-0921845, 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 Way, 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 Way 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 Way 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 rebar found; 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 Maricopa 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 Wary 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 secondly 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 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 East a distance of 84.97 feet to the north Right of Way 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 C HAROLD E: BEABO T FOUNTAIN HILLS RESORT A PORTION OF SEC. 20, 21, 28 & 29. T 3 N. R 6 E. G&SRB&M NARICOPA COUNTY, ARIZONA FOUNTAIN HILLS, ARIZONA Scale in feet 0 400 800 1.200 gtVD. SNEA _ ------- 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 ZQNE BOUNDARY Lo T 1 } A portion of Section 20, Township 3 North. Range 6 East of the Gila and Salt River Base and Meridian► ,Mancopa County, Arizona; More parttcularly described,' Commencing at a GLO M=w;enl foemd bevg the South Oar Corner of said Section 10; Thence ala»g flee South line of the West Ouarter of Awd Section Sow* 89 degrees 58 mumtes I seconds East a distance of 2640.40 feet to a GLO naeormmad teeing die Soudeeasi Corner Sedion: T hennce Nash 31 degrees 25 minutes 21 second; West a &aa nce of 449.74 feet to a rebcn and cap set and dee true Pourt of Beginning; Thence South 71 degrees 19 minutes 44 seconds West a distance of 687.06 feet; Thence North 16 degrees 36 matutes 24 seconds West a distance of 253.13 feet; Thence North 73 degrees 33 mhnrus 17 surds Fast a distance of 10492 feet; Thence North 73 degrees 23 mumtes 31 seconds East a dstance of 4433 feet; Thence North 74 degrees 03 mmules 03 seconds East a distance of 20.29 feet; Thence North 64 degrees 02 minYtes 47 seconds East a akistanae of"feet; Thence North 49 degrees 38 urinates 22 seconds East a &stance of 4Z 19 feet; Thence North 41 degrees 12 mimat s 33 seconds FAW a afistaeae of 47.86 feet, T lneum North 35 degrees 29 minutes 04 seconds Fast a distance of 37.33 feet; Thence North 34 degrees 46 mirmtes 40 seaoveds FAzv a alLttsnce of 22-09 feet; Thence North 23 degrees 47 mnmtcs 58 seconds Fast a a►isiaece of 7.86 feet; Thence North 12 degrees 56 mmneLoes 10 secaonds Eaw a aistance of 10 86 feet; Thence North 14 ogees 53 minnow 14 seconds East a distance of I4.70 feet; Thence North 15 degrees 45 mrndes 33 seconds East a afstanm of 54 54 feet; Thence North 15 degrees 06 mumtes 10 mwrds Fast a a0stanee of 7362 feet; Thence North 15 degrees 17 mimdes 09 seconds East a &"arnce of 86.47 feet; Thence North 14 degrees 56 mimes 35 seconds Fist a a6iskmm of 36 15feet. Thence North 15 degrees 49 mumtes 52 seconds Ea W a mice of 4818 feet; Thence North 15 degrees 42 mumtes 58 seconds ds West a distance of 78.80 feet; Thence North 15 degrees 27 mirmtes 21 seconds West a Cie of 65.26feet; Thence North 24 degrees 24 mnaaes 24 seconds West a a0stance of 30.21 feet; Thence North 29 degrees 39 orgies 30 seconalk West a alsta ce of 4I.96 feet; Thence North 38 degrees 59 minutes 25 seconds rest a distance of 48 28 feet; Thence North 46 degrees 52 mundes 00 seconds West a stance of 2 7.42feet; Thence North 54 degrees 40 mundes 55 seconds West a &Ustance of 84 82 feet; Thence North 52 degrees 33 mirmtes 13 secondc West a dfs w" of 13234 feet; Thence North 22 degrees 29 minutes !1 seconds Fast a a5stanw ojr23.20jee4- Thence North 52 degrees 22 minutes 57 seconds East a dis►a►nce of 194 45 feet; Thence South 39 degrees 25 munrtes 44 seconds Fast a distance of 803.46 feet; Thence South 04 degrees 00 minndes 42 seconds West a &stance of 425.00 feet to the Point of beginning. G �r 338 0 Lu HAROLD E." CC BEABOuT t�11_l�Z exhibit "E" Portion of Lot 1-23.03 acres being 9.91 acres of the L-3 Property be replaced by R-4 Property 4 f •pj 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,• Commtxdng at a GLO Mateoreent found berg the South Qurarter Corner °f said Section 10; Thence along the South line of the west Otmrter of sasd Secbm South 89 degrees 58 maws 31 seconds East a &VOnce of 2640.40 feet to a GLO n►oraonent beeng &e Sora� Corner of said Suction; T h e�ece North 32 degrees 25 aunutes 21 seconds West a &sta we of 449 74 feet to, a rebar and cap set and the true Pbhrt of Beginning; Thence South 71 degrees 19 minutes 44 seconds West a distarece of 687. 06 feet; Thence North 16 degrees 36 mundes 24 seconds West a aUstmece of 253.13 feet; Thence North 73 degrees 33 minutes 17 seconds East a dance of 104 92 feet; Thence North 73 degrees 23 � 31 seconds Fast a dux of 44-33 feet Thence North 74 degrees 03 minutes 03 seconds Fast a aUstar" of 20Z9 feet: thence North 64 degrees 02 mumies 47 seconds East a dcstw" of 3029 feet. Thmw North 49 degrees 38 nwurtes 22 seconds East a distance of 4219 feet; Thence North 41 degrees 12 numdes 33 seconds East a distance of 47.86 feet; Thence North 35 &g ees 29 mmuuts 04 seco ndr East a dstmxae of 37.33 feet; Thence North 34 degrees 46 arms es 40 seconds Emt a d%stance of 2209 feet; Thence North 23 degrees 47 minutes 58 seconds East a distance of 7.86 feet; Thence North 12 degrees 56 aeries 10 seconds Fesf a disimece of ]a 86 feet,- 7henee North 14 degrees 53 minutes 14 seconds East a distance of 14.70 feet; T hence North 15 degrees 45 minutes 33 seconds Fast a distance of 54.54 feet; Thence North 15 degrees 06 modes 10 seconds East a distame qjr 7362 feet; Thence North 15 degrees 17 mammies 09 seconds Fast a akstasece of 8ti47 feet; Thence North 14 degrees 56 mnwdes 35 seconds Fml a ass to n ce of 36.15 feet; Thence North 15 degrees 49 meindes 52 seconds Fast a &sum w of 4& 18 feet; Thence North 15 degrees 42 mineriec 58 seconds West a ifistance of 78.80 feet Thence North 15 degsers 27 wars 21 seconds West a als eri ce of 65.26 feet: Thence North 24 degrees 24 =nedaa 24 seconds Wes* a distance of 30.21 feet; Thence North 29 degrees 39 mundes 30 secants West a dtstanw of 41.96feet; Thence North 38 degrees 59 eunutes 25 seconds West a a5sieae of 48.28 feet: Thence North 46 degrees 52 wbedes 00 seconds West a okst®ece of 2742 feet; Thence North 54 degrees 40 m6ndes 55 seconds West a dstareee of 84 82 feet Thence North 52 degrees 33 wneutts 13 secmds West a 1 -9, a of 13234 feet; Thence North 22 degrees 29 numdes 11 seconds East a donee of 23.20 feet; Theieee North 52 degrees 22 mbnfiles 57 seconds Flat a distance of 194.45 feet; Thence South 39 degrees 25 m mtes 44 seconds East a destmeee of 80346 feet; Thence South 04 degrees 00 mew 42 seconds West a &Uawe of 425.00 feet to the Pbint of beginning. 338 a Lu HAROLD E.- BEABOUT EXHIBIT k Conceptual Site Plan Legally Described 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 corner 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. EAPLAN\ZONE\Rezone\RESORT_ZONING\no build legall.doc Page 1 of I EXHIBIT FOUNTAIN HILLS RESORT PROPOSED NO -BUILD EASEMENT L �Ob ' y\ WESTRIDGE VILLAGE MCR 97-0192130 BK. 437 PG. 30 MARCH 18, 1997 y�y •<F Sao "`� . � \y .'� 'sm �r`' s� F POINT OF BEG'l*,NIG FOUNTAIN HILLS RESORT FINAL PLAT, MCR 02-0694396 BOOK 597, PAGE 42 N rn .t i s PROP056V\ �Fsk NO BUILD EASEMEI4T, ti%� (1.380 ACRES �, �_ �. ,' • +' I N • 1fE S 0 200' 400' FEET SCALE: 1" = 200' DATE: 2-20-2003 `r. CHAMBER OF COMMERCE January 22, 2003 RESOLVED The Board of Directors of the Fountain Hills Chamber of Commerce fully supports the construction of the Hilton Resort located at the corner of Palisades and Shea Blvd. in Fountain Hills. The construction and operation of this resort and convention center will bring need jobs to Fountain Hills, and valuable sales and bed tax income for the town of Fountain Hills. Additionally, thousands of new tourists will be visiting our town and supporting our businesses with their vacation and convention dollars each year. By establishing a Hilton Hotel and Convention Center, the developers will be putting Fountain Hills on the International Map with the hundreds of thousands Hilton Honors members who will be using their points and vacationing in our town. We understand that the rezoning request is being submitted in order to make this project feasible, and therefore, we encourage the swiftest possible approval of the rezoning request so that this valuable project can get underway. Fountain Hills Chamber of Commerce • P.O. Box 17598 • Fountain Hills, Arizona 85269-7598 • (480) 837-1654 • FAX (480) 837-3077 www.fountainhi[Ischamber.com RESOLUTION NO.2003-08 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 ARiz. 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 l: 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: Tim G. Pickering, Town Manager 9196.001TV DmAp.-res.doc 2-28.03-1 &r p Bev Bender, Town Clerk APPROVED AS TO FORM: J � Andrew J. McGuire, Town Attorney Signatures of Submitting Staff: Ao D partment Head /a/ I..., " / a 1. ez �0, T n Manager /(Designee) Budget Review (if item not budgeted or exceeds budget amount) Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 3/6/03 Suhmiitting Department: Community Development Contact Person: Denise Ruhling, Planner Consent:❑ Regular:® Requesting Action:® Type of Document Needier Approval Xheck all that aptly) ® 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 Priorify'(ClieetAntiropriate 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 Amnda 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 Impacts 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. Sb" Type(s) of Presentation: Powerpoint TOWN OF FOUNTAIN HILLS PLANNING DEPARTMENT STAFF REPORT TO: Mayor Beydler and Town Council DT• FebruM 26 2003 FR: Denise Ruhling, PlanneF 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 "R 1-10" and "R 1-43" 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 as 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. An additional meeting held with the Westridge residents, Town Staff and the Developer resulted in the Developer agreeing to place a "No Build" easement upon the property and relocating five (5) of the units to accommodate the "No -Build" easement. This easement will be presented as a part of the development agreement and will not allow the building of structures within the easement but will allow landscaping, roadways and parking. This action is a positive move on the Developers part and shows the willingness of the Developer to work with the residents and staff to produce a development that is acceptable to all. 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 Page 2 of 5 Fountain Hills Resort Case Number GPA2002-01 & Z2002-11 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) 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. Elimination of the HPE — The Town of Fountain Hills has adopted a Hillside Protection �W 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. A development agreement is proposed to accommodate this requirement. 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. A development agreement is proposed to accommodate this request. 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. Page 3 of 5 Fountain Hills Resort Case Number GPA2002-01 & Z2002-11 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. A development agreement is proposed to secure the building of the hotel. 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: 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. This application was presented at the February 20, 2004, Town Council meeting and was continued to allow further negotiation on the proposed development agreement. 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. Page 4 of 5 Fountain Hills Resort Case Number GPA2002-01 & Z2002-11 Based on staff's 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 5 of 5 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 Through: Jim Leubner, Senior Civil En . RE: Fountain Hills Resort — New Concept 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 "R1-43" 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 pAS%\AIL Page 1 of 15 MOTION SECOND �a�►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 & C", as Lodging, and Sin -le 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 "R1-43, 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 change 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 Town Of Fountain Hills, except for lot area/room, building height and lot coverage, as stated in the table below I. -A P IT" AREA LOT WIDTH BLDG LOT DISTANCE (SQ.FEET) AREA/ ROOM (FEET) HEIGHT MINIMUM YARD SETBACKS COVERAGE BETWEEN (FEET) BLDGS (SQ. FEET) (FEET.) STREET FRONT SIDE SIDE REAR 43,560 a-,k 4 145 30Uaa 40 30 40 60 2-5% 10 (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 M 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: 4harontorg�an,ayor Cassie B. Hansen, Town Clerk REY 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 I Ordinance 99-23 Page 6 of 15 EXHIBIT 6rlylo Cm S S Concept Site Plan Sections and Elevations 4,* L-� J.4 .4# do S11 20 :611 Ordinance 99-23 Page 7 of 15 kw::.-;T -.);� 41" i 41 - Rmp "it f \ \\ \`� `\ \: » � � \ \ � � � -\� i / � _�• Id "to I*ft dinamr- I Page 9 of 15 V > t L Ordinance 99-23 Page 10 of 15 • _ ce ir. z a a a _ a a Ordinance 99-23 Page 11of15 w.i L r T� 0 Ordinance 99-23 Page 12 of 15 it O V; N a C O LL. u • " S r� i 3 _ksJ-1 e r � • ts- Ordinance 99-23 Page 13 of 15 ,%W i r T Ordinance 99-23 Page 14 of 15 .� 7e. , a_t- 4��"rr' �. YYy«ian a��.�.,=.�.f1t'�.�+�L�-� `sy'�''•" 'Y•. ' . • + :• ��1�`..�. •:•. � r t,� '77 c wMt go i. ZP. OW 2��� w"r~ • 4+ f a ~�r/t`yy��i }'�i. _ s.��!� � � � _ f'' T' :�_i• ;• f.= ��t a"-1��•�-t«+ • ..'. 1 vt 4 Jf' A sm M, % it .'T T:? z., Ozl- Nn.0 5V. 47:- vor r2M M2 �Aq-1 ir 4n m r 4W )r A nJilt 7T 10 A ML .!4k vo. AL Ott A n 4 Jr lzp, t go -1z 14. lk We, Ai 55 AM n_:4rlll1 i i t �R !wsi M,�f' Page 1 of 1 Ruhling, Denise From: Ruhling, Denise Sent: Thursday, January 02, 2003 8:19 AM To: 'Mjsmithsrl @cs.com' Subject: RE: 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 to rezone 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 questions 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 currently zoned - even their investors admit that. It is going to have a much more difficult time once they 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. �w 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. V. 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 0 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@browninginoore.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 ,%W 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 R4 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. y 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: There will be a wide variety of unit types provided. Proposed Floor Plans (Figure #8) details unit floor options. Different sizes, bedroom combinations and orientations will add value to the development, the neighborhood and the marketability. Parldng: There 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 1aowCnos =4 01 owe bdmolliFo 8a V., dH GWABW C) C) ILI" OH ..:mnai CH NIVINnOW 12, ou aaNj W. 47 W,!Mw , 1 KWOMST13 1 (Pi SWVH iSMVH • lsmKw /W SIC: m iz L d9! = i : ! aki. IV, C[H lffMN33HO C! _!F I Rd visil - C.;; . f.� jd P2 6 IVA ivn A f Wig c )OD, w3A ZP IMF UNrW "a 9 13AVIZ IW i vN9zF"! Vvfw vw N (lu 0 2111752! ;100H31 ----- V_ (I NOSSOO, _41 - . -4- vm.t ocw 0, AFER J CPJ 21 NX�VH mill— )1391"ow; qz� L7'- tla min I j ... ... R.. nolsNnt�va PWO.L G8 �'! ! �- g, du 3WOSLL 44j. Jim, � Z.) as Lvvq ON L<. A- "T, p z TATUM giglo: law Ls jjp IS RWPCIs cif - s• or is ONM IS Ls 'ONCE is . o is: RL117, 24V C) Ril• m Ls Is -:is,. A*!Kwi. C,: ! 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Figure #2a S132M c =#O z laam ONNY38 :10 StM Mar- 07 .4— CNIM LGS T- kp Al iM U, / d lOb'2�1 .i� r '81 Z66t H08VVV M, Od LD me IV'ld -IVNI-4 OC IZ610 - LB 83Y4 MVINA 30018IS3M MAS)INW43W � SY3 kLFIR( C_ll NO IN31GGY3 3,vosaffl (Nv rW#acw FJl 4 ire t 101 -L (3VWA) INNUM 003=V-NON WVTK*GK CNV MAS) INRYINV3 4nM.LHM iHOSDH S-nlH NIViNno-4 (36) iw_wesyg uaMas AW1 i'V-lJ IVNIA 1HOS:3H STIIH NlViNno-4 4-4 a 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 r 0 400 800 1,200 SCALE: 1 " = 400' ^a eon • i'. 9 atvo. SHEA 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 Proposed Zoning Plan Figure #5 cu j >o � C O O N � a)'i (13 � 4 O C � cu O c Y � L c0 LL c M U � 00 O i N fV a cn c o 00 'O E i w N O 00 : r- N �p N_ a� b0 O con o o 0 oN C7 � C ' +r Q ;r cW 0 v C ca Q > F* Q o > aj � ' 0 y Z UFo- 373 a� = i U 0 011 O kf) N C L i O N O O N rr C v bD x i a> d un > cl C7 U U . L �l MF cd Vct � x cr o�� w to w v] vn a c1 Fo- f1� Unit & Parking Comparison Overview Figure #6 m m z A LLJ I I I L IJ_LIROI M LINE M69g.fMi Fq R b O b O CD/� 0 171 O C 00rA -> Z r �I a 2 r m r r zO 0, m K m co < m m N Z CD N r- E I•N t: Ia a r m r Mfg a 9 M ' , •• a020 M To: Vladimir Hulpach Town of Fountain Hills 16836 E. Palisades Boulevard, Administration Department - Building "A" P.O. Box 17958 Fountain Hills, AZ 85269 (480) 837-2003 (voice) (480) 837-3145 (fax) From: Tim Pickering Fax: 480.816.5966 Pages (including cover): 1 Phone: Date: 2.25.03 Re: CC: ❑ Urgent ❑ Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle Below is the hotel project and residential projects for which HPE land was purchased. As you can read, the $1 a square foot is the price paid for the land. 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 feetper square foot Desert Vista Place Condos .097 acres 4,233.9 $4,233.90 $1.00 (2002) square feet I per square foot The signed development agreement is due by 5:00 PM tomorrow. M RESOLUTION NO.2003-04 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AMENDING THE GENERAL PLAN FOR THE TOWN OF FOUNTAIN HILLS BY AMENDING THE LAND USE MAP FROM THE DESIGNATION OF "LODGING" TO THE DESIGNATION OF "MULTI -FAMILY" FOR + 9.91 ACRES OF LAND LOCATED NEAR THE INTERSECTION OF COPPERWYND DRIVE AND EAGLE RIDGE DRIVE, FROM "R1-8" SINGLE FAMILY ZONING DISTRICT AND "R-5" MULTIPLE -FAMILY RESIDENTIAL ZONING DISTRICT TO THE "R-5 PUD" RESIDENTIAL MULTI -FAMILY PLANNED UNIT DEVELOPMENT. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") adopted the Town of Fountain Hills General Plan (the "General Plan") on June 20, 2002, which General Plan was ratified by the citizens of Fountain Hills on September 10, 2002; and WHEREAS, the General Plan Land Use Map sets forth the understanding of future land use needs; and WHEREAS, the Town Council desires to amend the General Plan Land Use Map with respect to ± 9.91 acres of land, generally located near the intersection of Copperwynd Drive and Eagle Ridge Drive (the "Property"), as more particularly described in Exhibit A and depicted in Exhibit B, each attached hereto and incorporated herein by reference, a/k/a a portion of Final Plat "Fountain Hills Resort" Lot 1; and WHEREAS, public hearings were advertised in the January 8, 2003 edition of the Times of Fountain Hills pursuant to Axiz. REV. STAT § 9-462.04; and WHEREAS, public hearings were held (i) by the Fountain Hills Planning & Zoning Commission on January 23, 2003 and (ii) by the Town Council on February 20, 2003 and March 6, 2003. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1: That the Land Use Map shown as Exhibit 4 of the General Plan is hereby amended to change the designation of the Property from "Lodging" to "Multi-family/High". 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 carry out the purpose and intent of this Resolution. 9196.001%FV Gen.Plan.Amend res.doc 2-28.03-1 PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, March 6, 2003. FOR THE TOWN OF FOUNTAIN HILLS: Jon M. Beydler, REVIEWED Tim G. Picketing, Town Manager 9196'm001TV Gen.PlmAnd ms.doc 2-28.03-1 2 ATTESTED TO: Bevelyn J. Bender, Town Clerk AP7,, VED AS TO FORM: J � AnMcGuire, Town Attorney RESOLUTION NO.2003-04 _ A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AMENDING THE GENERAL PLAN FOR THE TOWN OF FOUNTAIN HILLS BY AMENDING Tj][E LAND USE MAP FROM THE DESIGNATION OF "LODGING" TO 'L IE DESIGNA TON OF "MULTI -FAMILY" FOR ± 9.91 ACRES OF LAND LC*T9h THE INTERSECTION OF COPPERWYND DRIVE AND ELE DRIVE, FROM "R1-8" SINGLE FAMILY ZONING DISTRICT AN]) "R-5" MULTIPLE -FAMILY RESIDENTIAL ZONING DISTRICT TO THE "R-5 PUD" RESIDENTIAL MULTI -FAMILY PLANNED UNIT DEVELOPMENT. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") adopted the Town of Fountain Hills General Plan (the "General Plan") on June 20, 2002, which General Plan was ratified by the citizens of Fountain Hills on September 10, 2002; and WHEREAS, the General Plan Land Use Map sets forth the understanding of future land use needs; and WHEREAS, the Town Council desires to amend the General Plan Land Use Map with respect to ± 9.91 acres of land, generally located near the intersection of Copperwynd Drive and Eagle Ridge Drive (the "Property"), as more particularly described in Exhibit A and depicted in Exhibit B, each attached hereto and incorporated herein by reference, a/k/a a portion of Final Plat "Fountain Hills Resort" Lot 1; and WHEREAS, public hearings were advertised in the January 8, 2003 edition of the Times of Fountain Hills pursuant to Axlz. REV. STAT § 9-462.04; and WHEREAS, public hearings were held (i) by the Fountain Hills Planning & Zoning Commission on January 23, 2003 and (ii) by the Town Council on February 20, 2003 and March 6, 2003. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1: That the Land Use Map shown as Exhibit 4 of the General Plan is hereby amended to change the designation of the Property from "Lodging" to "Multi-family/High". 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 carry out the purpose and intent of this Resolution. 9196.001TV Gen.PIB Amend res.doc 2-28.03-1 a F, PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, March 6, 2003. FOR THE TOWN OF FOUNTAIN HILLS: Tim G. Pickering, Town Manager 9196.001\FV Gen.Plau.Ammd res.doc 2-29.03-1 2 ATTESTED TO: Bevelyn J. Be der, own Clerk APPROVED AS TO FORM: C A:2� Andrew J. McGuire, Town Attorney RESOLUTION NO.2003-04 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AMENDING THE GENERAL PLAN FOR THE TOWN OF FOUNTAIN HILLS BY AMENDING Tj-IE LAND USE MAP FROM THE DESIGNATION OF "LODGING" TO THE DESIGNATiI~ON OF "MULTI -FAMILY" FOR ± 9.91 ACRES OF LAND L Tl R THE INTERSECTION OF COPPERWYND DRIVE AND EAt DRIVE, FROM FROM "R1-8" SINGLE FAMILY ZONING DISTRICT AND "R-5" MULTIPLE -FAMILY RESIDENTIAL ZONING DISTRICT TO THE "R-5 PUD" RESIDENTIAL MULTI -FAMILY PLANNED UNIT DEVELOPMENT. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") adopted the Town of Fountain Hills General Plan (the "General Plan") on June 20, 2002, which General Plan was ratified by the citizens of Fountain Hills on September 10, 2002, and WHEREAS, the General Plan Land Use Map sets forth the understanding of future land use needs; and WHEREAS, the Town Council desires to amend the General Plan Land Use Map with respect to ± 9.91 acres of land, generally located near the intersection of Copperwynd Drive and Eagle Ridge Drive (the "Property"), as more particularly described in Exhibit A and depicted in Exhibit B, each attached hereto and incorporated herein by reference, a/k/a a portion of Final Plat "Fountain Hills Resort" Lot 1; and WHEREAS, public hearings were advertised in the January 8, 2003 edition of the Times of Fountain Hills pursuant to Ap=. REV. STAT § 9-462.04, and WHEREAS, public hearings were held (i) by the Fountain Hills Planning & Zoning Commission on January 23, 2003 and (ii) by the Town Council on February 20, 2003 and March 6, 2003. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION l: That the Land Use Map shown as Exhibit 4 of the General Plan is hereby amended to change the designation of the Property from "Lodging" to "Multi-family/High". 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 carry out the purpose and intent of this Resolution. 9196.001TV Geu.PIa A=Dd ms.doc 2-28.03-1 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 Mendicvr Maricopa County, Arizona; More particularly described,' Coavarescmg at a GLO fiond beeg tiw&ndh QWrter Corner of =d -'It ri 10; Tile along die South line 9f die Wet Oaarter of said Section South 89 degrees 58 mbm*s 31 secands East a &aancae of 2640.40 feet to a GLO marama■enl being the SOOdw i Corner of said Sec ooff lhence North 32 degrees 25 mattes 21 seconds West a dissmice of 449 74 feet to a Febar and cqp sel and the tree Point of Beginning; Thence South 71 degrees 19 snmks 44 wands West a drskme, of 687.06feet; Thence North 16 degrees 36 aorasdes 24 seconds West a d►atarnee of 253.13 feet; Thence North 73 deg; ces 33 arautes 17 secands East a dikme of 104.92 feet; Thence North 73 degrees 23 31 secanahs East a distance of 44 33 feet; Thence North 74 degrees 03 meters 03 seconds East a didancr of 20.29feet. Thence North 64 degrees 02 mmi 'e 4 47 secods East a distance of 30-29 fret: 1 hem North 49 degre= 38 , - f - 21 seconds Fast a dicmamae of 4219 feet; 7heeee North 41 degrees 12 aeuAes 33 seconds East a d stance qf4786ftec- Thence North 35 dignees 29 assents 04 seconds East a distance of 37.33 fret; Thence North 34 degrees 46 nwm*s 40 seconds East a didonee of2209 feet; Thence North 23 alW ees 47 m - A 58 seconds East a dtstanae or7.86 feet; Theme North 12 degrees 56 anodes 10 seconds East a distance o, f 1 a86 feet; 7hence North 14 degrees 53, 14 seconds Fast a dko vice of 14.70 feet; Thcmce 1 kwth 15 degrees 45, 33 seconds East a &Ware of 54.54 feet; Thence North 15 degrees 06 candies 10 seconds East a dL tanoe of 71 62feet: Thence North 15 degrees 17 mummies 09 seconds East a distance of 8647 feet; Thence North 14 degrees 56 ndmde s 35 seconds East a distance of 3d 15 fret: Thence North 15 degrees 49 mutes 52 seconds East a dtsscance of 4818 feet; Thence North 15 degrees 42 a.indes 58 seconds Wet a &donee of 78.80 feet; 7hanec North 15 degrees 27 � 21 seconds West a dimmme of 65.26 feet; Thence North 24 degrees 24 ages 24 seconds West a disiance of 30.21 feet; Thence Ncath 29 degrees 39 ammks 30 seconds Wet a distance of 4L 96 feel; Thence North 38 degrees 59 aen *m 25 seconds Wed a akuaa;e of 4& 28 feet: Thence North 46 degrees 52 munums 00 seconds Wed a distance of 27.42 feet; Thence North 54 degrees 40 ads 55 seconds Wed a distance of 84l 82 feet; The= North 52 degrees 33 ads 13 second; West a cistancie of 13234 feet; Thence North 22 degrees 29 nudes 11 seconds East a distance of 2320 feet; Thence North 52 degrees 22 aimndes 57 seconds East a distance of 194.45 feet; Thence South 39 degrees 25 mmudes 44 seconds East a dstm ee of 803.46 feet; Thence South o4 degrees 00 ma des 42 me onds Wed a distance of 425.00 feet to the of berhmix* f�13131 0 LD E.- ouT E� THIBIT "B" A PORTION OF SEC. 20, 21. 28 do 29, T 3 N. R 8 E. G&SRB&M MARICOPA COUNTY, ARIZONA FOUNTAIN HILLS, ARIZONA Scade in feet 0 400 800 1,200 SCALE: 1 " = 400' 1 :l TMcr B E A Biva _ i- -f_ _ 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 "A" FOUNTAIN HILLS RESORT LEGAL DESCRIPTION PROPOSED R-4 ZONE BOUNDARY C Lo 7- 21 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,' Commmc ng at a GLO tLlo t frimW bretg tJr South Qbar rr Coy 7W of said Section 20; Theme along dr South hue of dr West Owa rtoer of said Section Sordr 89 degrees 58 manses 31 seconds Fast a distance of 26d0.40 feet to a GW mono sent being die Sbm east C ruff of sWd Section Fleenor North 32 degrees 25 ndmdes 21 seconds West a &sue of 449.74 fed to a rebar and cep set and the true Point of Beginning; Thence Sosdh 71 degrees 19 minutes 44 seconds West a &s n ce of 687. 06 feet: Thence North 16 degrees 36 ergs 24 seconds West a dis more of 253.13 feet; Thence North 73 degrees 33 misrtcs 17 seconds Fmt a &%Wnce of 104 92 feet, Theme North 73 degrees 23 mvinaks 31 seconds East a ice of 4433 feet; Theme North 74 degrees 03 eonusrs 03 seconds East a &stare of 2019, feet; Theme North 64 degrees 02 nantrlrs 47 seconds Fast a alskin cue of 3029 feet. Therese North 49 degrees 38 ntira►tes 22 seconds East a dbkrwe of 4219 feet; 7henae North 41 degrees 12 adrudes 33 seconds East a d &moor of 47B6 feet; Thence North 35 degrees 29 airaties 04 seconds East a ds1moce of 3733 feet: Thence North 34 degrees 46 wines 40 seconds F.aw a dcskince of 2209 feet; Thence North 23 degrees 47 srnodrs 58 seconds Ease a dstorx of 7.86 feet: Thence North 12 degrees 56 nodes 10 seconds FAW a dst nm of 10 86 feet,- 7henrx North 14 degrees 53 ndrades 14 seconds EtW a disAaeee of I4.70 feet; 7h mnce Nandi IS degrees 4S eanrev 1 33 seconds East a distance of 54.54 fleet: Thence Narih 15 degrees 06 n wxda 10 seconds Fee a dMareee of 73 62 feet; Thence North 15 degrees 17 airedes 09 seconds Fast a &stance of 8647 feet; 7ham a North 14 degrees 56 aHmtes 35 seconds Fast a distance of 36.15 feet: Theme North IS degrees 49 crudes 52 seconds East a &skvx e of 4818 feet; Theme North 15 degrees 42 mandes 58 seconds Wes! a &donee of 78.80 feet; Thence North 15 degrees 27 maeode s 21 seconds West a &wance of 65.26feet; Thence North 24 degrees 24 nabnaes 24 seconds West a distance of 30.21 feet; Thence North 29 derves 39 mandes 30 seconds West a dsiV w" of 41.96feet, Thence North 38 degrees 59 nnrmees 25 seconds West a &stance of 4828 feet; Theme North 46 degrees 52 mantes 00 seconds West a distance of 27.42 feet; 77eerece North 54 degrees 40 a®rrdec S5 seconds West a drstance of 8482 feet; Theme North 52 degrees 33 mantes 13 seconds West a d unc a of 13234 feet; Thence North 22 degrees 29 narnles 11 seconds Fat a &acme of 23.20 feet; 77eenee North 51 degrees 22 m n des 57 seconds Fast a disionce of 194.45 feet; Thence Sordh 39 degrees 25 winvi es 44 seconds East a dstatoe of 803.46 feet; Thence South 04 degrees 00 miffs 42 seconds West a &stance of 425.00 feel to the Plaint afbeginnirg 338 O w HAROLD E." M BEABOUT EXHIBIT "B" A PORTION OF SEC. 20. 21. 28 do 29. T 3 N. R 8 E. G&SRB&M MARICOPA COUNTY, ARIZONA FOUNTAIN HILLS, ARIZONA T`Rh Cr B Scale in feet 0 400 800 1,200 SCALE: 1 " = 400' 04-^ Btva 5 H E A ��- 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, AMENDING THE OFFICIAL ZONING DISTRICT MAP OF THE TOWN OF FOUNTAIN HILLS BY DESIGNATING 9.91 ACRES OF LAND LOCATED NORTHEAST OF THE INTERSECTION OF SHEA BOULEVARD AND PALISADES BOULEVARD, FROM THE "L-3 PUD" LODGING ZONING DISTRICT TO THE "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 designate ± 23.03 acres of real property (the "Hotel Property") as "L-3 PUD" Lodging Zoning District; and WHEREAS, the Town Council of the Town of Fountain Hills (the "Town Council") desires to rezone + 9.91 acres of the Hotel Property to R-4, Multi -Family residential; and WHEREAS, public hearings were advertised in the January 8, 2003 edition of the Times of Fountain Hills pursuant to ARiz. REv. STAT. § 9-462.04; and WHEREAS, public hearings were held (i) by the Fountain Hills Planning & Zoning Commission on January 23, 2003 and (ii) by the Town Council on February 20, 2003 and March 6, 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 + 9.91 acres of land, as legally described in Exhibit A and graphically depicted in Exhibit B, each attached hereto and incorporated herein by reference, from "L-3 PUD", Lodging Zoning District, to "R-4", Multi -Family 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 or 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. 9196.001\Fountain Vista rezow.ord.doc 2-28-03-1 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: Jon M. Beydler, Tim G. Pickering, Town Manager 9196.001Totmtain Vista rezone.ord.doc 2-28-03-1 2 Bev Bender, Tow Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney EXHIBIT "A" FOU]MUN HILLS RESORT LEGAL DESCRIPTION PROPOSED R-4 ZONE BOUNDARY (LD i 2 A portion of Section 20, Township 3 North, Range 6 East of the Gila and Salt River Base and Mendimi Naricopa County, Arizona; More particularly described,' C,,..,Ma,,GLOAlmmowfoundbwgiiwSo&dhQ&r&rConwrofswdSecftm2O; Thence along the Soffih liar of be West Om rter of said Sect m Sorlh 89 degrees 58 hunerles 31 saconhds East a distance of 2640.40 feet to a GLO anohnament beatg dw Som*ea t Corner of smd Sections; Thence North 32 degrees 25 mnades 21 seconds West a alstance of 449 74 fad 10 a rebar and nap set and file true Point of Beginning; 7henc a Soodh 71 degrees 19 hhhhnam 44 seconds West a dhstmice of 687.06 feet; There North 16 degrees 36 no»ulrs 24 seconds West a &scan ce of 253.13 feet; 7hen a North 73 degrees 33 nobodies 17 secards Fast a dcstrmce ojr 10492 feet; Thence North 73 degrees 23 31 sacoomb East a duce of 44 33ftet- Thmm North 74 degrees 03 nmortes 03 se+c onA East a durance of 20.29 feet, Thence North 64 degrees 02 is - wnts 47 East a dcsimm of 30-"feet; Thence North 49 degrees 38 mantes 22 seconds East a aristaxe of 4219 ft et; 7henm North 41 degrees 12 nos 33 sacands Fmi a dcslance of 4786 feet; Thence AWYh 35 degrees 29 h haws 04 seconds Fast a alslance of 3733 feet; 7hemx North 34 degrees 46 mbir is 40 sucands Fast a ckskince of 2209 feet; Thence North 23 degrees 47 nobodies 58 seconds East a disidnce of 7.86 fret; Thence North 12 degrees 56 nd n fts 10 seconds East a alshahce of l d86 feet; T hhence North 14 degrees 53 n h m*s 14 seconds East a distance of 14. 70 feet; Thence North 15 degrees 45 whinh 1 33 seconds East a distance of 54.54 feet; Thence North 15 degrees 06 adholes 10 seconds Fast a alsemwe of 7362 feet; Thence North 15 degrees 17 des 09 seconds Fast a wee of 8647feet, Thence North 14 degrees 56 nmWwles 35 seconds Fast a afistahnce of 36.15 feet: Thence North 15 degrees 49 ndnrrs 52 seconds Fart a dWiaehce of 4818 feet; Thence North 15 degrees 42 nrihmies 58 seconds West a ice of 79.80 feet; Thence North 15 degrees 27 ennuirs 21 saconnds West a allskcie of 65.26 feet; Thence North 24 degrees 24 mdnades 24 seconds West a drskmm of 30.21 feet; Thence North 29 degrees 39 mmude s 30 seconds West a &s*mm of 4L 96 feet; Theme North 38 degrees 59 enrudes 25 seconds West a dUmm of'48.28 feet: Thence North 46 degrees 52 mmmoes 00 seconds West a c&stahce of 27.42 feet; 77hen a North 54 degrees 40 nrbudec 55 secanos West a &dance of 84 82 f eet; Thence North 52 degrees 33 msnntes 13 seeoa * West a alum= of 13234 feet; Thence North 22 degrees 29 mmuzes 11 seconds East a distance of 23.20 feet; 77henae North 52 degrees 22 n umles 57 Flat a dmance of 194.45 feet; Thence South 39 degrees 25 monrtes 44 seconds FAw a distance of 803.46 feet; Thence Sorth 04 degrees 00 mumves 42 seconds West a alsta men of 425.00 feet to the Paint of begihrnirg 338 0 Lu HAROLD E.- CC BEABOUT 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 bb., Scale in feet 0 400 800 1.200 SCALE: 1 " = 400' 0 T'Mcr B atva /J 5 H E A ----�- lrf ' 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 Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 3/6/03 Submitting Department: Community Development Contact Person: Denise Ruhling, Planner Consent:❑ Regular:® Requesting Action:® Tvpe of Document Needinu 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: Council Prioritv (CheckAnnrooriate 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: PUBLIC HEARING to receive comments on ORDINANCE #03-04 a proposed rezoning from R1-8 (single family residential) and R-5 (multi -family residential) to R-5 PUD for property located at 13225 North Eagle Ridge Drive. Case Number Z2003-02 and PD2003-01. Consideration of ORDINANCE #03-04 a proposed rezoning from R1-8 (single family residential) and R-5 (multi- family residential) to R-5 PUD for property located at 13225 North Eagle Ridge Drive. Case Number Z2003-02 and PD2003-01. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: This request is by Sun Tech Development for a Planned Unit Development to allow the Phase II expansion of Copperwynd Resort located at 13225 North Eagle Ridge Drive (northeast corner of Copperwynd Drive and Eagle Ridge Drive). This application is associated with case #SUP2003-01. List All Attachments as Follows: Ordinance 03-05, Staff Report, Engineering Memo, Elevations, Site Map, Applicant Narrative. Type(s) of Presentation: Powerpoint Signatures of Submitting Staff: D partment Head T n Manager / esi nee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING DEPARTMENT STAFF REPORT TO: Mayor Beydler and Councilmembers DT• Febru 26 2003 • FR: Denise Ruhling, Planner —7 RE: Ordinance No. 03-04 regarding a Rezone from R1-8 to R-5 Planned Unit Development for Copperwynd Phase II. Case #PD2003-01 & Z2003-02. This request is by Sun Tech Development for a Planned Unit Development to allow the Phase II expansion of Copperwynd Resort located at 13225 North Eagle Ridge Drive (northeast corner of Copperwynd Drive and Eagle Ridge Drive). APPLICANT: OWNER: EXISTING ZONING: EXISTING CONDITION: LOT SIZE: Sun Tech Development LLC Neil D. Ginsberg, Partner R-5 Parking lot, Tennis Courts, Maintenance existing facilities to be expanded. 8.93 acres ± SURROUNDING LAND USES AND ZONING: Building, portion of NORTH: Open Space; zoned "OSR" SOUTH: Developed and undeveloped single-family lots in Scottsdale, zoning unknown. EAST: Developed multi -family residential; zoned "R-5" WEST: Developing single-family residential within Scottsdale; zoning unknown and Eagle Ridge North single family residential; zoned "R1-6", "R1-8" and "R1-43". SUMMARY: This facility is currently operating under Special Use Permit to allow the operation of a Country Club/Resort in an R-5 zoning district. The applicant now wishes to expand the Country Club/Resort and offer additional amenities. Some of the proposed expansion details and amenities are as follows: Increase number of rooms from 32 to 136 (an increase of 104 rooms). New parking garage. New pro shop. Expand Clubhouse by adding an additional 4,000 square feet of meeting space. New water feature. Improvement and relocation of tennis courts. The applicant's request for a Planned Unit Development includes the following exceptions to the Zoning Ordinance Requirements: Side Yard Setback: Applicant is requesting that they be allowed a 10' side yard setback instead Copperwynd Resort PD2003-01 of the required 1 times the height of building (or 35.75'). Staff makes no objection to this request, as this area is internal to the master development. Side Yard Sethack for Maintenance Building: Applicant is requesting a 5' instead of the required 10' or 1 times the building height (this is an existing building). Staff makes no objection to this request, as this area is internal to the master development Front Yard and Street Side Yard Setbacks: Applicant is showing a 20' setback on the front yard and street side yards instead of the required 30'. Encroachment into the required 30' setback is only projected in five (5) locations. Staff makes no objection to this request. Encroachment into Drainage and Landscape Easement: The applicant is requesting the ability to encroach 6' into this easement. This issue will need to be approved by the Town Engineer. Vehicular Sight Line: The parking structure does have a slightly blocked view to the northeast. This sight line is onto a private street. Staff makes no objection to this request as it is abutting a private street. However, applicant must work with the Town Engineer to alleviate concerns. R wining Wall Height Within Front Setbacks: Applicant is requesting design considerations for retaining walls located within the "front setbacks" allowing up to 11'. Staff makes no objection to this request, each wall will be reviewed at building permit process to determine engineering requirements and design issues. Cut and Fill: Applicant is requesting approval to exceed the cut and fill requirements for two buildings. Both buildings require fill in excess of the 10' allowed. One building requires 10' 6" for approximately 10% of the building and the other requires 1 F9" for approximately 5% of the building. Staff makes no objection to this request. However, this exception must be processed separately as a cut and fill waiver. Mstance Between R uildingss: Applicant is requesting an exception to the requirement that the building be separated by a distance that equals the adjacent building height. Staff makes no objection to this request, except that the minimum requirements of the Uniform Building Code must be met. Building Height: Applicant is requesting a maximum building height of 40' except in the case of the meeting facility building which is proposed to be at a height of 43'. Staff makes no objection to this request. The Zoning Ordinance does allow a maximum height of 40' within the R-5 zoning district when approved by Council. EVALUATION: The Town continues to be impressed with the quality of development on the existing Copperwynd Resort and considers this project to be an asset to our community. The General Plan states that Lodging should be fostered within our community. Thus, this expansion is in conformance with the General Plan. Page 2 of 3 Copperwynd Resort PD2003-01 i%,,, The future sales taxes and revenue is a benefit to the town. Modifications as spelled out in the Planned Unit Development are necessary to facilitate the expansion as proposed. Staff understands that exception to any portion of our ordinance must be carefully considered. However, staff believes that due to the fact that the uses at this site are more commercial than residential in nature, the exceptions as presented are acceptable. Parking requirements are met by a combination of open parking and parking garage providing 317 spaces. Initial calculations show that approximately 292 spaces are required. The exact location and design of these spaces will be carefully reviewed at building permit. Open space is accommodated by the proposed water attraction/outdoor activity area and by Tract A located to the north of this lot (6.7140). The Planning & Zoning Commission reviewed this application at their February 27, 2003, meeting in public hearing. No public input was given on the application. The Commission voted to recommend approval, by a vote of six (6) ayes and one (1) nay, of this application based upon the information presented in the Staff report including economic impact, conformance with General Plan, consistency with current development on the site and quality of development. RECOMMENDATION: Staff recommends approval of Ordinance No. 03-04 regarding the proposed Rezone from R1-8 to R-5 Planned Unit Development for Copperwynd Phase 11. Case #PD2003-01 & Z2003-02. Page 3 of 3 �ftw TOWN OF FOUNTAIN HILLS PLANNING AND ZONING TOWN COUNCIL MEMO TO: Honorable Mayor Beydler and DT: February 28, 2003 Town Council FR: Chairman Michael Downes, RE: Copperwynd Phase II Planning and Zoning Commission P & Z Case # PD2003-01 This memo serves as the Planning and Zoning Commission's recommendation for approval of the Phase H expansion of Copperwynd Resort located at 13225 North Eagle Ridge Drive. The Planning and Zoning Commission voted 6-1 to approve this development. This recommendation is based upon the Staff Report as presented by Denise Ruhling, Planner and other information as presented at the Public Hearing on February 27, 2003. Michael Downes, Chairman Mdownes/Jbaxter/Copperwynd/2/28/03 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Denise Ruhling DT: February 3, 2003 FR: Randy L. Harrel, P.E., L.S. Town Engineer RE: Copperwynd Resort Expansion (Phase II) Z 2003-02/ PD 2003-01 Engineering Department recommended stipulations for the above rezoning request and plan of development are as follows: (1) Complete the annexation/de-annexation of this project's site from the City of Scottsdale. (2) Participate 21% in the cost of a future traffic signal and intersection modification at the Eagle Ridge Drive/ Palisades Blvd. intersection, if warranted within 5 years of acceptance of this project's construction, unless otherwise provided for in a future multi -party participation agreement. (3) Reconstruct a portion of Eagle Ridge Drive and modify its median and frontage landscaping to meet a (470', 35 mph) vehicular sight distance from the intersection of Copperwynd Drive onto Eagle Ridge Drive. (4) Reconstruct the existing downstream storm drainage pipe(s) for adequate flow and drainage of the parking garage and other buildings (and/or provide adequate detention storage.) (5) Provide adequate accessibility and fire protection measures satisfactory to the Town. Tom Ward Art Candelaria Mark Zimmerman Copperwynd Resort Expansion.doc Page I of 1 Chron 12 NARRATIVE — DESIGN STANDARD AMENDMENTS The Retreat: CopperWynd Phase II 13225 North Eagle Ridge Drive Fountain Hills, Arizona Arch. File #: 2001-8B November 18, 2002 Revised December 5, 2002 Revised December 12, 2002 The following highlights those specific "Zoning Ordinance for the Town of Fountain Hills" and Design Standards that would require an amendment on the CopperWynd Phase II development. Each is rooted in respecting the spirit and intentions behind the Zoning Ordinance and Design Standards. The applicant also realizes that each of these items would be included in a Development Agreement between the Town of Fountain Hills and Sun Tech Development, LLC. All other Zoning Ordinance requirements have be@n met, except as noted in the following. Side Yard Setback: The east or side yard setback is typically a minimum of I W-0", which the new parking structure respects. However, the requirement that the setback be 1.5 times the wall height, or 46'-6", is exceeded. This particular exposure is not viewed by the public by being internal to the development. The actual 10'-0" setback exceeds the adjacent residential 5' side yard setbacks. 2. Side Yard Setback at Existing Maintenance Building: The east or side yard setback is required to be a minimum of 10%0", and actual setback at this pre-existing one-story structure is approximately 5'-2". The required 1.5 times the adjacent (existing) building height has been exceeded and would require field verification. Height is held quite low from surrounding existing grades and is very unobtrusive, which makes the setback less critical. 3. Drainage and Landscape Easement: The proposed service drive will overlap with the existing Drainage and Landscape Easement, which is a site improvement that will allow the ongoing drainage. A single hotel unit at the Building D southwest corner would encroach approximately 6'-0" into this easement, but the remaining area and typical width would suffice for proper drainage and adequate landscaping fronting on Eagle Ridge Drive. A new legal description and graphic plan would clarify the new easement at this one location and be recorded at Maricopa County if approved by the Town. 4. Vehicular Site Line: The parking structure entry off CopperWynd Drive does have a slightly blocked view to the northeast where the new parking structure encroaches into the 300' sight line. This should not be an issue as one exits the garage, as the traffic approaching the entry drive is from a private drive and must seriously slow down, if not stop, to exit through a security gate. This would easily allow the vehicle exiting the garage to view this on -coming slow and minimal traffic. 12/12/02 Narrative continued Page 2 5. Maximum Y-6" Retaining Wall Height Within Front Setback: A. The west edge of the proposed service drive is encroaching into the existing landscaped berm and there will be some CMU retaining walls that have heights exceeding the Y-6" maximum. Such walls are not viewed by the public from Eagle Ridge Drive, as the existing berm completely conceals the wall and they are on the downhill side from the view. The service drive is only used by staff and rarely used by the public or visitors. They are not viewed from CopperWynd Drive. B. The proposed parking structure has light wells with surrounding retaining walls that introduce day lighting into the lower level of the structure. Such site improvement walls encroach into the side setback and are approximately a maximum of 11'-0" or as low as 4'-0" in other locations. 6. Cut and Fill Maximizes Cut and Fill to 10'-0": (and can be waived by City Council per Zoning stipulation 5-11-4 of page 5-14.) Only buildings that are not compliant are as follows: A. Building B with 10'-6"' fill, and represents 10% of the building footprint. B. Building F with 11'-9" fill, and represents 5% of the building footprint. 7. Distance Between Buildings: Distance requires a separation that equates to the adjacent building heights. A. Building Band C: - actual main structure separation 22`-0"; - required main structure separation 24`-0", therefore short by 2`-0"; - only 1 % of the building is noncompliant with required separation; - actual balcony separation 20`-0"; - required main structure separation 24`-0", therefore short by 4'-0"; and - 1 % of balconies are noncompliant with required separation. B. Building C and D: - actual main structure separation 27'-5"; - required main structure separation 24'-0", therefore greater by Y-7"; - actual balcony separation 14'-10"; - required main structure separation 24'-0", therefore short by 9'-2"; and 12/12/02 Narrative continued Page 3 - 50% of balconies are noncompliant with required separation. C. Building D and F: - actual main structure separation 18'-6"; - required main structure separation 24'-0", therefore short by 5'-C - 100% of the building is noncompliant with required separation; - actual balcony 12'-0"; - required main structure separation 24', therefore short by 12'-0"; and - 100% of balconies are noncompliant with required separation. 8. Building Heights: A. Building A Addition: - 3'-0" above maximum height of 2195.00; - Actual building height at 36'-0" or 4'-0" below the 40'-0" maximum if from new grade; - 1 % at worst case height; and - 10% at any height over 40'. B. Building F: 3'-9" above maximum height of 2148.00; - Actual building height at 31 `-6" or 8'-6" below the 40' maximum if from new grade; - 2% at worst case height; and at any height over 40'. The above includes lifting the non-residential building height above natural grade from 30'-0" to the allowable 40'-0". Note that the actual building heights without exception do not exceed the maximum if taken above the new grade. Buildings B, C and D fronting on Eagle Ridge Drive are significantly screened by the existing berm and landscape to where only a range of 8' at Building D to 20' at Building B of the upper structure can actually be seen from the public street. This is provided by lowering the new finished floor line substantially below the existing grades in front. 1 1: 18i�iiltt`+ fiS:+ili3l+IW;:113�= t t t ;, +qp i t !! t i t! f•- }- , t<t.. e, i t r,'� +t' n! t It 1 =1 ! ! f s I}sllfs !( '� � e t �j) !,ilsl7 ! sl fl{ t ' !! t• s t #1!''f•! Ih =.+ I, ! �t� }!f j ' ► , ; •� +S'i1i ti+fry, Il ;f !i!!:1 t II ?!(4 !Y !} id i!it i�i' �' i �} `} } i� j��i�li,� n j t 1 tl+ii�=►�(�a'!!fi;�i,j ! } ;!ilfrll`!f9 ;!!f !!!#!f f`dl i!#!f9 }} :t ` If " , rN< !!. g ii I•+►, ' tj 1 } u3lr{ IerI�:t ail •tt. !t!!!! i! ....j..;... j.....(.....!...' j..... �f! !►=s }�;�ii i! tt ll�It6 !f� I lltl;ilii� .�!!i'!i it i11'i7f� �! i•�'y�'� IP f � •�� }} !i • i. ( }- t• t IF � i I ft�ils!<,:1 }!�'}�i}! ij� t r ��—� tt' f}! t,=I!! i+ ii 'I; �t vl 41l:l= +II�� T!I {iiii�;?tj ii•f!.tsF i:f jri.! ti! f !ti}.fii jt!'• :u!i;. PLttIIsl; j e ii i 1, ffq�i f • 11 0 0 En o z : il iUi DIY I41 5 im • 0 Ll � � § ■ \ �| §! ;• )\���lD • • ----------+--=- .s � •� a q�. 3 a�E • I t Ali NJ • cc v S E w • iI aI III tl , 0 z • J i C7 i <za-f i ovi�g _ _n of m co SQ • LJ L `J O Ic= O ❑ ❑ .5 II I I u II _ 0 Ml 0 o c 0 ml MET e o > i ! � 0 )! u 0 = o /\ u► 0 L • u 0 a C F�3 =0`3 el a hU� O • 0 0 0 sl_ F sz.l j g o t "WSJ Uri :I M- C FIM ORDINANCE NO. 03-04 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 + 8.94 ACRES OF LAND, LOCATED NEAR THE NORTHEAST INTERSECTION OF COPPERWYND DRIVE AND EAGLE RIDGE DRIVE, FROM "RI-8" SINGLE FAMILY ZONING DISTRICT AND "R-5" MULTIPLE - FAMILY RESIDENTIAL ZONING DISTRICT TO THE "R-5 PUD" RESIDENTIAL MULTI -FAMILY PLANNED UNIT DEVELOPMENT; AND ESTABLISHING AN EFFECTIVE DATE. 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, public hearings were advertised in the February 12, 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 February 27, 2003 and by the Mayor and Council on March 6, 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 8.94 acres of land, as graphically depicted in Exhibit "A" and legally described in Exhibit `B", from the "RI-8" Single Family Zoning District and "R-5" Multi -Family Zoning District to the "R-5 PUD" Residential Multi -family Planned Unit Development. SECTION 2. The Zoning Regulations for this "R-5 Planned Unit Development" Zoning District Case #Z2003-02 and PD2003-01, shall be all of the standards of the "R-5" Multi -family Residential Zoning District, as amended, except where specifically modified in Section 3 through 6 of this Ordinance. SECTION 3. Side yard setback is amended to a minimum of 5 feet instead of the required 10 feet or height of the building; whichever is greater for areas shown on Exhibit "C". SECTION 4. Retaining Wall Height within Front Setback is amended to allow an height in excess of three (3) feet based upon Engineer and Planning Staff review and approval. SECTION 5. Distance between buildings is amended to allow the horizontal separation of the buildings to be less than the vertical height of the highest adjacent building but not less than the separation required by the Uniform Building Code, most recently adopted by the Town of Fountain Hills. SECTION 6. The maximum building height is amended to allow 40' instead of the required 30' and a height of 43' on the meeting facility building as shown on Exhibit "C". SECTION 7. Front yard and street side yard setbacks are amended to allow a 20' setback instead of the required 30' setback for areas shown on Exhibit "C". 9196.001\Coppemynd mzone.v2.ord.doc 3-10-03-1 SECTION 8. This Ordinance shall become effective 30 days after the Maricopa County Board of Supervisors grants approval of the deannexation/annexation approved by the Town Council pursuant to Ordinance No. 03-02. SECTION 9. 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. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, March 6, 2003. FOR THE TOWN OF FOUNTAIN HILLS: 'op 9196.001\Copp—ynd rezone. vlordchlc 3-10-03-1 2 ATTESTED TO: ev Bender, Town Clerk APPROVED AS TO FORM: O`J�' Andrew J. McGuire, Town Attorney In ORDINANCE NO. 03-04 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 T 8.94 ACRES OF LAND, LOCATED NEAR THE NORTHEAST INTERSECTION OF COPPERWYND DRIVE AND EAGLE RIDGE DRIVE, FROM "RI-8" SINGLE FAMILY ZONING DISTRICT AND "R-5" MULTIPLE -FAMILY RESIDENTIAL ZONING DISTRICT TO THE "R-5 PUD" RESIDENTIAL MULTI -FAMILY PLANNED UNIT DEVELOPMENT; AND ESTABLISHING AN EFFECTIVE DATE. 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, public hearings were advertised in the February 12, 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 February 27, 2003 and by the Mayor and Council on March 6, 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 8.94 acres of land, as graphically depicted in Exhibit "A" and legally described in Exhibit `B", from the "R1-8" Single Family Zoning District and "R-5" Multi -Family Zoning District to the "R-5 PUD" Residential Multi -family Planned Unit Development. SECTION 2. The Zoning Regulations for this "R-5 Planned Unit Development" Zoning District Case #Z2003-02 and PD2003-01, shall be all of the standards of the "R-5" Multi -family Residential Zoning District, as amended, except where specifically modified in Section 3 through 6 of this Ordinance. SECTION 3. Side yard setback is amended to a minimum of 5 feet instead of the required 10 feet or height of the building, whichever is greater. SECTION 4. Retaining Wall Height within Front Setback is amended to allow an height in excess of three (3) feet based upon Engineer and Planning Staff review and approval. SECTION 5. Distance between buildings is amended to allow the horizontal separation of the buildings to be less than the vertical height of the highest adjacent building but not less 9196.001\Coppeiwynd rezow.orddoc 3-10-03-1 than the separation required by the Uniform Building Code, most recently adopted by the Town of Fountain Hills. SECTION 6. The maximum building height is amended to allow 40' instead of the required 30'. SECTION 7. This Ordinance shall become effective 30 days after the Maricopa County Board of Supervisors grants approval of the deannexation/annexation approved by the Town Council pursuant to Ordinance No. 03-02. SECTION 8. 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. 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: Tim G. Pickering, Town Manager 9196.001\Coppawynd rezone.orddoc 3-10-03-1 G Z'v 1, t, Bev Bender, Town Clerk APPROVED AS TO FORM: ox J . v M -/L - Andrew J. McGuire, Town Attorney FEE-26-2003 13:28 s P.03 N NO SCALE TRACT "A" COPPERWYND — FOUNTAIN HILLS" BOOK{ 460, PG. 8, M.C.R. (SHEET 2 OF 2) \ Z , LOT 1 \ "EAGLE RIDGE NORTH" BOOK 580, PG. 26, M.C.R. ` ,LOT 1/ COPPER"D . - FOUNTAIN H1L BOOK 460, PG. $, M. C. R (SHEET 2 OF 2) CORPORATE C17Y L1M17S r OF SC0 T T S D A L ET � � 1 47 M (MAP OF DEDICATION EAGLE RIDGE SCOTTSDALE/ FOUNTAIN HILLS. BOOK 465, PG. 16, M.G.R.) \ � " EXHIBIT B TRACT o" LOT 2 "THE VILLAS AT . COPPERIMD" BOOK 465, PG. 37, M.C.R. (SHEET 2 OF 5) TRACT -D c� ! `- , >.010 "EAGLE RIDGE AT \ S a��sy� B�PIy,_ FOUNTAIN HMS" ,SJ E? • o+ BOOK SNEET 9G OF 110) . C. R. � 35a 35 569, \ ; EAST _ COPPERS TRACT .J,. PLANNED UNIT DEVELOPMENT SKETCH OF LEGAL DESCRIPTION RO6�TE. i 2125103 O & ASSOC.INC..COPPERWYND caNsoNI ByREC PLC GERVASI 13225 EAGGLE RIDGE DR. b m,19 452UN. 16THNSTRE�S SUITE 200 FOUNTAIN DILLS, AZ 85268 '�i2 no •o. ,{� Sheet No. PHOENIX. ARIZONA 85016 v ' 2 0F 2 (602) 285--1720 FAX 285-1530 This drawing' is an instrument of service. It ishe property of GERVASIO &ASSOCIATES, INC., and may not be reproduced or reproduction hereof used without permission. TOTAL P.03 FEB-26-2003 13:27 P.©2 EXHIBIT' A LEGAf-DESCRIPTION - COPPERWYND PLANNED UNIT DEVELOPMENT Lot 1 of "COPPERWYND - FOUNTAIN RILLS", according to Book 460 of Maps, page 08, Records of Maricopa County, Arizona. Containing 348, 523 square feet or 8.0.1 acres, more or less. and also, Tract"K" of "CORDILLERA AT COPPERWYND", according to Book 483 of Maps, page 08, Records of Maricopa. County, Arizona. Containing 40,511 square feet or 0.93 acres, more or less. BASIS Of BEARING North 22 degrees 14 minutes 49 seconds West along the; Monument Line of Eagle Ridge Drive (adjacent to Tract "K") as shown on Plat of "CORDILLERA AT COPPERWYND , Book 48.3 of Maps, page 08, Maricopa County Recorder and as shown on "MAP OF DEDICATION FOR EAGLE RIDGE DRIVE", Book 465 of Maps, page 16, Maricopa County Recorder. Reference is hereby made to the attached Exhibit B dra�xing. Sheet 1 of 2 a �2252 � Ropl@<T E. r 1237.2 B01 2-25-03 GT/REC:dbr Exhib;� �<<" QI s � cle y a rc � Se�-bc�cl � 1 ra w rirro_ 1 0 0 ""/\�f��;1j Site Plan 'W S— ,".,0'-0, 10 J20 140 �M Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 3/6/03 Submitting Department: Community Development Contact Person: Denise Ruhling, Planner Consent:❑ Regular:® Requesting Action:® Tvne of Document Needinn 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 Priority (Check ADDrODriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report Only:❑ ® Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: PUBLIC HEARING to receive comments on a request for a SPECIAL USE PERMIT to allow a Resort/Country Club in an R-5 zoning district located at 13225 North Eagle Ridge Drive. Case Number SU2003-01. Consideration of a request for a SPECIAL USE PERMIT to allow a Resort/Country Club in an R-5 zoning district located at 13225 North Eagle Ridge Drive. Case Number SU2003-01. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: This request is by Sun Tech Development for a Special Use Permit to allow a Resort/Country Club for Copperwynd Phase II located at 13225 North Eagle Ridge Drive (northeast corner of Copperwynd Drive and Eagle Ridge Drive). Please refer to associate cases PD2003-01 & Z2003-02 for detail attachements. List All Attachments as Follows: Staff Report, Site Map. Type(s) of Presentation: Powerpoint Signatures of Submitting Staff: Dyf artment Head wn anager / esrgnee 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• FebruM 28 2003 FR: Denise Ruhling, Planner = ' RE: Special Use Permit to allow Resort/Country Club for Copperwynd Phase R. Case # SU2003-01 This request is by Sun Tech Development for a Special Use Permit to allow a Resort/Country Club for Copperwynd Phase 11 located at 13225 North Eagle Ridge Drive (northeast corner of Copperwynd Drive and Eagle Ridge Drive), aka parcel #176-15-416. APPLICANT: Sun Tech Development LLC OWNER: Neil D. Ginsberg, Partner EXISTING ZONING: R1-8 EXISTING CONDITION: Vacant LOT SIZE: Entire Site 6 acres ±. SUP area 1.69 acres. SURROUNDING LAND USES AND ZONING: NORTH: Open Space; zoned "OSR" SOUTH: Developed and undeveloped single-family lots in Scottsdale, zoning unknown. EAST: Developed multi -family residential; zoned "R-5". WEST: Developing single-family residential within Scottsdale; zoning unknown and Eagle Ridge North single family residential; zoned "R1-6", "RI-8" and "R1- 43". SUMMARY: This property is currently operating under two special use permits. The Town approved Special Use Permit 96-05 allowing the use of the hotel and meeting facility in an R-5 zoning district and then in 1999 amended the Special Use Permit to allow the hotel rooms to be occupied before the completion of the meeting facility. In order to allow the proposed expansion of the Resort, it is necessary to extend the Special Use Permit parameters to the newly annexed properties, thus allowing a Resort/Country Club use. EVALUATION: The General Plan "Proposed Land Use Map" does not indicate the type of use to be placed upon this site as the territory is newly annexed. However, the General Plan does indicate "Lodging" for the site contiguous. Thus, making this application in agreement with the General Plan. Copperwynd Case Number Z2003-02 and SU2003-01 Approval of the previous Special Use Permit to allow "lodging" on the contiguous site would indicate that the application is consistent with the original land use intent set forth by the Special Use Permit. The Planning & Zoning Commission reviewed this application at their February 27, 2003, meeting in public hearing. No public input was given on the application. The Commission unanimously voted to recommend approval of this application based upon the information presented in the Staff report. RECOMMENDATION: Staff recommends approval of the proposed Special Use Permit to allow a Resort/Country Club for property located at 132225 North Eagle Ridge Drive, aka Parcel #176-15-416. Case Number SU2003-01. Page 2 of 2 TOWN OF FOUNTAIN HILLS PLANNING AND ZONING TOWN COUNCIL MEMO TO: Honorable Mayor Beydler and DT: February 28, 2003 Town Council FR: Chairman Michael Downes, RE: Copperwynd Phase II Planning and Zoning Commission P & Z Case # PD2003-01 This memo serves as the Planning and Zoning Commission's recommendation for approval of the Phase II expansion of Copperwynd Resort located at 13225 North Eagle Ridge Drive. The Planning and Zoning Commission voted 6-1 to approve this development. ` This recommendation is based upon the Staff Report as presented by Denise Ruhling, Planner and other information as presented at the Public Hearing on February 27, 2003. �//,.,/ Michael Downes, Chairman Mdownes/Jbaxter/Copperwynd/2/28/03 n M1,91! illa R &I bill NF "'(14, ji I 111 't fit LAI Al i IN I M, R1,1111 IT Pj I f. t gil.1 fj� I; t�(�i {iit{i ti {� ! �ij� i t 'i� �(�(iulrpl :'1 f sl{k; .{(�iih�� i`i� ' it trr Him I.T. i 1!0! if 11 -Plil E